HomeMy WebLinkAboutOrd 12-11 Zoning Ord Amend
ORDINANCE NO. 12 -11
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS),
CHAPTER 8.76 (OFF-STREET PARKING AND LOADING 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 8.76.080.0; 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, 2011 and adopted Resolution 11-23 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 October 4,
2011; and
WHEREAS, the City Council waived the reading and introduced an Ordinance amending
the Zoning Ordinance with the exception of Chapter 8.84 (Sign Regulations); and
WHEREAS, pursuant to section 8.120.050.8 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 and
temporary land uses; and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
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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), and except as follows:
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.
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SECTION 5.
Section 8.76.080.0 (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 Facilityllndoor as shown in Section 8.76.080.0
shall remain.
SECTION 6.
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: 9am and 9pm Monday through Friday;
9am and 11 pm Saturday; and, 9am and 6pm Sunday. Event set-up may begin
no earlier than 8am. 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.
Section 7.
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.
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Section 8.
Effective Date and Postinq 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 this 18th day of October 2011, by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
~~,
Mayor
ATTEST:
GAAJ f, ~~
City Clerk
Ord. No. 12-11, Adopted 10-18-11, Item 4.4
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