Loading...
HomeMy WebLinkAbout6.2 Zone Ord Amend Ch 8.84~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: TO: FROM: STAFF REPORT CITY COUNCIL CITY CLERK File #450-20 March 6, 2012 Honorable Mayor and City Councilmembers ~~ Joni Pattillo, City Manager ° ~' SUBJECT: Zoning Ordinance Amendments to Chapter 8.84 (Sign Regulations), PLPA-2011-00026 Prepared by Marnie R. Delgado, Senior Planner EXECUTIVE SUMMARY: The City Council will consider adopting amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Chapter 8.84 (Sign Regulations). At the October 4, 2011 City Council meeting, Staff presented City-initiated amendments to the Sign Regulations chapter of the Dublin Zoning Ordinance. The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community. The Town Hall Meeting was held on February 9, 2012. Staff will present the proposed Ordinance to the City Council and the feedback received from the Town Hall Meeting. FINANCIAL IMPACT: None. 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 8.84 (Sign Regulations) of the Zoning Ordinance OR 6) Provide Staff with direction regarding amendments to the Sign Regulations. ~~r'"i Submitted By Director of Community Development ~, Reviewed By Assistant City Manager Page 1 of 7 ITEM NO. 6.2 DESCRIPTION: Background Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent and relevant to changes occurring in the community. Over the past five years, Chapter 8.84 (Sign Regulations) has been amended three times; all of the amendments were related to temporary promotional banners. In 2009, the City Council adopted a temporary modification to the Temporary Promotional Banner regulations to increase the number of days that banners were allowed to be displayed (from 15 days to 21 days) and to reduce the waiting period between banner displays (from 30 days to 21 days). This temporary modification was in effect for a one year period. In 2010, the City Council extended the temporary modification for another year and directed Staff to make the temporary modifications permanent. At the end of 2010, the City Council adopted an Ordinance making the temporary modifications permanent. In February 2011, the City Council directed staff to prepare an informational report on the City's window sign regulations following a complaint by commercial property owners regarding the City's enforcement of the window sign regulations. The City Council received the report and no further action was taken. At the October 4, 2011 City Council meeting, Staff proposed amendments to various Chapters of the Zoning Ordinance including, 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) (Attachment 1). The City Council adopted the proposed amendments with the exception of Chapter 8.84 (Sign Regulations). The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community regarding the proposed amendments to the Sign Regulations (Attachment 2). At the December 20, 2011 City Council meeting, the City Council appointed Councilmembers Kasie Hildenbrand and Don Biddle to participate in the Town Hall Meeting (Attachment 3). Town Hall Meeting On February 9, 2012, a Town Hall Meeting was held at 6:30 pm in the Regional Meeting Room. Five members of the public attended in addition to the two appointed Councilmembers and Staff. Staff presented the proposed amendments to the Sign Regulations and solicited feedback (Attachment 4). In addition to receiving comments on the proposed amendments, additional comments were provided regarding other aspects of the Sign Regulations chapter. Below is a description of each amendment and the feedback received from the meeting attendees. Matrix A Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is proposed to be amended to include the new Downtown Dublin Zoning District. The Sign Types proposed in the Downtown Dublin Zoning District (DDZD) and the Decisionmaker Authority for those signs (i.e. Community Development Director, Zoning Administrator or Planning Commission) is proposed to be the same as what is currently allowed for the C-2 (General Commercial) Zoning District (see Attachment 5, pages 1-2). Page 2 of 7 Matrix A is also proposed to be amended to remove Open House signs and Window signs from the Sign Type column (see Attachment 5, page 2). Matrix A sets forth those signs which are subject to permits and Open House signs and Window signs are exempt from permits pursuant to Section 8.84.140 (Exempt Signs). Community Feedback None. Temporary Promotional Signs Section 8.84.050.S (Temporary Promotional Signs) is proposed to be amended to limit the number of banner signs that can be displayed at any one time to a maximum of two signs. One banner sign may be displayed on the tenant's building frontage and a second banner sign may be displayed on the street frontage. When a tenant has two street frontages, the tenant may display one banner sign on each street frontage in lieu of displaying a banner sign on the building frontage. However, only one banner sign would be allowed per street frontage and the banner signs must be placed a minimum of 200-feet apart (see Attachment 5, pages 2-4). Community Feedback 1. Staff's proposal to limit the number of banner signs and regulate the spacing between banners was well received. 2. It was noted that, under the proposed amendment, multiple tenants could continue to display banner signs at the same time along a street frontage (alluding to the fact that sign clutter could continue even with the limit of two banner signs per tenant). 3. It was also noted that the amendment does not propose changes to the amount of time that banner signs can be displayed. The current regulation allows for a banner to be displayed for 21 days with a 21 day waiting period between permits. It was suggested that there be an 8 week waiting period between permits. 4. A concern was also raised regarding the quality of temporary promotional signs. It was suggested that there be some type of mechanism in place to ensure that signs are professionally done with certain materials and that hand lettering not be allowed. Seasonal Flags A new sign type is proposed to be added to allow for the display of seasonal flags. Anew definition of Flags -Seasonal would be added to Section 8.84.020 (Definitions) to read as follows (see Attachment 5, page 1): 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. Page 3 of 7 This proposed sign type would not require a permit and would be included in the current exemption for flags in Section 8.84.140 (Exempt Signs) and would read as follows (see Attachment 5, page 4): B. Flags. The flag or insignia of any charitable, educational, philanthropic, civic, professional or religious organization, or seasonal flags. Community Feedback The proposed definition of a Seasonal Flag does not define whether it is limited to specific seasons or holidays or whether it can be used for advertising purposes. It was suggested that seasonal flags be further defined including size, number displayed and method of attachment/display. Automobile Sales Flags A new sign type is proposed to be added regulating the display of flags on light poles at automobile/vehicle sales establishments. This proposed sign type would be allowed subject to approval of a Zoning Clearance in Commercial and Industrial Zoning Districts where automobile/vehicle sales is allowed (see Attachment 5, page 1, Matrix A). The following definition would be added to Section 8.84.020 (Definitions) (see Attachment 5, page 1): O. Flags -AutomobileNehicle Sales. The term Flags -Automobile/ Vehicle 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. This proposed sign type would also be added to Section 8.84.050 (Signs Subject to Permits) and would be required to adhere to the following standards in order to obtain approval of a Zoning Clearance (see Attachment 5, pages 3-4): F. Flags -AutomobileNehicle 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 maybe 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. Page 4 of 7 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. Many of the City's auto dealerships already display flags on light poles; this amendment would provide standards to regulate the display of these flags. Staff worked with the auto dealerships and solicited input on the proposed standards. The auto dealerships were supportive of the proposed amendments and their input was taken into consideration in drafting the standards. Community Feedback The proposed definition is acceptable; however, a commenter felt that the amendment would allow too many flags to be displayed. The purpose and necessity of the flags was also questioned noting that, in neighboring jurisdictions, similar flags are not used by auto dealerships. If allowed, the commenter felt that it would be more appropriate to limit the number of flags to 1 for every 8 light poles and include a provision that would not allow the flags to be clustered in one location on the site. Other Sign Related Comments from the Town Hall Meeting Window Signs It was suggested that the amount of signage area allowed on windows be increased to 30% as it is a good tool for business owners. It was also suggested that consideration be given to opaque window signs which are see-through and non-promotional in nature. A-Frame Signs It was suggested that professionally done A-frame signs be allowed as a temporary promotional sign. Political Signs One resident who attended the meeting expressed concern about political signage. The resident felt that the rules relating to political signage are not applied equally to everyone. She mentioned a sign at the post office that was later moved to the sidewalk after she complained about it. She felt that certain political signs do not come under any ordinances and felt they should. She stated that when she was running for public office she was not allowed to put her signs on public property, but others are permitted to put up offensive political signs. She also felt there was an ordinance that provides that political signs can only be displayed for 30 days before an election. She asked that the City Council look at the ordinance and ensure that it is applied fairly. Staff and the City Attorney have reviewed the issue regarding political signs. Chapter 8.84 of the Zoning Ordinance regulates "temporary political signs." These signs may be placed on private property only, provided that they are "removed within 10 calendar days following the election." (DMC § 8.84.140.) The term "temporary political sign" is defined to mean "a temporary sign identifying a political candidate or ballot measure." The definition, taken in conjunction with the requirement that these signs be removed after "the election", makes it clear Page 5 of 7 that the intent of this definition is to address signs that are related to a particular political campaign (there is no requirement regarding how soon before an election these signs may be posted). Section 8.84.140 also provides that temporary political signs may not be placed in the public right-of-way. However, the sign mentioned at the town hall meeting does not fall within the Municipal Code definition, since it is directed at the President of the United States, but is not related to the President's 2012 campaign for reelection to that office. That is, the sign is directed at the office-holder, rather than his candidacy, and is thus not a "temporary political sign." It is worth noting that City sidewalks area "traditional public forum," meaning that any regulation of expressive activities on sidewalks is subject to scrutiny to ensure that it is consistent with the First Amendment. It may be possible for the City to pursue modifications to the Municipal Code that would, at least in part, address this issue. However, given the significant First Amendment implications of regulating this kind of political speech, any such amendment would have to be carefully researched. Administrative Revisions to Draft Ordinance The draft Ordinance (Attachment 6) includes administrative revisions to ensure internal consistency within the Sign Regulations chapter. Those revisions include removing the word "holidays" from the new definition for seasonal flags; holiday decorations are currently regulated under Exempt Signs and adding them to seasonal flags would create an inconsistency within the Sign Regulations. Another administrative revision includes relocating the sign standards for Open House Signs and Window Signs from the section on Signs Subject to Permits to Exempt Signs to correspond with the changes proposed to Matrix A. CONCLUSION: Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent and relevant to changes occurring in the community. At the October 4, 2011 City Council meeting Staff proposed amendments to various Chapters of the Zoning Ordinance including Chapter 8.84 (Sign Regulations). The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community regarding the proposed amendments to the Sign Regulations. On February 9, 2011 a Town Hall Meeting was held and five members of the public attended in addition to the two appointed Councilmembers and Staff. Staff is asking the City Council to either waive the reading and introduce an Ordinance adopting amendments to Chapter 8.84 (Sign Regulations) in substantially the same form as presented at the October 4, 2011 City Council meeting or provide Staff with direction regarding amendments to the Sign Regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A Public Notice was published in the Valley Times and posted at several locations throughout the City. The Public Notice was also provided to all known Dublin-based sign companies, automobile/vehicle sales dealerships, Town Hall Meeting participants, and all parties who have expressed interest in this topic or requested such notice. The Staff Report for this public hearing was also made available on the City's website. Page 6 of 7 ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found 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 the proposed 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. ATTACHMENTS: 1. October 4, 2011 City Council Staff Report. 2. October 4, 2011 City Council Meeting Minutes. 3. December 20, 2011 City Council Meeting Minutes. 4. Town Hall Meeting Minutes of February 9, 2012. 5. Proposed Zoning Ordinance Amendments in Strikethrough/Underline. 6. Draft Ordinance amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance. Page 7 of 7 G~~~ OF Dp~l f~ ~~`~ 1=710,82 ~~~~~ ~`~1P'OR~~~ DATE: TO: FROM: STAFF REPORT CITY CLERK CITY COUNCIL File #450-30 October 4, 2011 Honorable Mayor and City Councilmembers Joni Pattillo, City Manager SUBJECT: PUBLIC HEARING: Zoning Ordinance Amendments to 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), PLPA-2011-00026. Prepared by Mamie R.' Delgado, Senior Planner EXECUTIVE SUMMARY: The City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations. 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; 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; 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 to Chapter 8.108 (Temporary Use Permit) as it relates to other temporary land uses not specifically defined and deviating from established development standards. FINANCIAL IMPACT: None. 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 8.40 (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. ~~ Submitted By Director of Community Development Reviewed By Assistant City Manager Page 1 of 7 ITEM NO. 6.2 DESCRIPTION: Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent and relevant to changes occurring in the community. Amendments to 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 are proposed and are outlined in further detail below. A strikethrough/underline version of the proposed Zoning Ordinance Amendments is included as Attachment 1. ANALYSIS: Chapter 8.40 (Accessory Structures and Uses Regulations) Section 8.04.060.E (Official Interpretations) of the Zoning Ordinance allows the Community Development Director to make official interpretations of the Zoning Ordinance when the applicability or meaning of any of the requirements of the Zoning Ordinance is unclear generally or as applied to a specific case. On June 10, 2011 the Community Development Director issued an official interpretation regarding Eating and Drinking Establishments as an accessory use to retail sales (Attachment 2). Section 8.04.060.E also requires, when the Community Development Director issues an official interpretation for an unclear provision of the Zoning Ordinance, that the unclear provision be corrected by amending the Zoning Ordinance as soon as practical. Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) is proposed to be amended to add the following regulation (see Attachment 1, page 1): 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. Chapter 8.76 (Off-Street Parking and Loading Regulations) Tenant Space with Multiple Functions The official interpretation issued by the Community Development Director on June 10, 2011 (see Attachment 2) also addressed an unclear provision in Section 8.76.040.M (Tenant Space with Multiple Functions). This section is proposed to be amended as follows (see Attachment 1, page 2): 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 Page 2 of 7 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. Off-Street Parking Table: Indoor Recreational Facilities Section 8.76.080 (Parking Requirements by Use Type) is also proposed to be amended as it relates to parking requirements for "Other" Indoor Recreational Facilities for which a parking requirement is not specifically listed. Currently, a Conditional Use Permit is required to establish a parking requirement for "Other" Indoor Recreational Facilities. The proposed amendment would change the process to a Minor Use Permit (see Attachment 1, page 2) consistent with the regulation of Indoor Recreational Facilities through the Minor Use Permit process and thus streamlining the permitting process. Chapter 8.84 (Sign Regulations) Flags -Seasonal A new sign type is proposed to be added to the Sign Regulations Chapter to allow for the display of seasonal flags. Anew definition of Flags -Seasonal would be added to Section 8.84.020 (Definitions) of the Sign Regulations Chapter to read as follows (see Attachment 1, page 3): 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. This proposed sign type would be included in the current exemption for flags in Section 8.84.140 (Exempt Signs) and would not require a permit (see Attachment 1, page 6), as follows: B. Flags. The flag or insignia of any charitable, educational, philanthropic, civic, professional or religious organization, or seasonal flags. Flags -Automobile/Vehicle Sales A new sign type is proposed to be added to the Sign Regulations Chapter regulating the display of flags on light poles at automobile/vehicle sales establishments. This proposed sign type would be allowed subject to approval of a Zoning Clearance in Commercial and Industrial Zoning Districts where automobile/vehicles sales is permitted (see Attachment 1, page 3). The following definition would be added to Section 8.84.020 (Definitions) of the Sign Regulations Chapter (see Attachment 1, page 3): O. Flags - Automobile/Vehicle Sales. The term Flags -Automobile/ Vehicle Sales shall mean a sign constructed of cloth, canvas or another Page 3 of 7 light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. This proposed sign type would also be added to Section 8.84.050 (Signs Subject to Permits) and would be required to adhere to the following standards in order to obtain approval of a Zoning Clearance (see Attachment 1, pages 5-6): 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 maybe 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. Many of the City's auto dealerships already display flags on light poles; this amendment would provide standards to regulate the display of these flags. Staff worked with the auto dealerships and solicited input on the proposed standards. The auto dealerships were supportive of the proposed amendments and their input was taken into consideration in drafting the standards. Temporary Promotional Signs The regulations pertaining to Section 8.84.050.S (Temporary Promotional Signs) are proposed to be amended to limit the number of signs that can be displayed at any one time to a maximum of two (2) signs. One sign may be displayed on the tenant's building frontage and a second sign may be displayed on the street frontage. In a situation where a tenant has two street frontages, the tenant may display an additional sign along the street frontage in lieu of their building frontage. However, only one (1) sign would be allowed per street frontage, up to two frontages and the signs must be a minimum of 200-feet apart. (See Attachment 1, pages 4-6). Downtown Dublin Zoning District Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is proposed to be amended to include the new Downtown Dublin Zoning District. The sign types Page 4 of 7 allowed in the Downtown Dublin Zoning District (DDZD) and the Decisionmaker authority for those signs (i.e. Community Development Director, Zoning Administrator, and Planning Commission) is the same as what is allowed for the C-2 (General Commercial) Zoning District. (See Attachment 1, pages 3-4). Non-Substantive Changes to the Sign Regulations Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is proposed to be amended to remove Open House signs and Window signs from the matrix (see Attachment 1, pages 3-4). Matrix A sets forth those signs which are subject to permits and Open House signs and Windows signs are exempt signs pursuant to Section 8.84.140 (Exempt Signs). Chapter 8.108 (Temporary Use Permit) The Temporary Use Permit Chapter of the Dublin Zoning Ordinance contains regulations and development standards for a variety of temporary land uses. A temporary land use that meets established development standards and is temporary in nature may be approved for a limited duration of time. The current Temporary Use Permit Chapter was adopted by City Council Ordinance 21-10 in November 2010 (Attachment 3) to provide greater flexibility in the establishment of temporary land uses. Anew category in Section 8.108.020 was created for Similar Uses and reads as follows: 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 is 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. The Similar Uses category requires that the temporary land use adhere to the provisions for the specific use that it is "similar" to including number of events, duration of events and all other development standards and regulations established for the specific use. The Temporary Use Permit Chapter does not address temporary land uses that are not specifically listed and are not similar to a specifically listed temporary land use. The proposed Zoning Ordinance Amendment would create a new "other" category with the following development standards (see Attachment 1, page 7): 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. Page 5 of 7 3. The hours of operation are between: 9 a. m. and 9 p. m. Monday through Friday; 9 a. m. and 11 p. m. Saturday; and 9 a. m. and 6 p. m. Sunday. Event set-up may begin no earlier than 8 a. m. Loudspeakers or amplified music shall be limited to between 10 a. m. and 9 p.m. 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. A temporary land use that meets the above development standards would be processed through a Temporary Use Permit. Another proposed revision to the Temporary Use Permit chapter is to allow for deviations from established development standards through a Minor Use Permit process (see Attachment 1, page 7). Any temporary land use, including temporary land uses within the "other" category, that cannot meet an established development standard may apply for a Minor Use Permit. FINDINGS: The proposed 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. PLANNING COMMISSION MEETING: At the August 23, 2011 Planning Commission meeting, the Planning Commission reviewed the proposed Zoning Ordinance Amendments. During the Public Hearing, four individuals spoke in opposition to the proposed Zoning Ordinance Amendments. They raised concerns regarding the proposed sign regulations, and concerns regarding the Amendments as they related to the Sahara Market appeal (Attachment 4). The Planning Commission received public testimony, deliberated and adopted Resolution 11-23 recommending City Council adoption of amendments to 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 (Attachment 5). CONCLUSION: Staff is recommending that the City Council waive the reading and introduce 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 Zoning Ordinance (Attachment 6). The proposed amendments bring greater clarity and consistency to the existing regulations and address the needs of the community. Page 6 of 7 NOTICING REQUIREMENTS/PUBLIC OUTREACH: A Public Notice was published in the Valley Times and posted at several locations throughout the City. The Public Notice was provided to all persons who have expressed an interest in being notified of meetings and was also provided to all automobile/vehicle dealers, and the individuals that addressed the Planning Commission on this item. The Staff Report for this public hearing was also made available on the City's website. The City has received one comment letter, with attachments, dated September 20, 2011 from a concerned Dublin resident regarding the regulation of signage throughout the City (Attachment 7). ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found 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 the proposed 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. ATTACHMENTS: 1. Proposed Zoning Ordinance Amendments in Strikethrough/Underline. 2. Community Development Director Determination and Interpretation Letter dated June 10, 2011. 3. City Council Ordinance 21-10. 4. Draft Planning Commission meeting minutes dated August 23, 2011. 5. Planning Commission Resolution recommending City Council adoption of amendments to Chapter 8.40, Chapter 8.76, Chapter 8.84 and Chapter 8.108 of the Zoning Ordinance. 6. Ordinance amending Chapter 8.40, Chapter 8.76, Chapter 8.84 and Chapter 8.108 of the Zoning Ordinance. 7. Letter from Bruce Fiedler dated September 21, 2011. Page 7 of 7 Chapter 8.40 Accessory Structures and Uses Regulations 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. 1 of 7 CHAPTER 8.76 OFF-STREET PARKING AND LOADING REGULATIONS 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 Parkina Soacesl. 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. ~ rnn t ~n4 cn~n~ a en T n o lorno ~ er~a~ o ~ rminor! h~i +ho s efe ,-g~ ~P ~ i~cr~~nr of (`nmmi ini~~i flc~ ninon}\ ~n~~ ~ p ,,,,n-«,--~--~~ ~orol i ico ~~in~ a~~ ~ T ~T~on~a irinn on~o ~~eri~~ ~ ni ink of norLinn fn ho nrn~iirlca ~ > > > ~oll h~ # h~~iol of ~ho~ ro~ ~orl~c~nn 7 fnr car~h I Ico T~ir,~ ~ ~ ~s~ihT nniico nrn~iirl exce p~~8 7~n 5~~oln~ni 4rlii ic~mon #n # h~ p "~' `"'``"" Ali imhor of DorLinn Cnonoc _ ""''11 `"'`"' ~ ~ ~ ~c u~~o n o c m o l l ~ o n~ ~ rv» 11 ten o n ~u °~~~e rho r! h~~ ~ urr p fliron~nr of (`nmmi ini~~i flo~iolnnmon~\ nnn~oinc co~iorol i ico ~~inoc +ho omni ink of r~orLinn fn ho nrn~iirlor! fn~on~n# c~n~~hol~~~ T~l~t~j~~ncn~~o~h~y '~~nn S2 7R nS2n fnr +ho nrimoni I Ico T~in~~~pq~ ~onniico nrn~iirlor! h~i ~ "' f~''' ' ~~nn 7 F holn~ni 4rlii ic~mon~ fn Ali imhor~ ppi iiGor! DorLinn Cno~~ fnr +ho on~iro nrncc flnnr oroo of +ho ~onon~ mono Section 8.76.080.D (Commercial Use Types) 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 S-U-P MUP 2of7 CHAPTER 8.84 SIGN REGULATIONS 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 - Automobile/Vehicle Sales shall mean a sign constructed of cloth, canvas or another light fabric with or without a riaid frame intended to be disolaved on a reaular 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. Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is hereby amended as follows: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District R-1 R-2 DDZD M-P M-1 ' Sign Type A R-M C-N C-O C-1 C-2 M-2 Awning ~ 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 Electronic Readerboard X X CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP ~ CUP (PC) Flags- Automobile/ X X ZC ZC ZC ZC ZC ZC Vehicle Sales Freestanding 20' or Less in Height ~ 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 3 of 7 Master Sign Program SDR (ZA) X SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR ~ SDR (ZA) 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 ~ X ZC ZC ZC ZC ZC ZC DD°r~ ~~// Y[ ~~// Y[ ~~// Y[ ~~// Y[ ~~// Y[ Permanent Banner Sign X X X X MSP/ SDR MSP/ SDR MSP/ SDR MSP/ SDR Projecting Sign ~ 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 X X ~ ~ ~ ~ ~ Section 8.84.040.6 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended as follows: Sign Type Maximum Maximum Maximum Location Copy Additional Section Number Height Area per Requirements Restrictions Regulations No. of Signs Side in Sq. Ft. Flags _ See See See Section See Section See Section See Section Automobile/ Section Section 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F Vehicle 8.84.050. F 8.84.050. F Sales Tem ora ~2r Per D°Y Onl on site on Per Zonin Maximum of p ry rg y g Promotional Zsn+n Zonin ~'°~ which Clearance 21 g g . Section ~'°~ Clearance. Banner business is consecutive 4of7 8.84.050.T Two 2 . signs shall located and calendar days One (1) on not be larger shall not be per permit; 21 a tenant than 60 located so that consecutive buildin square feet. the sign is calendar day frontage higher than the waiting period and one eave of the between 1 on the structure in permits. street which the frontage business is or two 2 located. on street frontages if more than one street frontage and signs Temporary are at Banners for least 200- Temporary Apartment Temporary feet apart. Banner for Communities Promotional Apartment shall be Banner for One (1) Communities allowed a Apartment which shall maximum of Section not exceed 90 days per 8.84.050.T 12 square calendar year feet. in any time configuration desired. Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: F. Flaas - Automobile/Vehicles Sales. Automobile/Vehicle Sales Flaas are permitted in those Zoning Districts where Automobile/Vehicle Sales are permitted subject to aooroval of a Zonina Clearance. Automobile/Vehicle Sales Flaas are subject to the following: 1. Automobile/Vehicle Sales Flaas shall be located on the site where the business being advertised is conducted. 2. The location of Automobile/Vehicle Sales Flaps 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 Flaps 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 Flaps shall be limited to a maximum of 20 square feet and may be single sided or double sided. 5. Automobile/Vehicle Sales Flaps 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. 5 of 7 6. Automobile/Vehicle Sales Flaps shall be maintained in good condition at all times. Any flap 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. 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 temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.6 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 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. 6of7 CHAPTER 8.108 TEMPORARY USE PERMITS 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 temoorarv in nature and would not exceed 30 calendar d 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. 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 temoorarv land use contained in Section 8.108.020. 7of7 CITY OF DUBLIN 100 Civic Plaza, Dublin, California 94568 Website: http:f/www•dublin.ca.gov June 10, 2011 Moe Yousofi & Solaiman Safi Sahara Market 6783 Dublin Boulevard Dublin, CA 94568 Brad Sanders 6787 Dublin Boulevard Dublin, CA 94568 Re: Community Development Director Determination regarding Section 8.76.040.M.2 (Small Tenant Space) and Interpretation regarding Section 8.40.030.G.6 as they retate to the proposed Sahara Market Expansion at 6783!6777 Dublin Boulevard Dear Mr, Yousofi, Mr, Safi and Mr. Sanders: In accordance with the provisions of the Dublin Zoning Ordinance the following determination and interpretation have been made regarding the proposed expansion of Sahara Market; Background Sahara Market is located at 6783 Dublin Boulevard within a portion of the Dublin City Center commercial center, Sahara Market is a retail store that sells groceries and is consistent with the definition for the "Retail- General"Use Type, In accordance with Section 8,76,080 (Parking Requirements by Use Type), a "Retai!-General" Use Type requires 1 parking space far every 300 square feet of gross floor area. Sahara Market occupies a 3,317 square foot tenant space and requires 11 parking spaces. Proposed Expansion Sahara Market is proposing to expand their existing market by 2,400 square feet by adding a new office, enlarging the existing food preparation area, adding a check out counter and establishing a new seating area where customers can purchase prepared food for on-site consumption, similar to an "Eating and Drinking Establishment° Use Type. !n accordance with Section 8,76,080 (Parking Requirements by Use Type), an "Eating and Drinking Establishment" Use Type requires 1 parking space for every 100 square feet of floor area accessible to customers and 1 parking space for every 300 square feet of floor area not accessible to customers, The Sahara Market expansion is 2,400 square feet and would require 21 parking spaces. Tenanf Spaces with Multiple Functions The proposed expansion of Sahara Market includes two Use Types, "Retail-General" and "Eating and Drinking Establishments, Section 8.76,040,M (Tenant Space with Multiple Functions} sets forth how parking is determined for a tenant space with multiple functions• A Large Tenant Space is required to be parked for each Area Code (925) • Cily Manager 833-6650 -City Council, 833-6650 • Personnel 833-6605 • Economic DeveEopment 833-6650 Finance 833-6640 • Public WorkslEngineering 833-6630 • Parks & Community Services 833-6645 • Police 833-6670 PlanninglCode Enforcement 833-6610 • Building inspec#ion 833-6620 -Fire Preven#ion Bureau 833-6606 Use Type whereas a Small Tenant Space is parked for the primary Use Type only. The Director of Community Development has the authority to determine whether a tenant space with multiple functions is a Large Tenant Space ar a Small Tenant Space, Chapter 8.76 does not provide a lok of guidance in distinguishing between a Large Tenant Space and a Small Tenant Space; therefore, Chapter 8.40 (Accessory Uses and Structures) was consulted. Section 8.40A30,G (Permitted Commercial and Industrial Accessory Uses} identifies retail sales as an accessory use to wholesale sales in Industrial Zoning Districts when the retail sales space is 10% or less of the entire wholesale sales space, Interpretafion of an Accessory Use While Sahara Market is not a wholesale sales business and is not located in an Industrial Zoning District, Section 8.40-A30.G,6 provides guidance regarding the size or intensity of accessory uses in similar situations. The Sahara Market expansion is a similar situation in that it is a retail market that would like to establish an accessory use (a restaurant) which is more intense Phan the primary use (retail market}, Therefore, the Community Development Direckor interpreks that an accessory use to the Sahara Market may be up to 10% of the total tenant space. Determination as Smalf Tenanf Space The Community Development Director has determined that the expanded Sahara Market is a Small Tenant Space, in accordance with Section 8.76.040.M, and shall be parked as a "Retail-General" Use Type at 1 parking space for every 300 square feet of the gross floor area The seating area and combined food preparation areas are an accessory use and the area of such uses shat[ not exceed 10% of the total square footage of the entire tenant space. The total square footage of the entire tenant space is 5,517 square feet; a maximum of 10% of the tenant space, 552 square feet, may therefore be utilized for food preparation and customer seating as an accessory use to the retail market. As such, fhe entire tenant space would be parked at 1 parking space for every 300 square feet of building area and would require 18 parking spaces. If you have any questions please do not hesitate to contact me at (925J 833.6610. Very Truly Yours, Jeri am, AICP Community Development Direckor Cc: Jeff Baker, Planning Manager Marnie R. Waffle, Senior Planner Moe Yousofi, Sahara Market myousafi(a~oimail.com Salaiman Safi, Sahara Market safisall2(a~yahoo.com Brad Sanders, farsandl a~7~gmail.com Area Code {925) • City Manager 833-66x0 • City Couneil 833-665D • Personnel 833-6605 • Economic Development 833-6650 Finance 833-6640 • Public Works/Engineering 833-6630 • Parks & Community Services 833-6645 • Police 833-6670 PianninglCode Enforcement 833-6610 • Building Inspection 833-6620 • Fire Prevention Bureau 833-6606 ORDINANCE NO. 21 - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***~***,~***x* AMENDING CHAPTER 8.10Et (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 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 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 i:o section 8.120.050.6 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 k~uilding 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: Ord. No. 21-10, Adopted 11/2110, Item 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 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 rootage 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 terporary tents shall be subject to review and approval by the Planning Division, E3uilding 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. Automobile/Vehicle Storage Lots. An Automobile/Vehicle 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, fora 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 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 an address, a parcel, or <~ 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 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 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 cone-year period, subject to standards established by the 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 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 praperty, and may not be located in the public right-of-w<~y. c) Container must be located on a paved surface. d) Container may be located in the rear yard. e} No more than ore container per residential parcel is permitted. f} Construction-Related Temporary Storage Containers shall be subject to standards established by the 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 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 certifiE~d 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. E=ach individual Festival, Neighborhood/Place of Worship/School Festival, and Street Fair of anot-fer-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 lase 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 merchandise, 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 are 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 days between Temporary ltse Permits is required. Each outdoor Sales event by an established business shall be subject to standards established by the Director of Community Development. R'ev. ®rd. 20-06 (November 2006). Parking lot sales shall not utilize more than 10% of the required parking for the business. M. Outdoor Skating Runk. 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. Ord. No 21-10, Adopted 11/2_/10, Item 4 2 Page 4 of 7 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 determinatian 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 ire 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 E-nvironmental 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 Conntainer 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 conditia~~s a. Container must be located on private property, and may not be 6ocated 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. 2. Construction-Related Temporary Storage Containers shall be subject to standards established by the Director of Community Development. R. Temporary Mobile HomefManufactured 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 k>y the Director of Community Development. Ord. No. 21-10. Adopted 11/2/10, Item 4.2 Page sJ of ~ 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 tc 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 evert 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, l=ees 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 i~irecto3 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. Ord. No. 21-10, Adopted 11/2!10.. Item 42 Wage 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 J ~~ Mayor ATTEST: City Clerk Ord. No. 21-10, Adopted 11/2/10, Item 4.2 Page 7 of 7 DRAFT Planning Commission Minutes Tuesday, August 23, 2011 CALL TO ORDER/ROLL CALL DRAFT A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August 23, 2011, in the City Council Chambers located at 100 Civic Plaza. Chair Brown called the meeting to order at 7:01:32 PM Present: Chair Brown; Vice Chair Wehrenberg; Commissioners O'Keefe and Bhuthimethee; Jeff Baker, Planning Manager; Kit Faubion, City Attorney; Marnie Waffle, Senior Planner; and Taryn Bozzo, Recording Secretary. Absent: Commissioner Schaub ADDITIONS OR REVISIONS TO THE AGENDA -NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Vice Chair Wehrenberg, seconded by Cm. Bhuthimethee the minutes of the August 9, 2011 meeting were approved. ORAL COMMUNICATIONS -NONE CONSENT CALENDAR -NONE WRITTEN COMMUNICATIONS -NONE PUBLIC HEARINGS - 8.1 PLPA-2011-00026 Zoning Ordinance Amendments to 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) Marnie Waffle, Senior Planner presented the project as outlined in the Staff Report. Jeff Baker, Planning Manager stated that there is supplemental information for the Planning Commission in the form of an SB 343 sheet with an email from Brad Sanders, a property owner in Dublin. He stated that Mr. Sanders provided more information on the dais in the form of Exhibits to his email for each Commissioner to view. Vice Chair Wehrenberg asked if Staff has experienced issues with seasonal flags. Ms. Waffle stated that there have not been issues; however, Staff has experienced an increase in requests from various shopping centers to display such signage. She stated that the City does not currently have any provisions that would allow seasonal flags. Vice Chair Wehrenberg asked if Staff included a display timeframe in the regulations, as far as how long the seasonal flags may be displayed. Manning Commission August 23, 2011 1~reguCar SKeeting 106 DRAFT DRAFT Mr. Baker replied that no specific timeframe was included as the flags are intended to be seasonal in nature and/or reflect the holidays. Vice Chair Wehrenberg stated that she would like to consider including a display timeframe as flags for certain seasons may be displayed prematurely. Vice Chair Wehrenberg asked if window film with graphics needs to be addressed in the amendment to Chapter 8.84, Sign Regulations as it is becoming more popular with businesses. Mr. Baker clarified that the Regulations currently allow 25% window coverage. He stated that City Council reviewed what the City currently provides for window coverage regulations in June, 2011 and did not make any modifications to the current policy. Chair Brown confirmed that Vice Chair Wehrenberg wants to consider having a specific display timeframe for seasonal flags. Cm. Bhuthimethee asked if the City is regulating the colors of signage, like day-glow or neon colors, specifically for window coverings. Ms. Waffle replied no. Cm. O'Keefe asked, in regards to amending Chapter 8.40, if there was a discussion regarding what percentage of an existing food preparation area would be allocated towards a new use if a grocery market wanted to expand and include a seating area. Ms. Waffle replied that the proposed amendment does not distinguish between new or existing food preparation areas and includes seating and food preparation areas as a whole. Mr. Baker confirmed that Staff has not distinguished between existing and new food preparation areas. He stated that restaurants typically have both seating and food preparation areas and the intent of the Regulation is to assist in determining parking requirements. Mr. Baker clarified that if the seating and food preparation areas, combined, occupy less than 10% of the entire tenant space, it would be considered an Accessory Use and not require additional parking; however, if it occupies more than 10% of the entire tenant space, then the seating area requires Restaurant use parking at 1 per 100 square feet of seating area, and the food preparation area requires Retail use parking at 1 per 300 square feet. Chair Brown confirmed with Ms. Waffle that Temporary Promotional Signs are currently allowed to be displayed for 21 days then have to be removed for 21 days. Chair Brown asked if Staff regulates the content of the temporary signs displayed. Mr. Baker replied no. He clarified that, currently, the Regulations do not restrict the number of temporary signs a business can have and the intent of the proposed amendment is to limit the number of temporary signs a business is allowed to display at one time. Vice Chair Wehrenberg asked if Temporary Promotional Sign applicants have to submit an example of the signage they are displaying when applying for a permit, specifically referring to the colors they are using. Manning Commission August 23, 2011 1~reguCar SKeeting 107 DRAFT DRAFT Mr. Baker replied that the City does not currently regulate content in colors, specifically. He clarified that the seasonal flags, as it's currently proposed, would not require a permit as long as the standards are met. He further clarified that window signs do not currently require a permit. Chair Brown opened the public hearing. Bruce Fiedler, Dublin resident, spoke in opposition of the Zoning Ordinance Amendments. Mr. Fiedler presented materials for the Commission's review such as the minutes from the 1999 Vehicle Dealership Signage Committee meeting; photos of businesses that had what they consider to be extensive and/or day-glow window signs; a chart that lists the effects he believes the Amendments would have if adopted; and a 16 square-foot item to show the approximate maximum size of Temporary Promotional Sign. Mr. Fiedler stated that, in regards to flags being allowed for Automobile/Vehicle Sales, he feels there are several other businesses within the City that may want the same option. Kit Faubion, City Attorney, briefly described the handout given to the Planning Commission by Mr. Fiedler, stating that the handout appears to have a number of questions that Mr. Fiedler intends to raise regarding signage; a tally of light posts, plus or minus a few, in the Dublin Automotive Sales locations; comments on the results of the proposed Ordinance amendments; and Dublin Non-Auto Sales Businesses which might want more signs. Mr. Fiedler stated that he feels the City of Dublin will do well to have appropriate regulations of what sometimes appears to be commercial graffiti. He further stated that, regarding Automotive Sales, a local Mercedes Benz dealership does not post any flags for advertisement and still remains successful in their sales. The Commission reviewed the materials and had no questions. Jay Fink, Sahara Market, stated that he feels the proposed Amendments should be deferred until Sahara Market's appeal is settled. He stated that he believes the proposed Amendments were initiated because of the June 10, 2011 determination letter by the Community Development Director which is currently on appeal. He further stated that if the Amendments are adopted, he feels the Commission would not have the benefit of hearing the appeal arguments as new Regulations would be in effect and he would then have to argue the new Regulations which is unfair. Mr. Fink read a prepared statement indicating the proposed Amendments would create more confusion and less consistency. He stated that the Eating and Drinking Establishments should not include the food preparation area as it would be difficult to determine what a food preparation area is, specifically for grocery markets. He further stated that he feels 10% for an Accessory Use is restrictive and he has found that most cities allow at least 25% for an Accessory Use. Vice Chair Wehrenberg clarified that when Sahara Market asked for a continuance at the August 9, 2011 Planning Commission meeting, they risked these Amendments being adopted before their appeal was settled. Manning Commission August 23, 2011 1~reguCar SKeeting 10 g DRAFT DRAFT Moe Yousofi, Sahara Market, spoke in opposition to the Zoning Ordinance Amendments. Mr. Yousofi agreed with Mr. Fink, stating that the proposed Amendments should be deferred until Sahara Market's appeal is settled. He stated that if the Amendments are adopted, he feels the food preparation area should be omitted from the requirements. The Commission had no questions. Brad Sanders, landlord for Sahara Market, spoke in opposition to the Zoning Ordinance Amendments. Mr. Sanders agreed that the proposed Amendments should be deferred until Sahara Market's appeal is settled. He stated that he and the City have agreed to try and work out the issues regarding the appeal but is upset that he was not notified about the hearing regarding the Amendments. He further stated that the Amendments were initiated by Sahara Market's determination letter which had no initial findings, no analysis and no justifications. Mr. Sanders stated that the 10% requirement for seating and food preparation areas has no basis of findings. He stated that if the Amendments are adopted, he feels the food preparation area should be omitted from the requirements. The Commission had no questions. Chair Brown closed the public hearing. Cm. Bhuthimethee asked, regarding amending Chapter 8.84, if colors for signs would be regulated and why Staff has not included such regulations. Mr. Baker stated that the City does not currently regulate colors of signs because of certain First Amendment issues related to the content of signs. He further stated that the Ordinance does discourage the use of white acrylic panel because of discoloration over time. Cm. Bhuthimethee asked if the Ordinance could discourage the use of day-glow or neon colors. Ms. Faubion stated that regulating content and colors of signs can initiate issues with a business's trademark and the City cannot regulate trademarks. She stated that regulating content and colors of signs would be difficult to navigate without running into First Amendment Rights. She further stated that she believes discouraging the white acrylic panel is a glare issue. Cm. Bhuthimethee stated that some would argue that day-glow or neon colors would cause a glare issue as well. Ms. Waffle clarified that the discouragement of the white acrylic panel refers to background color for signage and is only discouraged when a sign is illuminated. Vice Chair Wehrenberg stated that, in response to Mr. Fiedler, the City of Dublin adopted the Master Sign Program to answer most of his larger questions. She stated that she feels it is a good thing to include the restrictions being proposed. Vice Chair Wehrenberg confirmed with Mr. Baker that LCD/LED electronic signs are currently restricted and only allowed by applying for a Conditional Use Permit. Mr. Baker confirmed that Manning Commission August 23, 2011 1~reguCar SKeeting 109 DRAFT DRAFT Staff is not currently proposing any amendments to the regulations regarding LCD/LED electronic signs. Vice Chair Wehrenberg stated that she takes no issue with the Amendments, except wanting to have a display timeline for seasonal flags. She clarified that she would look to Staff for direction on implementing such a timeline. Vice Chair Wehrenberg stated that, regarding the food preparation area, a restaurant is a type of use and the food preparation area would be shown on plans in the planning stages; therefore, it should be included in the Regulations. She stated that some of the documentation provided by Mr. Sanders did not seem applicable based on the particular City's rules and the project being referred to. She further stated that she feels there is more discussion that needs to be had between Staff and the Applicant to ensure that the Applicant understands the process required to try and work out issues. Cm. O'Keefe agreed that more discussion needs to be had between Sahara Market and Staff. He asked if Staff could clarify regarding Mr. Sanders not being notified about the hearing regarding the Amendments being proposed. Mr. Baker replied that Mr. Sanders was made aware of the hearing during negotiations that occurred before the August 9, 2011 Planning Commission meeting. He stated that the City's ultimate goal is to have Sahara Market open as soon as possible, however, their opening is being held up by issues that the Property Owner has with the use of his property and how parking is determined. He clarified that the City is trying to find a global solution that would resolve the Property Owner's issues and allow Sahara Market to open quickly. Mr. Baker clarified that the proposed Amendments are part of that solution and the City is working to streamline the process as much as possible. He stated that this solution and the proposed Amendments and current Planning Commission meeting were discussed and agreed to with Mr. Sanders. Cm. O'Keefe asked why Staff did not provide more clarification in the proposed Amendments regarding existing food preparation areas versus new food preparation areas. Mr. Baker replied that the City is trying to create a standard to address parking for a tenant space that contains more than one use. He stated that a business expanding to include a restaurant requires seating and food preparation; therefore, more parking is needed to accommodate the increased demand. Mr. Baker reiterated that if an Accessory Use has less than 10% occupancy of seating and food preparation area, the parking would not be affected; however, if that use is more than 10%, it would not be considered an Accessory Use and the seating area would require 1 parking space per 100 square feet, similar to a Restaurant, and the food preparation area would require 1 parking space per 300 square feet, similar to Retail. Cm. O'Keefe stated that he understands an Eating and Drinking Establishment increasing the intensity use and, therefore, requiring more parking. Cm. Bhuthimethee stated that she feels there are some establishments where food preparation areas should be included in the 10% Accessory Use requirement, such as a hardware store adding a restaurant component; however, it should be different for a use such as a grocery store Manning Commission August 23, 2011 1~reguCar SKeeting 110 DRAFT DRAFT which would have food preparation areas but no seating. She stated that she does not feel food preparation areas should be included in the 10%. Cm. O'Keefe stated that he does not feel food preparation areas should be excluded completely as sometimes the food preparation area already exists. Vice Chair Wehrenberg stated that a food preparation area is an element that every restaurant has, therefore it needs to be included. She stated that she feels it would add more confusion in the future if it was not included. She clarified that the component of a use changes when seating is added. She stated that once a seating area is added, the parking ratio gets adjusted because you are allowing for more customers. Chair Brown stated that he finds the Amendments to bring more clarity and consistency to the existing Regulations. He stated that he feels it addresses the needs of the community and would like to see Sahara Market open quickly and prove successful. He further stated that he believes the Amendments help to promote and satisfy the ultimate solution for Sahara Market as well as provide solutions for future businesses. Chair Brown stated that he did not feel any changes needed to be made to the Amendments aside from Vice Chair Wehrenberg's request for a display timeline for seasonal flags Mr. Baker stated that, as proposed, seasonal flags would be exempt from permitting. He stated that if the Commission wished to regulate a display timeframe, Staff would recommend that the seasonal flags be subject to something similar of a Temporary Promotional Sign permit to ensure that Staff is aware of the display and how long it is displayed. Vice Chair Wehrenberg stated that she does not wish to make the process more difficult for businesses and is willing to strike the request for a display timeline. Chair Brown concurred with Vice Chair Wehrenberg. On a motion by Vice Chair Wehrenberg and seconded by Cm. O'Keefe, on a vote of 4-0-1, with Cm. Schaub being absent, the Planning Commission unanimously adopted RESOLUTION NO. 11-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO 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 Manning Commission August 23, 2011 1~reguCar SKeeting 111 DRAFT DRAFT 8.2 PLPA-2011-00020, All American Label Site Development Review fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court Jeff Baker, Planning Manager, presented the project as outlined in the Staff Report. Vice Chair Wehrenberg asked what the storage area is being used for and if there is any risk that may require it to be reviewed by the Fire Department. Mr. Baker replied that he feels the Applicant may be better suited to address that question. He stated that Court Order currently states that the storage area is not to be used while litigation is ongoing. Cm. O'Keefe asked if there are any sites in the Industrial (M-1) zoning area that currently exceed the Floor Area Ratio (FAR). Mr. Baker replied yes, stating that many of the buildings on Sierra Court were built before the City was incorporated or before the 1992 General Plan Amendment which established the minimum and maximum FAR. He stated that there are potentially buildings that exceed the maximum 40% FAR and they are considered Legal, Non-Conforming. Cm. O'Keefe asked what the current day, negative impacts would be of existing buildings exceeding the 40% FAR. Mr. Baker replied that those buildings would allow for greater density and intensity of use than what is envisioned by the Community. Chair Brown opened the public hearing. Guy Houston, representing All American Label, spoke in favor of the Applicant. He stated that the issue regarding Emergency Vehicle Access (EVA) has been addressed and a plan for access has been submitted. He further stated that the Applicant considers this issue closed. Mr. Houston stated that the Applicant's request is not in violation of the General Plan. He stated that the 1985 General Plan did not mandate a 40% FAR and was descriptive but not mandatory in nature. He further stated that the General Plan policy in 1992 remained unchanged, stating that, "the changes do not affect the policy direction of the Plan and remains as in 1985." Mr. Houston stated that the intent of the City Council in 1992 was clear and no changes in the descriptive nature were made, therefore the 40% FAR is not mandatory. Mr. Houston stated there are currently 17 buildings on Sierra Court that exceed the 40% FAR. He stated that Legal, Non-Conforming use affects a building's use, property values, saleability, and financing capabilities. The Commission had no questions. Brad Brown, Applicant, stated that the storage space would be used solely for storage and would not be used to store machinery of any kind. He stated that the only way to increase his business and continue as a viable manufacturer is to have the extra storage space, exceeding Manning Commission August 23, 2011 1~reguCar SKeeting 112 DRAFT DRAFT the current FAR. He stated that he wishes to keep his business located in Dublin and will do what he needs to work successfully with Staff. Vice Chair Wehrenberg asked Mr. Brown if he was the original applicant for the unenclosed storage area SDR/CUP in 2008. Mr. Brown replied yes. Vice Chair Wehrenberg asked why the storage area was not built as approved by the Planning Commission in November, 2008. Mr. Brown replied that it was a bad decision to move forward with an enclosed storage area. He stated that his business cannot survive without the current storage area and additional FAR. Jeff Main, owner of 6955 Sierra Court, spoke in support of the Applicant. Mr. Main stated that his building exceeds the FAR because it was established 31 years ago and he could not be successful without the extra space. He stated that All American Label provides business and money for the City and as long as the storage area is built correctly and safely, it should be able to remain as-is. The Commission had no questions. Steve Popelar, Dublin resident and owner of 6700 Sierra Lane, spoke in favor of the Applicant. Mr. Popelar stated that All American Label is vital for the success of his own company, Label Concepts. He stated that without All American Label, businesses will suffer and the effect on other Dublin businesses is something the Commission should consider. The Commission had no questions. Chair Brown closed the public hearing. Cm. O'Keefe asked how many times the issue of exceeding FAR has come before the Planning Commission. Vice Chair Wehrenberg stated that the Commission has seen the issue in the past but it usually addresses housing developments, such as a resident wanting to add a canopy or shade structure. Mr. Baker stated that it is not unheard of for someone to want to expand their building but find that they cannot exceed the FAR; however it is not typically in a situation such as All American Label's. Chair Brown opened the public hearing. Mr. Houston agreed that it is unlikely for someone to build something and then come back for approval; however, in East Dublin the FAR requirement was changed to 50% which caused the lower FAR, such as in Industrial (M-1) zoning districts, to be inadequate. Chair Brown closed the public hearing. Manning Commission August 23, 2011 1~reguCar SKeeting 113 DRAFT DRAFT Cm. O'Keefe stated that he understand the spirit of the original General Plan and agrees that there has to be regulation for FAR; however, manufacturing is very different today than it was in 1985 and 1992, and there are existing buildings exceeding the 40% FAR. He stated that the Applicant is not proposing to be the largest exceeder of FAR and the storage area they have built will allow them to be more competitive in their industry. Mr. Baker clarified that the question before the Commission is do they find the project to be consistent with the General Plan, do they agree that the General Plan has a maximum FAR and does the project exceed the standard that is in the General Plan. Cm. O'Keefe stated that the General Plan is descriptive in stating that the 40% FAR is not mandatory, therefore he finds that the Commission could find the project to be consistent with the General Plan. Vice Chair Wehrenberg asked if a decision in the pending lawsuit would overrule any determination made by the Commission. She asked why there is a difference in FAR between East and West Dublin. Ms. Faubion stated that the pending lawsuit is based on the Code Enforcement issue which is separate from the General Plan conformance determination being considered by the Commission. Mr. Baker clarified that that the maximum FAR for Industrial zoning districts in East Dublin is 35%. He further clarified that although the Applicant has submitted plans regarding the Emergency Vehicle Access, they have yet to be reviewed and approved by Staff. Cm. Bhuthimethee stated that she is in support of many businesses on Sierra Court and appreciates the comments regarding the FAR. She stated that the City has a General Plan that creates general regulations for a reason. She further stated that if those plans and regulations are not followed, bad consequences can arise. Cm. Bhuthimethee agreed with Staff's recommendations. Chair Brown stated that existing businesses are very valuable and the City encourages them to grow; however, they are still required to adhere to the law which, in this case, states that the maximum FAR is 40%. He stated that he agrees that the maximum FAR of 40% may not be high enough; however, that can be considered for amendment at another time. Ms. Faubion clarified the language of mandatory versus descriptive, stating that the General Plan statute does require that there be standards of building intensity and the General Plan was required to have those standards in 1992 with language that is similar to the language that exists today. She stated that to prevent concerns regarding the General Plan, the Commission would want to recognize that building intensity is a mandatory element and it is present in the General Plan. Cm. O'Keefe stated that regardless, buildings exceeding 40% FAR still exist. Cm. Bhuthimethee replied that those buildings were grandfathered in because they were established before the 40% maximum FAR was implemented. Manning Commission August 23, 2011 1~reguCar SKeeting 1 14 DRAFT DRAFT Vice Chair Wehrenberg agreed with Cm. Bhuthimethee stating that unless those businesses exceeding 40% FAR come to the City needing a revision to their area, then the current maximum would be considered when reviewing the project. Mr. Baker clarified that the City does currently require a General Plan Amendment for any business that wants to exceed the 40% FAR. Vice Chair Wehrenberg agreed with Cm. Bhuthimethee in regards to the General Plan being put into place for a reason. She believes the General Plan is sufficient in its description and clarified that there is a process in place to amend the FAR if needed. On a motion by Cm. Bhuthimethee and seconded by Vice Chair Wehrenberg, on a vote of 3-1-1, with Cm. Schaub being absent, the Planning Commission adopted: RESOLUTION NO. 11- 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING SITE DEVELOPMENT REVIEW FORA 4,456 SQUARE FOOT ADDITION TO AN EXISTING 23,994 SQUARE FOOT BUILDING AT 6958 SIERRA COURT PLPA 2011-00020 (APN 941-2576-006) Mr. Baker reminded the Applicant that there is a ten-day appeal period. NEW OR UNFINISHED BUSINESS - Mr. Baker advised the Commission that a new Assistant Planner, Seth Adams, was hired and will start on Monday, August 29, 2011. Mr. Baker confirmed with the Commission that there are currently no agenda items for the September 13, 2011 meeting so the next Planning Commission meeting is scheduled for September 27, 2011. OTHER BUSINESS -NONE 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). Manning Commission August 23, 2011 1~reguCar SKeeting 1 1$ DRAFT DRAFT ADJOURNMENT -The meeting was adjourned at 8:50:02 PM p.m. Respectfully submitted, Alan Brown Chair Planning Commission ATTEST: Jeff Baker Planning Manager G:IMINUTES120111PLANNING COMMISSION108.23.11 DRAFT PC Minutes.doc Manning Commission August 23, 2011 1~reguCar SKeeting 116 RESOLUTION NO. 11-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO 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 California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found 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 the proposed 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; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and 1 of 2 WHEREAS, the Planning Commission held a public hearing on said application on August 23, 2011; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission, for the reasons discussed in the staff report and based on the findings in the attached draft Ordinance, recommends that the City Council adopt the Ordinance attached as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 23rd day of August 2011 by the following vote: AYES: Brown, Wehrenberg, Bhuthimethee, O'Keefe NOES: ABSENT: Schaub ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11PC Reso.doc 2of2 ORDINANCE 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, 2011 and 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 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. incidental to retail sales in Commercial Drinking Establishment, including food 10% or less of the entire tenant space. An Eating and Drinking Establishment Zoning Districts where the Eating and preparation areas and seating areas, is 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. 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 - Automobile/Vehicle Sales. The term Flags - Automobile/Vehicle 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 ~ 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 ~ 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 (ZA) X SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) 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 ~ X ZC ZC ZC ZC ZC ZC Permanent Banner Sign X X X X MSP/ SDR MSP/ SDR MSP/ SDR MSP/ SDR Projecting Sign ~ 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: 4of8 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 fora 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 6of8 temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.6 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. 7of8 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 ~~tie~ 1=~iwpi.i=i~ September 2Q, 2U11 BubNn City Gauncil Une Civic Center Lublin, CA 8456$ Dear Mayor 8bwanti and Council Members; ~• ~~~~ ~~ ~~ ~~ ~ ~ ~ ~~~~ ~~~ More #han a dozen years ago, City staff ooordlnafed the work o€ a community taskforce looking Into ways to improve the appearance and reputation of laubiin (then sometimes referred to as the "mat#rass and muffler center" of the Valley} by reviewing and revising the sign ordinance, At that time strings of pennants, large or molt{pie balloons, and roof-mounted (3odxillas yore prahibitod, and non-conforrn{ng signs artd those w{th vielblo supports became subject to summary removal. The review was not really comprehensive, buk Mayor Houston indicated that if there vsrere future problems, this item could be rovisited. But in the interim it became the practice to enforce these parts of our loam laws only if there was a eamplaint. And many businesses which had received approval for their sign programs added nan- canfarnting signage, often lnthe form of window paint and paper pr fabric banners. The result of these practices seems to have been a return to the ca~ival atmosphere that caused Lublin to be considered to be a second class city. And each and every week, I see that homes M Dublin are valued at $1 Di),Oi]0 to ~15D,OOD less than similar houses just across the road in pieasanton (see tho week's horns sales numbers in iha Valley Timesy< I have lived here for 2S years. 1 believe that i]ublin is equal ar superior to our neighbors in many ways. eut that is net necessarily the public parGaption as re#iectgtf in hom8 prise and desfrabiitty of our Carnmunity. 1 believe that part of that perception derives from the lack of adequato regulation of signs placed an fences, light poles, and store windows and wails. After 1 sent same plc#ures to you demonstrating the ex#ent of the problem, thero was some increased enforcement relating to temporary sales promotion banners. But the elephant in the room, years-tong vlofations of multiple signs on light posts at some businesses, was net addressed. Then, I learned that the Planning Commission was #o consider same changes. When I went to the meeting,l discovered that auto dealers had previously been invited to give their blessing to a proposal which would make their ilfegai signs legal. This looks like legJslatian wr{t#en by and far one special interest. And it would enshrine permission for about 184 additional signs as big as the front door to your home afi throughout the city. I do behave that it is important for the public to bs able to find a local business, especially during the first months in a location, In the case of local auto dealers, some have been in place foryears and have thirty or forty foot tail signs by the freeway and extensive lighted signage on large buildings set within acres of merchandise displayed outdoors. I'eaple know it is an auto dealership; no one can confuse itwlth a dental office or drug store. And in regard to the pa#ent{a{ 184 signs nn au#door light poles, one needs to already be at that dealersh{p to read ail those adds#ianal signs. I have enc{osed copies of several past letters to your Council and to the Planning Commission, And I believe you should postpone action an the lates# recommendations of the planning staff pending a more complete review of why publin has sign raguiatlons and who we seek #a accomplish by having such regula#ion In the first place. The taskforce that met in the past d€d gaud work. f3ut the world has changed ovor the past decade and this issue should be revisited with an syo to the needs of all varieties of businesses, the effect on hams values throughout the comrnunlty, and the perception of !]ublin in the view of the wider public. I would be pleased to meet with you or your staff regarding this issue and am available to particlpafe again on a taskfarce representing the whale spectrum interests In the community. 5inceref , ~L Mayor Sbranti called the meeting to order at 9:03 PM Zoning Ordinance Amendments to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 Si n Re ufations and Cha ter 8.108 Tem ora Use Permit PLPA-2011-00026 9:03:41 PM 6.2 {450-30} Mayor Sbranti opened the public hearing. Marnie Delgado, Senior Planner, presented the Staff Report and advised that the City was initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations. 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; to Chapter 8.76 (Off-S#reet Parking and Loading Regulations) as it relates to tenant spaces with multiple functions and parking requirements for other Indoor Recreational Facilities not specifically fisted in Section 8.76.0$O.D; to Chapter 8.84 (Sign Regulations) as it rely#es to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and to Chapter 8.108 (Temporary Use Permit} as it relates to other temporary land uses not specifically defined and deviating from established development standards. Dublin resident Bruce Fiedler stated the amendments proposed regarding Sign Regulations were designed to benefit a few special interests at a cost to the wider community. Dublin landlord for Sierra Market, Brad Sanders, commented on Chapters 8.40 and 8.76, and stated that these amendments were directly the cause of prohibiting any seating to Sierra Market due to the lack of parking. Cm. Swalwell asked Staff to clarify Mr. Sanders comments regarding the ordinance amendments and their relation to the issue. Mr. Bakker stated that the issue Mr. Sanders was referring to was at what point an accessory restaurant component of a grocery store triggered a higher parking standard. Linda Smith, Economic Development Director, elaborated on Mr. Sanders core arguments about applying the addi#ional parking spaces for the restaurant component and limiting his ability on additional space in his center to be leased at retail in the future. Other options have been explored with Mr. Sanders as well. Mayor Sbranti read comments submitted via fax by Sierra Market Owner, Mr. Sal Safi, "I am the owner of Sahara Market, this confusion in the code has cost us tremendous grief and loss of income. Section 8.40 will cause more confusion and will leave another gray area where the food preparation area in a market with seating area and food preparation wi11 be hard to define." DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 ~°~°U REGULAR MEETING ~~Y~/~~~ OCTOBER 4, 2011 ~\ ~ /~ Mayor Sbranti closed the public hearing. Mayor Sbranti asked Staff to explain how the 10% of seating and food preparation area was established. Ms. Waffle stated that this standard was taken from another standard in the accessory uses chapter. Mayor Sbranti asked Staff to elaborate on why food preparation needed to be included in the 10°10. Ms. Waffle stated that food preparation is a necessary component of an eating and drinking establishment as it related to retail sales with the 10% threshold for intensity directly affecting the minimum required parking spaces. Mayor Sbranti asked for clarifiication on how this ordinance amendment would assist with the Sahara Market expansion plan. Ms. Waffle stated this item would assist by clarifying the off-s#reet parking and loading regulations that requires distinction between a large and small tenant space for the purpose of determining parking requirements. She also stated that the Sahara Market management would be working on a restriping plan which would also assist with resolving their expansion plan. Mayor Sbranti asked what the implication might be if the City Council did not approve the Chapter 8.84 ordinance amendment. Ms. Waffle stated that any area outside planned development zoning district, or any shopping center that did not have a master sign program, would not be allowed to have signs. Cm. Hildenbrand commented on Chapter 8.84 and expressed that the sign regulations ordinance was consistently being compromised with these amendments, resulting in creating an lower aesthetic quality to the community. Mayor Sbranti stated that he believed there were more limits than additions to this ordinance amendment, and would like to take a pause and re-evaluate this amendment further before voting on this amendment. He suggested looking at this from a broader perspective. Vm. Hart suggested a group outside of the ad-hoc committee evaluate whether the proposed changes are of value to the City and provide recommendations. Cm. Biddle stated he would be willing to have input from a community group and postpone accepting amendment to the sign regulations. Cm. Swalwell was in agreement with postponing the amendment. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 REGULAR MEETING G``~oF~be~m ~91 ~,~,~ ~ OCTOBER 4, 2011 ~ ~ ~~ City Manager Pattiilo stated that the City Attorney will provide clarity on moving forward with the ordinance chapters, excluding Chapter 8.84. She clarified the direction provided regarding Chapter 8.84 which would be to have Staff bring back recommendations, whether to form a task force or one town hall meeting. This will also create a new initiative, adding additional workload and would ask the City Council to prioritize the current Economic Development initiatives. Cm. Hildenbrand stated that she did not feel the need to form a task force and add additional work. Mayor Sbranti stated that he did not want to re-prioritize Economic Development initiatives but gather feedback from community members to ensure that moving forward would be of benefit to the City. On motion of Vm. Hart, seconded by Cm Hildenbrand and by unanimous vote, the City Council INTRODUCE an Ordinance 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. Chapter 8.84 (Sign Regulations) would be deferred. ~'----- Dublin Heritage Park and Museums Facility Use Policy 10:16:22 PM 6.3 {295-10) Mayor Sbranti opened the public hearing. Paul McCreary, Assistant Parks and Community Services Director, presented the Staff Report and advised that the City Council would consider adopting the Heritage Park and Museums Facility Use Policy and Rental Fee Schedule, which would allow for community use and private rentals of the Kolb Sunday School Barn and St. Raymond Church. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Vm. Hart stated that the pricing seemed to be a bit expensive and cautioned that #ees wouldn't discourage the use of such a great facility. Cm. Hildenbrand commented that based on the history of the facility and the importance of preservation and protection of the buildings, the pricing seemed reasonable. Mayor Sbranti stated that the rates quoted were lower than the surrounding area and felt comfortable moving forward with the fee schedule as presented. DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 REGULAR MEETING G`~~' 19r n~ ~i OCTOBER 4, 2011 ~ ~ ~t ~ ~~ ~~cr ~.~ DRAFT .....~,. WRITTEN COMMUNICATIONS -None. ,,,,~,. PUBLIC HEARINGS -None. UNFINISHED BUSINESS Review of City Fireworks Ordinance Permit Process ;;,,,;;,,,,~~,,,C1,,,,,,If;~,lf 7.1 (650-60) By consensus, the City Council postponed this item to the January 17, 2012 City Council meeting. ~,. Town Hall Meeting on Sign Regulations „~,,;;,,,;;,,,,,,,,If;~,l 7.2 (450-60) Senior Planner Marnie Delgado presented the Staff Report and advised that the City Council would be asked to appoint two Councilmembers to participate in a Town Hall Meeting on February 9, 2012 where amendments to Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance would be discussed with interested members of the community. Mayor Sbranti asked what outreach had taken place in regard to the meetings. Ms. Delgado stated Staff would be sending out a notice to all automobile and vehicle dealers. They would also be notifying all the local sign companies and any other interested parties that had contacted the City and inquired about the proposed amendments. The Dublin Chamber of Commerce would also be included. City Manager Pattillo stated the information would also be posted on the City website, as well as the newspaper. On motion of Mayor Sbranti, seconded by Cm. Swalwell and by unanimous vote (Vm. Hart absent), the City Council appointed Cm. Hildenbrand and Cm. Biddle to participate in the Town Hall Meetings. ,,~,. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 ~ ~" REGULAR MEETING ~,,,~~~ ~ ~'~~i~~~ DECEMBER 20, 2011 ~~ ~ ~ ~ ~~ ~ ,~J ~z >>. Town Hall Meeting Sign Regulation February 9, 201.2, 6:30 PM Regional Meeting Room The meeting was called to order by Jeff Baker, Planning Manager at 6:33 PM ATTENDEES: Kasie Hildenbrand, Councifinember; Don Biddle, Councilmember; Jeri Ram, Community Development Director; Jeff Baker, Planning Manager; Marnie Delgado, Senior Planner; Seth Adams, Assistant Planner; Debra LeClair, Recording Secretary. Bruce Fiedler; Lou Noval, Fast Signs; John Del<oven, Bunjo's Comedy Club; Amar Gill, Ef Monte RV; Claudia McCormick. Jeff Baker, Planning Manager, welcomed everyone to the meeting, gave an overview of the purpose of the meeting and the agenda, and then asked for introductions of Staff and attendees. Marnie Delgado, Senior Planner presented the proposed amendments to the Sign Regulations. I]ISCUSSION: Matrix A - Add the Downtown Dublin Zoning District and automobile sales flags; and - Remove "Open House" and window signs which are currently exempt from permits. Lou Noval proposed increasing the amount of signage area allowed on windows. He felt window signs are a good tool for business owners and suggested increasing the area to 30% of the window. Since this suggestion was not part of the amendments it was added to the "Parking Lot" fist. There were no other suggestions or discussion regarding the added columns in Matrix A. Temporary Promotional Sins - Limit the maximum number that can be displayed to 2; - One may be displayed over tenant space and one along street frontage; - OR - If two street frontages, one per street frontage if at feast 200 feet apart Bruce Fiedler liked the amendments and liked the spacing and numbers mentioned. He stated that the current timing of promotional signs was not mentioned and suggested the spacing of promotional signs should be after the 21 day period the banner should be down far 8 weeks instead of 21 days before putting up another banner/sign, He felt that if a business has a promotional banner up for approximately 6 months of the year it wasn't an actual promotional banner/sign. Since the display period for promotional signs was not part of the amendments it was added to the "Parking Lot" list. Ms. Delgado stated his suggestion would be presented to the City Council along with the other suggestions from tonight's meeting. Claudia McCormick was concerned about the quantity and quality of the promotional banner/signs on the street frontage. She raised concern about clustering multiple signs in one location. Mr. Baker explained that businesses located within shopping centers are allowed to place banner/signs on the street frontage. He continued there is currently na limit to the number of signs but this amendment would limit the number of signs but the fact that they are allowed signs will not change. lfasie Mildenbrand, Cauncilmember asked if there are a number of businesses in a shopping center they would al[ be allowed to post promotional signs. Mr. Baker answered yes, but they would not be all from one business. Ms. McCormick suggested there be some type of quality assurance far the signs such as; must be professionally done with certain materials and no hand lettering. Mr. Noval was concerned about large banners that are over the square footage restriction and felt they made the area look unattractive. There was a discussion regarding a temporary promotional sign that has remained on a building for an extended period of time. Mr. Noval suggested allowing professionally done A frames to be included in the Temporary Promotional Signs amendment. Since this suggestion was not part of the amendments it was added to the "Parking Lot" list. Seasonal Flays Mr. Fiedler felt the definition of "Seasonal Flag" was not clearly stated. He felt that if the flags are displayed to celebrate a specific season or holiday that would be fine but if they are purely advertising it makes the community look like a garage sale and should be regulated. Mr. Baker confirmed Mr. Fiedler's suggestion is if the flag were of a promotional nature that there should be a time limit, but a seasonal flag should be treated differently. Mr. Fiedler agreed. He felt that if the sign is promotional then it should be regulated under the Temporary Promotional Sign ordinance. He suggested that the seasonal flags be defined as to size, number, and attachment. Ms. Delgado summarized the discussion: - Staff should define "Seasons[ Fisg" more clearly - Does seasonal include holidays? tf romotional in nature it is not seasonal fla p g - Clarify size, number and attachment Mr. Fiedler mentioned the flags at the Waterford Center are a good example of a seasonal flag. Autorrtobile Sales Flay - Located on the site where the business being advertised is conducted - Limited to private property light poles and shall not extend above the top of the light pole - Dne flag per light pole, up to % of all light pales located on site - Maximum of 2©SF and may be single sided or double sided - Shall have a clearance of: o Eight feet above the ground o Fourteen feet above a driveway, alley or other vehicular access way o No flag shall project into a public right-of-way - Maintained in goad condition at all times Ms. Delgada explained the Automobile Sales Flags would be newly defined in the Zoning Ordinance. Mr. Noval asked if the flags that are currently in place would need to be permitted. Ms. Delgado answered yes they would need to obtain a zoning clearance if not already approved with a master sign program. Mr. Fielder felt the definitions are good. He questioned why auto dealerships are considered to be a special group with special legislation. Ne felt there are too many flags proposed to be allowed in the amendment. He suggested 1 flag for every 8 light poles and that they could be clustered in one location. He felt the special flags are not necessary to assist car buyers in locating dealerships. Ms. Delgado confirmed Mr. Fielder's first preference would be not to add the special provision far auto sales flags and he felt that one on every other pole would be excessive. Mr. Fiedler agreed and questioned why certain dealerships need them and others don't. Mr. Baker asked if anyone had any other comments or concerns. Don Biddle, Counciimember asked if the new opaque window signs which are see-through should they be handled differently. Consideration should be given to non-promotional graphics or mural type window displays. Mr. Baker thanked the group for attending and stated that their comments and feedback will be presented to the City Council tentatively scheduled for March 6, 2012. He stated there will -be--a Staff Repart and presentation aritf a 're'q'uest from the Council on hoirv hey would tike to proceed with sign regulations. He stated that everyone who received a notice for this meeting will be included in the mailing as well as tonight's attendees. Claudia McCormick wanted her comments to be recorded. She was very concerned about political signage and felt it is not applied equally to everyone. She mentioned a sign at the post office. She stated she complained to the post office who called the police; they moved the sign to the street which is city property. She felt that certain political signs do not came under any Ordinances and felt they should. She stated that when she was running for public office she was not allowed to put her signs on public property, yet others put up offensive political signs. She also felt there was an Ordinance that stated the signs could only be displayed for 30 days before an election. She asked that the City Council look at the Ordinance and ensure that it is applied fairly. There was a discussion regarding Free Speech and how it applies to political signage. Mr. Baker stated that we have captured Ms. McCormick's comments and will share them with the City Council. He continued there are Free Speech issues that come into play which will need further research to address the issue. The meeting was adjourned at 7:15pm CHAPTER 8.84 SIGN REGULATIONS 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 -Automobile/Vehicle Sales. The term Flags -Automobile/Vehicle Sales shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displaved 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 displaved for a limited aeriod of time and/or chanaed on a reaular basis to coincide with the four seasons of the year. Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is hereby amended as follows: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District R-1, R-2, DDZD M-P, M-1, Sign Type A R-M C-N C-O C-1 C-2 M-2 Awning ~ 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 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 ~ 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 (ZA) X SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR ZA SDR (ZA) 1 of 6 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 ~ X ZC ZC ZC ZC ZC ZC (1 r ° r I--I ° ~ ~ c ° ~ D °D ° r~ ~~// 7'c ~~// 7'c ~~// 7'c ~~// 7'c ~~// 7'c Permanent Banner Sign X X X X MSP/ SDR MSP/ SDR MSP/ SDR MSP/ SDR Projecting Sign ~ 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 8.84.040.6 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended as follows: Sign Type Maximum Maximum Maximum Location Copy Additional Section Number Height Area per Requirements Restrictions Regulations No. of Signs Side in Sq. Ft. Flags _ See See See Section See Section See Section See Section Automobile/ Section Section 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F Vehicle 8.84.050. F 8.84.050. F Sales Temporary ~K Per D°rr-crzvrnrrg Only on site on Per Zoning Maximum of Promotional ' Zoning ~''°~ which Clearance. 21 Section ~''°~ Clearance. Banner business is consecutive 8.84.050.T Two 2 . signs shall located and calendar days One (1) on not be larger shall not be per permit; 21 a tenant than 60 located so that consecutive 2of6 buildin square feet. the sign is calendar day frontage higher than the waiting period and one eave of the between 1 on the structure in permits. street which the frontage business is or two 2 located. on street frontages if more than one street frontage and signs Temporary are at Banners for least 200- Temporary Apartment Temporary feet apart. Banner for Communities Promotional Apartment shall be Banner for One (1) Communities allowed a Apartment which shall maximum of Section not exceed 90 days per 8.84.050.T 12 square calendar year feet. in any time configuration desired. Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended to delete the following: 3of6 ~/ ~nrln~ei Cinn~ ~nrln~ni Cinn~ ~°Ic~i--iv~e~Eee~ ~~+~i_fi~io ~e~ce~+ !'~j0/ 1 of ~j rra~vvv--vrgn rrcrvvv--vrgn r~„-°~P r-~~ ~v~--vr inn+ini ini ie ~niinrln~ni ~ro~ frnm ~nihi~h +ho~i pro ~iio~niorl Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: 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) flap 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 flap shall project into a public right-of-way. 6. Automobile/Vehicle Sales Flags shall be maintained in good condition at all times. Any flap 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. 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 4of6 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 temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.6 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 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 flaps. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: Open House Signs. Open-House Signs are permitted subject to the following special provisions: A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of 5of6 such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. Signage is prohibited in public streets and the center divider strip and/or traffic islands of public streets. 3. Signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail box. 5. No more than eight (8) open-house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day each week from 10:00 a.m. through sunset. 9. The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. 10. Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the contiguous window area from which they are viewed. 6of6 ORDINANCE NO. xx - 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** AMENDING CHAPTER 8.84 (SIGN REGULATIONS) 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 8.84 (Sign Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and WHEREAS, the Planning Commission did hold a properly noticed public hearing 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, on October 4, 2011 the City Council waived the reading and introduced an Ordinance 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) but excluded Chapter 8.84 (Sign Regulations); and WHEREAS, Staff was directed to hold a public meeting to obtain input from the community on the proposed amendments to Chapter 8.84 (Sign Regulations); and WHEREAS, on February 9, 2012 a public meeting was held in the Regional Meeting Room at Dublin City Hall and interested members of the community provided feedback on the proposed amendments; and WHEREAS, a properly noticed public hearing was held by the City Council on March 6, 2012; 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 hereby ordain as follows: SECTION 1. The City Council finds that this Ordinance is 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 signage. 1 of 9 SECTION 2. 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 3. The following definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code to read as follows, with the other definitions contained in Section 8.84.020 (Definitions) to be re-lettered accordingly: Flags -Automobile/Vehicle Sales. The term Flags - Automobile/Vehicle 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. 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 the four seasons of the year. SECTION 4. 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 a new column for the Downtown Dublin Zoning District ("DDZD"), to add a new Sign Type for "Flags-Automobile/Vehicle Sales", and to remove the Sign Types "Open House" and "Window". Matrix A shall read as follows in its entirety: 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 ~ 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 2of9 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 ~ 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 (ZA) X SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) 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 ~ X ZC ZC ZC ZC ZC ZC Permanent Banner Sign X X X X MSP/ SDR MSP/ SDR MSP/ SDR MSP/ SDR Projecting Sign ~ 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 5. Section 8.84.040.6 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to add a new row for the Sign Type "Flags-Automobile/Vehicle Sales" and to amend the row for the Sign Type "Temporary Promotional" as follows: 3 of 9 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 See See Section See Section See Section See Section Automobile/ Section Section 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F Vehicle 8.84.050. F 8.84.050. F Sales Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of Promotional Clearance. shall not be which business Clearance. 21 Section One (1) on larger than is located and consecutive 8.84.050.S a tenant 60 square shall not be calendar building feet. located so that days per frontage the sign is permit; 21 and one (1) higher than the consecutive on the eave of the calendar day street structure in waiting frontage. If which the period more than business is between one street located. permits. 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 feet. 90 days per calendar year in any time configuration desired. 4of9 All other provisions contained in Matrix B shall remain the same except that the Section references contained in the "Sign Type Section No." column shall be modified to reflect the changes made by Section 6 of this Ordinance and shall be reviewed for consistency with Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code. SECTION 6. Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended as follows: a) The following shall be deleted: L. Open House Signs. Open-House Signs are permitted subject to the following special provisions: 1. A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk to less than thirty-two (32) inches. signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. signage is prohibited in public streets and the center divider strip and/or traffic islands of public streets. 3. signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail box. 5. No more than eight (8) open-house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day each week from 10:00 a.m. through sunset. 9. The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. 5 of 9 10. Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. V. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the contiguous window area from which they are viewed. b) The following shall be added: 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. c) The following shall be amended to read 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. 6of9 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 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 8.84.050 (Signs Subject to Permits) and Section 8.84.040 (Matrix B, Sign Development Regulations) shall be re-lettered accordingly. SECTION 7. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization or seasonal flags. SECTION 8. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as follows: a) The following shall be added: Open House Signs. Open-House Signs are permitted subject to the following special provisions: 1. A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, 7of9 or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. Signage is prohibited in public streets and the center divider strip and/or traffic islands of public streets. 3. Signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail box. 5. No more than eight (8) open-house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day each week from 10:00 a.m. through sunset. 9. The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. 10. Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the contiguous window area from which they are viewed. b) The remainder of Section 8.84.140 (Exempt Signs) and Section 8.84.040 (Matrix B, Sign Development Regulations) shall be re-lettered accordingly to reflect the changes made by Section 8. SECTION 9. 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. 8 of 9 PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of , 2012, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk GIPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11CC 03.06.121Att 6_CC Ord ZOA Update 1.doc 9 of 9