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HomeMy WebLinkAboutItem 7.1 EnforcmntPolicyOutdoorSales (2) . ... . , " CITY CLERK FILE # DB!J~IQ]-~[Q] CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 22. 1995 SUBJECT: Enforcement policy regarding outdoor sales Report Prepared by: Laurence L. Tong, Planning Director EXHIBITS ATTACHED: 1. / Draft Resolution establishing a policy for enforcement of zoning, building, housing and property maintenance violations and rescinding resolution No. 63-88. 2. / Resolution No. 63-88 3. / Minutes of July 25, 1995, City Council meeting regarding outdoor sales and activities. RECOMMENDATION: j::(~;~doPt Resolution regarding enforcement FINANCIAL STATEMENT: None DESCRIPTION: At the July 25, 1995, and August 28, 1995, meetings, the City Council indicated a desire to actively enforce the new Outdoor Sales Ordinance for violations by non-Dublin businesses. Resolution No. 63-88 established the existing enforcement policy on Zoning Ordinance and other types of violations. The policy provides that enforcement is generally on a complaint basis. There are currently four exceptions to the complaint only policy: 1. The building work is actually observed under construction. 2. The inspector /investigator has a legitimate work-related reason to be on the property. 3. The situation involves public health and safety. 4. Situations that are similar to that being investigated are readily visible or are pointed out to the investigator. In order to actively enforce the new ordinance, the City Council could establish a 5th exception by adding the following wording to the enforcement policy: COPIES TO: Ken Petersen, Bldg. Official Jim Rose, Police Chief g:agenda\ccagstmt ITEM NO.U "In addition, violations of the Zoning Ordinance relating to outdoor sales and activities by a non-Dublin business will be processed as though a complaint had been registered. A non-Dublin business refers to one that is not an on-site, established Dublin business with all necessary business licenses and permits. II Staff anticipates that gaining compliance with the new ordinance may be particular1y difficult during 1) weekdays after 5:00 p.m., 2) weekends, and 3) holidays. In order to address violations of the Outdoor Sales Ordinance during these hours, the new part-time Zoning Investigator approved as part of the graffiti project will initially be assigned to work during these periods. -2- ,. . . . RESOLUTION NO. - 95 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ESTABLISIDNG A POLICY FOR ENFORCEMENT OF ZONING, BUILDING, HOUSING, AND PROPERTY MAINTENANCE VIOLATIONS AND RESCINDING RESOLUTION NO. 63-88 WHEREAS, the City Council of the City of Dublin did by Resolution No. 63-88 adopt a Resolution establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations and rescinding Resolution No. 75-84; and WHEREAS, the Resolution identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the City Council has recently adopted an ordinance amending the Zoning Ordinance regarding Outdoor Sales and Activities; and WHEREAS, the City Council is desirous of establishing an enforcement policy regarding Outdoor Sales and activities which is consistent with the established policy for enforcement of Zoning, Building, Housing and Property Maintenance violations; and WHEREAS, the actual procedures for enforcing a particular law are already covered in City .. Ordinances and applicable sections of the State Law; and WHEREAS, it is necessary to rescind Resolution No. 63-88 and adopt a new Resolution which includes the Outdoor Sales and Activities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the "Enforcement Policy for Zoning, Building, Housing, Construction Work Without Permit and Property Maintenance Ordinance Violations", attached hereto and identified as Exhibit "N'. BE IT FURTIIER RESOLVED, that the Resolution No. 63-88 is hereby rescinded. PASSED, APPROVED AND ADOPTED this _ day of . 1995. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor . g:~cWccagstmt City Clerk F)(H~RUT. 1 ~-<IfI'~.~ ~~JIA,o'~ , , EXHIBIT "A" ENFORCEMENT POLICY FOR ZONING, BUilDING, HOUSING, CONSTRUCTION OF WORK. WITHOUT PERMIT, AND PROPERTY MAINTENANCE VIOLATIONS . This procedure is to be followed in investigating complaints regarding possible violations ofbuilding regulations, construction work without permit, zoning ordinances, housing codes, and violations of the Property Maintenance Ordinance. GENERAL POLICY - INVESTIGATION ON COMPLAINT BASIS These ordinances generally will be enforced on a complaint basis except that: 1. Building work actually obsetved to be under construction without permits will be investigated without a complaint 2. Violations obselVed on property where the inspector bas a legitimate reason to be on property, such as a routine follow~up inspection on a Variance or Conditional Use Permit, or when inspecting construction under a permit, violations obselVed on the property will be investigated without a complaint. 3. Conditions brought to the attention of the City in any manner which involves public health and safety. COMPLAINT INFORMATION Any person making a complaint shall give their name, address, and telephone number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure additional infonnation regarding the problem. Section 6254, of the Government Code, provides that records of investigations of complaints are not public records. Therefore, investie:ations of comDlaints will be keDt confidential. and infonnation will not be disclosed except as required by a court order. . EXCEPTIONS TO COMPLAINT INFORMATION In establishing this policy, the City Council recognizes that a person whose property is being investigated may point out several similar violations in the immediate area. It may be inequitable to require abatement of a violation when the same violation may exist in the immediate vicinity and are not investigated because a complaint is not received. 4. Therefore, whenever the situation discussed above occurs, any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be processed as though a complaint had been registered. 5. In addition, violations of the Zoning Ordinance relating to outdoor sales and activities by non-Dublin businesses will be processed as though a complaint had been registered. A non-Dublin business refers to one that is not an on-site, established Dublin business with all necessary business licenses and permits. ANONYMOUS COMPLAINTS All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City Manager, Planning Director or Building Official determines the matter does not warrant further action. These cases would be closed following the investigation and a determination by the City Manager, Planning Director or Building Official. . g:agenda\ccagmmt . ESTABLISHING A POLICY FOR ENFORCEMENT OF ZONING, BUILDING,. HOUSING, AND PROPERTY MAINTENANC~ VIOLATIONS AND RESCINDING RESOLUTION NO. 75-84 @ \f;1J RESOLUTION NO. 63 - 88 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** (r.~~ ~ -it' '. . WHEREAS, the City Council of the City of Dublin did by Resolution No. 75-84 adopt the "Enforcement Procedures for Zoning, Building and Housing Violations, 'and Construction Hork Without Permits"; and . WHEREAS, the Resolution identified both Administrative Procedures and Enforcement policies; and, WHEREAS, the City Council has recently adopted a Property Maintenance Ordinance;and .-. WHEREAS, the City Council is desirous of establishing an enforcement policy for the Property ~1aintenance Ordinance which is consistent with the established policy for Zoning, Housing, and Building Violations; and WHEREAS, the actual procedures for enforcing a particular law are already covered in City Ordinances and applicable sections of the State Law; and WHEREAS, it is necessary to rescind Resolution No. 75-84 and adopt a new Resolution which includes the Property ~1aintenance Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the "Enforcement Policy for Zoning, Building, Housing, Construction Work Without Permit and Property Maintenance Ordinance Violationsll, attached hereto and identif ied as Exhi bi t "All. BE IT FURTHER RESOLVED, that the Resolution No. 75-84 is hereby rescinded. PASSED, APPROVED AND ADOPTED this 25th day of April, 1988. AYES: Councilmembers Hegarty, Hoffatt, Snyder., Vonheeder and Mayor Jeffery NOES: None ABSENT: None . AF' 44 Yul~(y C r-- -- (;).. ., . ,:_'~ . EXHIBIT "A" (;43 ENFORCEMENT POLICY FOR ZONING, BUILDING, HOUSING, CONSTRUCTION OF WORK WITHOUT PERMIT, AND PROPERTY MAINTENANCE VIOLATIONS This procedure is 'to be followed in investigating complaints regarding possible violations of building regulations, construction work without permit, zoning ordinances, housing codes, or violations of the Property Maintenance Ordinance. .~ GENERAL POLICY - INVESTIGATION ON COMPLAINT BASIS These ordinances generally will be enforced on a complaint basis except that: . 1. Building work actually observed to be under construction without permits will be investigated without a complaint. 2. Violations observed on property where the inspector has a legitimate reason to be on property, such as a ~outine follow-up inspection on a Variance or Conditional Use Permit, or when inspecting construction under a permit, violations observed on the property will be investigated without a complaint. 3. Conditions brought to the attention of the City in any manner which involves public health and safety. COMPLAINT INFORMATION Any person making a complaint shall give their name, address, and telephone. number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure addi-tional information regarding ~he problem. Section 6254, of the Government Code, provides that records of investiga- tions of complaints are not public records. Therefore, investi~ations of complaints will be kept confidential, and information will not e disclosed except as required by a court order. EXCEPTIONS TO COt--lPLAINT INFORt-lATION In establishing this policy the City Council recognizes that a person whose property is being investigated may point out several similar violations in the immediate area. It may be inequitable to require abatement of a violation when the same violations may exist in the irrunediate vicinity and are not investigated because a complaint is not received. ~ Th2refore, whenever the situation discussed above occurs, any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be processed as though a complaint had been registered. All anonymous complaints will be investigated. However, no action will taken on anonymous complaints where the City Manager or Building Official determines the matter does not warrant further action. These cases would be closed following the investigation and a det€rm~nation by the City ~lanager or Building Official. be. ANONYMOUS COMPLAINTS . . . . hompson stated one person just protested. one lady talked about we on Dougherty Road 'ch is not part of the district. and the third was opposed to . g taxed. They thought aft oposition 13. some of these taxes would go a On motion of em. Barnes. sec adopted . and by unanimous vote. the Council RESOLUTION NO. 84 - 9 APPRO G ENGINEER'S REPORT. CONFIRMING DIAGRAM AN SSESSMENT. AND o RING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPI LIGHTING INTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES @ WILLOW CREEK - T 5511) A '''V'' PUBLIC HEARING - PA 93-012 CITY OF DUBLIN ZONING ORDINANCE AMENDMENT - OUTDOOR SALES AND ACTIVITIES 9:13 p.m. 6.4 (450-20) Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report and advised that the City initiated a study to amend the Zoning Ordinance provisions relating to outdoor sales and activities. The revisions include streamlining the current process for existing businesses to cond~ct outdoor sales, and allowing mobile vendors and outdoor sales by non-Dublin businesses under certain conditions. On July 3. 1995. the Planning Commission voted to adopt the Standard Requirements and Typical Conditions relating to the proposed outdoor sales and activities. and recommended that the City Council approve the Zoning Ordinance Amendment. Ms. Huston discussed: 1) Outdoor Sales Events/Sidewalk Sales - Established Dublin Businesses; 2) Outdoor Sales Events/Sidewalk Sales - Not Related to Established Dublin Businesses; 3) Mobile Vendors; 4) Other Changes to Ordinance - Arts & Crafts Fairs. Carnivals. and Farmer's Markets (Special Events); and 5) Citywide Events. In conclusion. Ms. Huston stated the changes to the Dublin Zoning Ordinance would provide the opportunity to allow mobile vendors in the City where appropriate. It would also provide *******~******-~*.**************~*~.*.~*.**.**********************-~***~....*********************~~******.~ CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 407 F~)f'.~~RftT 3 a.." .}/'h. t.. .; ,..)....; ~ ~ ~". 1IIr: a more efficient review for temporary outdoor activities, with greater simplicity and fleXibilite for Dublin businesses. Cm. Barnes asked about a CUP approved by the Zoning Administrator. Would this be appealable? Ms. Huston responded yes. Cm. Barnes asked what would happen to businesses who currently have their merchandise outside all the time like Home Express and Michael's. Ms. Huston stated if they go through the proper permit process, they would be allowed to have it out 6 times per year. Cm. Burton stated he was informed on the mobile vendors there would be a 30 day waiting period. Ms. Huston stated if the ordinance is adopted on August 8, it would become effective in 30 days. Mr. Ambrose clarified that this is initially. SUbsequent to the ordinance becoming effective this would not be the case. . Ms. Huston stated there would be a 5 day waiting appeal period. Cm. Howard stated she had a problem with enforcing problems with people coming in town on the weekends. She would like to see it required that they must post their permit. The Police should be able to enforce it if they don't have a permit. Mayor Houston felt this could be set up similar to fireworks sales. whereby anybody going by could see it. If they have to get the property owner's permission to begin with, even though we have a lot of absentee owners. this shouldn't be a problem. Cm. Howard stated she would like to see something written in that requires this. em. Burton asked if this could be administered like the property maintenance ordinance on a complaint basis. Cm. Howard stated a complaint basis would be okay. but the police should be able to get involved. **~*A***_*******.~~******************A***********.*.**************.*.~~*********~~*****************~******* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 408 . ... . . . . . Mr. Ambrose stated a part-time person was approved under the graffiti project as part of the budget. The only way to deal with this is to keep on top of it. We don't want to get into paying police overtime to enforce this. It would cost the City a lot more. We can accommodate it more effectively by using the graffiti abatement person with an eye out for this. Cm. Burton pointed out that we also have a complaint process. We may not catch them right then, but it does bring it to the attention of the City and the property owner and/or the business that's located there. The City Council agreed that the permit must be posted. Mr. Ambrose stated Staff could have a packet available to help them become legal. This would be a positive thing. Abdullah Popal, 7735 Squirrel Creek Court stat~d he would like to see the City adopt the amendment to the Zoning Ordinance and first priority be given to residents of Dublin and he would also like to see more than 4 times a year allowed. He indicated he would like to have a business selling espresso and also a hot dog cart. Ms. Huston stated these would be allowed on an ongoing basis. John Mason representing the Dublin Chamber of Commerce stated he participated in the meeting in late March, early April. The Chamber of Commerce endorses this and feels very strongly about these changes, particularly after hearing about enforcement on the weekends. He also sat on the graffiti task force group. This is a win/win situation' for everybody. Jaynie Bunnell stated her support for this amendment. She has an espresso bar in Blackhawk and in Stockton and looks forward to opening one in Dublin. Cm. Moffatt asked if we would get involved with public health inspections. Ms. Huston stated it would be necessary for them to get these from the County. Mayor Houston closed the public hearing. . On motion of Cm. Burton. seconded by Cm. Barnes. and by unanimous vote, the Council adopted **~***~**********.*.~**********************.**~_*************.*~A~A*************~****~~******************** CITY COUNCIL MINUTES VOLUME U REGULAR MEETING July 25, 1995 PAGE 409 RESOLUTION NO. 85 - 95 ADOPTING A NEGATIVE DECLARATION FOR PA 93-012 ZONING ORDINANCE AMENDMENT RELATED TO OUTDOOR SALES AND ACTIVITIES and RESOLUTION NO. 86 - 95 ADOPTING PA 93-012 ZONING ORDINANCE AMENDMENT RELATED TO OUTDOOR SALES AND ACTIVITIES .. "'"' . and waived the reading and INTRODUCED an ordinance amending certain provisions of the Zoning Ordinance relating to outdoor sales. Mr. Ambrose advised that Staff could bring back the resolution dealing with the enforcement issue and valid permit to be displayed. ...+ ARD OF BID CONTRACT 95-01 DUBLIN BOULEVARD WIDENING 9:34 7.1 (600-30) Public W Director Thompson advised that this project will widen and restripe D in Boulevard fro 4 to 6 lanes between Donlon Way and Village Parkway. It wi so add left. and right turn lone t specific intersections. The project is financed prim . through an ISTEA grant and devel er contributions. including BART mitigation c ributions. Mr. Thompson stated Redg . k Construction submitted the onl (j for this project. In checking with other prime con tors on the planholders Ii . taff was advised that contractors are very busy now bee e the wet winter Id up projects. and many public and private construction projects are c ntly out bid or in progress. resulting in other potential bidders not being able to submit 0 isadvantaged Business Enterprise information has been submitted by Red . k struction and is in accordance with adopted goals. Mr. Thompson advised that ff has notified all of the busin 5s in the project area that work will begin this sum r and should be completed in late fa. roject specifications require that access businesses be kept open at all times. If necess work will be performed out. e of normal business hours in order to complete the proj on schedule and lesse e impact on the downtown area. . Burton asked about the ditch that was being dug in front of Crown Chevrolet. *~***.*..****.*.****.***..***.**.***.***********.*.***.~*..****.***********.....*****.****.~****.*..*.**.*. CITY COUNCIL MINUTES VOLUME J.J REGULAR MEETING July 25, 1995 PAGE 410 .