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'9'~'~~~ STAFF REPORT CITY CLERK
~'~\7~ ~ CITY COUNCIL File #450-20
O~LIFO~'~~
DATE: March 6, 2012
TO: Honorable Mayor and City Cou/n~~cilmembers
FROM: 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) R
hearing; 3) Take testimony from the public; 4) C
Waive the reading and introduce an Ordinance
the Zoning Ordinance OR 6) Provide Staff with
Regulations.
-~----
Submitted By
Director of Community Development
eceive Staff presentation; 2) Open the public
lose the public hearing and deliberate; and 5)
amending Chapter 8.84 (Sign Regulations) of
direction regarding amendments to the Sign
Page 1 of 7
Reviewed By
Assistant City Manager
ITEM NO. 6.2
ATTACHMENT 1
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
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 -Automobi/eNehicle 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/Vehic/e 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:
7. Automobile/Vehic% Sa/es 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 (7) flag per light pole, up to one-half of a/I 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/Vehic/e Sales Flags shall have a clearance of eight (8)
feet above the ground and fourteen (74) 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 Meetin
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
Page5of7
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,2
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O~~IFOR~~~
DATE:
TO:
STAFF REPORT
CITY COUNCIL
CITY CLERK
File #450-30
October 4, 2011
Honorable Mayor and City Councilmembers
FROM: 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.
,~
_...,._..Y._
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 70% 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).
7. 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 fhe
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 Sa/es
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 - AutomobileNehicle 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:
7. Automobile/Vehic% 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/Vehic% 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 (74) 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 maybe 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
defrned 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 71 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 70 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 alf 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 Tvpe except as otherwise provided
by Section 8.76.050 (Adjustment to the Number of Parking Spaces).
When a tenant space contains several Use Tvpes 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 Tvpe.
2. When a tenant space contains permitted accessory uses pursuant to
Section 8.40.030 (Accessory Uses), additional parking shall not be
required.
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 Ck~ 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 -AutomobileNehicle Sales
shall mean a sign constructed of cloth canvas or another light fabric with or without a
rigid frame intended to be displayed on a regular basis to advertise the business name.
P Flags Seasonal The term Flags -Seasonal shall mean a sign constructed of
cloth canvas or another light fabric with or without a rigid frame intended to be displayed
for a limited period of time and/or changed on a regular basis to coincide with holidays or
the four seasons of the year.
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 F 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/ 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
3of7
Master Sign Program SDR X SDR SDR SDR SDR SDR SDR
Office Building Master
ID X X ZC ZC ZC ZC ZC ZC
Off-Site Residential
Development
Directional BP BP BP BP BP BP BP BP
Off-Site Temporary
For Sale or Lease ~ X ZC ZC ZC ZC ZC ZC
Ease ~/
Yt
D°n~~ ~/
Y< ~/
Yt ~/
Yc ~/
Yc ~/
Yt
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 F 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 F X BP BP BP BP BP BP
Wi~ew X X ~R ~R i~R ~R $R
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
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
Sales 8.84.050. F 8.84.050. F .
.
. .
.
.
Temporary Rer Per D° O
l
it P
Z
Promotional
'
Zonin
~'~°
r
^
~ n
y on s
e on
hi
h er
oning
Cl Maximum of
Section
6learar~se- g
Clearance. ~
w
,
Banner w
c
business is earance. 21
consecutive
4 of 7
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
fronts a 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 Flaps - AutomobileNehicles Sales. AutomobileNehicle Sales Flaps are
permitted in those Zoning Districts where AutomobileNehicle Sales are permitted subiect
to approval of a Zoning Clearance AutomobileNehicle Sales Flaps are subiect to the
following:
1. AutomobileNehicle Sales Flags shall be located on the site where the
business being advertised is conducted.
2. The location of AutomobileNehicle 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 AutomobileNehicle 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. AutomobileNehicle Sales Flags shall be limited to a maximum of 20 square
feet and may be single sided or double sided.
5. AutomobileNehicle Sales Flaps shall have a clearance of eight (8) feet above
the around 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. AutomobileNehicle Sales Flaps shall be maintained in good condition at all
times. Anv flap that is faded, torn or otherwise determined by the Community
Development Director to not be in good condition shall be removed upon
re_guest and may be replaced subject to compliance with Section 8.84.050.F.
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Sighs 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 8.84.020.8 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.
6 of 7
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 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.
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.
7 of 7
~~,~ of ~v~~
19r ~ ~$2
`~~~~
1~C~
June 10, 2011
CIT'S~ OF DUBLIN
100 Civic Plaza, Dublin, California 94568 Website: htt~://www.dublin.ca.gov
Moe Yousoti & 5olaiman Safi
Sahara Market
6783 Dubiin Boulevard
Dublin, CA 94568
Brad Sanders
6787 Dublin Boulevard
Dublin, CA 94568
Re: Community Development Director Determination regarding Section 8.7fi.040.M.2 (Small Tenant
Space) and Interpretation regarding Section 8.40.030.G.6 as they relate to the proposed Sahara
Market Expansion at 6783/8777 Dublin Boulevard
Dear Mr. Yousofi, Mr. Safi and Mr. Sanders:
In accordance with the provisions of the Dubiin zoning Ordinance the following determination and interpretation
have been made regarding the proposed expansion of Sahara Market:
Background
Sahara Market is located at 6783 Dubiin Boulevard within a portion of the Dubiin City Center commercial
center. Sahara Market is a retail store that sells groceries and is consistent with the definition for the "Retall-
General" Use Type.
In accordance with Section 8.76,080 (Parking Requirements by Use Type), a "Retail-General" Use Type
requires 1 parking space for 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 marke# 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.
In 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.
Tenant Spaces with Multiple Functions
The proposed expansion of Sahara Market includes two Use Types, "Retail-General" and °Eating and Drinking
Establishment". Section 8.76.040.M (Tenant Space with Multiple i=unctions) se#s 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) • Ciiy Manager 833-6650 • City Council• 833-6850 • Personnel 833-6605 • Economic Development 833-6650
Finance 833-6640 • Public Wortcs/Enginesring 833-8630 • Parks & Community Services 833-6645 • Police 833-6870
Planning/Code Enforcement 833-8610 • Building Inspection 833-6620 • Fire Prevention 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 lot 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 $.40.030.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,
Ir-terprefation of an Accessary Use
While Sahara Market is not a wholesale sales business and is not located in an Industrial Zoning Distric#,
Section 8.40-.030.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 woutd like to establish an
accessory use (a restaurant) which is more Intense Phan the primary use (retail market). Therefore, the
Community Development Director interprets that an accessory use to the Sahara Market may be up to 10% of
the total tenant space.
Defermfnafton as Smal! Tenant 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 °Retaii-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 tenan# 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, the entire tenant space would be parked
at 1 par4cing 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 {925) 833.6610.
Very Truly Yours,
Jeri am, AICP
Community Development Director
Cc. Jeff Baker, Planning Manager
Marnie R. Waffle, Senior Planner
Moe Yousofi, Sahara Market myousofi(a~amail.com
Solaiman Safl, Sahara Market safisall2(a,yahoo.com
Brad Sanders, farsandl(c~gmail.com
Area Code {925} • Clty Manager 833-6650 • City Council 833-6650 • Personnel 833-6605 • Economic Development 833-6650
Finance 833-6640 • Public Works/Engineering 833-6630 • Parks & Community Services 833-6645 • Police 833-6670
Pianning/Code 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
AMENDING CHAPTER 8.108 (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 Chapter 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 to section 8.120.050.8 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 building 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 1112,,0, icem a2 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 footage 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 temporary tents shall be subject to review and approval by the
Planning Division, Building 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 a 2 Page 2 of 7
the approved storage lot location. A maximum of one temporary use permit shall be
granted per location. For the purposes of this subdivision, "location" shall refer to an
address, a parcel, or a 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 AutomobileNehicle Storage Lot would eliminate parking required for
another use pursuant to Chapter 8.76 of this Code. In no case shall an
AutomobileNehicle Storage Lot be established within 100 feet of a heavily traveled
roadway. Whether a roadway 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 property, and may not be located in the
public right-of-way.
c) Container must be located on a paved surface.
d) Container may be located in the rear yard.
e) No more than one container per residential parcel is permitted.
f) Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
Ord. No. 21-10, Adopted 11/2/10. Item 4.2 Page 3 of 7
3. Construction Equipment 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 certified 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. Each individual Festival, Neighborhood/Place of Worship/School
Festival, and Street Fair of a not-for-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 principa{ use. This permit may be renewed by
means of another Temporary Use 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 an 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 events during a calendar year. A minimum waiting period of 3
consecutive calendar days between Temporary Use Permits is required. Each outdoor
Sales event. by an established business shall be subject to standards established by the
Director of Community Development. Rev. Ord. 20-06 (November 2006). Parking lot
sales shall not utilize more than 10% of the required parking for the business.
M. Outdoor Skating Rink. 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 determination 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 in 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 Environmental 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 Container 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 conditions:
a. Container must be located on private property. and may not be located 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.
e. Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
R. Temporary Mobile Home/Manufactured 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 Hvme 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 by the Director of Community Development.
Ord. No. 21-10, Adopted 11!2/10.. Item 4.2 Page 5 of 7
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 to 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 event 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. Ail 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, Fees 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 majcr or mind 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 Director 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 lake 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 4.2 Page 6 of 7
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
ti
J,W--
Mayor
ATTEST:
~` ~~~1/t'~1
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.
2'fanxmg C~+u++s's+~ August 23, 2011
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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 maybe 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.
~n~g CO°"'n" 'SO1 August 23, 2011
Ijggulas SYfeeting 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 AutomobileNehicle 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.
~P(annmg C~+s'~ August 23, 2011
~gu(arSVfeeting 108
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
2'(annmg Corrsmissum August 23, 2011
~ggularrryteeting 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
cPfanning C~ August 23, 2011
2j~gu(ar SFteetittg 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
~1'(anning Commirsiors August 23, 2011
~gu(ar Meeting 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
~P(annirtg Corr~issum August 23, 2011
4j~gu(ar Meeting 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.
2'(annmg Commission August 23, 2011
I~ggu(ar Meeting 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.
4'lannrng C~++s~ August 23, 2011
~gu(ar `~Vteeting 114
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).
~'(annuig Cession August 23, 2011
~gu(as 9Keeting 115
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:IM/NUTES120111PLANN/NG COMMISSION108.23.11 DRAFT PC Minutes.doc
Planning C~ August 23, 2011
~galar Meeting 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
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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
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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
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WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
SECTION 1.
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of this Ordinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately.
SECTION 2.
Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) of Title 8 of the
Dublin Municipal Code is hereby amended to add the following:
8. Eating and Drinking Establishments. An Eating and Drinking Establishment
incidental to retail sales in Commercial Zoning Districts where the Eating and
Drinking Establishment, including food preparation areas and seating areas, is
10% or less of the entire tenant space.
SECTION 3.
Section 8.76.040.M (Tenant Space With Multiple Functions) of Title 8 of the Dublin Municipal
Code is hereby amended as follows:
M. Tenant Space With Multiple Functions. When a tenant space contains several
Use Types, the amount of parking to be provided shall be the total of that required
by Section 8.76.080 for each Use Type, except as otherwise. provided by Section
8.76.050 (Adjustment to the Number of Parking Spaces), and except as follows:
1. When a tenant space contains several Use Types for the exclusive use of
those engaged in the primary use and not otherwise available to the general
public, the amount of parking to be provided shall be the total of that required
by Section 8.76.080 for the primary Use Type.
2. When a tenant space contains permitted accessory uses pursuant to Section
8.40.030 (Accessory Uses), additional parking shall not be required.
SECTION 4.
Section 8.76.040.M.1 (Large tenant space) and Section 8.76.040.M.2 (Small tenant space) of
Title 8 of the Dublin Municipal Code are hereby deleted.
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SECTION 5.
Section 8.76.080.D (Commercial Use Types), Recreational Facility/Indoor, Other of Title 8 of the
Dublin Municipal Code is hereby amended as follows:
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Recreational Facility/Indoor
Other Per MUP
All other parking requirements for Recreational Facility/Indoor as shown in Section 8.76.080.D
shall remain.
SECTION 6.
The following new definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the
Dublin Municipal Code to read as follows:
O. Flags -AutomobileNehicle Sales. The term Flags -AutomobileNehicle Sales
shall mean a sign constructed of cloth, canvas or another light fabric with or
without a rigid frame intended to be displayed on a regular basis to advertise the
business name.
P. Flags -Seasonal. The term Flags -Seasonal shall mean a sign constructed of
cloth, canvas or another light fabric with or without a rigid frame intended to be
displayed for a limited period of time and/or changed on a regular basis to coincide
with holidays or the four seasons of the year.
The remainder of Section 8.84.020 (Definitions) shall be re-lettered accordingly.
SECTION 7.
Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of
the Dublin Municipal Code is hereby amended to add the Downtown Dublin Zoning District
(DDZD), to add the Sign Type "Flags-AutomobileNehicle Sales", and to remove Sign Types
"Open House" and "Window". Matrix A shall read as follows:
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District
Sign Type
A R-1, R-2,
R-M
C-N
C-O
C-1
C-2 DDZD M-P, M-1,
M-2
Awning E X ZC ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP BP
Coming Soon X X ZC ZC ZC ZC ZC ZC
Community ID X ZC ZC ZC ZC ZC ZC ZC
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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 F X ZC X BP BP BP BP
Freestanding Greater than 20'
in Height X X X X SDR SDR SDR SDR
Grand Opening X X ZC ZC ZC ZC ZC ZC
Identification** ZC/
SDR ZC/
SDR ZC/
SDR ZC/
SDR ZC/
SDR ZC/
SDR ZC/
SDR ZC/
SDR
Master Sign Program SDR X SDR SDR SDR SDR SDR SDR
Office Building Master ID X X ZC ZC ZC ZC ZC ZC
Off-Site Residential
Development Directional BP BP BP BP BP BP BP BP
Off-Site Temporary For Sale
or Lease F X ZC ZC ZC ZC ZC ZC
Permanent Banner Sign X X X X MSP/
SDR MSP/
SDR MSP/
SDR MSP/
SDR
Projecting Sign ~ 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 E 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 F 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-AutomobileNehicle Sales" and to amend
Sign Type "Temporary Promotional" as follows:
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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:
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F. Flags - AutomobileNehicles Sales. AutomobileNehicle Sales Flags are
permitted in those Zoning Districts where AutomobileNehicle Sales are permitted
subject to approval of a Zoning Clearance. AutomobileNehicle Sales Flags are
subject to the following:
1. AutomobileNehicle Sales Flags shall be located on the site where the business
being advertised is conducted.
2. The location of AutomobileNehicle 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 AutomobileNehicle 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. AutomobileNehicle Sales Flags shall be limited to a maximum of 20 square
feet and may be single sided or double sided.
5. AutomobileNehicle 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. AutomobileNehicle 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
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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.
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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 i.doc
8 of 8
September zn, z011
bublin City Gouncil
One Civic-Center
bubNn, CA 84688
tear Mayor Sbranti and Council Members;
~~uel= xlspt.~~
~~
•p ~~'~
~, ?~ ~`,~
~ ~Q~J
`r~f'Y
More than a dozon years ago, Clty staff coordinated the work of a community taskforce looking Into ways to
improve the appearance and reputation of Aublin (then sometimes referred to as the "mattress and muffler
center" of the Valley} by reviewing and revising the sign ordinance. At that time strings of pennants, large or
multiple balloons, and roof-mounted Qodxlilas were prohibited, and non-conforming signs and those with
visible supports became subject to summary removal. The review was not racily comprehensive, but Mayer
iiouston Fndicated that if there were future problems, this Item could be revisited.
taut in the interim It became the practice to enforce these parts of our local laws only tf there was a
complaint. And many businesses which had received approve[ for their sign programs added non-
conforming slgnage, often fn the form of window paint and paper or fabric banners, The result of these
practices seems to have been a return to the camivai atmosphere that caused Dublin to be considered fn ba
a second class city. And each and every week, I see that homes in Dublin are valued at X100,000 to $160,000
less than similar houses Juat across the road in Pleasanton {see the Week's home safes numbers in the
Valley Times;.
I have lived here for 2ti years, t believe that bublln is squat or superior to our neighbors to many ways, cut
that is not necessarily the public perception as reflected in home price and desirability of our community, 1
bettave that part of that Rerceptton derives from the lack of adequate regulation of signs placed on fences,
fight poles, and store windows and wails.
After 1 sent some plc#ures to you demonstrating the extent of the problem, there was some increased
enforcement relating to temporary sates promotion banners. But the elephant In the room, years-tong
violations of n-ul#ipfe signs on fight pasts et some businesses, was not addressed.
Than, 1(earned that the Planning Commfas[on was fo consider some changes. When 1 want to the meeting, I
discovered that auto dealers had proviousty been invited to glue their blessing fo a propose! which would
make their ilfegaF signs legal. This looks tike legislation written by and for one special interest. And tt would
enshrine permission for about 184 additional signs as big as the front door fo your home aft throughout the
city.
I do believe that It is tmpor#ant forthe publfa to bs able to find a local business, especially during the first
menthe in a location. In the case of local auto dealers, some have been In pleas foryears and have thirty or
forly foot tall efgns by the freeway and extensive lighted slgnage on large buifcitngs set wl#hin acres of
merchandise displayed outdoors. People know it is an auto dealership; no one can confuse ttwifh a dental
office or drug store. And In regard to the potential 184 signs on outdoor light poise, one needs to already be
of that dealership to read ail those adds#fonaf signs.
have enclosed copies of several past letters to your Council and to the Planning Commission. And I believe
you should postpone action on the tatea# recommendations of the planning staff pending a more complete
review of why bubitn has sign reputations and ewe seek #o accomplish by having such regulation in the
first place.
The taskforce that met in the past did good work. But the world has chanced over the past decade and this
issue should be revisited with an eye to the needs of al! varieties of businesses, the effect an home values
throughout the community, and the perception of Dublin in the view of the wider public. I Would be pleased
fo meet with you or your staff regarding this issue and am avatlabie to participate again on a taskforce
repreaenffng the whole spsatrum~f~ntereats in the community.
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 ulations 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-Street 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 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.
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 mare confusion and will leave another gray area where the
food preparation area in a market with seating area and food preparation will be hard to define."
DUBLIN CITY COUNCIL MINUTES 8
VOLUME 30
REGULAR MEETING 19 i
OCTOBER 4, 2011
Mayor Sbranti closed the public hearing.
Mayor Sbranti asked Staff to explain how the 1 tJ% 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%.
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 clarification 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 Mowed 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 _
OCTOBER 4, 20'11 '~ ~ ~
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 Permi#} 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 far community use and private
rentals of the Kolb Sunday Schaal 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
OCTOBER 4, 2011 '~ ~~'~
DRAFT
WRITTEN COMMUNICATIONS -None.
PUBLIC HEARINGS -None.
UNFINISHED BUSINESS
Review of City Fireworks Ordinance Permit Process
7:32:10 PM 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
7:32:28 PM 7.2 (450-60)
Senior Planner Marnie Delgado presented the Staff Report and advised that the City Council
would be asked to appoint two Councitmembers 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 .~o~
a Wi+
DECEMBER 20, 2011 f9`~~
~~w
YC7R
Town Hall Meeting
Sign Regulation
February 9, 2012, 6:30 PM
Regional Meeting Room
The meeting was called to order by Jeff Baker, Planning Manager at 6:33 PM
ATTENDEES:
Kasie Hlldenbrand, Councilmember; 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, EI 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.
DISCUSSION:
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" list.
There were no other sugges#ions or discussion regarding the added columns in Matrix A.
Temoorarv 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 least 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. Ne felt that if a business has a
promotional banner up far 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 no 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.
Kasie Hildenbrand, Cauncilmember asked if there are a number of businesses in a shopping
center they would all be allowed to post promotiona! signs.
Mr. Baker answered yes, but they would not be ail from one business.
Ms. McCormick suggested there be some type of quality assurance for 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 Flaes
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. Fiedfer'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 #hat 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 "Seasonal Fiag" more clearly
- Does seasonal include holidays?
- u Nrurnu~wnai in na~ure i~ is not sea:
- Clarify size, number and attachment
Mr. Fiedler mentioned the #lags at the Waterford Center are a good example of a seasonal flag.
Automobile Sales Flag
- Located on the site where the business being advertised is conducted
- Limited to private property Eight poles and shall not extend above the top of the light
pole
- One flag per light pole, up to % of ail light poles located on site
- Maximum of 20 SF and may be single sided or double sided
- Shai! 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 good condition at al! 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. He 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
for 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 do.n't.
Mr. Baker asked if anyone had any other comments ar concerns.
Don Biddle, Councilmember 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
._ .. _..._ . _{~e._a Staff_Report and presentation aid a_regaest-fr~fi-the ~Councif on~T~ow -they.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 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, 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 -AutomobileNehicle Sales. The term Flags -AutomobileNehicle Sales
shall mean a sign constructed of cloth canvas or another light fabric with or without a
rigid frame intended to be displaved on a regular basis to advertise the business name.
P Flaas -Seasonal. The term Flags -Seasonal shall mean a sian constructed of
cloth canvas or another light fabric with or without a rigid frame intended to be displaved
for a limited period of time and/or changed on a regular basis to coincide with the four
seasons of the near.
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 F 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
~ ~ °o,~ed X ~4 ~4 ~ ~4
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
~ ~ ~4 ~R ~R ~R -BR ~R
Section 8.84.040.8 (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.E 8.84.050.E 8.84.050.E 8.84.050.E
Vehicle 8.84.050. F 8.84.050. F
Sales
Temporary ~ Per °D°,g Only on site on Per Zoning Maximum of
Promotional ' Zoning ~lea~a~se- 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
fronts e
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
o
rc~nfiigi anus ~eiinr~no~ei ~ro~ frnm ihirh +hov ~+ro rio~eiorl
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 - AutomobileNehicles Sales. Automobile/Vehicle Sales Flaps are
permitted in those Zoning Districts where AutomobileNehicle Sales are permitted
subiect to approval of a Zoning Clearance. Automobile/Vehicle Sales Flaps are subiect
to the following:
1. Automobile/Vehicle Sales Flaps shall be located on the site where the business
being advertised is conducted.
2. The location of AutomobileNehicle Sales Flaps shall be limited to private
property light poles and shall not extend above the top of the lioht pole
3. The number of Automobile/Vehicle Sales Flaps shall be limited to one (1) flap per
light pole, up to one-half of atl light poles located on the site
4. AutomobileNehicle Sales Flaps shall be limited to a maximum of 20 square feet
and may be single sided or double sided.
5. AutomobileNehicle Sales Flaas shall have a clearance of eioht (8) feet above the
ground and fourteen (14) feet above a driveway alley or other vehicular access
wav. No flap shall project into a public right-of-wav
6. AutomobileNehicle Sales Flaps shall be maintained in good condition at all
times. Anv 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 subiect 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
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 frontaaes 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 -AutomobileNehicle Sales. The term Flags -AutomobileNehicle Sales shall
mean a sign constructed of cloth, canvas or another light fabric with or without a rigid
frame intended to be displayed on a regular basis to advertise the business name.
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-AutomobileNehicle 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
2 of 9
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
(~) X SDR
(~) SDR
(~) SDR
(ZA) SDR
(~) 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
Permanent Banner Sign X X X X MSP/
SDR MSP/
SDR MSP/
SDR MSP/
SDR
Projecting Sign E 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 E X BP BP BP BP BP BP
SECTION 5.
Section 8.84.040.B (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.
4 of 9
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.
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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 - AutomobileNehicles Sales. Automobile/Vehicle Sales Flags are permitted in
those Zoning Districts where AutomobileNehicle Sales are permitted subject to approval
of a Zoning Clearance. Automobile/Vehicle Sales Flags are subject to the following:
1. AutomobileNehicle Sales Flags shall be located on the site where the business
being advertised is conducted.
2. The location of AutomobileNehicle 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 AutomobileNehicle 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. AutomobileNehicle 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. AutomobileNehicle 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.
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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 8.84.050 (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,
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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.
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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
G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11CC 03.06.121Att 6 CC Ord ZOA Update 1.doc
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