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Home My WebLink About8.3 Attch 1 CC Stf Rpt 6-1-10i 1 9 ? -41 82 STAFF REPORT CITY C L E R K DUBLIN CITY COUNCIL File # [jF]K0-Q® DATE: June 1, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJ . Discussion on a Possible Amendment to the Temporary Use Permit Chapter of the Zoning Ordinance relating to Outdoor Sales by Established Businesses Prepared By. Jeri Ram, Community Development Director EXECUTIVE SUMMARY: City Staff has received numerous requests by Automobile Dealers for a Change to the Zoning Ordinance to allow for a special type of promotional event that is not addressed in the Zoning Ordinance. The City Council will determine if Staff should work on an Amendment to the Zoning Ordinance to allow for this new type of promotional event. FINANCIAL IMPACT: Staff estimates that the City Attorney's costs would be approximately $2,100 to complete this task. RECOMMENDATION: Staff recommends that the City Council provide Staff with direction on whether or not to work on an Amendment to the Temporary Use Permit Chapter of the Zoning Ordinance. Should the City Council wish to have Staff work on this, Staff also requests that this work be assigned a priority of high, medium or low. Submitted By Community Development Director &t- 'Revi&Xegcl/By: Assistant City Manager ATTACHMENT 1 Page 1 of 3 ITEM NO. 'g• 1 /111 DESCRIPTION: Over the past year, Staff has been meeting with the Automobile Dealers to address their requests for increased visibility and presence. The City Council 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. Recently, Staff has been working with the Automobile Dealers on "tent sales". The City Council may have noticed that several automobile dealers have had promotional events where they have used tents (Attachment 1). The Zoning Ordinance allows for various types of promotional events by businesses, but this type of event is not specifically identified in the Zoning Ordinance. However, it is similar to an "Outdoor Sale by Established Businesses" and thus, Staff has issued Temporary Use Permits for these events. The challenge with the provisions of the Temporary Use Permit is that they limit the duration of the sale and the number of days per year. The current requirements are that the sale must be limited to a maximum of 4 consecutive days per event, with a maximum of 6 events per year (Attachment 2). The Automobile Dealers have indicated that they would like the duration of each sale to be longer. At present, the duration of the promotional events are longer than the Ordinance allows. Staff recognizes that 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 Automobile Dealers would like to have the ability to have tent sales of longer duration as a way to have an outdoor promotional event for businesses like theirs that are primarily outdoor retail businesses. Staff has a few concerns relating to this request: 1. Advertising on the tent needs to be limited to a reasonable area. Staff has seen an example in another city where the tent is used as a billboard sign (Attachment 3); 2. Limiting the location of the tents so that they do not create visual clutter; and 3. Limiting the timeframe of the proposed tent sale. Staff has received feedback from the Automobile Dealers that they would like 60 - 70 days per year with a maximum of 30 days at a time. If the City Council would like Staff to address this new proposed Temporary Use Permit, Staff would: • Prepare an Amendment to the Zoning Ordinance to establish a Temporary Use Permit process for temporary tent sales by Automobile Dealers incorporating solutions to Staffs concerns noted above; • Meet with the Automobile Dealers to discuss the draft Ordinance; • Prepare the appropriate environmental review; and • Prepare Staff Reports for the Planning Commission and City Council. It is estimated that Staff would spend approximately 40 hours researching, meeting with automobile dealers and preparing the necessary documents. The City Attorney estimates that they would spend approximately 10 hours on the project. GAZoning Ord\TUP Amendment re rents\CCSR6-1-10.doc Page 2 of 3 Should the City Council desire to have Staff work on this Amendment, it would be added to the City's 2010 - 2011 Goals and Objectives. Therefore, as part of City Council direction, Staff would request that this project be given a high, medium or low priority. ATTACHMENTS: 1. Photographs of Tent Sale for Dublin Honda and Nissan. 2. Page 108-2 of the Zoning Ordinance. 3. Photograph of Tent Sale for Albany Toyota from 1-80. GAZoning Ord\TUP Amendment re tcnts\CCSR6-1-10.doc Page 3 of 3 a r N4 TEMPORARY USE PERMIT Chapter 8.108 events during a one-year period, subject to standards established by the Director of Community Development. D. Christmas Tree Sales Lot. A Christmas Tree Sales Lots is permitted for a maximum of 60 days subject to standards established by the Director of Community Development. E. Farmers Market. An event offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell, directly to consumers, products, which are, produced on land the producer controls. Each individual Fanners Market shall be limited to one day per week subject to standards established by the Director of Community Development. F. Festival/Street Fair. Each individual Festival, Neighborhood/Place of Worship/School Festival, and Street Fair of a not-for-profit nature, shall be limited to a maximum of 2 consecutive days and shall not occur in the same location more than 2 times a year, subject to standards established by the Director of Community Development. (Fireworks Sales deleted per - Ord 16-02 (November 2002)) G. Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit and collection of newspapers by the general public may be permitted for a period not to exceed one year subject to standards established by the Director of Community Development, if sponsored by a Dublin-based bona-fide church, school, neighborhood group, or by a Dublin-based non- profit, non-restrictive civic or service organization if it is located on the site of a lawfully existing principal use. This permit may be renewed by means of another Temporary Use Permit. H. Office Trailer - Commercial. Occupancy of a commercial office trailer during the period of construction or remodeling of a permanent commercial or industrial structure(s), for which a valid building permit is in force, in any Commercial or Industrial zoning district subject to standards established by the Director of Community Development. 1. Outdoor Sales by Established Businesses. Each individual Outdoor Sale by an Established Business shall be limited to a maximum of 4 consecutive days, with a maximum of 6 such events during a one-year period. A minimum waiting period of 3 consecutive calendar days between Temporary Use Permits is required. Each outdoor Sales event by an established business shall be subject to standards established by the Director of Community Development. Rev. Ord 20-06 (November 2006) J. Pumpkin Sales Lot A Pumpkin Sales lot is permitted for a maximum of 60 days subject to standards established by the Director of Community Development. K Storage Container. This use includes metal shipping containers used for the storage of materials. The permit may be for one container per business or parcel for no more than one year subject to standards established by the Director of Community Development and may be renewed by means of another Temporary Use Permit. Letters must be submitted certifying that the Alameda County Department of Environmental Health, the Alameda County Fire City of Dublin Zoning Ordinance 108-2 September, 1997 Amended November 27, 2006 Attachment 2