HomeMy WebLinkAboutOrd 19-14 Livermore Airport Use ORDINANCE NO. 19 — 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * ** * *
APPROVING ZONING ORDINANCE AMENDMENTS TO ESTABLISH CONSISTENCY WITH
THE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE
LIVERMORE MUNICIPAL AIRPORT
CITY-WIDE
PLPA-2014-00028
WHEREAS, the Alameda County Airport Land Use Commission oversees the adoption
and updating of land use compatibility plans for all public-use airports in Alameda County; and
WHEREAS, in 2012, Alameda County completed a multi-year effort to update the 1986
land use compatibility plan for the Livermore Municipal Airport; and
WHEREAS, the land use compatibility plan promotes compatibility between the
Livermore Municipal Airport and the surrounding environment which includes properties in the
cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County; and
WHEREAS, pursuant to State law, when a land use compatibility plan is amended or
updated local agencies must review their general plans, applicable specific plans and zoning
ordinances to ensure that they remain consistent with the land use compatibility plan; and
WHEREAS, amendments are proposed to the Dublin Zoning Ordinance to add Chapter
8.35 (Airport Overlay Zoning District) to establish consistency between the Dublin Zoning
Ordinance and the land use compatibility plan for the Livermore Municipal Airport; and
WHEREAS, amendments are also proposed to the Dublin Zoning Map to include the
Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety
Zone 6; and
WHEREAS, pursuant to State law, the proposed amendments must be reviewed by the
Airport Land Use Commission for a determination of consistency with the updated land use
compatibility plan for the Livermore Municipal Airport prior to being adopted by the local
jurisdiction; and
WHEREAS, on May 21, 2014, the Alameda County Airport Land Use Commission
adopted Resolution 01-2014 finding the proposed Zoning Ordinance Amendments consistent
with the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the
Livermore Municipal Airport; and
WHEREAS, on July 22, 2014 the Planning Commission adopted Resolution 14-33
recommending that the City Council approve the related General Plan amendments and
Resolution 14-34 recommending that the City Council approved the proposed Zoning
Ordinance amendments, which resolutions are incorporated herein by reference and available
for review at City Hall during normal business hours; and
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WHEREAS, on August 19, 2014, the City Council held a properly noticed public hearing
on the proposed General Plan and Zoning Ordinance amendments, at which time all interested
parties had the opportunity to be heard; and
WHEREAS, a Staff Report dated August 19, 2014, and incorporated herein by reference,
described and analyzed the proposed General Plan and Zoning Ordinance amendments. The
Staff Report recommended that the City Council adopt the amendments. Following the public
hearing, the City Council adopted Resolution 159-14 approving the related General Plan
amendments, which resolution is incorporated herein by reference and available for review at
City Hall during normal business hours; and
WHEREAS, the City Council used their independent judgment and considered the Staff
Report and all reports, recommendations, and testimony referenced above prior to approving
the proposed Zoning Ordinance amendments.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Ordinance.
SECTION 1:
The City Council finds that this Ordinance is consistent with the Dublin General Plan in that the
General Plan, as amended, includes policies that are in the public interest, will promote general
health, safety and welfare and are consistent with the 2012 Airport Land Use Compatibility Plan
for the Livermore Municipal Airport.
SECTION 2:
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this Ordinance 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 Amendments are exempt
from CEQA because the Amendments do not, in and of 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. The
Amendments, therefore, have no potential for resulting in significant physical change in the
environment, directly or ultimately.
SECTION 3:
The following Chapter shall be added to the Dublin Zoning Ordinance:
CHAPTER 8.35 AIRPORT OVERLAY ZONING DISTRICT
8.35.010 Purpose and Intent.
The purpose and intent of the Airport Overlay Zoning District is to:
A. Implement the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal
Airport in accordance with State Law and as adopted by the Alameda County Airport
Land Use Commission (ALUC).
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v _
B. Implement the City's General Plan policies to ensure that all proposed land uses within
the Airport Influence Area (AIA) are consistent with the compatibility policies of the Airport
Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport.
C. Protect land uses around the airport from potential hazards related to airport operations.
D. Identify a range of uses compatible with potential airport accident hazard and airport
noise exposure.
E. Prohibit the development of incompatible uses that are detrimental to the general health,
safety and welfare and to existing and future airport operations.
F. Require noise attenuated construction within the airport environs.
G. Comply with federal aviation administration (FAA) regulations.
8.35.020 Definitions.
For purposes of these regulations, certain words or phrases shall be interpreted as set forth in
this Chapter unless it is apparent from the context that a different meaning is intended. Where
any of the definitions of this Chapter may conflict with the definitions in Chapter 8.08
(Definitions) of the Dublin Zoning Ordinance, the definitions in Chapter 8.35 (Airport Overlay
Zoning District) shall prevail for the purposes of this Chapter.
A. Definitions (A-Z)
Airport Influence Area (AIA). The area in which current or future airport-related noise,
overflight, safety and/or airspace protection factors may significantly affect land uses or
necessitate restrictions on those uses. The Airport Influence Area is designated by the Airport
Land Use Commission (ALUC) as its planning area boundary for the airport and the two terms
can be considered synonymous.
Airport Land Use Commission (ALUC). A commission authorized under the provisions of the
California Public Utilities Code, Sections 21670 et seq. and established, in any county within
which a public-use airport is located, for the purpose of promoting compatibility between airports
and the land uses surrounding them.
Airport Land Use Compatibility Plan (ALUCP). A plan adopted by the Airport Land Use
Commission (ALUC) which sets forth policies for promoting compatibility between airports and
the land uses which surround them. This plan is sometimes referred to as an Airport Land Use
Policy Plan (ALUPP).
Airport Protection Area (APA). An area within the Airport Influence Area (AIA) established to
prevent the encroachment of incompatible land uses near the vicinity of the Livermore Municipal
Airport.
Existing Land Use. A land use that either physically exists or else for which government
approvals have been obtained through one or more of the following:
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• A valid building permit has been issued;
• A legally valid development agreement has been approved and remains in effect
pursuant to Government Code Section 65864 et seq. which provides that, "A
development agreement shall specify duration of the agreement, the permitted uses of
the property, the density or intensity of use, the maximum height and size of proposed
buildings and provisions for reservation or dedication of land for public purposes.";
• A tentative parcel or tract map has been approved and the original period, excluding
extensions, has not expired;
• A vesting tentative parcel or tract map has been approved, pursuant to Government
Code Section 66498.1(b) which "confer a vested right to proceed with development
standards in effect at the time the vesting tentative map is approved or conditionally
approved";
• A parcel or final map has been recorded; or
• A use permit, planned unit development or Planned Development zoning indicating the
permitted uses of the property, the density or intensity of use, the maximum height and
size of proposed buildings and provisions for reservation or dedication of land for public
purposes that has been approved and not yet expired.
Helipad. A small, designated area, usually with a prepared surface, on a heliport, airport,
landing/take-off area, apron/ramp, or movement area used for take-off, landing or parking of
helicopters.
Heliport. A facility used for operating, basing, housing, and maintaining helicopters.
Hospitals. Any facility other than a private physician's office or outpatient clinic, in which care is
offered to individuals who exhibit physical, emotional, or mental disability or illness. Examples
include acute care hospitals, freestanding emergency rooms, nursing homes, board and care
facilities, birthing centers, mental institutions and rehabilitation centers.
Hotels and Motels. Any structure or facility intended or suitable for short-term occupancy by
persons as a temporary dwelling. Examples include hotels, motels, bed and breakfast inns,
youth hostels, pensions, and temporary shelters.
Multifamily Residential (land use). Any project, development or other land use in which
separate families or individuals occupy dwelling units which share a common wall or a common
roof, or occupy a common legal parcel of real estate. Examples include duplexes, triplexes,
quadriplexes, apartment buildings, condominiums, townhouses and residential courts. In
addition, institutional uses such as hospitals, nursing homes, board and care facilities,
correctional institutions and boarding schools, which entail the long-term occupancy of a single
structure by unrelated individuals are considered multifamily residential.
Nonconforming Use. An Existing Land Use that does not conform to an adopted or
subsequently amended airport land use compatibility plan.
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Office Buildings (land use). Any development, regardless of structure size, which includes
significant floor space suitable for use by personnel performing or providing clerical,
professional, or financial services as a primary use. The presence of limited office space for
support of another primary function is not considered an office building under this definition.
Redevelopment. Construction of a new use (though this does not have to be a new land use
type) to replace an Existing Land Use at a density or intensity that may differ from the existing
use.
Single-Family Residential (land use). The use of land for dwellings in such manner that no
more than one primary dwelling unit is developed on each legal parcel and the size of each legal
parcel is less than one acre.
8.35.030 Applicability.
The Airport Overlay Zoning District shall apply to all lands within the Airport Overlay Zone
mapped on the official Zoning Map. The Airport Overlay Zone is coterminous with the Livermore
Municipal Airport, Airport Influence Area (AIA) as identified in Figure 3-1 and described in
Section 3.1.1 of Chapter 3 of the adopted Livermore Municipal Airport ALUCP (August 2012).
The Airport Overlay Zoning District is a designation in addition to the Planned Development
(PD) Zoning District designation that each property in the Airport Overlay Zoning District retains.
The PD Zoning District ordinance for each property contains all the information regarding
permitted and conditionally permitted uses and development standards and regulations while
the Airport Overlay Zoning District provides a mechanism to review land uses within the District
for consistency with the ALUCP for the Livermore Municipal Airport.
All permitted and conditionally permitted uses set forth in a PD Zoning District that was adopted
and in effect prior to August 2012 shall be deemed Existing Land Uses pursuant to the
Livermore Municipal Airport ALUCP. The Alameda County ALUC has no authority over Existing
Land Uses unless changes to an Existing Land Use results in an increase of non-conformity
with ALUCP policies and the change would increase the intensity or density of the use beyond
what was permitted by the Existing Land Use (Reference: ALUCP Chapter 2, Section
2.7.5.7(b)).
8.35.040 Projects Subject to Compliance with this Chapter.
A. Projects Subject to Review by the Airport Land Use Commission (ALUC). The
following land use actions shall be reviewed by the Airport Land Use Commission (ALUC)
for compliance with the Livermore Municipal Airport ALUCP prior to approval by the City
(Reference: ALUCP, Chapter 2, Section 2.6.1):
1. General Plan or Specific Plan Amendments. General Plan or Specific Plan
Amendments that propose new land uses or increase the intensity or density of
Existing Land Uses within the Airport Influence Area (AIA). Existing Land Uses are
defined in Section 8.35.020.A (Definitions A-Z) of this Chapter.
2. Zoning Ordinance Amendments. Zoning Ordinance Amendments that:
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a. Introduce a new land use (i.e. Use Type) within the AIA not contemplated
by an Existing Land Use; or
b. Increase the intensity or density of, or permitted by, an Existing Land Use
within the AIA; or
c. Involve any of the following airport-related concerns:
1. Exposure to aircraft noise;
2. Exposure of persons on the ground to accident potential;
3. Creation of obstructions to air navigation; or
4. Creation of hazards to flight such as wildlife hazards, smoke, flare,
lighting, electrical interference and thermal plumes.
3. Redevelopment. Redevelopment of a property that:
a. Replaces an Existing Land Use with a new use; or
b. Increases the intensity or density of, or permitted by, an Existing Land Use
which is consistent with the General Plan and/or Specific Plan but does not
conform to the compatibility criteria set forth in the Livermore Municipal
Airport ALUCP.
4. Airport and Heliport Plans. Any proposal for a new airport, heliport or helipad, for
public or private use, if the facility requires a State Airport Permit and any proposal
to expand an existing airport or heliport that is not included in an approved master
plan for the airport or heliport and such expansion will require an amendment to a
State Airport Permit.
B. Projects Subject to Review by the City. All ministerial actions and all discretionary
actions shall be reviewed by the City for compliance with the Livermore Municipal Airport
ALUCP and this Chapter prior to approval.
1. Ministerial Actions. Projects subject to a ministerial action including, but not
limited to, Business License applications, Building Permit applications, Zoning
Clearance applications and Site Development Review Waivers shall document
compliance with Section 8.35.050 (Development Regulations) of this Chapter prior
to approval.
a. Exceptions to Ministerial Actions. The following ministerial actions shall
be exempt from the requirements of this Chapter:
i. Business License applications for out of town businesses, home
occupations, change of owner or business name, and daily/itinerant
business licenses.
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ii. Building permit applications for projects subject to a discretionary
action where compliance has already been documented as part of
the discretionary action.
iii. All other Building Permit applications except for Commercial
Alterations.
iv. Zoning Clearance applications for temporary promotional signs.
v. Zoning Clearance applications for permanent signs when limited to
wall signs only.
vi. Temporary Use Permit applications.
vii. Heritage Tree Removal applications.
2. Discretionary Actions. Projects subject to a discretionary action including, but
not limited to General Plan Amendments, Specific Plans and Specific Plan
Amendments, Zoning Ordinance Amendments, Site Development Review Permits,
Tentative Maps, Variances, Conditional Use Permits and Minor Use Permits, shall
document compliance with Section 8.35.050 (Development Regulations) of this
Chapter and all required findings for the applicable discretionary action in addition
to those in Section 8.35.060.0 (Required Findings) of this Chapter shall be made
prior to approval of the project.
3. Referral. If, during the course of review of any ministerial or discretionary action,
the City identifies potential airport related concerns, the Community Development
Director has the authority to require that the project be referred to the Airport Land
Use Commission for review.
8.35.050 Development Regulations.
Projects subject to compliance with this Chapter shall comply with the compatibility policies and
criteria for airport related noise, public safety, airspace protection and aircraft overflight as set
forth in Section 3.3 of the Livermore Municipal Airport ALUCP (August 2012).
A. Airport Related Noise. Noise compatibility standards are intended to prevent the
establishment of noise-sensitive land uses in portions of the airport environ that are
exposed to significant levels of aircraft noise. Where permitted within the Airport Influence
Area (AIA), the following noise-sensitive land uses shall comply with applicable noise
exposure criteria.
1. Interior Noise Levels not to Exceed 45db CNEL. For the following noise-
sensitive land uses, aircraft-related, interior noise levels shall not exceed 45dB
CNEL (with windows closed):
a. Living or sleeping areas of single or multi-family residences;
b. Hotels and motels;
c. Hospitals and nursing homes;
d. Place of Worship, meeting halls, and mortuaries; and
e. Schools, libraries and museums.
2. Interior Noise Levels not to Exceed 50 dB CNEL. For the following noise-
sensitive land uses, aircraft-related, interior noise levels shall not exceed 50dB
CNEL (with windows closed):
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a. Office environments;
b. Eating and drinking establishments; and
c. Other miscellaneous commercial facilities.
B. Public Safety. Land use compatibility standards are intended to minimize the risk to
people and property on the ground as well as to people in an aircraft in the event of an
accident or emergency landing occurring outside the airport boundary.
1. Airport Influence Area (AIA). The following land uses have been determined by
the ALUCP to have a high risk of exposing persons to airport-related safety
hazards and are therefore prohibited within the AIA and the Airport Overlay Zone:
a. Field and stalk crops;
b. Dry farm and grain;
c. Forest reserves; and
d. Fish and game reserves.
The following land uses have been determined by the ALUCP to be "conditional"
within the AIA. "Conditional" means that the uses may be compatible with airport
operations depending on their location, size, bulk, height, density and intensity of
use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal Airport
ALUCP (August 2012) for conditional criteria.
a. Medium to large indoor assembly (>300<1,000 people);
b. Waterways (rivers, creeks, swamps, bays, lakes);
c. Reservoirs, quarry lakes, detention ponds, aquifer recharge, recycled water
storage, flood control or water conveyance channels; and
d. Water treatment.
2. Airport Influence Area (AIA), Safety Zone 6. The following land uses have been
determined by the ALUCP to have a high risk of exposing persons to airport-
related safety hazards and are therefore prohibited in those portions of the AIA
and Airport Overlay Zone identified as "Zone 6: Traffic Pattern Zone." Refer to
Figure 35-1 of this Chapter.
a. Schools (K-12);
b. High capacity indoor assembly (>1,000 people);
c. Large outdoor assembly (>1,000 people);
d. Orchards;
e. Power plants; and
f. Golf courses.
The following land uses have been determined by the ALUCP to be "conditional"
within those portions of the AIA identified as "Zone 6: Traffic Pattern Zone." Refer
to Figure 35-1 of this Chapter. "Conditional" means that the uses may be
compatible with airport operations depending on their location, size, bulk, height,
density and intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore
Municipal Airport ALUCP (August 2012) for conditional criteria.
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a. Commercial daycare (>6);
b. In-patient facilities (i.e. hospitals, health care facilities, non-ambulatory
medical centers, sanitariums, psychiatric facilities);
c. Congregate care facilities, ambulatory and non-ambulatory (i.e. assisted
living, convalescent, rehabilitation facilities, retirement homes);
d. Correctional facilities;
e. Low capacity indoor assembly (<300 people); and
f. Vineyards.
3. Airport Influence Area (AIA), Safety Zone 7. The following land uses have been
determined by the ALUCP to be "conditional" within those portions of the AIA
identified as "Zone 7: Area between Zone 6 and the AIA boundary." Refer to
Figure 35-1 of this Chapter. "Conditional" means that the uses may be compatible
with airport operations depending on their location, size, bulk, height, density and
intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal
Airport ALUCP (August 2012) for conditional criteria.
a. High capacity indoor assembly (>1,000 people);
b. Medium to large indoor assembly (>300 <1,000 people);
c. Large outdoor assembly (>1,000 people);
d. Waterways (rivers, creeks, swamps, bays, lakes);
e. Reservoirs, quarry lakes, detention ponds, aquifer recharge, recycled water
storage, flood control or water conveyance channels;
f. Water treatment;
g. Power plants; and
h. Golf courses.
4. Airport Protection Area (APA). The Airport Protection Area (APA) is an area
within the Airport Influence Area (AIA) that has been established to prevent the
encroachment of incompatible land uses near the Livermore Municipal Airport.
Refer to Figure 35-1 of this Chapter. The following land uses have been
determined by the ALUCP to have a high risk of exposing persons to airport-
related safety hazards and are therefore prohibited within the APA:
a. Single family residential;
b. Multi-family residential;
c. Hotels and motels; and
d. Long term lodging (i.e. dormitories, etc.).
5. Uses Considered "Conditional". Uses considered "conditional" may be
compatible with airport operations depending on their location, size, bulk, height,
density and intensity of use. The primary measure of risk exposure, for people on
the ground in the event of an aircraft accident, is the number of people
concentrated in a single area. Applications, whether ministerial or discretionary, to
establish uses considered "conditional" shall be referred to the Alameda County
ALUC for an advisory review. The ALUC will identify any design or locational
strategies that could reduce or avoid harm to those on the ground resulting from a
potential aircraft accident.
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Figure 35-1 Airport Overlay Zone
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C. Airspace Protection. Airspace protection standards are intended to reduce the risk of
harm to people and property resulting from an aircraft accident by preventing the creation
of land use features that can be hazards to the airspace used by aircraft in flight.
1. Federal Aviation Administration (FAA) Review. The following airspace
protection standards shall apply to all projects regardless of whether they are
proposed within or outside of the Airport Influence Area (AIA).
a. Proponents of a project shall notify the FAA if a proposed structure may
exceed 1-foot in height for every 100-feet from the edge of the nearest
runway for a distance up to 20,000-feet.
b. Proponents of a project shall notify the FAA if a proposed structure is more
than 200-feet above ground level at its site.
2. Other Flight Hazards. The following specific characteristics shall be avoided
within the Airport Influence Area (AIA):
a. Glare or distracting lights that could be mistaken for airport lights;
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b. Sources of dust, heat, steam, or smoke that may impair pilot vision;
c. Sources of steam or other emissions that may cause thermal plumes or
other forms of unstable air that generate turbulence within the flight path;
d. Sources of electrical interference with aircraft communications or
navigation; and
e. Features that create an increased attraction for wildlife.
D. Aircraft Overflight. Aircraft overflight standards are intended to provide overflight
notification for land uses near the Livermore Municipal Airport. It shall be the
responsibility of all owners of property offered for-sale or for-lease within the Airport
Overlay Zoning District to provide the following disclosure prior to selling or leasing
property in Dublin.
NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what is known
as an airport influence area. For that reason, the property may be subject to some
of the annoyances or inconveniences associated with proximity to airport
operations (for example: noise, vibration, or odors). Individual sensitivities to those
annoyances can vary from person to person. You may wish to consider what
airport annoyances, if any, are associated with the property before you complete
your purchase or lease and determine whether they are acceptable to you.
All discretionary actions shall include a condition of approval requiring all owners of
property offered for-sale or for-lease within the Airport Overlay Zoning District to provide
the aforementioned disclosure prior to selling or leasing property. For new residential
land uses, the overflight notification shall be recorded and appear with the property deed.
8.35.060 Procedures.
A. Approval. All ministerial and discretionary actions within the Airport Overlay Zoning
District, unless otherwise exempted in Section 8.35.040.B.1.a (Exceptions to Ministerial
Actions), shall be reviewed for consistency with the Livermore Municipal Airport ALUCP
and this Chapter prior to approval.
Projects listed in Section 8.35.040.A (Projects Subject to Review by the Airport Land Use
Commission (ALUC)) shall be referred to the Airport Land Use Commission (ALUC) for a
determination of consistency prior to approval.
Uses listed in Section 8.35.050.B (Public Safety) as "conditional" shall be referred to the
Airport Land Use Commission (ALUC) for advisory review prior to approval.
B. Overrule Provisions. Should the Alameda County ALUC deem a project inconsistent
with the Livermore Municipal Airport ALUCP, the City Council may, pursuant to Public
Utilities Code Section 21676(b), overrule the ALUC.
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C. Required Findings. Notwithstanding Section 8.35.060.B, when a project within the
Airport Overlay Zoning District is also subject to approval of a discretionary action, the
following additional findings shall all be made prior to approving the project:
1. The project complies with the noise compatibility policies of the Livermore
Municipal Airport ALUCP.
2. The project complies with the safety compatibility policies of the Livermore
Municipal Airport ALUCP.
3. The project complies with the airspace protection policies of the Livermore
Municipal Airport ALUCP.
4. The project complies with the overflight policies of the Livermore Municipal Airport
ALUCP.
SECTION 4:
The Dublin Zoning Map shall be amended to include the Airport Influence Area (AIA) boundary,
the Airport Protection Area (APA) boundary and Safety Zone 6 as shown below:
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SECTION 5: 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 this 16th day of September, 2014, by the
following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None ^
Mayor
ATTEST:
dt,/0 P(cr
City Clerk
Ord No. 19-14,Adopted 9-16-14, Item 6.2
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