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Home My WebLink AboutItem 6.2 AmendZoneOrd TUP (2)-~ ~CITY CLERK File 450-50 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 1, 1999 SUBJECT: Public Hearing: PA 99-008 Zoning Ordinance Amendmem Chapter 8.108, Temporary Use Permits to delete the Temporary Use Permit (TUP) "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)". (Report Prepared by: Dennis Carrington, Senior Planner/ZOning Administrator) ATTACHMENTS: 1) 2) 3) 4) Planning Commission Resolution 99-20 recommending that the City Council adopt an ordinance mending Municipal Code Chapter 8.108, Temporary Use Permits, to delete the Temporary Use Permit "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)" Draft Ordinance amending ChaPter 8.108 of the MUnicipal Code (Zoning Ordinance) Temporary Use Permit Chamber of Commerce letter RECOMMENDATION: 1) 'Open public hearing and hear Staff presentation 2) Take testimony from the public 3) Question staff and the public 4) Close public hearing and deliberate 5) Waive reading and Adopt Ordinance amending Chapter ...... 8.108 of the Municipal Code (Zoning Ordinance) FINANCIAL STATEMENT/ .......... N6fie~ ' ................... l .............. BACKGROUND: City'Council' action. The citY Council on May 18, 1999 introduced the Ordinance amending Chapter 8.108 of the Municipal Code. Original Ordinance. The City Council adopted Ordinance 8 - 95 amending the Zoning Ordinance on Aiigust 8, 1995 to add "Outdoor Sales Not Related to'On-Site Established Business'' approved as a Conditional Use' permit by the Zoning Administrator2 This alloWed Certain outdoor sales by non'Dublin businesses. New Zoning ordinaiice. The City Council ad~0pted ~/n~'Zoning Ordinance on SePtember 2, 199T 'The language in the new Zoning Ordinance provides for Outdoor Sales Not-Related To A Dublin Bus,iness g:\pa99-008\¢csr In-lq'Ouse Distribution Senior Planner ITEM NO. (sidewalk 13i/{ ¢0fiimns typographical text Temporary Use permit (Attachment 3)"fOr an individual to Sell roses at the Shell Gas Sfiation at 8999S~ Rm°fi Road fr°m Feb~-i'i'; i 999,'until Febniary 14, 1999.. 'Th~'P~rmit w~ issued inerr°i. A reView of the Temporary us'epe~ii'I~'i~xieaied'that the~ in q~e~ii6h is the onlY onet° have been issued for OUtdoSr 'Sales, N6t Rei~{~'d t0 Dh:Sit~ E~ab'i'i~dg'u~ine~ '~in~'~d~131i'~$'f'~q:~9~'~/l"Z;/hi"fi~'Oi:dlh~"li~ Chamber of CiSmmerce Letter. The Chamber of Commerce sent a letter (Attachment 4) to MaYor Guy Ci~ Council Direction. On l St~to~:~ ~ ~en~ent to ~e'zo~ng Planning Commission ReCommendation · e Pl~ng Co~lssmnadopted Resolh~Ion 99-20 reco~endmg~at ~e C~ Burgesses2 ENVIRONMENTAL R~Vliz/W:__ ._ __._____. ____ ~ lS0a CE( ~s no'pessisilifY'that'such ~endment Would have a fr0~ ~ q Adopt ~e Ordinate amending isal Cbd~ (Z6~iig Oi:~de). RESOLUTION NO. 99- 20 A RESOLUTION OF THE PLANNING'"CO~IiSSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 8.108, TEMPORARY USE PERSilTS,OF THE MU~rlCIPAL CODE (ZONING ORDINANCE), TO DELETE THE TEMPOP,.A.RY USE PERMIT "TEMPORARY OUTDOOR SALE NOT RELATED TO ON-SITE ESTABLISHED BUSINESS (SIDEWALK SALE)" WI-IEREAS, the comprehensive revision to the Zoning OrdNance (Ordinance 20- 97) was adopted by the City Council on September 2, 1997; and WHEREAS, Chapter 8.108, Temporary Use Permits, of the re'~Ssed Zoning Ordinance addressed the permitting of temporary uses by means of the Temporary Use Permit process within the City of Dublin; and WI-EEREAS, the City Council on Augz~st 18, 1997, adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance, including Chapte? 8.108, Temporary Use Perm/ts, is exempt from the California Emdronmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that revising the Zoning or~ce'W0uld have a sigmificant effect on the environment (Section 15061Co)(3)); and WFIEREAS, an Environmental Impact Report, SCH#84011002, was prepared for the Dublin General Plan and certified on February 11, 1985; which addressed impacts of the future development of the City of Dublin; and which impacts'and analysis exceed the impacts of the amendments to Chapter 8.108 the Zoning Ordinance, Temporary Use Permits; and WI-IEREAS, Staffhas prepared an amendment to Chapter 8.108, Temporary use Permits; to delete Section g.10g.020.N, Temporary Outdoor Sale Not Related To On-Site S ~ E~stabtished Business ( idewalk S-ale) and; ~VFIF~REAS, a staff report analyzing the amendments was submitted for PA 99' 00g, which stated that the amendments to Chapter g.108 (PA 99-008) do not represent changes that can have any environmental effect because it can be seen with certainty That there is no possibility that revising the Temporary Use Permit Section of the Zoning Ordinance to delete a section would have a significant effect on the environment (Section ~SO6~(b)O)); and' Wlq'E~, the Planning Commission held a public hemSng on said amendment to Chapter &10g, Temporary Use Permits, on April 27, 1999, for which proper notice WHEREAS, the Planning COmm. i.ssion at its April 27, 1999, meeting considered all writteh and oral tesfi~ony,..submitted at the Public hearing. Now THEREFORE, BE IT RESOLVED THAT TIlE Dublin Ping Commission · does hereby find that the amendments to Chapter 8.108 (PA 99-008) do not represent changes that can have any environmental effect beCause it can be seen with certainty that there is no possibility that revising the TemPorary Use Permits section of the Zoning Ordinance to delete a section would h'ave a'significant effect on the environment (Section 15061 (b)(3)), and does recommend that the City Council amend Chapter 8.108, Temporary Use Permits, of the Municipal Code (Zoning Ordinance) as shown in Attachment 2 to the April 27, 1999 staff report for PA 99-008. PASSED, APPROVED AND ADOPTED THIS 27th day ofApril,'1999. AR-ES: Cm. Jennings, JohnsOn, Hu~mhes, Musser, and Oravetz NOES: Planning Commission Chairperson ATTEST: Community Development Director g:pa99008\pm'es ORDINANCE NO. .~N ORDINANCE OF THE CITY OF DUBLIN AMENDING CH.M:'TER 8.108, TEMPORARY USE PERMITS, OF THE ~I~INICIP.4L CODE (ZONING ORDINANCE), RELATING TO ~ TEMPORARY OUTDOOR SABLES THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDA_rN'AS FOLLOWS: Section 1. "Section 8.108.010 of the Dublin Municipal Code is amended to read as follows: The purpose of this Chapter is to establish a procedure for approving minor temporary land uses that meet established development review standards and are acceptable because of their temporary nature. The minor temporary land uses permitted are those specified in Section. g.108.020. Section 2. Section 8.108.020.N, Temporary Outdoor Sale Not Related To On-Site EstabIished Business (Sidewalk Sale), of the DubIin Municipal Code is amended to delete Section 8. 108.020.N, Temporal, Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale). Succeeding sections shall be re-numbered: SectiOn 3. Effect/ye 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 39533 of the Government Code of California." PASSED, .APPROVED, .AND .aDOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this .day of May, 1999, by the follo~x%g votes: " Ayes: ~'oes: Absent: Abstain: Mayor Attest: City Clerk g:pa9900~\ord ATTACHMENT _ / ~/, ,,/ iL ?~ O.TEC-r ./ ./ US-- FE~tJiiT ~/ _~,p?~ov=?_,o I.~ /:4 ,:.,c~'? I~ '. q ~ old in heritage- new |n ideas dubl .. Chamber of Commerce February 16, 1 o. 99 .Mayor Guy Houston DubI[n City Counefl P. O. Box ~40 Dublin, Califomia 94568 De2r Mayor Houston: ' On Fi~.mar7 12, 19.o9 the Dublin Chamber of Co,-'m-n, er;'.~ office r~:fvzd a compl~nt fram one of b~in=~s m~m~rs r~g~dbg a "~t vendor" se!Ihs m=rch~dis~ on a ~t ~mer in Eue Ci~ of D~blin. Th= C~ Pta-~ng D~a,'~t ~ confined reg~ng Cu~s ma~ ~nd ~e C~b~r was info~ by member D~[s C~n~on that a ~ day t~mpor~ ~ p~it ~s ~ssu~d to ~ v~ndor by ~e ~Cib' It =~ ~: und~m~d~g of~ Ch~mb~ ~d m~mb~r~ of ~e Co~in~: that worked on ~: of~e ou=id: ~es ordin~c~ several ys~-s ago that o~y Dublin b~=d busku=~ses wi~ Dublin ad~e~s=s and a Dublin ci~ bm~e~ pemit wo~d b~ allowed pgmi~ for outdoor ~2e~. It ~s ill,appointing · ~k a temporal- ~e pe~t w~ issued to a s~t v~dor sglling ~e s~e mgrch~se ~ seve~! o~er businesses wi~ ~e Ci~ of Dublin. DubI~ businesses p~y a fee to ~e C~ of Dublin for ~e pfivgeg~ of operating a b~ines~ wi~in CiW- In addifio~ ~e ~ ~e normfl bus,ess expenses ofren~ rexes, em. not to men~n the zrg~ri~n ~f jobs. It is d~]g~t tO ~de~d how ~e CiW Plmn~g Dep~gm c~just~ i~uing a ~e pgm]t far S25.00 to m ~divid~ ~ does nm Ibc or have a bus~e~ wi~ln DubI~ and, most impamfiy, Wes not support ~e Dublin ~u~w ~ou~ donzfiom to schools, eommuni~ project, spays pro~s~ ~e Dub~n Chmber of Corette ~d Ci~ Mve worked dili~nfly over ~e ~s on ~e Linage of Dublin. S~t vendo~ s~lt~g produc~ out of~e ~a of~gir vehicles on gvc~ corner ~d in pinking is not ~e b~t ~ for om Ci~. The Chmb~r ~ges ~e Ciw Co,oil to r~iew ~g omdoar s~e$ or~nnce ags~ ~d ~e the ngge~ pr~aufions w "close ~e loopholes" to ~s~e o~ CiW s~ee~ ~e free of outdoor vendor~ selfhg thek ~es. We believe Dnbt~ should look it's "best" at MI rimes. ~ )~u for yo~ eomide~tion of ~s ma~er. 7080 DONLONI W^¥, SUIT--_ 11D - D~su~.. CAUFOR~A 945~ [g~5_L82Z8_- ~20J3~ (~. ~ -~ LB2_~-a ~ a7 · =-~.c, - .dbJo~c(~ ~_~c b~ 11 .ne t