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HomeMy WebLinkAboutPCReso 95-26 Standard Req Outdoor SalesRESOLUTION NO. 95-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING STANDARD REQUIREMENTS FOR ZONING CLEARANCE USES ("SPECIAL EVENTS") AND TYPICAL CONDITIONS FOR CONDITIONAL USES ( "MOBILE VENDORS" AND "TEMPORARY OUTDOOR SALES/SIDEWALK SALES NOT RELATED TO ON-SITE ESTABLISHED BUSINESS") WHEREAS, at the March 8, 1993, City Council meeting, the Council received a report from the Dublin Business Task Force requesting modification to the current City policies to permit periodic outdoor sales by local businesses; and WHEREAS, pursuant to the review of this item, the City Council initiated a Zoning Ordinance Text Amendment to permit and regulate outdoor sales events within the City; and WHEREAS, on March 8, 1993 the City Council adopted Resolution No. 32-93 amending the policy on outdoor sales and permitting eligible Dublin businesses to conduct periodic outdoor sales through the Administrative Conditional Use Permit process in the interim period; and WHEREAS, on August 8, 1994, the City Council reviewed a request to consider allowing espresso vending carts in the City; and WHEREAS, after discussion and input from the Chamber of Commerce, the City Council approved an expansion of the Zoning Ordinance Amendment at its August 22, 1994 meeting to consider allowing espresso vending carts in the City; and WHEREAS, a draft ordinance has been prepared amending the Zoning Ordinance to include a definition of the various outdoor sales uses and activities and to identify these uses as Conditional Uses and Temporary Uses; and WHEREAS, the Planning Commission did hold a public hearing on said draft ordinance on July 3, 1995; and WHEREAS, proper notice of said public hearing was given in all aspects as required by State Law; and WHEREAS, said draft ordinance has been reviewed in accordance with the California Environmental Quality Act (CEQA) and a Negative Declaration has been prepared for this project finding that the project would not have a significant effect on the environment; and WHEREAS, a staff report was submitted recommending the Planning Commission recommend City Council approval of said draft ordinance; and WHEREAS, the Planning Commission did hear and consider all said repons, recommendations and testimony hereinabove set forth, and the Planning Commission recommended that the City Council adopt PA 93-012 Zoning Ordinance Amendment Outdoor Sales and Activities; and WHEREAS, the ordinance amendment identifies "SPECIAL EVENTS" as subject to Zoning Clearance approval, and identifies "TEMPORARY OUTDOOR SALES/SIDEWALK SALES NOT RELATED TO ON-SITE ESTABLISHED BUSINESS" AND "MOBILE VENDORS" as subject to Conditional Use Permit approval by the Zoning Administrator; and WHEREAS, to implement the ordinance amendment, Standard Requirements for the Zoning Clearance uses must be established; and WHEREAS, the staff report was submitted and recommended approval of the draft Standard Requirements and T)l~ical Conditions for the above-referenced uses; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby approve the Standard Requirements for Zoning Clearance and Typical Conditions for the Conditional Uses as shown on Attachments 1 through 3 as follows: 1. STANDARD REQUIREMENTS FOR SPECIAL EVENTS, subject to Zoning Clearance approval TYPICAL CONDmONS FOR TEMPORARY OUTDOOR SALES/SIDEWALK SALES NOT RELATED TO ON-SITE ESTABLISHED BUSINESS, subject to Conditional Use Permit approval by the Planning Director TYPICAL CONDITIONS FOR MOBILE VENDORS, subject to Conditional Use Permit approval by the Planning Director PASSED, APPROVED AND ADOPTED this 3rd day of July, 1995. Commissioners Zika, Geist, Jennings, and Johnson AYES: NOES: None ABSENT: Commissioner Lockhart ATrEST: ~lanning Com~ssion Chairl~n Planning Director (g:\pa~1993\93012~respcstd) CITY OF DUBLIN ZONING CLEARANCE STANDARD REQUIREMENTS FOR TEMPORARY USES - SPECIAL EVENTS An approved Zoning Clearance for a Special Event activity shall comply with all of the following Standard Requirements unless a requirement is specifically noted as waived and initialed by a Cit~ of Dublin Planner: Each individual event shall be limited to a maximum number of consecutive days, and a maximum number of events per year, or months each year in which the event may take place. The limitations on hours and days will be established upon review of the individual event application. See below sections of Intent and Specific Requirements for limitations applicable to specific types of events. In addition to these standard requirements, each event shall comply with the intent and specific requirements appropriate to the event category, including but not limited to Arts & Crafts Fairs, Carnivals, Outdoor Sales and Promotional events, Neighborhood/School/Church Festivals, Farmers Markets, etc., as listed below. Along with the information provided in the required Zoning Clearance application, a detailed description of the proposed event shall be submitted, including at a minimum: a. A list of merchandise and/or type of food to be offered for sale; b. Proposed hours of operation; c. Proposed lighting and type of power source needed; d. Any chemicals to be used. e. Certificate of Insurance naming the City of Dublin as additional insured in the amount of One Million Dollars ($1,000,00.00). For outdoor events, a simple site plan or drawing depicting the address and the general location of the event shall be submitted to the City of Dublin Planning Department for approval at least five (5) days prior to the event. This plan may be modified or supplemented by the Applicant upon submittal of a revised plan reviewed and approved by the Planning Director, if submitted within a reasonable amount of time prior to the event. Applications for indoor events shall identify the address where the event will be conducted. All equipment and booths used at the event shall not obstruct pedestrian movement on the sidewalk, nor obstruct existing vehicular access or driver's sight distance, nor block fire protection appliances or fire lanes, and shall be kept clear of all building entrances. The event shall not cause pedestrian traffic to be shifted into the driveway or fire lane aisles. Barricades (pylons, rope, vinyl tape, etc.) shall be installed around the perimeter of the event area to separate people and facilities within the area from vehicular and pedestrian traffic outside the area. Where fenced enclosures are to be used, exits in the enclosure must be provided for every 200 feet of perimeter, with a minimum of 2 exits provided. No event may involve facilities which make permanent changes to the area, such as bolting items to the ground or other street furnishings. Any traffic control necessary in the public right-of-way shall be reviewed and approved by the Dublin Police Services. If any public streets will be closed or significantly affected, signs shall be posted alerting motorists of parking prohibitions along the affected streets. 10. Signage to be used for and at the event shall be linfited to two (2) on-site signs no larger than 24 square feet each, and shall not be erected within the public right-of-way. All signage is subject to the review and approval of the Planning Director prior to issuance of the Special Event permit. Unless otherwise approved, signs shall not be put up prior to the beginning date of the event. ATTACHMENT 1 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Additional promotional signage to be placed prior to the event may be requested subject to a separate Zoning Clearance application review for Temporary Promotional Signs. Plans for any additional promotional signs for use at the event (including balloons, banners, or identification signs) shall be submitted to the Planning Director for review and approval a minilnum of five (5) days prior to the beginning of the event. The placement of unapproved or unauthorized signs on the site shall result in revocation of the Zoning Clearance approval. Approved signs shall be attached to posts, fencing or walls so that they will be secure and will not present a safety hazard. The signs shall not block pedestrian or motor vehicle drivers' view of roads, sidewalks or the parking lots. Signs having blinking, flashing, fluttering lights or any other illuminating devices that change light intensity, brightness or color are prohibited. If a searchlight will be used for the event, it shall be located on the site plan, within the area designated for the event, and shall not obstruct vehicular traffic on site, nor create a distraction to traffic on surrounding streets. An electrical permit shall be obtained from the Dublin Building Department if any exterior lighting is to be installed. All indirect lighting shall be glare shielded. The applicant shall be responsible for the cost of providing adequate traffic control and security on site. The event application and plan shall be sublnitted to the Dublin Police Services for review and deterlnination of the number of personnel required to ensure safety during the event, allowing adequate review time prior to issuance of the Special Event permit. Operation of the event shall be conducted so as not to create a nuisance to adjacent properties. Loudspeakers or amplified music shall be prohibited prior to 10:00 a.m. or after 9:00 p.m., and excessive noise audible off-site shall be subject to the requirements of the Dublin Police Department. The event set-up shall begin no earlier than 8:00 a.m. Hours for public attendance shall be no earlier than 9:00 a.m. and no later than 11:00 p.m., or as restricted for the individual permit. Adequate trash receptacles shall be provided both within and around the event activities. The site and adjacent parking lot area shall be kept free of trash and debris at all times. All lnerchandise, fencing display equipment, debris, etc. shall be removed from the site, and the site restored to a clean and orderly condition, by 8:00 a.m. the day following the last day of the event. If the event includes offering alcoholic beverages for sale, the necessary perlnits shall be obtained and approved by the Police Depamnent and Alcoholic Beverage Control Board prior to the event. Information necessary for approval of the permit by the Police Department must be submitted to the City at the time the Special Events Permit application is submitted. Restroom facilities shall be made available to those attending the event. The event location, equipment and booths shall be reviewed by and comply with the requirements of the Dougherty Regional Fire Authority (DRFA). The Applicant shall comply with the Dougherty Regional Fire Authority Outdoor Assembly Guidelines, and the following conditions: A 20' fire lane must be provided around the exterior of the event. This lane shall be free of parking and other obstructions at all times All entrances into and out of the event area shall remain unobstructed. Temporary "No Parking/No Stopping" signs shall be posted along the driveway entrances, drive aisles and fire lanes to ensure the area is kept clear (contim~ed next page) 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Vendor stands and booths may be no higher than 10 feet. Each vendor stand involving cooking or heating food shall be equipped with a fire extinguisher. If any tents are proposed to be used, the Applicant must obtain a separate permit from the DRFA for the tent, prior to its installation. The applicant must furnish to the DRFA an affidavit of the tent's flame retardency. All food booths/concessions shall obtain applicable permits from the Alameda County Health Care Services Agency - Environmental Health Department, Temporary Food Permits Section (Phone Ron Berry at 567-6700) prior to the event. All booths and tables shall be stable and secure. The applicant shall contact the City of Dublin Building Department to determine whether auy building permits are required. Necessary permits must be obtained at least 5 days prior to the event. The Applicant shall obtain a City Business License prior to the effective date of permit. Any damage to public or private facilities in or around the event resulting from the special event operation shall be the responsibility of the event operators to correct. All associated costs will rest solely with the project sponsor. The Zoning Clearance Application shall indicate the name of a person who will be present at the event and who shall be designated as the Event Operator. This person shall be available before and during the event and shall have authority to make decisions and changes regarding the event operation as problems arise. The applicants and Event Operator shall ensure that the event maintains compliance with all applicable laws and regulations relating to the use/event. The Zoning Administrator shall make the following Required Findings prior to approving a Zoning Clearance for Special Events: The use is required by the public need The use will be properly related to other land uses and transportation and service facilities in the vicinity, and be compatible to the type and nature of operations typically found in the neighborhood. The event, under all circumstances and conditions of its use, will not adversely affect the Public Health, Safety, and Welfare, nor be materially detrimental to persons residing or working in the vicinity, or injurious to properly or improvements in the neighborhood as all applicable regulations will be met. The use shall not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located. The proposed event will not adversely affect automobile and pedestrian safety, or the provision of adequate parking on site; The proposed event will be aesthetically pleasing; EXCEPTIONS: The Zoning Administrator may grant minor exceptions to the standard requirements and regulations, provided that the Required Findings above can still be made. At an.',' time during the effectiveness of the Zoning Clearance approval, the approval may be revocable for cause. Any violation of the terms or standard requirements for the Zoning Clearance use shall be subject to citation. All Zoning Clearance decisions of the Zoning Administrator are subject to interpretation, review, and appeal as provided for in the City of Dublin Zoning Ordinance. An approved special event or outdoor sale shall display the City-approved Zoning Clearance Permit prominently and in plain view at all times during the event. / ARTS & CRAFTS FAIRS - INTENT AND SPECIFIC REQUIREMENTS An Arts & Crafts Fair shall be defined as 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 church, school, neighborhood group, or non-profit, non-restrictive civic or service organization. Each individual Arts & 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. / 1. CARNIVALS - INTENT AND SPECIFIC REQUIREMENTS A carnival shall be defined as 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 2 consecutive days, and no business or sponsor may participate in more than 2 events during a one-year period. Valid permits for each amusement ride shall be obtained and displayed as required by the State Departmem of Industrial Relations. Only games of skill are permitted (games of chance are not permitted) and shall be available for inspection to the Dublin Police Department or other appropriate government agency. Applicant shall submit to the City of Dublin a $500 cash or cashier's check deposit to ensure a thorough clean up of the area. / 1. / FARMERS MARKETS - INTENT AND SPECIFIC REQUIREMENTS Farmers Markets shall be defined as events offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell, directly to the consumer, products which are produced upon land which the producer controls. Each individual Farmers Market shall be limited to a maximum number of consecutive days, and a maximum number of events per ),ear, or months each year in which the event may take place. The limitations on hours and days will be established upon review of the individual event application. If the market layout involves sales from vehicles, the event operator shall be responsible for ensuring that the vehicles are maintained in a safe and secure condition, and that the vehicles are not moved while the event is in progress without the permission of the event operator. Each vendor shall provide at least one 30-gallon or larger trash receptacle adjacent to the vendor area and shall keep the immediate area neat and clean of trash, debris, and food. / 1. OUTDOOR SALES BY ESTABLISHED BUSINESSES - INTENT AND SPECIFIC REQUIREMENTS An outdoor sale by established business shall be defined as an event which offers for sale goods and merchandise which are of the same type as the merchandise sold in the established indoor business at the site. Promotional give-aways, such as free food, are allowed if they are related and subsidiary to the sale. Each individual outdoor sales event shall be limited to a maximmn of 4 consecutive days, and no business may participate in more than 6 events during a one-year period. All sales merchandise shall be brought into the store or otherwise removed at night for security. g:\ord\outdoor~std-evnt.doc CITY OF DUBLIN CONDITIONAL USE PERMIT REVIEWED BY ZONING ADMINISTRATOR TYPICAL CONDITIONS FOR TEMPORARY OUTDOOR SALES/SIDEWALK SALES NOT RELATED TO ON-SITE ESTABLISHED BUSINESS ( 4 EVENTS PER YEAR / 2 DAYS MAXIMUM PER EVENT ) An approved Conditional Use Permit for the above use shall require compliance with all of the following Standard Requirements unless a requirement is specifically noted as waived and initialed by the Zoning Administrator: Each individual outdoor sales event shall be limited to a maximum of 2 consecutive days, and no business or sponsor may participate in more than 4 events during a one-year period at one site. A "temporary outdoor sale not related to on-site established business", also known as a "sidewalk sale" is intended to provide for the limited opportunity for outdoor sales of goods at a developed commercial site in the City. The outdoor sale of goods may not normally be offered at that site, but should be in order to provide a public service of convenience, and only occur for special promotions and pricing not normally offered for the goods. The sales are no~t intended to provide a flea-market type sale of used or outdated goods. Along with the information provided in the required Conditional Use Permit application, a detailed description of the proposed event shall be submitted, including at a minimum: a. A list of merchandise and/or type of food to be offered for sale; b. Proposed hours of operation; c. Proposed lighting and type of power source needed; d. Any chemicals to be used. e. Written anthorization to operate the outdoor sales event at the proposed location, obtained from the site's property owner. f. A list of Businesses and Property. owners within 300 feet of the outdoor sale site area. This list shall be used by the City to mail notices of the proposed sale to nearby businesses, in addition to nearby property owners. h. Certificate of Insurance naming the City of Dublin as additional insured in the amount of One Million Dollars ($1,000,00.00). A simple site plan depicting the general location of the proposed area to be occupied by the event shall be submitted for to the City of Dublin Planning Department for review and approval at least five (5) days prior to the first day of the event. This plan may be modified or supplemented by the Applicant upon submittal of a revised plan reviewed and approved by the Planning Director, if submitted within a reasonable amount of time prior to the event. All equipment and booths used at the event shall not obstruct pedestrian movement on the sidewalk, nor obstruct existing vehicular access or driver's sight distance, nor block fire protection appliances or fire lanes, and shall be kept clear of all building entrances. The event shall not cause pedestrian traffic to be shifted into the driveway or fire lane aisles. Barricades (pylons, rope, vinyl tape, etc.) shall be installed around the event area perimeter to separate people and facilities within the event from vehicle and pedestrian traffic outside the area. Where fenced enclosures are to be used, exits in the enclosure must be provided for every 200 feet of perilneter, with a minimum of 2 exits provided. No event may involve facilities which make permanent changes to the area, such as bolting items to the ground or other street furnishings. Traffic control shall be approved by the Dublin Police Services. Temporary "No Parking/No Stopping" signs shall be posted along the driveway entrances, drive aisles and fire lanes. ATTACHMENT 2 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Signage to be used for the even shall be linfited to two (2) on-site signs no larger than 32 square feet each, and shall not be erected within the public right-of-way. All Signage is subject to the review and approval of the Planning Director. Unless otherwise approved, signs shall not be put up prior to the beginning date of the event. Additional promotional signage to be placed prior to the event may be requested subject to a separate Zoning Clearance application and review for Temporal3, Promotional Signs. Plans for any promotional signs for use at the event (including balloons, banners, or identification signs) shall be submitted to the Planning Director for review and approval a minimum of five (5) days prior to the beginning of the event. The placement of unapproved or unauthorized signs on the site shall result in revocation of the Conditional Use Permit approval. Signs shall be attached to posts, fencing or walls so that they will be secure and will not present a safety hazard. The signs shall not block pedestrian or motor vehicle drivers' view of roads, sidewalks or the parking lots. Signs having blinking, flashing, fluttering lights or any other illuminating devices that change light intensity, brightness or color are prohibited. If a searchlight will be used in the event, it shall be located within the area designated for the event, and it shall not obstruct vehicular traffic on site, nor create a distraction to traffic on surrounding streets. An electrical perlnit shall be obtained from the Dublin Building Department if any exterior lighting is to be installed. All indirect lighting shall be glare shielded. The applicant shall be responsible for the cost of providing adequate security and traffc control on site. The event application and plan shall be submitted to the Dublin Police Services' review and approval, and to determine the number of personnel required to ensure safety during the event, allowing adequate review time prior to issuance of the special event permit. Operation of the event shall be conducted so as not to create a nuisance to adjacent properties. Loudspeakers or amplified music shall be prohibited prior to 10:00 a.m. or after 9:00 p.m., and excessive noise audible off-site shall be subject to the requirements of the Dublin Police Department. The event set-up shall begin no earlier than 8:00 a.m. Hours for public attendance shall be no earlier than 9:00 a.m. and no later than 11:00 p.m., or as restricted by the individual permit. Adequate trash receptacles shall be provided both within and around the event activities. The site and adjacent parking lot area shall be kept free of trash and debris at all times. All debris, merchandise, fencing display equipment and the like shall be removed from the site, and the site restored to a clean and orderly condition, by 8:00 a.m. the day following the last day of the event. Applicant shall submit to the City of Dublin a $250 cash or cashier's check deposit to ensure a thorough clean up of the area. All sales merchandise shall be brought into the store or othenvise removed at night for security purposes. No alcoholic beverages are to be sold at the event. Restroom facilities shall be made available to those attending the event. The event location, equipment and booths shall be reviewed by and comply with the requirements of the Dougherty Regional Fire Authority (DRFA). If any tents are proposed to be used, the Applicant must obtain a separate permit from the DRFA for the tent, prior to its installation. The applicant must furnish to the DRFA an affidavit of the tent's flame retardency. The Applicant shall comply with the following conditions: 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. A 20' fire lane must be provided around the exterior of the event. This lane shall be free of parking and other obstructions at all times. Fire extinguishers shall be placed every 75' of travel. All tent structures shall be of flame-resistant fabric. Each food stand shall be equipped with a fire extinguisher. All entrances into and out of the event area shall remain unobstructed. All food concessions shall obtain applicable permits from the Alameda County Health Care Services Agency - Environlnental Health Department, Telnporary Food Permits Section (Phone Ron Berry at 567-6700) prior to the event. Applicants shall contact the City of Dublin Building Department to determine whether any building permits are required. Necessary pemfits nmst be obtained at least 5 days prior to the event. All booths and tables shall be stable and secure. The Applicant shall obtain a City Business License prior to the effective date of permit. The application form shall indicate the name of a person who will be present at the event and who shall be designated as the Event Operator. This person shall be available before and during the event and shall have authority to make decisions and changes regarding the event operation as problems arise. The applicant and Event Operator shall ensure that the event maintains compliance with all applicable laws and regulations relating to the event. Any damage to public or private facilities in or around the event resulting from the special event operation shall be the responsibility of the event operators to correct. All associated costs will rest solely with the project sponsor. The Zoning Adnfinistrator shall make the following Required Findings prior to approving a Conditional Use Pernfit for a temporary outdoor sales event: The use will be properly related to other land uses and transportation and service facilities in the vicinity, and be compatible to the t3~e and nature of operations typically found in the neighborhood. The event, under all circumstances and conditions of its use, will not adversely affect the Public Health, Safety, and Welfare, nor be materially detrimental to persons residing or working in the vicinity, or injurious to property or improvements in the neighborhood as all applicable regulations will be met. The proposed event will not adversely affect automobile and pedestrian safety, or the provision of adequate parking on site; The proposed event will be aesthetically pleasing; The use shall not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located. EXCEPTIONS: The Zoning Administrator may grant minor exceptions to the standard requirements and regulations, provided that the Required Findings above can still be made. At any time during the effectiveness of the Conditional Use Permit approval, the approval may be revocable for cause. Any violation of the terms or standard requirements for the Conditional Use Permit use shall be subject to citation. All Conditional Use Perlnit approvals and decisions of the Zoning Administrator are subject to interpretation, review, and appeal as provided for in the City of Dublin Zoning Ordinance. An approved outdoor sale shall display the City-approved Use Pernfit prominently and in plain view at all times during the event. g:\ord\outdoor~sld-notr.doc CITY OF DUBLIN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL TYPICAL CONDITIONS FOR OUTDOOR MOBILE VENDOR ( ONGOING SALES AT STATIONARY LOCATION ) An approved Conditional Use Permit for the above use shall require compliance with all of the following Typical Conditions unless a condition is specifically noted as waived and initialed by the Zoning Administrator: Each individual outdoor mobile vendor Conditional Use Permit shall be valid for up to one year from the date approved. Renewals may be granted up to one-year at a time by the Zoning Administrator upon the submittal ora written request, so long as the Zoning Adnfinistrator can make the Required Findings for the outdoor mobile vendor. A separate permit is required for each vending location. An outdoor mobile vendor is defined as a person who sells or offers to sell any t)?e of merchandise, including food and beverages, on an ongoing basis, at a fixed location on private property other than within a building or structure constructed on a permanent foundation. Along with the information provided in the required Conditional Use Permit application, a detailed description of the proposed operation shall be submitted, including at a minimum: a. A list of merchandise and/or type of food to be offered for sale; b. Proposed hours of operation; c. Proposed lighting and type of power source needed; d. Any chemicals to be used. e. Written authorization to operate the vending business at the proposed location, obtained from the site's property owner. f. A list and description of Businesses and Property owners within 300 feet of the property and within 300 feet of the outdoor sale site area. This list shall be used by the City to mail notices of the proposed sale to nearby businesses, in addition to nearby property owners. g. Certificate of Insurance naming the City of Dublin as additional insured in the amount of One Million Dollars ($1,000,00.00). Prior to approval of a Conditional Use Permit, a site plan illustrating the exact location of the proposed outdoor vending location shall be submitted along with a photograph or elevation drawing of the vending cart or stand. The site plan shall illustrate all building entrances/exits, hydrants, handicapped access ramps, and pedestrian crosswalks in the immediate vicinity of the proposed vendor location. An approved plan may be modified or supplemented by the Applicant upon submittal of a revised plan reviewed and approved by the Zoning Administrator. A mobile vendor station shall be non-motorized, and easily moved and self supporting. At no time may vending equipment be attached, tied, or locked to trees, hydrants, benches or other permanent vertical structures. Mobile vendor stands may not obstruct ingress, egress, vehicular or pedestrian traffic or fire lanes; nor shift traffic into drive or fire lane aisles; nor obstruct motor vehicle drivers' sight distance. A barricade (pylons, rope, vinyl tape, etc.) shall be installed around the perimeter of those portions of the vending area where needed to protect patrons from vehicular traffic. Operation of the outdoor mobile vendor sales unit shall be conducted so as to create no nuisance to adjacent properties. At least one 30 gallon garbage container shall be maintained immediately adjacent to the vending location for use by customers. Vendors shall maintain their immediate sales location in a clean and hazard free condition. No vendor shall use, pla),, or employ any amplified music or loudspeaker or other sound device in connection with the promotion of a vending operation. ATTACHMENT 3 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. No vendor shall sell any merchandise to a person who is in a motor vehicle at the time of sale. Every vendor shall obtain a written agreement gMng the vendor and any employees the right to use permanent sanitary facilities located no more than 200 feet from the approved vending location. Vendor hours of operation shall be limited as approved with the indMdual use permit. After the permitted hours of operation, all vending equipment shall be stored within a permanent enclosed structure on-site, or removed and stored off- site. No outdoor mobile vendor may sell alcoholic beverages. A valid permit from the Alameda Count), Health Care Services Agency - Environmental Health Department, Mobile Food Vending Unit shall be obtained prior to approval of the Conditional Use Permit (Phone Graham Phuvanat at 567-6700). A City of Dublin Business License, and all necessary pernfits from the Dublin Building Department and Dougherty Regional Fire Authority, shall be obtained prior to approval of the Use Permit. An electrical permit shall be obtained from the Dublin Building Department if any exterior lighting or other electrical outlets are to be used. All lighting shall be glare shielded. All signs are subject to review and approval by the Zoning Adnfinistrator. The placement of unapproved or unauthorized signs on the site may result in revocation of Conditional Use Permit approval. The maximum sign area is eight (8) square feet per vendor. All signage shall be located on the vending equipment. No off-site signage shall be permitted for a vending unit. Signs having blinking, flashing, fluttering lights or any other illuminating devices that change light intensity, brightness, or color are prohibited. The applicants and vendor shall comply with all applicable laws and regulations relating to the use. The Zoning Administrator shall make the following findings prior to approving a Conditional Use Permit for an Outdoor Mobile Vendor: The use is required by the public need The use will be properly related to other land uses and transportation and service facilities in the vicinity, and be compatible to the type and nature of operations typically found in the neighborhood. The use, under all circumstances and conditions of its use, will not adversely affect the Public Health, Safety, and Welfare, nor be materially detrimental to persons residing or working in the vicinity, or injurious to property or improvements in the neighborhood as all applicable regulations will be met. The use shall not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located. The proposed use will not adversely affect automobile and pedestrian safety, or the provision of adequate parking on site; The proposed use will be aesthetically pleasing; EXCEPTIONS: The Zoning Administrator may grant minor exceptions to the standard requirements and regulations, provided that the Required Findings above can still be made. At any time during the effectiveness of the Conditional Use Permit approval, the approval may be revocable for cause. Any violation of the terms under which a Conditional Use Permit is issued shall be subject to citation. All Conditional Use Permit approvals and decisions of the Zoning Administrator are subject to interpretation, review, and appeal as provided for in the City of Dublin Zoning Ordinance. An approved mobile vendor shall display the City-approved Use Perufit prominently and in plain view at all times during the event. g:\pa#\1993\93012\respc3.doc