HomeMy WebLinkAbout4.02 Zoning Ord TUP Amend~~~,1 OF DU~~G
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`~~~~~ S F REPORT
~ ~ ~ DUBLIN CITY COUNCIL File # ^~~~-0~
~4LIFOR~~
DATE: November 2, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE .' Amendments to Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance
(PLPA-2010-00045)
Prepared By: Kristi Bascom, Principal Planner ~
EXECUTIVE SUMMARY:
The City Council will hold a second reading of City-initiated amendments to Chapter 8.108 of the
Zoning Ordinance (Temporary Use Permit) to create new categories that will facilitate easier
approval of Temporary Use Permits.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and adopt an Ordinance amending
Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinanc .
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ubmitted By: Revie d By:
Community Development Director Assistant City Manager
Page 1 of 2 ITEM NO. ~• ~
DESCRIPTION:
Background
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. Earlier this year, Staff met with local automobile dealers to discuss their requests
for increased visibility and presence.
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. 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.
On October 19, 2010, Staff presented the proposed amendments and the City Council waived
the reading and introduced an Ordinance amending Chapter 8.108 (Temporary Use Permit) of
the Zoning Ordinance (Attachment 1). For more details on the proposed amendments and a
thorough analysis of the Project, please refer to the October 19, 2010 City Council Staff Report
(Attachment 2).
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) Ordinance amending Chapter 8.108 (Temporary Use Permit)
of the Zoning Ordinance
2) October 19, 2010 City Council Staff Report (without
attachments)
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ORDINANCE NO. xx - 10
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AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
AMENDING CHAPTER 8.108 (TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE
PLPA-2010-00045
WHEREAS, Staff has identified amendments to the Dublin Zoning Ordinance to modify
the Temporary Use Permit Chapter of the Zoning Ordinance in order to permit a wider variety of
temporary uses and to be more flexible on the location and duration of appropriate temporary
uses; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this
project on September 28, 2010 and adopted Resolution 10-46 recommending that the City
Council approve amendments to Title 8(Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on October
19, 2010; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council hereby finds that the amendments to the Zoning Ordinance are consistent with the
Dublin General Plan; and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1:
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15601(b) (3). Section 15601(b) (3) states that CEQA applies only to
those projects that have the potential to cause a significant effect on the environment. This
adoption of this ordinance is exempt from CEQA because the ordinance does not, in itself,
allow the construction of any building or structure, but rather sets forth the regulations that shall
be followed if and when a building or structure is proposed to be constructed or a site is
proposed to be developed. Therefore, this ordinance of itself, has no potential for resulting in
significant physical change in the environment, directly or ultimately.
Section 2:
Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code is hereby amended to
read as follows:
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ATTACHMENT 1
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CHAPTER 8.108 TEMPORARY USE PERMIT
8.108.010 Purpose. The purpose of this Chapter is to establish a procedure for approving
minor temporary land uses that meet established development review standards
and are acceptable because of their temporary nature. The permitted minor
temporary land uses are those specified in Section 8.108.020 and other temporary
land uses determined to be similar by the Director of Community Development.
Rev. Ord. 20-06 (November 2006)
8.108.020 Uses Permitted With A Temporary Use Permit. All Temporary Use Permits
must conform to the following standards to be approved. No Temporary Use
Permit may be renewed unless otherwise indicated by this Chapter: Rev. Ord.
17-99 (6/1/99)
A. Arts and Crafts Fair. A temporary event offering for sale goods and merchandise which
are handmade or hand-crafted items for sale by the original artist. Fairs may only be
conducted when sponsored by a Dublin-based place of worship, school, neighborhood
group, or non-profit non-restrictive civic or service organization. Each individual Arts and
Crafts Fair shall be limited to a maximum of 3 consecutive days, and no business may
participate in more than 6 events during a one-year period, subject to standards
established by the Director of Community Development.
B. Automobile Dealership Promotional Tent Sales. A temporary event promoting auto
sales. A Promotional Tent Sale shall be permitted subject to the following conditions:
1. The duration of Automobile Dealership Promotional Tent Sales for any one
dealership shall be limited to a maximum of 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 utilized during an Automobile
Dealership Promotional Tent Sale at an auto dealership site at any one time shall be
no more than 2,000 square feet.
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.
7. Promotional Tent Sales shall be subject to standards established by the Director of
Community Development.
C. AutomobileNehicle Storage Lots. An AutomobileNehicle Storage Lot (as defined in
Section 8.08.020, Definitions) may be permitted as a temporary land use in C-2, General
Commercial zoning districts or comparable PD, Planned Development Zoning Districts,
for a period not to exceed six consecutive months. The Director of Community
Development or his/her designee may allow for one three-month extension upon written
request, submitted at least 14 calendar days prior to the expiration of the permit. The
written request must include a reason for the extension other than to simply continue the
use. Once a permit has expired, it shall not be renewed. A minimum waiting period of
one (1) continuous year between permits is required. The storage of vehicles shall be
limited to those vehicles belonging to an established Dublin based business. The
storage lot shall not be open to the public nor shall any sales transactions take place at
Page 2 of 7
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the approved storage lot location. A maximum of one temporary use permit shall be
granted per location. For the purposes of this subdivision, "location" shall refer to an
address, a parcel, or a shopping center, whichever is larger, as determined by the
Director of Community Development. A temporary use permit shall be denied if it is
determined that the Automobile/Vehicle Storage Lot would eliminate parking required for
another use pursuant to Chapter 8.76 of this Code. In no case shall an
AutomobileNehicle Storage Lot be established within 100 feet of a heavily traveled
roadway. Whether a roadway is heavily traveled shall be determined by the Director of
Community Development. The establishment and operation of the use must comply with
all standards developed by the Director of Community Development.
D. Carnival. An event intended to serve a public need by providing a community service or
special entertainment event for the Dublin community which is normally only provided as
a temporary and/or seasonal activity. Each individual carnival event shall be limited to a
maximum of 5 consecutive days, including setup and break down, and no business or
sponsor may participate in more than 2 events during a one-year period, subject to
standards established by the Director of Community Devetopment.
E. 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.
F. Construction-Related Temporary Uses. The following types of construction-related
temporary uses may be permitted with approval of a Temporary Use Permit:
1. Temporary Construction Trailer. A Temporary Construction Trailer located on a
development site and utilized during construction may be permitted subject to
standards established by the Director of Community Development, on the same
premises.
2. Temporary Storage Container. This use includes metal shipping containers used
for the storage of materials. A temporary storage container associated with
construction that meets all of the following conditions:
a) Temporary storage container in conjunction with remodeling or reconstruction
work at a project site with an active building permit and shall be located on the
project site. For construction on a single parcel (not part of a larger development
project), a Temporary Use Permit can be issued for a maximum of 90 days, with
the option to renew at the Applicant's request if the project still has a valid building
permit and substantial progress is being made towards completion of the project.
The Applicant may request a 90-day extension but must provide proof of recent
building inspections or other demonstration of progress.
b) Container must be located on private property, and may not be located in the
public right-of-way.
c) Container must be located on a paved surface.
d) Container may be located in the rear yard.
e) No more than one container per residential parcel is permitted.
f) Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
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3. Construction Equipment Storage Yard. A construction equipment storage yard
includes both storage containers and construction equipment associated with
construction on a commercial, industrial, or residential project site subject to the
standards established by the Director of Community Development, on the same
premises. A construction equipment storage yard shall be located on the project site.
G. Farmers Market. An event offering for sale produce, food items, and related goods and
merchandise by certified growers authorized to sell directly to consumers,. Each
individual Farmers Market shall be limited to one day per week subject to standards
established by the Director of Community Development.
H. 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.
I. 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.
J. 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.
K. Outdoor Event by an Established Business. An Outdoor Event shall be limited to a
maximum of 4 consecutive days, with a maximum of 2 such events during a calendar
year. Outdoor Events are distinguishable from Outdoor Sales by Established Businesses
in that Outdoor Events do not involve the commercial sale of inerchandise, but are
promotional in nature or for charitable or fundraising purposes. Examples of Outdoor
Events by an Established Business include car shows hosted by non-auto oriented
businesses or similar events.
L. Outdoor Sales by an Established Business. 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 calendar year. 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). Parking lot
sales shall not utilize more than 10% of the required parking for the business.
M. Outdoor Skating Rink. 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.
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2. Outdoor skating rink shall not utilize more than 10% of the required parking for the
business where the outdoor skating rink is located.
3. Outdoor skating rinks shall be subject to standards established by the Director of
Community Development.
N. 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.
O. Similar Uses. A use that is, in the determination of the Community Development
Director, similar to any of the specific uses contained in Section 8.108.020, temporary in
nature, and are compatible with the surrounding area and the Zoning District in which the
use is located. Such similar uses shall also be subject to any provisions applicable to the
specific use contained in Section 8.108.020.
P. Storage Container (Non-Residential). This use includes metal shipping containers
used for the storage of materials, and does not include containers associated with
construction or located in a Residential Zoning District. 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 Department and
appropriate City Departments have given approval of the materials stored and the
methods used before the permit will be issued.
Q. Storage Container (Residential). This use includes metal shipping containers used for
the storage of materials, and does not include containers associated with construction. A
Temporary Storage Container may be permitted for a maximum time period of 30 days
per calendar year if used for the purposes of storing materials relating to home
improvement projects that do not require a building permit. This Temporary Use Permit
is subject to the following conditions:
a. Container must be located on private property, and may not be located in the public
right-of-way.
b. Container must be located on a paved surface.
c. Container may be located in the rear yard.
d. No more than one container per residential parcel is permitted.
e. Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
R. Temporary Mobile Home/Manufactured Home. Occupancy of a Mobile
Home/Manufactured Home during the period of construction of permanent living quarters
for which a valid building permit is in force, on the same premises, subject to standards
established by the Director of Community Development in any Agriculture or Residential
zoning district.
S. Tract and Sales Office/Model Home Complex. This use includes tract and sales
offices and model home complexes within approved developments, and accessory signs,
landscaping, and parking facilities. This temporary use is in effect during the period of
construction and original sale of the buildings or lots in a new development subject to
standards established by the Director of Community Development.
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8.108.022 Type of Temporary Use Permits: Major and Minor
A. Major Temporary Use Permit. Any Applicant seeking a Temporary Use Permit for any
temporary use listed in Section 8.108.020 that, due to its size, location, or hours of
operation, requires City of Dublin Staff to be on site during the event or duration of the
temporary use, to monitor the event in some way, or to conduct inspections not covered
through another permit shall be required to obtain a Major Temporary Use Permit.
Examples of temporary uses requiring a Major Temporary Use Permit 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.
B. Minor Temporary Use Permit. All other types of Temporary Uses listed in Section
8.108.020 shall be required to obtain a Minor Temporary Use Permit.
8.108.030 Application. The Applicant shall submit a complete application pursuant to
Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee, written
description of the proposed temporary use with hours and duration of operation,
the written authorization by the property owner, and a diagram of the proposed
temporary use (including pedestrian and automobile circulation) and other
information as may be required by the Director of Community Development. The
Director of Community Development will determine whether the Temporary Use
Permit is major or minor for the purposes of fee payment.
8.108.040 Approval. The Director of Community Development or his/her designee may
approve a Temporary Use Permit upon finding that the project meets all standards
established by the Director of Community Development for that permit, including
but not limited to, compliance with applicable requirements of the State of
California, review and approval by City Departments, compliance with other local
codes and ordinances; and meets the requirements of this Title on forms
approved by the Director of Community Development.
8.108.050 Expiration Of Temporary Use Permit. A Temporary Use Permit shall expire
upon the date shown on the stamped approved diagram and/or written statement
accompanying the application.
Section 3:
Severability. The provisions of this Ordinance are severable and if any provision, clause,
sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not
affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts
thereof of the ordinance or their applicability to other persons or circumstances.
Section 4:
Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after
the date of its final adoption.
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Section 5:
Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
2na day of November 2010, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IPA#120101PLPA-2010-00045 ZOA Temporary Use PermitslCC 11.02.20101Atf 1- CC Ord.doc
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'~~ ~~-~~~82 STAFF REPORT C I T Y C L E R K
~ ~ ~ DUBLIN CITY COUNCIL File # ^~Q~-a[~Q
~~~~LIFORN~~ /
DATE: October 19, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattil~o, City Manager
SUBJECT: Amendments to Chapter 8.108 (Temporary Use Permit) of the Zoning
Ordinance (PLPA-2010-00045)
Prepared By: Kristi Bascom, Principal Planner ((~j
EXECUTIVE SUMMARY:
At the request of the City Councii, 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.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5)
Waive the reading and introduce an Ordinance amending Chapter 8.108 (Temporary Use
Permit) of the Zoning Ordinance. ~
. G' "
Submitted By: R~ wed By:
Comm ity Development Director Assistant City Manager
Page 1 of 5
ATTACHMEN~'2~
DESCRIPTION:
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Background
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. Earlier this year, Staff met with local automobile dealers to discuss their requests
for increased visibility and presence.
Most recently, Staff has been working with the automobile dealers on how to permit "tent sales."
Autamobile 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. 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 1 to this Staff Report is the amended Chapter 8.108 showing
additions in underlined text and deletions as removed text. Section 2 of the draft Ordinance,
which is included as Attachment 2 to this Staff Report, shows the amended Chapter 8.108 in its
final form with all of the changes incorporated.
Automobile Dealership Promotional Tent Sa/es (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
other businesses. This type of temporary use is proposed to be permitted subject to the
following conditions:
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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 auta 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 (Secfion 8.108.020.~
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 a site that is used for construction. The
proposed revisions to this section clarify the exact types of temporary uses permitted and a(so
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 8.908.020.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 c~nsecutive 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. The proposed amendment would allow a Temporary Use
Permit to be issued for a maximum of 30 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.
Staff had originally recommended a maximum time period of 15 days, but at the Planning
Commission meeting on September 28, 2010, the Planning Commission recommended 30
days. This longer time period is included in the draft Ordinance.
Type of Temporary Use Permits: Major and Minor (Secfion 8.108.22)
Staff is proposing a new section to differentiate between a Minor and Major Temporary Use
Permit. For the purpases 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 1. The final Ordinance, with all of the changes
incorporated, is included as Attachment 2.
ENVIRONMENTAL REVIEW:
Staff recommends that the project be found 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.
PLANNING COMMISSION ACTION:
The Planning Commission reviewed the project at a public hearing on September 28, 2010.
The Planning Commission Staff Report and draft minutes for this meeting are included as
Attachments 3 and 4 to this StafF Report. At the meeting, the Planning Commission discussed
the merits of the proposed Zoning Ordinance Amendment related to Temporary Use Permits
and made an additional recommendation. After a brief discussion, the Planning Commission
recommended that the time period for allowing Outdoor Storage Containers (Residential) to
remain on site be changed from a maximum of 15 days to a maximum of 30 days. The Planning
Commission approved Resolution 10-46 (Attachment 5) by a unanimous vote. Staff has
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incorporated the Planning Commission recommendation into the Draft Ordinance (Attachment
2).
NOTICING REQUIREMENTSIPUBLIC OUTREACH:
In accordance with State law, a public notice was published in the Valley Tirnes 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 concems were expressed.
ATTACHMENTS: 1)
2)
3)
4)
5)
Amended Chapter 8.108 of the Zoning Ordinance (with
proposed additions and deletions shown)
Ordinance Amending Chapter 8.108 (Temporary Use Permit)
of the Zoning Ordinance
September 28, 2010 Planning Commission Staff Report
(without attachments)
September 28, 2010 Planning Commission draft meeting
minutes
Planning Commission Resolution 10-46 recommending the
City Council adopt an ordinance approving amendments to
Chapter 8.108 (Temporary Use Permit) of the Zoning
Ordinance
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