HomeMy WebLinkAboutItem 6.4 OrdOutdoorSales&Actvtes (2)
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 25, 1995
SUBJECT:
REPORT PREPARED BY:
EXHIBITS ATTACHED:
BACKGROUND ATTACHMENTS
RECOMMENDATION:
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PUBLIC HEARING: PA 93-012 City of Dublin Zoning Ordinance
Amendment.. Outdoor Sales and Activities
Tasha Huston, Associate Planner ;J~
Exhibit A: L"Ordinance Amending the Dublin Zoning Ordinance
regarding outdoor sales and activities.
Exhibit B: /"Re.solutionAdopting a Negative Declaration forPA .
93-012
Exhibit C: /Resolution Adopting Zoning Ordinance Amel1dme1lt
1 : City Council R.esolution 32-93 Amending the City Council
policy on outdoor sales
2: Outdoor Sales/Activities Processing chart
3: Planning Commission Resolution Approving the Statld.atd '
Requirements for Special Events, and Typical Conditions for
Outdoor Sales not related to Dublin businesses, and for
Mobile Vendors
4: Letter from Janet Lockhart, on behalf of the Dublin Chamber
of Commerce Board of Directors
1.) Open Public Hearing and hear Staff presentation.
2) Take public testimony.
3) Question Staff and the public.
4) Close public hearing and deliberate.
5) Adopt Resolutions (Exhibits B and C)~ waive reading and
introduce the draft Zoning Ordinance Amendment regarding
PA 93..012.. outdoor sales and activities, andscbedule the
second reading for August 8, 1995; or provide direction and
continue the matter to anotberspecificCity Council meeting.
FINANCIAL ~ATEMENT: None
BACKGRO~
On March g, 1993, the City Council received a report from the Dublin Business Task Force req..-ing
modification to the current City policies to permit periodic outdoor sales by local businesses. Pursuant to
the revie* of this item, the City Council initiated a Zoning Ordinance Text Amendment to permit and
regulate outdoor sales events within the City. In August of 1994, the City Council reviewed a t~est to
consider allowing espresso vending carts in the City. After discussion and input from the Chaltiber of
Commerce, the City Council approved an expansion of the Zoning Ordinance Amendment at its August
22, 1994 meeting to consider allowing this use in the City. The Council indicated the desire to review the
outdoor sales regulations of the surrounding cities in order to respond to the changing needs of the
community. In the interim period, the City Council adopted R.esolution No. 32..93 amending the policy on
outdoor sales and permitting eligible Dublin businesses to conduct periodic outdoor sales thro",gh the
Administrative Conditional Use Permit process (see attachment 1).
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The Planning Department has surveyed several nearby cities, reviewing their regulations and procedures.
Staff has also met with the Chamber of Commerce Outdoor Sales Committee to receive input regarding
the outdoor sales issue, and related temporary outdoor events and business ventures. The Chamber of
Commerce Board of Directors wrote a letter to the Planning Commission recommending adoption of the
outdoor sales ordinance. A copy of that letter is included as attachment 4.
At the July 3, 1995 Planning Commission meeting, the Commission heard Staff's summary of the ~eh
related to the proposed Ordinance Amendment. After considering the staff's report and conductina a
public hearing, the Commission voted to adopt the Standard Requirements and Typical Condi~ relating
to the proposed outdoor sales and activities, and recommended that the City Council approve the Zoning.
Ordinance Amendment.
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lTEMNO.M
COPJES TO:
PA File
Senior Planner
Project Planner
Planning Adn1in. File
CITY
FILE:
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SUMMARY
The following report includes, under Attachment 2, a chart which lists the outdoor sales, ~..Ind uses
addressed in the study. The chart's columns identify the City's procedure for permitting the USO$, W1thU1
the chart, an "X" denotes the process currently used by the City, and an "0" denotes the pr~.
procedure.
ANALYSIS
Outdoor Sales Events/Sidewalk Sales - established Dublin busiJlesses
Requests for outdoor sales events which take place on the site of a Dublin business with an established
location are currently processed by the Planning Department through the'Adtninistrative . CQn~ Use
Permit (ACUP) process. The Resolution establishing the procedure for and frequency ofoutdoorAkls
events by Dublin businesses allows a maximum of:
(a) . Once each month during the months of July, August, or September.
(b) Once each calendar quarter during the rest of the year (October through June).
This system allows a maximum of 6 outdoor saleS events per year. The Resolution which established
these requirements is included as Attachment 1.
The proposed revisions to the Outdoor Sales regulations for sales by established businesse..mai.a1y.
involves two aspects. First, the procedure for reviewing the application would be changed fl:01n.
Administrative Conditional Use . Permit to the Zoning Clearance process. This is the sante proeess
currently used for seasonal events such as Christmas Tree sales lots, and it requires no public he8riftg.
Second, revisions to the regulations limiting the frequency of events woutdbe made more :fl~. Staff
recommends that outdoor sales events by established businesses be allowed a maximum of 6". per
year (with no quarterly restrictions) and a maximum of 4 days per event. 'this would provide.bt~
with greater :flexibility and simplicity in planning the events. Through discussions with Chalnberof.
Commerce representatives, it appears that this would provide an adequate amoUlltoftime for imIividwa'
events, and an adequate number each year.
The suggested changes to the Zoning Ordinance all. owing applications to be processed by ZoaiD&. '.'
Clearance are reflected in the Draft Ordinance Ameadment (Exhibit A). Staff has prepared StaQdard
Requirements for Special Events, which would include outdoor sales by established businessel. These
standard requirements would also apply uniformly to various temporary outdoor events such _r.mer's
markets, arts and crafts fairs, carnivals, and other festivals, with specific requirements for eaehindividual
event being addressed at the time of application. The Standard Requirements address issues lIUdlas
signage, layout of sales/event, ancill~ activities (SUCh as music or food concessions), and the various
permits necessary to operate the actiVIty (see Attachment 3-1).
Outdoor Sales Events/Sidewalk Sales - Not rellJted to establislted Dublin llu__
There ar~ currently no provisions in the Zoning Ordinance for outdoor sa,lesor sidewalk sales by
merchants who do not have an established place of business in Dublin. The City received a requ....__in
1992 from Robert Jean Art Company to hold sales in the parking lots and on the sidewalks. oflcJeal
businesses to offer merchandise supplied by the Art Company. The Council requestedinputftom the
Business Task Force, who recommellded that only Dublin-based businesses be allowed to hoW otttdoot
sales. The Council directed staff to proceed with an amendment to the ZomIlg Ordil1ance to allow .
outdoor sales based upon the input to date.
As the outdoor sales study progressed, it was expanded to address whether the City should consider
allowing the opportunity for outdoor sales by businesses not established at the site of the sale. bl the p.ut,
the Council had denied requests to allow outdoor sales of brass objects and fruit and vegetable.... Of
the nearby cities contacted while researching the outdoor sales issue, two of them, San Ramon and
Livermore, allow this type of outdoor sale in limited situations. .
If the Council wishes to allow outdoor sales in developed commercial areas by DOll-Dublin ~_.
staff suggests amending the Zoning Ordinance to incorporate a new category. The use would" .~'
as a "Temporary Outdoor Sale Not Related to O~site Established Business". It would be int~to
provide for outdoor sales of goods which are normally not available at the , proposed site, andiaorderto
provide a public service of convenience. The sale would only be allowed fors~iaI promotionJand/or
pricing not normally offered for the goods. The sales are DQt intended to provide I flea-market .type..saIe
of used or outdated goods.
An outdoor sale by a non-Dublin business would require a Conditional Use Permit (CUP) approved by the
Zoning Administrator. As with other Conditional Uses, the CUP process for this type of sale includes the
typical public notice requirement, but an additional notice would be required to be mailed to the,
businesses within 300 feet of the site. This additional notification would provide .tbttoppoIUJaityfor those
concerned to comment and state any objections to the proposal at a public hearing before the.Zouing
Administrator. The limitations on sales not related to Dublmbusinesses would be a maximum of .2
consecutive days per event, and no more than 4 events during a one-year period at OQe site.
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The C~ber of Commerce representativ~ whp met ~th sta1fwere SUfIX1~ve oftbe Pro~ ... .._
regulations because of the additional public notice reqUIrements, the more~t appti=C-'
and controls on the frequency of events. When the proposed. . Ordinance ~ was .... ..........' by ._
the Planning Commission, concerns were expressed regarding possible proWems with the~.and
appearance of non-Dublin business outdoor sales.. For example, if a v.mr~intotown.l
weekend, sets up a few tables in a parking lot, andseHs merchandise outoftbe .baCk ora vau. ~
obtaining the necessary Use Permit, the City could have enforcement problems, as wen as 1___
benefits from these sales.
In an attempt to avoid appearance problems as well as licensing loopholes. TypiealConditiou have--
developed to specifically apply to outdoor sat. by non-Dublin.. businesses... However,these.~. ... >
could not control illegal weekend sales which have not obtained a permit. lnweekead si~the
restrictions built into the permitting procedure would be ~()rceable and irrelevant. It is r~ed
that the Council determine whether this type ofactivi~ is appropriate in the City, given the ~of
the PI~ Commission. It was also suggostedtbat if the Couttcil d~ this ism ap~.._
in the City, It may be beneficial to explicitly state the certain types of outdoor vendors which ~'be
prohibited (ie: sales from the back of a van).
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The Typical Conditions which would apply to outdoor sales by ftOl'l.-Dublin busin.., to addties.\~
such as signage, layout of sale/event, ancillary activities (such as music or food concessions),... -
necessary permits, are included as Attachment 3-2 for use if the Council desires wallow this aotiVity.
Mobile Vendors
The outdoor sales events mentioned above are geared toward aQdressiDgtempotlty parking tot ad _-
sidewalk sales which take place for a limited number of days. The City_ ~ severa1~to
consider allowing outdoor food vendors, such lIS hot dogs, ice cream, or espres$O carts, which~
operate in a stationary location on an ongoing basis. These vendors have mdicated the desire to .~
within existing commercial shopping centers and service stations. Several of the surrounding .... were
SUlVeyed, and most have provided a mechanism for these vendors to operate in the city.
Staff recommends that mobile vendors be regulated through the Conditional Use PermitprQCell, .with
approval by the Zoning Administrator. Cotlditional Use Permit$ would.:be issued for up to o. )"far at a
time, with subsequent annual reviews and extensions if all conditions continue to be met. This wOlld
allow the City to regulate the number of food vendors located within a shopping. ..ter, as well. pta.oe
appropriate conditions upon the use to ensure compatibility with adjacent businesses.
Draft Typical Conditions specifically relating to mobile vendors have been developed to address ...
such as signage, location of the vending operation, and the various permits necessary to GpfnteJlle
activity (see Attachment 3-3).
Other chanses to Ordinance - Arts & Crafts Fai~ Carnivals.. at1d Farmer's ~et$(S~~)
Staffis also recommending that the Zoning Ordinance Amendment indude revising the pr<Joe$$tJy ~
the above Special Events are processed. Currently, these activities would require the i~9fa
Conditioilal Use Permit approved by the Zoning Admmistratot. The sugeetod'cbanges wouJG.......
processing by Zoning Clearance, which would signifiamtly stroamline the process by not ~apuWic,
hearing. Standard Requirements for Special Events. general, as weU as speeifie requiremeatl~.
to individual activities, would be applied to the Special Event permit request (see Atta.ebnlent 3,..1).
Citywide Events
During the assessment of the Zoning Ordinance Provisions for outdoor sales and temporary~, tho
issue of city-wide events such as the St. Patrick's Day Celebration was disc\lssed. In the past dUtype or
City-sponsored event has been approved by the City Council on an individual, special request .baIit. StaIf
recommends that the currentpr0ces8ing for city-sponsored speci.llIevents ~.
CONCLUSION
The changes to the Dublin Zoning Ordinancediseussed above would provide the O~lo aiJow
mobile vendors in the City where appropriate. It WOU.ld also provide a '111011. e. . ~(H. '. at.. ". review for
temporary outdoor activities, with greater simplicity and flexibility for Dublin ~ses.
RECOMMENDATION
Staff recommends that the City Council adQpt the attached r~ns ~ aN.gative~
for PA 93-012 ~bit B), approving the Zoning Ordimmce Amendment fi)rou~ tales and ~
(Exhibit C), WaIve the reading and introduce the draft Zoning Ordinance Amendment (Exhibit A), and .
schedule the Second Reading for the August 8, t 995 CityCouncilmoetinS.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN PROVISIONS OF
THE ZONING ORDINANCE RELATING TO
OUTDOOR SALES
The City Council of the City of Dublin does hereby ordain as follows:
1 Section 8.45.2 CONDITIONAL USES: H-l DISTRICT of the City of Dublin Zoning Ordinance, is
hereby amended to read as follows:
" 8-45.2 Conditional Uses: H-l Districts. In addition to the uses listed in Sections 8-60.60
TEMPORARY USES: CONDITIONAL USES and 8-61.0 CONDITIONAL USES: ALL DISTRICTS,
the following are Conditional Uses in H-l Districts, and shall be permitted only if approved by the
Planning Commission or Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES:
A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
1. Retail store for the sale of gifts and supplies oriented to the needs of the patrons of hotels,
motels and restaurants and of highway travelers;
2. Commercial recreation facilities, if within an enclosed building;
3. Plant nursery, greenhouse;
4. Parking lot;
5. Drive-in Theater, Drive-in Business;
6. Service Station, Type A and Type B;
7. Motel; Hotel.
8. Recreational Vehicle Park; as regulated by Article 5 of this Chapter.
9. Boat and Recreational Vehicle Storage yard.
10. Adult Entertainment Activity provided, however, that no Adult Entertainment Activity shall
be located closer than 1,000 feet to the boundary of any residential zone or closer than
1,000 feet to any other Adult Entertainment Activity.
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions
for said use
2. Outdoor Sales Not related to On-Site Established Business, in accordance with adopted
City of Dublin Typical Conditions for said use" *
II. Sections 8-46.2.B. "3)" and "4)" are hereby added to Section 8-46.2 CONDITIONAL USES: C-O
DISTRICT of the City of Dublin Zoning Ordinance, to read as follows:
"3) Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions
for said use
4) Outdoor Sales Not Related to On-Site Established Business, in accordance with adopted
City of Dublin Typical Conditions for said use"
III. Sections 8-47.2.B."I)" and "2)" are hereby added to Section 8-47.2 CONDITIONAL USES: C-N
DISTRICTS of the City of Dublin Zoning Ordinance, to read as follows:
"1) Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions
for said use
2) Outdoor Sales Not Related to On-Site Established Business, in accordance with adopted
City of Dublin Typical Conditions for said use"
EXHIBIT A
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IV. Sections 8-48.2.B. "2)" and "3)" are hereby added to Section 8-48.2 CONDITIONAL USES: C-l
DISTRICTS of the City of Dublin Zoning Ordinance, to read as follows:
"2). Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions
for said use
3) Outdoor Sales Not Related to On-Site Established Business, in accordance with adopted
City of Dublin Typical Conditions for said use"
V. Sections 8-49.2 .B. "2)" and "3)" are hereby added to Section 8-49.2 CONDITIONAL USES: C-2
DISTRICTS of the City of Dublin Zoning Ordinance, to read as follows:
"2). Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions
for said use
3) Outdoor Sales Not Related to On-Site Established Business, in accordance with adopted
City of Dublin Typical Conditions for said use"
VI. Sections 8-50.3. CONDITIONAL USES: M-P DISTRICTS of the City of Dublin Zoning Ordinance, is
hereby amended to read as follows:
"Section 8-50.3 CONDITIONAL USES: M-P DISTRICTS. In addition to the uses listed in Sections
8-60.60 TEMPORARY USES: CONDITIONAL USES and 8-61.0 CONDITIONAL USES: ALL
DISTRICTS, the following are Conditional Uses in an M-P District, and shall be permitted only if
approved by the Planning Commission or Zoning Administrator pursuant to Section 8-94.0
CONDITIONAL USES:
A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
1. Public Utility Building, or Structure, but not including service yard, storage of materials,
or vehicles, or repair facilities;
2. Parking Lot:
3. Other Uses which are found by the Zoning Administrator to meet the requirements of
Section 8-50.1 of this Article.
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions
for said use
2. Outdoor Sales Not Related to On-Site Established Business, in accordance with adopted
City of Dublin Typical Conditions for said use"
VII. Sections 8-51.3.B. "3)" and "4)" are hereby added to Section 8-51.3 CONDITIONAL USES: M-l
DISTRICTS of the City of Dublin Zoning Ordinance, to read as follows:
"3) Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions
for said use
4) Outdoor Sales Not Related to On-Site Established Business, in accordance with adopted
City of Dublin Typical Conditions for said use"
VIII. Sections 8-52.2. CONDITIONAL USES: M-2 DISTRICTS of the City of Dublin Zoning Ordinance is
hereby amended to read as follows:
"Section 8-52.2 CONDITIONAL USES: M-2 DISTRICTS. In addition to the uses listed in Sections 8-
60.60 TEMPORARY USES: CONDITIONAL USES and 8-61.0 CONDITIONAL USES: ALL
DISTRICTS, the following are Conditional Uses in an M-2 District and shall be permitted only if
approved by Planning Commission or Zoning Administrator, pursuant to Section 8-94.0 CONDITIONAL
USES:
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A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
1. Restaurant, retail store, or personal service establishment, when necessary to serve the
needs of the occupants of existing industrial buildings or employees in the immediate
vicinity:
2. Dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or
refuse;
3. Salvage Yards;
4. Manufacture or bulk storage of acid, cement, explosive materials, fireworks, fertilizer, gas,
glue, gypsum, lime or plaster of Paris;
5. Abattoir, stockyard;
6. Kennel, animal hospital, menagerie (collection of wild or strange animals);
7. Drive-in Theater, amusement park, rate track;
8. Service Station, Type A or Type B;
9. Housemovers storage yard.
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions
for said use.
2. Outdoor Sales Not Related to On-Site Established Business, in accordance with adopted
City of Dublin Typical Conditions for said use"
IX. Section 8.60.60.1 TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES of the City of
Dublin Zoning Ordinance is hereby amended to read as follows:
" Section 8-60.60.1 TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES. In any
District, minor temporary uses of land of a duration of 60 days or less, except as otherwise provided
herein, having negligible or no permanent effects on the environment and that are categorically exempt
from CEQA shall be permitted only if an Administrative Conditional Use Permit is approved by the
Planning Director pursuant to Section 8-60.60.1.B TEMPORARY USES: ADMINISTRATIVE
CONDITIONAL USES.
A. Temporary Uses requiring Administrative Conditional Use Permit approval shall include, but not
be limited to, the following:
1. A single newspaper recycling bin for up to one year, sponsored by a Dublin-based bona-
fide church, school, neighborhood group or Dublin-based non-profit, non-restrictive civic
or service organization as an accessory use to a lawfully existing principal use;
2. Firewood sales lots in the A District (but no such permit shall be approved for a period to
exceed one year);
3. Mobile home occupancy for a period of 1 year during construction of permanent living
quarters on the same premises in any A or R District;
4. Occupancy of a commercial office trailer for a period not to exceed one year in any C or
M District;
5. Tract and sales office/model complex with accessory signs during the period of
construction and original sale of the buildings or lots in a new subdivision.
B. The Planning Director shall make such investigations as are necessary to determine whether or not
the proposed use conforms or may be conditioned to conform to the requirements and intent of
this Chapter. If from the information submitted or developed upon investigation the Planning
Director finds that compliance with the requirements and intent of this Chapter will be secured,
the Administrative Conditional Use Permit shan be approved. Ifit is found that such compliance
is not secure, the Permit shan be denied or approved subject to such specified conditions, changes,
or additions as will assure such compliance. The order approving, conditionally approving, or
disapproving an Administrative Conditional Use Permit shall become effective five (5) days after
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the date of such action unless a written appeal is filed pursuant to the procedure specified in
Section 8-102 APPEALS."
XI. Sections 8-60.60.3. TEMPORARY USES. ZONING CLEARANCE ofthe City of Dublin Zoning
Ordinance, is hereby amended to read as follows:
"Section 8-60.60.3 TEMPORARY USES. ZONING CLEARANCE. In any District, the following
minor temporary uses of land of a duration of 60 days or less having negligible or no permanent
effect on the environment and that are categorically exempt from CEQA shall be permitted only if
Zoning Clearance is given by the Planning Director. The Planning Director shall give Zoning
Clearance upon determination that the proposed use is in compliance with the City of Dublin
"Standard Requirements" for said use:
1. Seasonal/Holiday Sales Lots, including, but not limited to, Christmas Tree Sales, Pumpkin
Patch/Sales Lot, or other seasonal/holiday sales lot as determined by the Planning Director.
2. Special Events, including, but not limited to, Arts & Crafts Fairs, Carnivals, Farmers Markets,
Festivals, Outdoor ("Sidewalk") Sales/Promotional Events by Dublin businesses having an
established location, Neighborhood/Church/School Festivals, Recreational Events, Expositions
and Street Fairs; and exempting City-sponsored events such as the annual St. Patrick's Day
Celebration. .
3. Temporary construction trailer."
* NOTE: TEXT IN ITALICS INDICATES NEW WORDING
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************
ADOPTING A NEGATIVE DECLARATION
FORPA 93-012 ZONING ORDINANCE AMENDMENT RELATED TO
OUTDOOR SALES AND ACTIVITIES
WHEREAS, on March 8, 1993, the City Council received a report from the
Dublin Business Task Force requesting modification to the current City policies to permit
periodic outdoor sales by local businesses; and
WHEREAS, pursuant to the review of this item, the City Council initiated a
Zoning Ordinance Text Amendment to permit and regulate outdoor sales events within the
City; and
WHEREAS, on March 8, 1993 the City Council adopted Resolution No. 32-93
amending the policy on outdoor sales and permitting eligible Dublin businesses to conduct
periodic outdoor sales through the Administrative Conditional Use Permit process in the
interim period; and
WHEREAS, on August 8, 1994, the City Council reviewed a request to consider
allowing espresso vending carts in the City; and
WHEREAS, after discussion and input from the Chamber of Commerce, the City
Council approved an expansion of the Zoning Ordinance Amendment at its August 22,
1994 meeting to consider allowing espresso vending carts in the City; and
WHEREAS, a draft ordinance has been prepared amending the Zoning Ordinance
to include definitions of the various outdoor sales uses and activities and to identify these
uses as Conditional Uses and Temporary Uses; and
WHEREAS, the California Environmental Quality Act (CEQA), State CEQA
Guidelines and City Environmental Guidelines require that certain projects be reviewed for
environmental impacts and that environmental documentation be prepared; and
WHEREAS, an Initial Study was conducted finding that the project would not
have a significant effect on the environment; and
WHEREAS, a Negative Declaration has been prepared for this project; and
. WHEREAS, public notice of the Negative Declaration was given in all aspects as
required by State Law; and
WHEREAS, the Planning Commission did review and consider the Negative
Declaration, all staff reports, recommendations, and testimony submitted at the Public
Hearing hereinabove set forth at a Public Hearing on July 3, 1995; and
EXHIBIT B
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WHEREAS, the Planning Commission recommended City Council approval of
the Negative Declaration and the Zoning Ordinance Amendment, approved the Standard
Requirements for the Zoning Clearance uses, and approved Typical Conditions for the
Temporary Conditional uses as recommended; and
WHEREAS, the City Council held a public hearing on said application on July 25,
1995; and
WHEREAS, proper notice of said public hearing was given in all respects as
required by law; and
WHEREAS, the City Council did hear and consider an said reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council
does hereby find that:
1. The project will not have a significant effect on the environment.
2. The Negative Declaration has been prepared and processed in accordance
with State and local environmental laws and guideline requirements.
3. The Negative Declaration is complete and adequate.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby
adopt the Negative Declaration for PA 93-012 Zoning Ordinance Amendment Outdoor
Sales and Activities.
PASSED, APPROVED AND ADOPTED this 25th day of July, 1995.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************
ADOPTING PA 93-012
ZONING ORDINANCE AMENDMENT RELATED TO
OUTDOOR SALES AND ACTIVITIES
WHEREAS, on March 8, 1993, the City Council received a report from the
Dublin Business Task Force requesting modification to the current City policies to permit
periodic outdoor sales by local businesses; and
WHEREAS, pursuant to the review of this item, the City Council initiated a
Zoning Ordinance Text Amendment to permit and regulate outdoor sales events within the
City; and
WHEREAS, on March 8, 1993 the City Council adopted Resolution No. 32-93
amending the policy on outdoor sales and permitting eligible Dublin businesses to conduct
periodic outdoor sales through the Administrative Conditional Use Permit process in the
interim period; and
WHEREAS, on August 8, 1994, the City Council reviewed a request to consider
allowing espresso vending carts in the City; and
WHEREAS, after discussion and input from the Chamber of Commerce, the City
Council approved an expansion of the Zoning Ordinance Amendment at its August 22,
1994 meeting to consider allowing espresso vending carts in the City; and
WHEREAS, a draft ordinance has been prepared amending the Zoning Ordinance
to include a definition of the various outdoor sales uses and activities and to identify these
uses as Conditional Uses and Temporary Uses; and
WHEREAS, the Planning Commission did hold a public hearing on said draft
ordinance on July 3, 1995; and
WHEREAS, proper notice of said public hearing was given in all aspects as
required by State Law; and
WHEREAS, said draft ordinance has been reviewed in accordance with the
California Environmental Quality Act (CEQA) and a Negative Declaration has been
prepared for this project finding that the project would not have a significant effect on the
environment; and
WHEREAS, a staff report was submitted recommending the Planning
Commission recommend City Council approval of said draft ordinance; and
WHEREAS, after considering all staff reports, recommendations, and testimony
submitted at the Public Hearing hereinabove set forth, the Planning Commission
EXHIBIT C
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recommended City Council approval of the Negative Declaration and Zoning Ordinance
Amendment for PA 93-012 - Outdoor Sales and Activities, approved Standard
Requirements for the Zoning Clearance uses, and approved Typical Conditions for the
Temporary Conditional uses as recommended; and
WHEREAS, the City Council held a public hearing on said application on July 25,
1995; and
WHEREAS, proper notice of said public hearing was given in an respects as
required by law; and
WHEREAS, the City Council did hear and consider an said reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council
does hereby find that the draft ordinance amendment is consistent with the stated purpose
and objectives of the City's Zoning Ordinance, Municipal Code, and General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby
adopt PA 93-012 Zoning Ordinance Amendment for Outdoor Sales and Activities.
PASSED, APPROVED AND ADOPTED this 25th day of July, 1995.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. 32 - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***************************
AMENDING THE CITY COUNCIL POLICY ON OUTDOOR SALES
AND AUTHORIZING APPROVAL SUBJECT TO SECTION 8-60.60.1
OF THE ZONING ORDINANCE
\~HEREAS, In 1984, the City council was requested to interpret the
zoning Ordinance related to the Temporary approval of outdoor sales; and
\~HEREAS, The City council found that subject to section 8-48.9 of
the Zoning Ordinance all retail sales should take place within a
building; and
\~HEREAS, The City council expressed concern with unfair
competition for those businesses which operated from a building; and
WHEREAS, The City Council also .noted that outdoor peddlers can
generate traffic and other enforcement problems; and
IvHEREAS, The City Council has received a report from the Dublin
Business Task Force, which encourages a modification to allow local
businesses to conduct periodic outdoor sales; and
\~nEREAS, Section 8-60.60.1 of the City Zoning Ordinance provides
for the approval of minor temporary uses through the issuance of an
ninistrative Conditional Use Permit (ACUP); and.
\~HEREAS, The City Council is enacting this policy change as a
temporary measure to allow for the approval of periodic outdoor sales
during the time required to consider and implement a revision to the
Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby declare that it has interpreted section 8-60.60.1 of
the City of Dublin Zoning Ordinance, to allow for the approval of
periodic outdoor sales conducted adjacent to the individual Dublin
business.
BE IT FURTHER RESOLVED that any business conducting such a sale
shall be required to comply with all application requirements,
conditions of approval, and other City regulations.
BE IT FURTHER RESOLVED that the City Council finds that an eligible
business may request permission to conduct periodic outdoor sales
pursuant to this policy, provided that the frequency does not exceed:
(a) Once each month during the months of July, AUgust, or
September.
(b) Once each three months during the following calendar quarters:
First Quarter: January / February / March
Second Quarter: April/May / June
Fourth Quarter: October / November / December
A TT ACHl\1ENT 1
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, 'V individual business which conducts outdoor sales which exceed the
~quency as stated above, shall not be considered a Temporary Use
subject to this policy.
BE IT FURTHER RESOLVED that this resolution shall supersede
previous City Council policy related to conducting of Outdoor Sales by
Dublin businesses.
PASSED, APPROVED AND ADOPTED this 8th day of March, 1993.
AYES:
Councilrnernbers Houston, Howard, Moffatt, and Mayor
Protempore Burton.
NOES:
None
.~BSENT :
Mayor Snyder
~I./-')' / J-" ) '7 ~
I .~
i~{t.:(/-L c;J.~ t: l:c<<~,
Hayor Prote:upore
ATTESO ,cXc}L
. ~ Cl 'k
~.. e~
OUTDOOR SALES / ACTIVITIES PROCESSING
DUBLIN
PROCESS
USED
NOT
PERMITTED
PERMITTED ZONING ADMINISTRATIVE
CLEARANCE CONDillONAL
USE PERMIT
(ACUP)
CONDillONAL
USE PERMIT -
ZONING
ADMINISTRATOR
APPROVAL
CONDillONAL
USE PERMIT -
PLANNING
COMMISSION
APPROVAL
PUBLIC
HEARING
& NOTICE
REQUIRED
MOBILE VENDORS X 0 0 -II
(ONGOING, STATIONARY)
CHRISTMAS TREE SALES X
PUMPKIN PATCH SALES X
ARTS & CRAFTS FAIRS 0 X
CARNIVALS 0 X
SCHOOL, CHURCH, & X
NEIGHBORHOOD FESTIVALS
FARMERS MARKETS, X
SPECIAL COMMUNITY EVENTS
ON-SITE OUTDOOR SALES 0 X
BY ESTABLISHED BUSINESS
ie: Toys-R-Us iTarget
OUTDOOR SALES NOT RELATED X 0 0
TO ON-SITE ESTABLISHED r
BUSINESS
ie:BrassiLaser ArtiLevi's --
ROVING TRUCK VENDORS X
>
1-3
~
n
==
a=
t!j
z
1-3
N
LEGEND
x = Process used currently
o = Proposed process
JUNE 1995
G:\P A#\1993\930 12\outmtrx,doc
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
---------------------------------------------------------------------------------------........------------------------
APPROVING STANDARD REQUIREMENTS
FOR ZONING CLEARANCE USES ("SPECIAL EVENTS")
AND TYPICAL CONDITIONS FOR CONDITIONAL USES
( "MOBILE VENDORS" AND "TEMPORARY OUTDOOR SALES/SIDEW ALK SALES
NOT RELATED TO ON-SITE ESTABLISHED BUSINESS")
WHEREAS, at the March 8, 1993, City Council meeting, the Council received a report from the
Dublin Business Task Force requesting modification to the current City policies to permit periodic outdoor
sales by local businesses; and
WHEREAS, pursuant to the review of this item, the City Council initiated a Zoning Ordinance
Text Amendment to permit and regulate outdoor sales events within the City; and
WHEREAS, on March 8, 1993 the City Council adopted Resolution No. 32-93 amending the
policy on outdoor sales and permitting eligible Dublin businesses to conduct periodic outdoor sales
through the Administrative Conditional Use Permit process in the interim period; and
WHEREAS, on August 8, 1994, the City Council reviewed a request to consider allowing
espresso vending carts in the City; and
WHEREAS, after discussion and input from the Chamber of Commerce, the City Council
approved an expansion of the Zoning Ordinance Amendment at its August 22, 1994 meeting to consider
allowing espresso vending carts in the City; and
WHEREAS, a draft ordinance has been prepared amending the Zoning Ordinance to include a
definition of the various outdoor sales uses and activities and to identify these uses as Conditional Uses
and Temporary Uses; and
WHEREAS, the Planning Commission did hold a public hearing on said draft ordinance on July
3, 1995; and
WHEREAS, proper notice of said public hearing was given in all aspects as required by State
Law; and
WHEREAS, said draft ordinance has been reviewed in accordance with the California
Environmental Quality Act (CEQA) and a Negative Declaration has been prepared for this project finding
that the project would not have a significant effect on the environment; and
WHEREAS, a staff report was submitted recommending the Planning Commission recommend
City Council approval of said draft ordinance; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony hereinabove set forth, and the Planning Commission recommended that the City Council
adopt PA 93-012 Zoning Ordinance Amendment Outdoor Sales and Activities; and
ATTACHMENT 3
tit
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WHEREAS, the ordinance amendment identifies "SPECIAL EVENTS" as subject to Zoning
Clearance approval, and identifies "TEMPORARY OUTDOOR SALES/SIDEWALK SALES
NOT RELATED TO ON-SITE ESTABLISHED BUSINESS" AND "MOBILE VENDORS" as subject to
Conditional Use Permit approval by the Zoning Administrator; and
WHEREAS, to implement the ordinance amendment, Standard Requirements for the above-
referenced uses must be established; and
WHEREAS, the staff report was submitted and recommended approval of the draft Standard
Requirements and Typical Conditions for the above-referenced uses; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations,
and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby approve the Standard Requirements for Zoning Clearance and Typical Conditions for the
Conditional Uses as shown on Attachments I through 3 as follows:
1. STANDARD REQUIREMENTS FOR SPECIAL EVENTS, subject to Zoning Clearance
approval
2. TYPICAL CONDITIONS FOR TEMPORARY OUTDOOR SALES/SIDEWALK
SALES NOT RELATED TO ON-SITE ESTABLISHED BUSINESS, subject to
Conditional Use Permit approval by the Planning Director
3. TYPICAL CONDITIONS FOR MOBILE VENDORS, subject to Conditional Use Permit
approval by the Planning Director
PASSED, APPROVED AND ADOPTED this 3rd day of July, 1995.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
~~ffi
Planning Director ~
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CITY OF DUBLIN ZONING CLEARANCE
STANDARD REQUIREMENTS FOR TEMPORARY USES - SPECIAL EVENTS
An approved Zoning Clearance for a Special Event activity shall comply with all of the following Standard
Requirements unless a requirement is specifically noted as waived and initialed by a City of Dublin Planner:
1. Each individual event shall be limited to a maximum number of consecutive days, and a maximum
number of events per year, or months each year in which the event may take place. The limitations
on hours and days will be established upon review of the individual event application. See below
sections of Intent and Specific Requirements for applicable limitations.
2. In addition to these standard requirements, each event shall comply with the intent and specific
requirements appropriate to the event category, including but not limited to Arts & Crafts Fairs,
Carnivals, Outdoor Sales and Promotional events, Neighborhood/School/Church Festivals, Farmers
Markets,.etc., as listed below.
3. Along with the information provided in the required Zoning Clearance application, a detailed
description of the proposed event shall be submitted, including at a minimum:
a. A list of merchandise and/or type offood to be offered for sale;
b. Proposed hours of operation;
c. Proposed lighting and type of power source needed;
d. Any chemicals to be used.
e. Certificate of Insurance naming the City of Dublin as additional insured in the amount of One
Million Dollars ($1,000,00.00),
4. For outdoor events, a simple site plan or drawing depicting the address and the general location of
the event shall be submitted to the City of Dublin Planning Department for approval at least five (5)
days prior to the event. This plan may be modified or supplemented by the Applicant upon submittal
of a revised plan reviewed and approved by the Planning Director, if submitted within a reasonable
amount of time prior to the event. Applications for indoor events shall identifY the address where the
event will be conducted.
5. All equipment and booths used at the event shall not obstruct pedestrian movement on the sidewalk,
nor obstruct existing vehicular access or driver's sight distance, nor block fire protection appliances
or fire lanes, and shall be kept clear of all building entrances. The event shall not cause pedestrian
traffic to be shifted into the driveway or fire lane aisles.
6. Barricades (pylons, rope, vinyl tape, etc.) shall be installed around the perimeter of the event area to
separate people and facilities within the area from vehicular and pedestrian traffic outside the area.
7. Where fenced enclosures are to be used, exits in the enclosure must be provided for every 200 feet of
perimeter, with a minimum of 2 exits provided.
8. No event may involve facilities which make permanent changes to the area, such as bolting items to
the ground or other street furnishings.
9. Any traffic control necessary in the public right-of-way shall be reviewed and approved by the Dublin
Police Services. If any public streets will be closed or significantly affected, signs shall be posted
alerting motorists of parking prohibitions along the affected streets.
10. Signage to be used for and at the event shall be limited to two (2) on-site signs no larger than 24
square feet each, and shall not be erected within the public right-of-way. All signage is subject to the
review and approval of the Planning Director prior to issuance of the Special Event permit. Unless
otherwise approved, signs shall not be put up prior to the beginning date of the event.
ATTACHMENT 3-1
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11. Additional promotional signage to be placed prior to the event may be requested subject to a
separate Zoning Clearance application review for Temporary Promotional Signs. Plans for any
additional promotional signs for use at the event (including balloons, banners, or identification signs)
shall be submitted to the Planning Director for review and approval a minimum offive (5) days prior
to the beginning of the event.
12. The placement of unapproved or unauthorized signs on the site shall result in revocation of the
Zoning Clearance approval.
13. Approved signs shall be attached to posts, fencing or walls so that they will be secure and will not
present a safety hazard. The signs shall not block pedestrian or motor vehicle drivers' view of roads,
sidewalks or the parking lots.
14. Signs having blinking, flashing, fluttering lights or any other illuminating devices that change light
intensity, brightness or color are prohibited.
15, If a searcWight will be used for the event, it shall be located on the site plan, within the area
designated for the event, and shall not obstruct vehicular traffic on site, nor create a distraction to
traffic on surrounding streets.
16. An electrical permit shall be obtained from the Dublin Building Department if any exterior lighting is
to be installed. All indirect lighting shall be glare shielded.
17. The applicant shall be responsible for the cost of providing adequate traffic control and security on
site. The event application and plan shall be submitted to the Dublin Police Services for review and
determination of the number of personnel required to ensure safety during the event, allowing
adequate review time prior to issuance of the Special Event permit.
18. Operation of the event shall be conducted so as not to create a nuisance to adjacent properties.
19. Loudspeakers or amplified music shall be prohibited prior to 10:00 a,m. or after 9:00 p.m., and
excessive noise audible off-site shall be subject to the requirements of the Dublin Police Department.
20. The event set-up shall begin no earlier than 8:00 a.m.
21. Hours for public attendance shall be no earlier than 9:00 a.m. and no later than 11 :00 p.m., or as
restricted for the individual permit.
22. Adequate trash receptacles shall be provided both within and around the event activities.
23. The site and adjacent parking lot area shall be kept free of trash and debris at all times.
24. All merchandise, fencing display equipment, debris, etc. shall be removed from the site, and the site
restored to a clean and orderly condition, by 8:00 a.m. the day following the last day of the event.
25. If the event includes offering alcoholic beverages for sale, the necessary permits shall be obtained
and approved by the Police Department and Alcoholic Beverage Control Board prior to the event.
Information necessary for approval of the permit by the Police Department must be submitted to the
City at the time the Special Events Permit application is submitted.
26. Restroom facilities shall be made available to those attending the event.
27. The event location, equipment and booths shall be reviewed by and comply with the requirements of
the Dougherty Regional Fire Authority (ORF A). The Applicant shall comply with the Dougherty
Regional Fire Authority Outdoor Assembly Guidelines, and the following conditions:
a. A 20' fire lane must be provided around the exterior of the event. This lane shall be free of
parking and other obstructions at all times. (continues)
2
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b. All entrances into and out of the event area shall remain unobstructed. Temporary "No
Parking/No Stopping" signs shall be posted along the driveway entrances, drive aisles and fire
lanes to ensure the area is kept clear
c. Vendor stands and booths may be no higher than 10 feet.
d. Each vendor stand involving cooking or heating food shall be equipped with a fire
extinguisher.
e. If any tents are proposed to be used, the Applicant must obtain a separate permit from the
DRF A for the tent, prior to its installation. The applicant must furnish to the DRF A an
affidavit of the tent's flame retardency.
28. All food booths/concessions shall obtain applicable permits from the Alameda County Health Care
Services Agency - Environmental Health Department, Temporary Food Permits Section (Phone Ron
Berry at 567-6700) prior to the event.
29. All booths and tables shall be stable and secure. The applicant shall contact the City of Dublin
Building Department to determine whether any building permits are required. Necessary permits
must be obtained at least 5 days prior to the event.
30. The Applicant shall obtain a City Business License prior to the effective date of permit.
31. Any damage to public or private facilities in or around the event resulting from the special event
operation shall be the responsibility of the event operators to correct. All associated costs will rest
solely with the project sponsor.
32. The Zoning Clearance Application shall indicate the name of a person who will be present at the
event and who shall be designated as the Event Operator. This person shall be available before and
during the event and shall have authority to make decisions and changes regarding the event
operation as problems arise.
33. The applicants and Event Operator shall ensure that the event maintains compliance with all
applicable laws and regulations relating to the use/event.
34. The Zoning Administrator shall make the following Required Findings prior to approving a Zoning
Clearance for Special Events:
a.
b.
The use is required by the public need
The use will be properly related to other land uses and transportation and service facilities in
the vicinity, and be compatible to the type and nature of operations typically found in the
neighborhood.
The event, under all circumstances and conditions of its use, will not adversely affect the
Public Health, Safety, and Welfare, nor be materially detrimental to persons residing or
working in the vicinity, or injurious to property or improvements in the neighborhood as all
applicable regulations will be met.
The use shall not be contrary to the specific intent clauses or performance standards
established for the district in which it is to be located.
The proposed event will not adversely affect automobile and pedestrian safety, or the
provision of adequate parking on site;
The proposed event will be aesthetically pleasing;
c.
d.
e.
f
35. EXCEPTIONS: The Zoning Administrator may grant minor exceptions to the standard
requirements and regulations, provided that the Required Findings above can still be made.
36. At any time during the effectiveness of the Zoning Clearance approval, the approval may be
revocable for cause, Any violation of the terms or standard requirements for the Zoning Clearance
use shall be subject to citation.
37. All Zoning Clearance decisions of the Zoning Administrator are subject to interpretation, review, and
appeal as provided for in the City of Dublin Zoning Ordinance.
3
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I I ARTS & CRAFTS FAIRS - INTENT AND SPECIFIC REQUIREMENTS
1. An Arts & Crafts Fair shall be defined as 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 church, school, neighborhood group, or non-profit,
non-restrictive civic or service organization.
2. Each individual Arts & 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.
I I CARNIVALS - INTENT AND SPECIFIC REQUIREMENTS
1, A carnival shall be defined as 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.
2. Each individual carnival event shall be limited to a maximum of 2 consecutive days, and no business
or sponsor may participate in more than 2 events during a one-year period.
3 . Valid permits for each amusement ride shall be obtained and displayed as required by the State
Department of Industrial Relations. .
4. Only games of skill are permitted (games of chance are not permitted) and shall be available for
inspection to the Dublin Police Department or other appropriate government agency.
5. Applicant shall submit to the City of Dublin a $500 cash or cashier's check deposit to ensure a
thorough clean up of the area.
I I FARMERS MARKETS - INTENT AND SPECIFIC REQUIREMENTS
1. Farmers Markets shall be defined as events offering for sale produce, food items, and related goods
and merchandise by certified growers authorized to sell, directly to the consumer, products which are
produced upon land which the producer controls.
2. Each individual Farmers Market shall be limited to a maximum number of consecutive days, and a
maximum number of events per year, or months each year in which the event may take place. The
limitations on hours and days will be established upon review of the individual event application.
3. If the market layout involves sales from vehicles, the event operator shall be responsible for ensuring
that the vehicles are maintained in a safe and secure condition, and that the vehicles are not moved
while the event is in progress without the permission of the event operator.
4. Each vendor shall provide at least one 3D-gallon or larger trash receptacle adjacent to the vendor
area and shall keep the immediate area neat and clean of trash, debris, and food.
I ~ OUTDOOR SALES BY ESTABLISHED BUSINESSES - INTENT AND SPECIFIC
- REQUIREMENTS
1. An outdoor sale by established business shall be defined as an event which offers for sale goods and
merchandise which are of the same type as the merchandise sold in the indoor business at the site.
Promotional give-aways, such as free food, are allowed if they are related and subsidiary to the sale.
2. Each individual outdoor sales event shall be limited to a maximum of 4 consecutive days, and no
business may participate in more than 6 events during a one-year period.
3. All sales merchandise shall be brought into the store or otherwise removed at night for security.
g:\ord\outdoor\std-evnt.doc
4
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CITY OF DUBLIN CONDITIONAL USE PERMIT
REVIEWED BY ZONING ADMINISTRATOR
TYPICAL CONDITIONS FOR TEMPORARY OUTDOOR SALES/SIDEWALK SALES
NOT RELATED TO ON-SITE ESTABLISHED BUSINESS
(4EVENTSPERYEAR/2DAYS~PEREVENT)
An approved Conditional Use Permit for the above use shall require compliance with all of the following
Standard Requirements unless a requirement is specifically noted as waived and initialed by the Zoning
Administrator:
1. Each individual outdoor sales event shall be limited to a maximum of 2 consecutive days, and no
business or sponsor may participate in more than 4 events during a one-year period at one site.
2. A "temporary outdoor sale not related to on-site established business", also known as a "sidewalk
sale" is intended to provide for the limited opportunity for outdoor sales of goods at a developed
commercial site in the City. The outdoor sale of goods may not normally be offered at that site,
but should be in order to provide a public service of convenience, and only occur for special
promotions and pricing not normally offered for the goods. The sales are not intended to provide
a flea-market type sale of used or outdated goods,
3. Along with the information provided in the required Conditional Use Permit application, a
detailed description of the proposed event shall be submitted, including at a minimum:
a. A list of merchandise and/or type of food to be offered for sale;
b. Proposed hours of operation;
c. Proposed lighting and type of power source needed;
d. Any chemicals to be used.
e. Written authorization to operate the outdoor sales event at the proposed location, obtained
from the site's property owner.
f A list of Businesses and Property owners within 300 feet of the outdoor sale site area. This list
shall be used by the City to mail notices of the proposed sale to nearby businesses, in addition
to nearby property owners.
h. Certificate of Insurance naming the City of Dublin as additional insured in the amount of One
Million Dollars ($1,000,00.00).
4. A simple site plan depicting the general location of the proposed area to be occupied by the event
shall be submitted for to the City of Dublin Planning Department for review and approval at least
five (5) days prior to the first day of the event. This plan may be modified or supplemented by the
Applicant upon submittal of a revised plan reviewed and approved by the Planning Director, if
submitted within a reasonable amount of time prior to the event.
5, All equipment and booths used at the event shall not obstruct pedestrian movement on the
sidewalk, nor obstruct existing vehicular access or driver's sight distance, nor block fire protection
appliances or fire lanes, and shall be kept clear of all building entrances. The event shall not
cause pedestrian traffic to be shifted into the driveway or fire lane aisles.
6. Barricades (pylons, rope, vinyl tape, etc.) shall be installed around the event area perimeter to
separate people and facilities within the event from vehicle and pedestrian traffic outside the area.
7. Where fenced enclosures are to be used, exits in the enclosure must be provided for every 200
feet of perimeter, with a minimum of 2 exits provided.
8. No event may involve facilities which make permanent changes to the area, such as bolting items
to the ground or other street furnishings.
ATTACHMENT 3-2
.
-
9. Traffic control shall be approved by the Dublin Police Services. Temporary "No ParkingINo
Stopping" signs shall be posted along the driveway entrances, drive aisles and fire lanes.
10. Signage to be used for the even shall be limited to two (2) on-site signs no larger than 32 square
feet each, and shall not be erected within the public right-of-way. All Signage is subject to the
review and approval of the Planning Director.
11. Unless otherwise approved, signs shall not be put up prior to the beginning date of the event.
12. Additional promotional signage to be placed prior to the event may be requested subject to a
separate Zoning Clearance application and review for Temporary Promotional Signs. Plans for
any promotional signs for use at the event (including balloons, banners, or identification signs)
shall be submitted to the Planning Director for review and approval a minimum offive (5) days
prior to the beginning of the event.
13. The placement of unapproved or unauthorized signs on the site shall result in revocation of the
Conditional Use Permit approval.
14. Signs shall be attached to posts, fencing or walls so that they will be secure and will not present a
safety hazard, The signs shall not block pedestrian or motor vehicle drivers' view of roads,
sidewalks or the parking lots.
15. Signs having blinking, flashing, fluttering lights or any other illuminating devices that change light
intensity, brightness or color are prohibited.
16. If a searchlight will be used in the event, it shall be located within the area designated for the
event, and it shall not obstruct vehicular traffic on site, nor create a distraction to traffic on
surrounding streets.
17. An electrical permit shall be obtained from the Dublin Building Department if any exterior lighting
is to be installed. All indirect lighting shall be glare shielded.
18. The applicant shall be responsible for the cost of providing adequate security and traffic control
on site. The event application and plan shall be submitted to the Dublin Police Services' review
and approval, and to determine the number of personnel required to ensure safety during the
event, allowing adequate review time prior to issuance of the special event permit.
19. Operation of the event shall be conducted so as not to create a nuisance to adjacent properties.
20. Loudspeakers or amplified music shall be prohibited prior to 10:00 a.m. or after 9:00 p.m., and
excessive noise audible off-site shall be subject to the requirements of the Dublin Police
Department.
21. The event set-up shall begin no earlier than 8:00 a.m.
22. Hours for public attendance shall be no earlier than 9:00 a.m. and no later than 11 :00 p.m., or as
restricted by the individual permit.
23. Adequate trash receptacles shall be provided both within and around the event activities.
24. The site and adjacent parking lot area shall be kept free of trash and debris at all times.
25. All debris, merchandise, fencing display equipment and the like shall be removed from the site,
and the site restored to a clean and orderly condition, by 8:00 a.m. the day following the last day
of the event. Applicant shall submit to the City of Dublin a $250 cash or cashier's check deposit
to ensure a thorough clean up of the area.
2
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26. All sales merchandise shall be brought into the store or otherwise removed at night for security
purposes.
27. No alcoholic beverages are to be sold at the event.
28. Restroom facilities shall be made available to those attending the event.
29. The event location, equipment and booths shall be reviewed by and comply with the requirements
of the Dougherty Regional Fire Authority (DRFA). If any tents are proposed to be used, the
Applicant must obtain a separate permit from the DRF A for the tent, prior to its installation. The
applicant must furnish to the DRF A an affidavit of the tent's flame retardency. The Applicant
shall comply with the following conditions:
a. A 20' fire lane must be provided around the exterior of the event. This lane shall be free of
parking and other obstructions at all times.
b. Fire extinguishers shall be placed every 75' of travel.
c. All tent structures shall be of flame-resistant fabric.
d. Each food stand shall be equipped with a fire extinguisher.
e. All entrances into and out of the event area shall remain unobstructed.
30. All food concessions shall obtain applicable permits from the Alameda County Health Care
Services Agency - Environmental Health Department, Temporary Food Permits Section (Phone
Ron Berry at 567-6700) prior to the event.
31. Applicants shall contact the City of Dublin Building Department to determine whether any
building permits are required. Necessary permits must be obtained at least 5 days prior to the
event. All booths and tables shall be stable and secure.
32. The Applicant shall obtain a City Business License prior to the effective date of permit.
33. The application form shall indicate the name ofa person who will be present at the event and who
shall be designated as the Event Operator. This person shall be available before and during the
event and shall have authority to make decisions and changes regarding the event operation as
problems arise.
34. The applicant and Event Operator shall ensure that the event maintains compliance with all
applicable laws and regulations relating to the event.
35. Any damage to public or private facilities in or around the event resulting from the special event
operation shall be the responsibility of the event operators to correct. All associated costs will
rest solely with the project sponsor.
36. The Zoning Administrator shall make the following Required Findings prior to approving a
Conditional Use Permit for a temporary outdoor sales event:
a.
The use will be properly related to other land uses and transportation and service facilities
in the vicinity, and be compatible to the type and nature of operations typically found in
the neighborhood.
The event, under all circumstances and conditions of its use, will not adversely affect the
Public Health, Safety, and Welfare, nor be materially detrimental to persons residing or
working in the vicinity, or injurious to property or improvements in the neighborhood as
all applicable regulations will be met.
The proposed event will not adversely affect automobile and pedestrian safety, or the
provision of adequate parking on site;
The proposed event will be aesthetically pleasing;
b.
c.
d.
3
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e. The use shall not be contrary to the specific intent clauses or performance standards
established for the district in which it is to be located.
37. EXCEPTIONS: The Zoning Administrator may grant minor exceptions to the standard
requirements and regulations, provided that the Required Findings above can still be made.
38. At any time during the effectiveness of the Conditional Use Permit approval, the approval may be
revocable for cause. Any violation of the terms or standard requirements for the Conditional Use
Permit use shall be subject to citation.
39. All Conditional Use Permit approvals and decisions of the Zoning Administrator are subject to
interpretation, review, and appeal as provided for in the City of Dublin Zoning Ordinance.
g:\ord\outdoorlstd-notr.doc
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CITY OF DUBLIN CONDITIONAL USE PERMIT
REQUIRING ZONING ADMINISTRATOR APPROVAL
TYPICAL CONDITIONS FOR OUTDOOR MOBILE VENDOR
(ONGOING SALES AT STATIONARY LOCATION)
An approved Conditional Use Permit for the above use shall require compliance with all of the following
Typical Conditions unless a condition is specifically noted as waived and initialed by the Zoning
Administrator:
1. Each individual outdoor mobil~ vendor Conditional Use Permit shall be valid for up to one year
from the date approved. Renewals may be granted up to one-year at a time by the Zoning
Administrator upon the submittal of a written request, so long as the Zoning Administrator can
make the Required Findings for the outdoor mobile vendor. A separate permit is required for
each vending location.
2. An outdoor mobile vendor defined as a person who sells or offers to sell any type of merchandise,
including food and beverages, on an ongoing basis, at a fixed location on private property other
than within a building or structure constructed on a permanent foundation.
3. Along with the information provided in the required Conditional Use Permit application, a
detailed description of the proposed operation shall be submitted, including at a minimum:
a. A list of merchandise and/or type offood to be offered for sale;
b. Proposed hours of operation;
c. Proposed lighting and type of power source needed;
d. Any chemicals to be used.
e. Written authorization to operate the vending business at the proposed location, obtained from
the site's property owner.
f A list and description of Businesses and Property owners within 300 feet of the property and
within 300 feet of the outdoor sale site area. This list shall be used by the City to mail notices
of the proposed sale to nearby businesses, in addition to nearby property owners.
g. Certificate of Insurance naming the City of Dublin as additional insured in the amount of One
Million Dollars ($1,000,00.00),
4. Prior to approval of a Conditional Use Permit, a site plan illustrating the exact location of the
proposed outdoor vending location shall be submitted along with a photograph or elevation
drawing of the vending cart or stand. The site plan shall illustrate all building entrances/exits,
hydrants, handicapped access ramps, and pedestrian crosswalks in the immediate vicinity of the
proposed vendor location. An approved plan may be modified or supplemented by the Applicant
upon submittal of a revised plan reviewed and approved by the Zoning Administrator.
5. A mobile vendor station shall be non-motorized, and easily moved and self supporting. At no
time may vending equipment be attached, tied, or locked to trees, hydrants, benches or other
permanent vertical structures.
6. Mobile vendor stands may not obstruct ingress, egress, vehicular or pedestrian traffic or fire lanes;
nor shift traffic into drive or fire lane aisles; nor obstruct motor vehicle drivers' sight distance.
7. A barricade (pylons, rope, vinyl tape, etc.) shall be installed around the perimeter of those
portions of the vending area where needed to protect patrons from vehicular traffic.
8. Operation of the outdoor mobile vendor sales unit shall be conducted so as to create no nuisance
to adjacent properties. At least one 30 gallon garbage container shall be maintained immediately
ATTACHMENT 3-3
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adjacent to the vending location for use by customers. Vendors shall maintain their immediate
sales location in a clean and hazard free condition. No vendor shall use, play, or employ any
amplified music or loudspeaker or other sound device in connection with the promotion of a
vending operation.
9. No vendor shall sell any merchandise to a person who is in a motor vehicle at the time of sale.
to. Every vendor shall obtain a written agreement giving the vendor and any employees'the right to
use permanent sanitary facilities located no more than 200 feet from the approved vending
location.
11. Vendor hours of operation shall be limited as approved with the individual use permit. After the
permitted hours of operation, all vending equipment shall be stored within a permanent enclosed
structure on-site, or removed and stored off-site.
12. No outdoor mobile vendor may sell alcoholic beverages.
13, A valid permit from the Alameda County Health Care Services Agency - Environmental Health
Department, Mobile Food Vending Unit shall be obtained prior to approval of the Conditional
Use Permit (Phone Graham Phuvanat at 567-6700).
14. A City of Dublin Business License, and all necessary permits from the Dublin Building
Department and Dougherty Regional Fire Authority, shall be obtained prior to approval of the
Use Permit.
15. An electrical permit shall be obtained from the Dublin Building Department if any exterior lighting
or other electrical outlets are to be used. All lighting shall be glare shielded.
16. All signs are subject to review and approval by the Zoning Administrator. The placement of
unapproved or unauthorized signs on the site may result in revocation of Conditional Use Permit
approval.
17. The maximum sign area is eight (8) square feet per vendor. All signage shall be located on the
vending equipment. No off-site signage shall be permitted for a vending unit. Signs having
blinking, flashing, fluttering lights or any other illuminating devices that change light intensity,
brightness, or color are prohibited.
18. The applicants and vendor shall comply with all applicable laws and regulations relating to the
use.
19. The Zoning Administrator shall make the following findings prior to approving a Conditional Use
Permit for an Outdoor Mobile Vendor:
a.
b.
The use is required by the public need
The use will be properly related to other land uses and transportation and service facilities
in the vicinity, and be compatible to the type and nature of operations typically found in
the neighborhood.
The use, under all circumstances and conditions of its use, will not adversely affect the
Public Health, Safety, and Welfare, nor be materially detrimental to persons residing or
working in the vicinity, or injurious to property or improvements in the neighborhood as
all applicable regulations will be met.
The use shall not be contrary to the specific intent clauses or performance standards
established for the district in which it is to be located.
The proposed use will not adversely affect automobile and pedestrian safety, or the
provision of adequate parking on site;
The proposed use will be aesthetically pleasing;
c.
d.
e.
f
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20. EXCEPTIONS: The Zoning Administrator may grant minor exceptions to the standard
requirements and regulations, provided that the Required Findings above can still be made.
21. At any time during the effectiveness of the Conditional Use Permit approval, the approval may be
revocable for cause. Any violation of the terms under which a Conditional Use Permit is issued
shall be subject to citation.
22. All Conditional Use Permit approvals and decisions of the Zoning Administrator are subject to
interpretation, review, and appeal as provided for in the City of Dublin Zoning Ordinance.
TKH a:\std-mobv.doc
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old in heritage · new in ideas
.,.
U In
Chamber of Commerce
April 20, 1995
P1 anni ng Conlni 5S ion
City of Dublin
P. O. Box 2340
Dublin~ California 94568
Dear Commissioners:
The Dublin Chamber of Commerce Board of Directors at ;t1s regular meeting of
April 12, 1995 unanimously approved the proposed outdoor sales ordinance
dtaft as presented by the City Planning Staff and Outdoor Sales Committee.
Members of the Dublin business community worked with the City Planning Staff
to develop an outdoor sales ordinance that would be fair and beneficial to
the entire business community.
The Dublin Chamber of Commerce hereby recommends that the Planning Commission
of the City of Dublin adopt the draft ordinance as presented.
Thank )OU for your consideration of this matter.
Yours very trulYt
JA:n LOCKHA~~
Board of Directors
JL:nf
ATTACHMENT 4
70eo Donlon Way, Suite '10 · Dubllr. California 94568 · (510) 828-6200 · FAX (510j 828-4247