HomeMy WebLinkAbout8.3 PLPA-2010-00045 TUP Zoning Amendmentof -
n? X82 STAFF REPORT
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DATE: September 28, 2010
TO: Planning Commission
SUBJECT: PUBLIC HEARING - PLPA-2010-00045 Amendments to Chapter 8.108
(Temporary Use Permit) of the Zoning Ordinance (Legislative Act)
Report prepared by Kristi Bascom, Principal Planner
EXECUTIVE SUMMARY:
At the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to
provide a stimulus to the business community and property owners during the current economic
climate. To this end, Staff is recommending changes to Chapter 8.108 of the Zoning Ordinance
(Temporary Use Permit) to create new categories that will facilitate easier approval of
Temporary Use Permits. In addition, Staff has received numerous requests by Automobile
Dealers for a change to the Zoning Ordinance to allow for a special type of temporary
promotional event that is not currently addressed in the Zoning Ordinance. In June 2010, the
City Council directed Staff to work on an amendment to the Zoning Ordinance to allow for this
new type of promotional event, and Staff took the opportunity to clarify other portions of the
Chapter as well.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate;
and 5) Adopt a Resolution recommending that the City Council adopt an Ordinance approving
Amendments to Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance.
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Submitted By
Principal Planner
COPIES TO: File
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viewed By
Planning Manager
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ITEM NO.: U •5
G:IPA#120101PLPA-2010-00045 ZOA Temporary Use PermitslPC 09.28.20101PCSR TUP ZOA.doc
DESCRIPTION:
Background
Earlier this year, Staff met with local automobile dealers to discuss their requests for increased
visibility and presence. Over the past year, Staff has made changes to allow for more flexibility
in temporary promotional signs and a new Directional Signage Program that automobile dealers
have taken advantage of.
Most recently, Staff has been working with the automobile dealers on how to permit "tent sales."
Automobile uses are somewhat different in nature than other businesses. Automobile sales are
primarily an outdoor activity, while most other retail businesses are primarily an indoor activity.
The existing provisions of the Temporary Use Permit authorize Temporary Use Permits for,
among other things, outdoor sales. Such sales are limited in duration. Since automobile sales
are already authorized to be conducted outdoors, it is unclear whether this section of the Zoning
Ordinance was intended to authorize special outdoor sales events at automobile dealerships.
The automobile dealers would like to have the ability to have tent sales as a way to have an
outdoor promotional event for businesses that, like theirs, are primarily outdoor retail
businesses.
On June 1, 2010, Staff received direction from the City Council to amend Chapter 8.108
(Temporary Use Permits) of the Zoning Ordinance to allow automobile dealers a greater length
of time during which they can hold tent sales. The Staff Report and minutes of this meeting are
included as Attachments 1 and 2 to this Staff Report.
While Staff was drafting the amendments to address automobile dealership tent sales, other
amendments were also drafted to help clarify other Temporary Use Permit regulations, as
described below.
ANALYSIS:
Staff is proposing changes to several sections of Chapter 8.108 to create more flexibility for
local businesses and organizations seeking to obtain approval for a temporary use, including
creating the following new Temporary Use categories in Section 8.108.020:
1. Automobile Dealership Promotional Tent Sales
2. Outdoor Event by an Established Business
3. Outdoor Skating Rink
4. Storage Container (Residential)
5. Construction-Related Temporary Uses
6. Similar Uses
A description of each of these new categories and all other modifications to Chapter 8.108 is
provided below. Attachment 3 to this Staff Report is the amended Chapter 8.108 showing
additions and deletions. Section 2 of the draft Ordinance, which is included as Exhibit A to
Attachment 4 of this Staff Report, shows the amended Chapter 8.108 in its final form with all of
the changes incorporated.
Automobile Dealership Promotional Tent Sales (Section 8.108.020.B)
Staff is proposing the establishment of a new Temporary Use category to specifically allow tent
sales for automobile dealerships. Because of the unique characteristics of auto dealers, a new
category was created to differentiate these types of outdoor tent sales from the outdoor sales of
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other businesses. This type of temporary use is proposed to be permitted subject to the
following conditions:
1. Automobile Dealership Promotional Tent Sales for any one dealership shall be limited to
70 days per calendar year.
2. Any single Promotional Tent Sale shall last no longer than 30 days.
3. The total square footage of all temporary tents at an auto dealership site at any one time
shall be no more than 2,000 SF.
4. The location of temporary tents shall be subject to review and approval by the Planning
Division, Building Division, Public Works Department, and Fire Prevention Bureau.
5. No advertising or logos are permitted on any temporary tent canopy.
6. No items shall be attached to any temporary tent.
Construction-Related Temporary Uses (Section 8.108.020.F9
The existing Chapter 8.108 contains provisions to allow for temporary storage containers and
temporary construction trailers on sites that have active building permits, but there has not been
a provision to permit temporary equipment storage on site that is used for construction. The
proposed revisions to this section clarify the exact types of temporary uses permitted and also
group all construction-related temporary uses under one section heading. Among other things,
the section notes that a Temporary Use Permit for a temporary storage container can be issued
for a maximum of 90 days.
Outdoor Event by an Established Business (Section 8.108.020.K)
Chapter 8.108 currently permits Outdoor Sales by an Established Business, but does not have a
category for established businesses who want to hold a temporary outdoor event that is not for
the purpose of selling merchandise. Staff is proposing the establishment of a new Temporary
Use category to allow outdoor events (such as car shows) on a limited basis.
Each individual Outdoor Event shall be limited to a maximum of 4 consecutive days, with a
maximum of 2 such events during a one-year period.
Outdoor Skating Rink (Section 8.108.020.M)
In addition to permitting outdoor events as noted in the section above, there have been requests
in years past for a temporary outdoor skating rink that has a longer duration than a typical
outdoor event. In order to permit this special seasonal event, Staff is proposing to create a new
category. An outdoor skating rink may be permitted subject to the following conditions:
1. Maximum of 60 operational days per calendar year plus one week for setup and one
week for removal.
2. Event shall not utilize more than 10% of the required parking for the business where the
Outdoor Skating Rink is located.
Similar Uses (Section 8.108.020.0)
Occasionally, Staff will receive an application for a Temporary Use type that is not covered by
any of the other categories, although it may share many similarities. In order to allow some
flexibility to permit these types of events if they fit within the general parameters of the
Temporary Use Permit chapter, Staff is proposing to create this new section. This will allow the
consideration and approval by the Community Development Director of other temporary uses
that may not fit into any of the existing categories.
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Storage Container (Residential) (Section 8.108.020. Q)
Temporary storage containers are permitted on active construction sites, but to date it has not
been clear how to permit a temporary storage container in a residential district that is being used
for a short period of time and on a site where construction requiring a building permit is not
taking place. Temporary storage units such as "PODS" are often used by homeowners who are
moving in or out of a home, homeowners engaged in a remodeling project that does not require
a building permit, or similar situation. A Temporary Use Permit can be issued for a maximum of
15 days for this use subject to the following conditions:
1. Container must be located on private property, not in the public right-of-way.
2. Container must be located on a paved surface.
3. Container may be located in the rear yard.
4. One container per residential parcel is permitted.
Type of Temporary Use Permits: Major and Minor (Section 8.108.22)
Staff is proposing a new section to differentiate between a Minor and Major Temporary Use
Permit. For the purposes of determining fee payment, a Major Temporary Use Permit is defined
as an event where City of Dublin Staff will be required to be on site during the event, monitoring
the event in some way, or will be required to conduct inspections not covered through another
permit because of the proposed size, location, or hours of the temporary use. Examples include
an event which draws so many participants that lanes of traffic are closed and safety personnel
are required to be on hand to direct traffic into parking areas. Minor Temporary Use Permits are
those that do not have the above requirements.
All of the proposed amendments to Chapter 8.108 are shown in underline (new text) and
deletions (removed text) in Attachment 3. The final Ordinance, with all of the changes
incorporated, is included as Exhibit A to Attachment 4.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the Valley Times and posted at
several locations throughout the City. A notice of this hearing was mailed to those requesting such
notice ten days before the hearing and the Staff Report and attachments were made available for
public review prior to the public hearing in accordance with Government Code Sections 65090 and
65091.
Additionally, Staff shared the proposed Zoning Ordinance Amendment text related to the new
Automobile Dealership Promotional Tent Sales category with the local auto dealers to ensure that
the proposed language would be suitable. No major concerns were expressed.
ENVIRONMENTAL REVIEW:
The project has been found to be exempt from the California Environmental Quality Act (CEQA),
according to Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code
(Zoning Ordinance) may have a significant effect on the environment.
ATTACHMENTS: 1) June 1, 2010 City Council Staff Report
2) June 1, 2010 City Council meeting minutes
3) Amended Chapter 8.108 of the Zoning Ordinance (with
proposed additions and deletions shown)
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4) Resolution recommending that the City Council adopt an
Ordinance approving Amendments to Chapter 8.108
(Temporary Use Permit) of the Zoning Ordinance, with the
draft Ordinance included as Exhibit A.
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GENERAL INFORMATION:
PROPERTY OWNER/APPLICANT: City of Dublin
LOCATION: Citywide
ZONING: Varied
GENERAL PLAN
LAND USE DESIGNATION: Varied
SPECIFIC PLAN/
LAND USE DESIGNATION: Varied
SURROUNDING USES: Not applicable
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