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Home My WebLink About8.1 Attch 4 Exh A CC OrdORDINANCE NO. xx -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN REGULATIONS) AND CHAPTER 8.108 (TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE CITY-WIDE PLPA-2011-00026 WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations; and WHEREAS, amendments are proposed to Chapter 8.40 (Accessory Structures and Uses Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail sales; and WHEREAS, amendments are proposed to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to tenant spaces with multiple functions and parking requirements for other Indoor Recreational Facilities not specifically listed in Section 8.76.080. D; and WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and WHEREAS, amendments are proposed to Chapter 8.108 (Temporary Use Permit) as it relates to other temporary land uses not specifically defined and deviating from established development standards; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on August 23, 2011and adopted Resolution 11- recommending that the City Council adopt an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on , 2011; and WHEREAS, pursuant to section 8.120.050.6 of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent -with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of commercial uses and the proposed Zoning Ordinance Amendments facilitate commercial development by bringing greater clarity and consistency to existing commercial regulations related to accessory uses, parking, signage and temporary land uses; and 1 of 8 EXHIBIT A TO ATTACHMENT 4 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 hereby ordain as follows: SECTION 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it 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. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 2. Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: 8. Eating and Drinking Establishments. An Eating and Drinking Establishment incidental to retail sales in Commercial Zoning Districts where the Eating and Drinking Establishment, including food preparation areas and seating areas, is 10% or less of the entire tenant space. SECTION 3. Section 8.76.040.M (Tenant Space With Multiple Functions) of Title 8 of the Dublin Municipal Code is hereby amended as follows: M. Tenant Space With Multiple Functions. When a tenant space contains several Use Types, the amount of parking to be provided shall be the total of that required by Section 8.76.080 for each Use Type, except as otherwise provided by Section 8.76.050 (Adjustment to the Number of Parking Spaces). 1. When a tenant space contains several Use Types for the exclusive use of those engaged in the primary use and not otherwise available to the general public, the amount of parking to be provided shall be the total of that required by Section 8.76.080 for the primary Use Type. 2. When a tenant space contains permitted accessory uses pursuant to Section 8.40.030 (Accessory Uses), additional parking shall not be required. SECTION 4. Section 8.76.040.M.1 (Large tenant space) and Section 8.76.040.M.2 (Small tenant space) of Title 8 of the Dublin Municipal Code are hereby deleted. 2of8 SECTION 5. Section 8.76.080.D (Commercial Use Types), Recreational Facility/Indoor, Other of Title 8 of the Dublin Municipal Code is hereby amended as follows: COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Recreational Facility/Indoor Other Per MUP All other parking requirements for Recreational Facility/Indoor as shown in Section 8.76.080.D shall remain. SECTION 6. The following new definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code to read as follows: O. Flags -AutomobileNehicle Sales. The term Flags -AutomobileNehicle Sales shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. P. Flags -Seasonal. The term Flags -Seasonal shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed for a limited period of time and/or changed on a regular basis to coincide with holidays or the four seasons of the year. The remainder of Section 8.84.020 (Definitions) shall be re-lettered accordingly. SECTION 7. Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is hereby amended to add the Downtown Dublin Zoning District (DDZD), to add the Sign Type "Flags-Automobile/Vehicle Sales", and to remove Sign Types "Open House" and "Window". Matrix A shall read as follows: . Matrix A Sign Approvals and Decisionmaker Authority by Zoning District Sign Type A R-1, R-2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M-2 Awning E X ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Coming Soon X X ZC ZC ZC ZC ZC ZC Community ID X ZC ZC ZC ZC ZC ZC ZC 3 of 8 Electronic Readerboard X X CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP (PC) Flags- Automobile/Vehicle Sales X X ZC ZC ZC ZC ZC ZC Freestanding 20' or Less in Height E X ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Grand Opening X X ZC ZC ZC ZC ZC ZC Identification** ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR Master Sign Program SDR X SDR SDR SDR . SDR SDR SDR Office Building Master ID X X ZC ZC ZC ZC ZC ZC Off-Site Residential Development Directional BP BP BP BP BP BP BP BP Off-Site Temporary For Sale or Lease F X ZC ZC ZC ZC ZC ZC Permanent Banner Sign X X X X MSP/ SDR MSP/ SDR MSP/ SDR MSP/ SDR Projecting Sign F X BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price Sign X X ZC X ZC ZC ZC ZC Special Easement ~ X ZC ZC ZC ZC ZC ZC Temporary Promotional (21 Days) X ZC*** ZC ZC ZC ZC ZC ZC Tenant Directory X X BP BP BP BP BP BP Wall ~ X BP BP BP BP BP BP SECTION 8. Section 8.84.040.6 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to add Sign Type "Flags-Automobile/Vehicle Sales" and to amend Sign Type "Temporary Promotional" as follows: 4 of 8 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements Copy Restrictions Additional Regulations Flags - See Section See Section See Section See Section See Section See Section Automobile/ 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F Vehicle Sales Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of 21 Promotional Clearance. shall not be which business is Clearance. consecutive Section One (1) on a larger than located and shall calendar days 8.84.050.S tenant building 60 square not be located so per permit; 21 frontage and feet. that the sign is consecutive one (1) on the higher than the calendar day street eave of the waiting period frontage. If structure in which between more than one the business is permits. street located. frontage, one (1) sign may be displayed on each street frontage, up to two street frontages, if the signs are at least 200- feet apart. Temporary One (1) Temporary Temporary Promotional Banner for Banners for Banner for Apartment Apartment Apartment Communities Communities Section which shall shall be 8.84.050.S not exceed allowed a 12 square maximum of 90 feet. days per calendar year in any time configuration desired. All other provisions contained in Matrix B shall remain and all Section references shall be re- lettered accordingly to refer to corresponding signs in Section 8.84.050 (Signs Subject to Permits). SECTION 9. Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: 5 of 8 F. Flags - Automobile/Vehicles Sales.. Automobile/Vehicle Sales Flags are permitted in those Zoning Districts where Automobile/Vehicle Sales are permitted subject to approval of a Zoning Clearance. Automobile/Vehicle Sales Flags are subject to the following: 1. Automobile/Vehicle Sales Flags shall be located on the site where the business being advertised is conducted. 2. The location of Automobile/Vehicle Sales Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of Automobile/Vehicle Sales Flags shall be limited to one (1) flag per light pole, up to one-half of all light poles located on the site. 4. Automobile/Vehicle Sales Flags shall be limited to a maximum of 20 square feet and may be single sided or double sided. 5. Automobile/Vehicle Sales Flags shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley or other vehicular access way. No flag shall project into a public right-of--way. 6. Automobile/Vehicle Sales Flags shall be maintained in good condition at all times. Any flag that is faded, torn or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with Section 8.84.050.F. The remainder of Section 8.84.050 (Signs Subject to Permits) shall be re-lettered accordingly. SECTION 10. Section 8.84.050.S (Temporary Promotional Signs) of Title 8 of the Dublin Municipal Code is hereby amended as follows: S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty-one (21) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that .the sign is taller than the eave of the structure in which the business is located. One (1) temporary promotional sign may be displayed on a tenant's building frontage and one (1) temporary promotional sign may be displayed on the street frontage. If there is more than one street frontage, one (1) temporary promotional sign may be displayed on each: street frontage (in lieu of the building frontage), up to two street frontages, if the signs are at least 200-feet apart. One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) consecutive calendar days between permits is required. In addition, the duration in which banners may be displayed is limited to a maximum duration of 90 days per calendar year. A 6 of 8 temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.B for definition of apartment communities). Any tethered or untethered balloon of greater than 15 inches in diameter shall be permitted only as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulatively shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively shall be issued that allows any temporary promotional sign(s) that include searchlights for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. SECTION 11. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as follows: B. Flags. The .flag, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization or seasonal flags. SECTION 12. Section 8.108.020 (Uses Permitted With A Temporary Use Permit) of Title 8 of the. Dublin Municipal Code is hereby amended to add the following: K. Other Temporary Uses. A temporary land use that is not otherwise defined in Section 8.108.020 nor determined by the Community Development Director to be similar to any of the specific uses contained in Section 8.108.020, may be approved as a temporary use of land subject to the following conditions: 1. The use is temporary in nature and would not exceed 30 calendar days. 2. The use was not established by means of a Temporary Use Permit within the last six (6) months. 3. The hours of operation are between: gam and 9pm Monday through Friday; gam and 11 pm Saturday; and, gam and 6pm Sunday. Event set-up may begin no earlier than Sam. Loudspeakers or amplified music shall be limited to between 10am and 9pm Monday through Saturday. 4. The use would be compatible with the surrounding area and the Zoning District in which it is located. 5. The use complies with the standard conditions established by the Community Development Director. The remainder of Section 8.108.020 (Uses Permitted With A Temporary Use Permit) to be re- lettered accordingly. 7 of 8 Section 13. Section 8.108.024 (Minor Use Permit) of Title 8 of the Dublin Municipal Code is hereby added as follows: 8.108.024 Minor Use Permit. A Minor Use Permit may be applied for to deviate from a standard for any temporary land use contained in Section 8.108.020. Section 14. Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. 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 day of , 2011, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11CC Ord ZOA Update 1.doc 8 of 8