HomeMy WebLinkAboutOrd 21-10 Zoning TUP AmendedORDINANCE NO. 21 - 10
AN ~~RDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
~***~***,~***x*
AMENDING CHAPTER 8.10Et (TEMPOFtARY 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 Ch<~pter 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
WFiEREAS, the Plannirig 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 publi~ hearing was held by the City Council on October
19, 2010; and
WHEREAS, pursuant i:o 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 Cc>uncil did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, trie City Councii of the City of Dublin does ordain as follows:
Section 1:
Compliance with California lEnvironmental Quality Act ("CEQA"): The City Council declares
this ordinance is exempt frorn 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 k~uilding or structure is proposed to be constructed or a site is
proposed to be developed. Therefare, 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 Permitj of the Dublin Municipal Code is hereby amended to
read as follows:
Ord. No. 21-10, Adopted 11/2I10, ~tem 4 2 Page 1 of 7
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 thase specified in Section 8.108.020 and other temporary
land uses determined to be similar by tre 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 r~enewed ~.inless 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 t~ 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 ~o-r~m;~nity Development.
B. Automobile Dealership Promotional Tent Sales. A temporary event promoting auto
sales. A Promotional T~ent Sale shalf be permitted subject to the following conditions:
1. The duration of Automobile Dealership Promotional Tent Sales for any one
dealership shafl be limited to a maximum of 70 days per calendar year.
2. Any single Promotionaf Tent Sale shall last no longer than 30 days.
3. The total square i~ootage of afl 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 feef.
4. The location of ternporary tents shall be subject to review and approval by the
Planning Division, E3uilding ~ivision; 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 shafl ~ae subject to standards established by the Director of
Community Development.
C. Automobile/Vehicle Storage Lots. An AutomobileNehicle Storage Lot (as defined in
Section 8.08.020, Defiriitions) may be permitted as a temporary land use in C-2, General
Commercial zoning dis~trects or comparable PD, Planned Development Zoning Districts,
for a period not to E~xceed six consecutive months. The Director of Community
Development or his/her desigree may allow for one three-month extension upon written
request, subrnitted at least 14 calendar days prior to the expiration of the permit. The
written request must in~clude a reason for the extension other than to simply continue the
use. Once a permit ht~s 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 ~elonging to an estabfished Dublin based business. The
storage lot shall not be open ta the public nor shall any sales transactions take place at
Ord. No. 21-10, Adopted 11!2!10 Item 4 2 Page 2 of 7
the approved storage lot location. A maximum of one temporary use permit shall be
granted per location. F=or the purposes of this subdivision, "location° shall refer to ar~
address, a parcel, or a shopping center, whichever is larger, as determined by the
Director of Community Devefopment. A temporary use permit shall be denied if it is
determined that the AutomobileNehicle Storage Lot would eliminate parking required for
another use pursuant to Chapter 8.76 of this Code. In no case shall an
Automobile/Vehicle Storage Lot be established within 100 feet of a heavily traveled
roadway. Whether a rc-adway is heavily traveled shall be determined by the Director of
Community Development. The estabiishment and operation of the use must comply with
all standards developed by the Director of Community Development.
D. Carnival. An event intE~nded 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, incfuding setup and break down, and no business or
sponsor may participate 9n more than 2 events during a one-year period, subject to
standards established by tl~e Director of Community Development.
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 Cornmunity Development.
F. Construction-Related Temporary Uses. The folfowing types of construction-related
temporary uses may be permitted with approval of a Temporary Use Permit:
1. Temporary Constr~uction Trailer. A Temporary Construction Trailer located on a
development site ~~nd utilized during construction may be permitted subject to
standards established by the Director of Community Development, on the same
premises.
2. Temporary Storag~~ Container. This use includes metal shipping containers used
for the storage of materials. A temporary storage container associated with
construction that mE~ets all of the following conditions:
a} Temporary stor~~ge container in conjunction with remodeling or reconstruction
work at a projec;t 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 Tem~~orary Use Permit can be issued for a maximum of 90 days, with
the option to renew at the Rpplicant's request if the project still has a valid building
permit and substantial progress is being made towards completion of the project.
The Applicant rr~ay request a 90-day extension but must provide proof of recent
building inspecti~~ns or other demonstratian of progress.
b) Container must be iocate~ on private praperty, and may not be located in the
public right-of-w<~y.
c) Container must be located an a paved surface.
d) Container may ~~e located in the rear yard.
e} No more than or~e container per residential parcel is permitted.
f} Construction-Related Temporary Storage (~ontainers shall be subject to standards
established by tr~e Director of Gommuni±y Development.
Ord. No. 21-10, Adopted 11!2/10, Item 4.2 Page 3 of 7
3. Construction EquiK>ment Storage Yard. A construction equipment storage yard
includes both stora~ge containers and construction equipment associated with
construction on a commercial, industriai, or residential project site subject to the
standards establishE~d by the Director of Community Development, on the same
premises. A constr~~tion equip!-nent storage ~ard shal! be located on the project site.
G. Farmers Market. An e~rent offerir~g for sale produce, food items, and related goods and
merchandise by certifiE~d growers authorized to sell directly to consumers,. Each
individual Farmers Market shall be iimited to one day per week subject to standards
established by the Direc:tor o# Community Develc~pmer~t.
H. Festival/Street Fair. E=ach indiv~dual Festival, Neighborhood/Place of Worship/School
Festival, and Street Fair of a not-fcr-profit nature; shall be limited to a maximum of 2
consecutive days and shall not ac~ur in the same lacation more than 2 times a year,
subject to standards est:ablished by the Director of Community Devefopment.
Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit and
collection of newspape~rs 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 sponsc~red by a Dublin-based bona-fide church, school, neighborhood
group, or by a Dublin-based non-prafit, non-restrictive civic or service organization if it is
located on the site of a IawfuCly~ ex9sting principal use. This permit may be renewed by
means of another Temporary l~se ~ermit.
J. Office Trailer - Comm~ercial. Occupancy of a commercial office trailer during the period
of construction or rem~~deling of ~ permanent cammercial or industrial structure(s), for
which a valid building permit is in fiarce, in any Commercial or Industrial zoning district
subject to standards establishPd 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 ,~re distinguishable from Outdoor Sales by Established Businesses
in that Outdoor Events do n~t inv~lve ~he commercial sale of inerchandise, but are
promotional in nature ~or for charit~ble or fundraising purposes. Examples of Outdoor
Cvents by ar~ Established ~~asir~ess include car shows hosted by non-auto oriented
businesses or similar events
L. Outdoor Sales by ar~ 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 E=vents during a calendar year. A minimum waiting period of 3
consecutive calendar ~~ays between Temporary l~se Permits is required. Each outdoor
Sales event by an estabiisi~ed b~siness ~hail be subject to standards established by the
Director of Communit~~ Development. Rev. Ord. 20-06 (November 2006). Parking iot
sales shall not utilize more ~han 10% of the required parking for the business.
M. Outdoor Skating Riink. An outdoor skating rink may be permitted subject to the
following conditions:
1. Maximum of 60 operationaf days per calendar year plus one week for setup and one
week for removal.
Ord. No 21-10, Adopted 11/7_!10, ltem 4 2 Page 4 of 7
2. Outdoor skating rink shail not utilize mor-e thar, 10% of the required parking for the
business where the outdoor skating rink is focated.
3. Outdoor skating rin~ks shall be subject to standards established by the Director of
Community Developmen~.
N. Pumpkin Sales Lot. A P~rr~pkin Sales lat ~s perrnitted for a maximum of 60 days subject
to standards estabiished by the ~Jirector af Comr~urity Development.
O. Similar Uses. A use that is; in the deterr~inatian of the Community Development
Director, similar to any of the specific €~ses contained in Section 8.108.020, temporary in
nature, and are cornpatibie with the surrour?aing area and the Zoning District in which the
use is located. Such sirnilar uses shal! also be subject to any provisions applicable to the
specific use contained ir~ Sectian 8.108.020.
P. Storage Container (N~~n-Residential). ~his use includes metal shipping containers
used for the storage c>f mater6als, 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 ~;ommunity Development and may be renewed by means
of another Temporary U~se ~'ermit. ~etters must be submitted certifying that the Alameda
County Department of E-nviro~mentad Health, the Alameda County Fire Department and
appropriate City Departmerts hav~ given approvaf of the materials stored and the
methods used before the per~i~ wi9! ~e ossued.
Q. Storage Container (Re~sidentiai~. ~his use includes metal shipping containers used for
the storage of materials, an~ d~es n~t include containers associated with construction. A
Temporary Storage Cointainer ~-:~ay be permitted for a maximum time period of 30 days
per calendar year if used fo~ t~~ pu; poses af storing materials relating to home
improvement projects that da not ~equire a buildir~g permit. This Temporary Use Permit
is subject to the following cord~t:a~~s
a. Container must be ~ocated o~ private property, and may not be 6ocated in the public
right-of-way.
b. Container must be located o~ a paved surface.
c. Container may be located in the rear yard.
d. No more than one c~~ntain2r pEr residentia! ~arcel is permitted.
e. Construction-Relate~~ Ter~?~orary Starage Containers shall be s;~bject to standards
established by the C~irect~r ~~ Cammunity Jeve~opment.
R. Temporary Mobile Home/IVlanufactured Home. Occupancy of a Mobile
Home/Manufactured Hc~me du~-ing the period of construction of permanent living quarters
for which a valid building perm~t ~s in force, on ~he same premises, subject to standards
established by the Direc~or of ~:o~r~m~r~ity Devveiopment in any Agriculture or Residential
zoning district.
S. Tract and Sales Offi~:e/Model Hom~ ~omplex. This use includes tract and sales
offices and model homf~ complexes within approved developments, and accessory signs,
landscaping, and parkii~g facifities. This temporary use is in effect during the period of
construction and origina! sale of the buildirgs or lots in a new development subject to
standards established k>y the Girector of Gommunity Development.
Ord. No. 21-10, Adopted 11/2/1Q, Item 4.2 ~~C~@ ~J Of ~
~.108.022 Type of Tempor<ary l~se Per~nits: IVlaj~r a~d IVlinor
A. Major Temporary Use Permit. Ar~y Applicartt seeking a Temporary Use Permit for any
temporary use listed in Sectian 8.108.020 that, ~ue tc its size, location, or hours of
operation, requires City af ~ub!in Staff ta be o~ s~~e during the event or duration of the
temporary use, ta manitor ±he evert ir~ some w~y, o~ to conduct inspections not covered
through another permit sf~all ~e required tc ~btair~ a Ma}or Temporary Use Permit.
Examples of temparary uses requiring a Major Temporary Use Permit include an event
which draws so many ~~articipants tf~at lar~es cf traffic are closed and safety personnel
are required to be on hand ~o ~irect traffic ir~to parkin~ a~eas.
B. Minor Temporary Use Per~rr~it. A16 otr~er types of Temporary llses listed in Section
8.108.020 shall be requirec! ta obtain a Nlinor Temparary Use Permit.
8.108.030 Application. The Ap~iican*, shall submit a complete application pursuant to
Chapter 8.124, F~ppiications, ~ees and Deposits, accompanied by a fee, written
description of thE~ propased temporary use with hours and duration of operation,
the written authorizati~n by the property owner, and a diagram of the proposed
temporary use (inci~sding pedestrian and automobile circulation) and other
information as m~ay be r~quired by the Director of Community Development. The
Director of Comrnunity ~evelopment w=1~ deterrnine whether the Temporary Use
Permit is majcr oi~ mirur ~o~ tne p~rpases of fee ~ayrnent.
8.108.040 Approvai. The Director of Commun~ty Deveiopment or his/her designee may
approve a Temporary l9se Permit upon firding that the project meets all standards
established by th~e Director of Car~mur~ity Development for that permit, including
but not limited to, ~~mpl~ance with applicabde requirements of the State of
California, review and a~pravar by C;ty Departments, compliance with other local
codes and ordir~ances~ ar~ meets the requirements of this Title on forms
approved by the Direct~ 3~~ v~:?~,r~unit~ ~~velaqment.
8.108.050 Expiration Of Temp~rary Use Permit. A Temporary Use Permit shall expire
upon the ~ate shown on the stamped appr~ved diagram and/or written statement
accompanying the app~icatior.
SPrttinn 3~
Severability. The provisions af this Ordinance are severable and if any provision, clause,
sentence, word or part therec-f is held ilfegai, ~r~valid; unconstitutionaf, or inapplicable to any
person or circumstances, sucri illegali~y, 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 ~ersons or circumstances.
Section 4:
Effective Date. This Ordinance shaf! ~~ke effect and be in force thirty (30) days from and after
the date of its final adoption.
Ord. No. 21-10, Adopted 11/2!10. Item 42 ~'age 6 of ?
~
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 BYthe City Council of the City of Dublin on this
2"d day of November 2010, by the following votes:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
~~( ~/,
V ,U^.-- ~,4,x~~%c-,J~ .
Mayor
ATTEST:
~` ~~~~/~'~l
City Clerk
Ord. No. 21-10, Adopted 11/2/10, Item 4.2 Page 7 of 7