HomeMy WebLinkAboutItem 6.1 Zoning Amend Sign Reg~~~y OF ~0~~2
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STAFFREPORT CITY CLERK
DUBLIN CITY COUNCIL File # ^~]~~-0~
DATE: October 19, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJECT: Amendment to Chapter 8.84 (Sign Regulations) of the Dublin Zoning
Ordinance related to temporary promotional banners (PLPA-2010-00046)
Prepared By: Kristi Bascom, Principal Planner IG~j
EXECUTIVE SUMMARY:
The City Council will review City-initiated amendments to Title 8 of the Dublin Municipal Code
(Zoning Ordinance) related to Sign Regulations. The proposed amendments will make
permanent those changes related to temporary promotional banners that the City Council
approved on a temporary basis in July 2010. The changes included allowing additional time for
banners, changes to the size of permitted banners, and reducing the time period in between
displays.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5)
Waive the reading and introduce an Ordinance Amending Chapter 8.84 (Sign Regulations) of
the Zoning Ordinance related to Temporary Promotional Banner
. (
ubmitted By: Review By:
Community Development Director Assistant City Manager
Page 1 of 4
ITEM NO.:
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DESCRIPTION:
Background
At the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to
provide a stimulus to the business community and property owners during the current economic
climate. On May 5, 2009, Staff presented the City Council with several potential changes,
including a modification to the City's sign regulations, to allow greater flexibility in the display of
temporary promotional signs. At that meeting, the City Council directed Staff to prepare
amendments to Chapter 8.84 relating to the use of Temporary Promotional Banners. The
meeting minutes are included as Attachment 1.
On July 7, 2009, the City Council waived the reading and introduced an ordinance approving
temporary modifications to Chapter 8.84, (Sign Regulations) of the Zoning Ordinance to
facilitate the use of banner signs. The meeting minutes are included as Attachment 2. The
proposed modifications to the sign regulations included a temporary change to the number of
days banner signs could be posted, the allowed size of banner signs, and the number of days
required between postings. The temporary modifications lasted one year. On June 22, 2010,
the City Council extended the temporary modifications for an additional year and directed Staff
to prepare a Zoning Ordinance Amendment to Chapter 8.84 to make the modifications
permanent. The meeting minutes are included as Attachment 3. Ordinance 15-09 (Attachment
4) was approved on July 20, 2010 and became effective on August 19, 2010.
ANALYSIS:
Temporary Promotional Banners are regulated by the Sign Regulations Chapter of the Zoning
Ordinance (Chapter 8.84). Section 8.84.050.S of the Zoning Ordinance includes regulations
related to the display of Promotional Banners which advertise special events, sales and
promotional needs of businesses. Several temporary modifications were enacted to provide
some relief from the permanent regulations in order to expand the advertising opportunities
available to businesses in the City.
The Zoning Ordinance currently regulates the time frame in which a Promotional Banner may be
displayed, the waiting period between Promotional Banner displays and the size of Promotional
Banners. These Regulations were temporarily modified in order to promote businesses in
Dublin. The temporary modifications increased the number of days Banners are allowed to be
displayed, reduced the waiting period between Banner displays and modified the size
requirements to allow greater flexibility in the design of Temporary Promotional Banners.
The following table illustrates the previous and proposed regulations for Temporary Promotional
Banners. The proposed modifications are the same as the temporary modifications approved by
the City Council in July 2010.
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Table 1: Temporary Promotional Banners - Permanent and Temporarv Reaulations
Previous Regulations Proposed Regulations
(Before temporary changes (Temporary regulations - to
approved in July 2009) become permanent if
approved)
Display Period Maximum of 15 consecutive Maximum of 21 consecutive
calendar days calendar days
Waiting Period 30 days 21 days
Size Maximum of 30" tall x 24' long 60 square feet
Location None Signs may not be located
Requirement above the eave
Following the adoption of the temporary amendments to the Sign Ordinance, Staff has observed
that the number of applications for Temporary Promotional Banners has increased. The
following table illustrates the number of permits for Temporary Banners that have been
approved over the last three years. The temporary modifications took effect at the end of
August, 2009.
Table 2: Number of Temporarv Banner Permits Aaaroved
Year Number of Permits Issued
2008 153
2009 166
2010* 148
"~ his t~me perlod ret/ects only the months of,lanuary through mid-September
A$ shown on the table above, the number of permits issued for Temporary Promotional Banners
has been increasing each year. The increase in the number of permits reflects the business
community's need to effectively advertise their businesses and sales and the temporary
modifications aid these businesses in expanding their opportunities for displaying temporary
signage.
Attachment 5 to this Staff Report is the amended Chapter 8.84 showing additions and deletions
in underline and strikeout text. Sections 2 through 4 of the draft Ordinance, which is included as
Attachment 6 to this Staff Report, shows the amended sections of Chapter 8.84 in its final form
with all of the changes incorporated. Adoption of this Ordinance will make permanent the
changes that were temporarily approved by the City Council in July 2009 and renewed in July
2010.
If the proposed changes are not approved, the temporary modifications that were approved by
the City Council will expire on August 19, 2011.
ENVIRONMENTAL REVIEW:
Staff recommends that the project be found exempt from the California Environmental Quality
Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is
no possibility that the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code
(Zoning Ordinance) may have a significant effect on the environment.
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PLANNING COMMISSION ACTION:
The Planning Commission reviewed the project at a public hearing on September 28, 2010.
The Planning Commission Staff Report and draft minutes for this meeting are included as
Attachments 7 and 8 to this Staff Report. At the meeting, the Commission discussed the merits
of the proposed zoning ordinance amendment related to Temporary Promotional Banners and
made an additional recommendation. After a brief discussion, the Planning Commission
recommended that Temporary Promotional Banners for Apartments be allowed for a maximum
of 90 days per calendar year in any time configuration desired. The Planning Commission
approved Resolution 10-47 (Attachment 9) by a unanimous vote.
NOTICING REQUIREMENTS:
In accordance with State law, a public notice was published in the Valley Times and posted at
several locations throughout the City. A notice of this hearing was mailed to those requesting such
notice ten days before the hearing and the Staff Report and attachments were made available for
public review prior to the public hearing in accordance with Government Code Sections 65090 and
65091.
ATTACHMENTS: 1) May 5, 2009 City Council meeting minutes
2) July 7, 2009 City Council meeting minutes
3) June 22, 2010 City Council meeting minutes
4) Ordinance 15-09
5) Amended Chapter 8.84 of the Zoning Ordinance (with
proposed additions and deletions shown)
6) Ordinance Amending Chapter 8.84 (Sign Regulations) of the
Zoning Ordinance related to Temporary Promotional Banners
7) September 28, 2010 Planning Commission Staff Report
(without attachments)
8) September 28, 2010 Planning Commission draft meeting
minutes
9) Planning Commission Resolution 10-47
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NEW BUSINESS
Proposed Modifications Designed to Provide Assistance to
Businesses and Prouertv Owners in the Citv During the Economic Downtarn
• 8:41 p.m. 8.1 (450-20/400-30/410-30)
Senior Planner Erica Fraser presented the Staff Report and advised that at the request of
the City Council, Staff had been reviewing the Zoning Ordinance for ways to assist the
business community during the current economic downturn. The Planning Division
had identified several alternatives to streamline the entitlement process for development
applications and to promote businesses in Dublin. These alternatives included
modifications to the Site Development Review Chapter (Chapter 8.104), regarding the
level of review required for projects and modifications to the Sign Regulations
(Chapter 8.84), to facilitate the use of banner signs and balloon signs. The proposed
modifications to the sign regulations included: a temporary elimination of fees for
promotional banners and balloons and other minor modifications to the Sign Ordinance.
Cm. Hart asked what a 60 square foot sign would look like.
Ms. Fraser stated signs would be sized to meet a business' needs, therefore, size would
vary. The City currently had a 60 sq. ft. maximum, but only within certain dimensions.
This would allow any dimensions, but no larger than 60 square feet total.
Vm. Hildenbrand stated she could support all the proposals before the City Council
except changes with sign size and balloons.
Mayor Sbranti asked that the City Council discuss these modifications one at a time.
Ms. Fraser stated that the proposed changes were not being enacted tonight. Staff was
asking City Council to provide direction on these topics. Draft ordinance language
would come before the Planning Commission and City Council later for adoption.
The City Council and Staff discussed the proposed waiver of a Site Development
Review in residential zoning for certain accessory structures, as detailed in the Staff
Report. By consensus, the City Council agreed that all multi-family, commercial and
industrial accessory structure, which are less than 120 square feet in size or are not
visible from the right-of-way, be reviewed pursuant to a Site Development Review
DUBLIN CITY COUNCIL MINUTES i~
VOLUME 28 ~ ~
REGULAR MEETING 19 ~~~ ~~
May 5, 2009 \ !~ ~
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RESOLUTION NO. 99 -10
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND
ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT 8Cr1
(VILLAGES AT WILLOW CREEK)
RESOLUTION NO. 100 -10
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND
ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING MAINTENANCE
ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA)
RESOLUTION NO. 101 -10
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND
ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AND TRACT 7067)
•
Temporary Amendment to the Sign Regulations (Chapter 8.84)
and Permit Procedures (Chapter 8.96) of the Dublin Zoning Ordinance
8:09:40 PM 6.2 (400-30/450-20)
Community Development Director Jeri Ram presented the Staff Report and advised that the
City Council would consider the extension of temporary modifications to Chapter 8.84, Sign
Regulations, and Chapter 8.96, Permit Procedures, of the Dublin Zoning Ordinance which
contributed to the City's program to provide an economic stimulus to business owners in the
current economic climate. The modifications would be in effect for a period of one year, until
August 20, 2011. The City Council would also provide Staff with direction regarding
permanent modifications to the Temporary Promotional Banner regulations.
Mayor Sbranti opened the public hearing.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
Cm. Hart stated his support of Staff recommendation.
DUBLIN CITY COUNCIL MINUTES 13
VOLUME 29
ADJOURNED REGULAR MEETING ,~~,~~~~
JUNE 22, 2010 `~~~ ~
ATTACHMENT 3
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Waiver. Accessory structures in a single-family residential zoning district would not
longer require a Site Development Review.
The City Council and Staff discussed the City's requirement of a SDR for all residential
additions over 500 square feet in size. It allowed Staff to review the proposal and
notify residents within 300 feet of the project site and added an additional step in the
review process for homeowners. By consensus, the City Council agreed to continue the
process for these additions.
The City Council and Staff discussed a temporary two year modification to extend the
valid period of a Permit from one year, with a six month extension, to two years, with a
six month extension. By consensus, the City Council agreed with this suggested
modification.
The City Council and Staff discussed temporary rnodifications to the sign regulations
for promotional banners and balloons.
Vm. Hildenbrand stated she would not support the proposed modifications to the
promotional banner and balloon requirements, and would like to keep the permit fees
as-is.
Cm. Hart asked what prompted the proposal.
City Manager Pattillo stated this proposal was brought forward by the Chamber of
Commerce.
Vm. Hildenbrand reiterated that she would not support any of the changes. The City of
Dublin was an attractive community that set sta.ndards on balloons and signage. There
was not an economic incentive for the community to change these regulations. It was
important to promote community aesthetics. The banners would not increase business
in Dublin.
Cm. Hart stated the City Council should take a look at this in light of the economic
times to benefit businesses.
Mayor Sbranti stated he did not see any benefit in changing the regulations for the
balloons. He did not have a problem with the proposed modifications to banner
regulations, while protecting the aesthetic nature of the community.
DUBLIN CITY COUNCIL MINUTES 12
VOLUME 28
REGULAR MEETING G~~~
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Cm. Biddle stated he did not want a situation to exist where there were a lot of
promotional signs and banners. There should be the flexibility of a square foot number
for a banner.
Cm. Scholz stated this item was only for two years and the City was in tough economic
times. The City looked great and extending the length of time a sign was up or having
balloons was not going to make the City look bad. She would compromise and suggest
supporting the banner modifications, but taking out the balloon modifications.
Mayor Sbranti stated the issue could be brought back in a year for review. If there were
concerns or violations, the City could re-evaluate the decision.
Cm. Hart stated the proposed changes could have a significant impact on the
community, but would side err on the side of caution and benefit to the business
community. He would be supportive of a shortened trial period, 6 months or a year.
By consensus, the City Council agreed to a one-year temporary modification to the
promotional banner regulations, no modifications for balloons, and to keep the permit
fee.
The City Council directed Staff that there would be no changes to the Site Development
Review Chapter; the City would continue to require site development reviews for
residential room additions over 500 square feet; there would be an increase in the
length of time for permits being valid; the majority of City Council members agreed to
the modifications in regard to promotional banners, no changes in regard to balloons,
and there would not be a waiving of applications fees. These promotional banner
modifications would be back in one year for review.
•--
Sales Tax Reimbursement Program A~reement with Ring Prouerties
9:31 p.m. 8.2 (600-30}
Assistant to the City Manager Linda Maurer presented the Staff Report and advised that
the City Council would consider a Sales Tax Reimbursement Agreement between the
DUBLIN CITY COUNCIL MINUTES 13
VOLUME 28
REGULAR MEETING G`~
May 5, 2009 '~~ ~5~~,~
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Information Systems Manager Steve Pappa stated the computers would be recycled by an
electronic recycling company.
Cm. Pattillo stated that this issue had been studied before by Staff and it was determined
that the upgrades necessary to make the computers viable would be quite costly.
On motion of Cm. Hart, seconded by Cm. Scholz and by unanimous vote (Mayor Sbranti
absent), the City Council adopted
RESOL UTION NO. 100 - 09
A UTHORIZING STAFF TO PROCURE DESK-TOP COMPUTERS
FROM DELL, INC.
•---
WRITTEN COMMUNICATIONS - None
•
PUBLIC HEARINGS
Zoning Ordinance Amendment and Site Development Review Permit Fee -
Amendment to the Sign Regulations and the Permit Procedures Chapters (Chapter
8.84 and Chapter 8.96) of the Zoning Ordinance to be Effective for a One-Year
Period, and Amendment to the Site Development Review Chapter (Chapter 8.104) of
the Zoning Ordinance and a Site Development Review Fee for Residential Additions
and Residential Tear powns, ZOA 09-001 (400-30/410-30/450-20~
7:46 p.m. 6.1 (400-30/410-30/450-20)
Vice Mayor Hildenbrand opened the public hearing.
Senior Planner Marnie Nuccio presented the Staff Report and advised that, at the request
of the City Council, the Planning Division had identified several alternatives to streamline
the entitlement process for development applications and to promote businesses in Dublin.
These alternatives included permanent modifications to the Site Development Review
DUBLIN CITY COUNCIL MINUTES ~
VOLUME 28
REGULAR MEETING 19~ ~~;~~
July 7, 2009 `\~~ /
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ATTACHMENT 2
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Chapter (Chapter 8.104) regarding the level of review required for projects, and temporary
modifications to the Sign Regulations (Chapter 8.84) to facilitate the use of banner signs
and balloon signs and Permit Procedures (Chapter 8.96) to extend the effective period for
permits. The City Council would also consider adopting a$500 fee for Site Development
Review of all residential additions and residential demolition and construction where Site
Development Review was required pursuant to Chapter 8.104, Site Development Review,
of the Dublin Zoning Ordinance.
No testimony was received by any member of the public relative to this issue.
Vice Mayor Hildenbrand closed the public hearing.
Cm. Hart thanked Staff for putting the Staff Report together. This was a change in the
way the City conducted business. It improved the permit process. It was a benefit to the
community. He was still in support of allowing banners to be in place for 30 days versus
the proposed 21 days. He asked that the City Council consider the change to 30 days.
Vm. Hildenbrand stated she did not want to change any sign ordinances in the City. It
would not make a difference for businesses.
Cm. Hart stated there were many small businesses in driveway areas that might benefit
from longer banner times.
Cm. Biddle asked if there were a.ny other ordinances or sections that should be reviewed.
Community Development Director Jeri Ram stated that one of the City Council's Goals &
Objectives was to review the City's parking ordinance to see if there was a way to address
some of the challenges the City had in the past couple of years. That would be completed
this fiscal year.
On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote (Mayor Sbranti
absent), the City Council waived the reading and introduced Ordinance Amending the
Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96
relating to Permit Procedures for a One-Year Period, ZOA 09-001; and waived the reading
and introduced an Ordinance Amending the Dublin Municipal Code Chapter 8.104
relating to Site Development Review, ZOA 09-001; and adopted
DUBLIN CITY COUNCIL MINUTES s
VOLUME 28
REGULAR MEETING ~r`'~~~i~
July 7, 2009 ~~ ~ ~
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RESOLUTION NO. 104 - 09
AMENDING RESOLUTION 49-06 TO REVISE THE ADOPTED FEE SCHEDULE
FOR RESIDENTIAL ADDITIONS OVER 500 SQUARE FEET IN SIZE AND
RESIDENTIAL DEMOLITION AND CONSTRUCTION PROJECTS WHICH
REQUIRE SITE DEVELOPMENT REVIEW
•~---
Bright Horizons Day Care Center - Appeal of the Planning Commission's
Approval of a Conditional Use Permit and Site Develoument Review PA 09-005
8:01 p.m. 6.2 (410-30)
Vice Mayor Hildenbrand opened the public hearing.
Assistant Planner Jaimee Rojo presented the Staff Report and advised that the City
Council would consider an appeal of the Planning Commission's approval of a
Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard and to
allow Off-Site Parking at 7051 Dublin Boulevard and approval of a Site Development
Review to modify an existing parking lot to accommodate an outdoor play area and make
associated site and exterior building improvements related to the operation of the Day
Care Center at 7035 Dublin Boulevard.
Cm. Hart asked for a visual representation of the appellants versus the 300-foot area that
was noticed.
Ms. Rojo stated that most of those residences were captured within the 300-foot notice
area.
Community Development Jeri Ram stated if the depths of the yards of the homes were 75-
100-feet deep, it would not capture all the homes that filed the appeal.
Melissa Thompson, Dublin resident, turned in a speaker slip in opposition of the project.
Arthur Garibaldi, Dublin resident, turned in a speaker slip in opposition of the project.
DUBLIN CITY COUNCIL MINUTES 9
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REGULAR MEETING ~ '~j~
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Vm. Hildenbrand stated the original zoning ordinance was established for a reason and that
she liked the way it was originally written.
Cm. Biddle supported the changes specifically in allowing the businesses the flexibility of
configuration changes of the promotional banners.
Mayor Sbranti stated he supported the modifications which were modest and did not see this
as a problem in the business community.
On motion of Cm. Scholz, seconded by Cm. Hart, opposed by Vm. Hildenbrand and by a four
to one vote, the City Council introduced Ordinance Amending the Dublin Municipal Code
Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for
a One-Year Period, PLPA 2010-Q0021; and directed Staff to prepare permanent
modifications related to Temporary Promotional Banner regulations of the Zoning Ordinance.
•
Public Hearing: Adoption of Rates for
Garbage Collection, Disposal, and Recycling Services Provided
By Amador Vallev Industries and Establishinq the 2010-2011 Annual Assessment
8:18:28 PM 6.3 (600-30)
Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the
agreement for solid waste services between the City and Amador Valley Industries (AVI)
required the City to adopt a rate schedule, which was estimated to produce a specified
revenue amount as identified in the Agreement. The City had also adopted an Ordinance,
which required all parcels in the City to subscribe to weekly minimum garbage service. For
residential properties that were serviced with individual containers, the City collected the
annual cost of minimum service with the property tax bill. The City Council would consider
adopting two separate resolutions establishing the garbage rates effective July 1, 2010 and
establishing the Fiscal Year 2010-2011 refuse related property tax assessment
Mr. Gordon Galvan, of AVI, concurred with Staff's recommendation and encouraged City
Council to support the resolution before them.
Mayor Sbranti opened the public hearing.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City
Council adopted
DUBLIN CITY COUNCIL MINUTES i4
VOLUME 29 ~
ADJOURNED REGULAR MEETING 9`'` C~~~
J U N E 22, 2010 `~
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ORDINANCE NO. 15 - 09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING ZONING ORDINANCE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING
DISTRICTS AND PERMITTED USES), CHAPTER 8.76 (OFF STREET PARKING AND
LOADING), CHAPTER 8.116 (ZONING CLEARANCE), CHAPTER 8.132 (NOTICE AND
HEARING) AND THE CREATION OF TWO NEW CHAPTERS: 8.70 (RECREATIONAL
FACILITIES (INDOOR)) AND 8.102 (MINOR USE PERMfT) RELATING TO INDOOR
RECREATIONAL FACILITIES
ZOA 09-002
WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning
Ordinance for ways to streamline the entitlement process for development applications and to
promote businesses in Dublin; and
WHEREAS, Staff has identified proposed amendments to the Dublin Zoning Ordinance
to modify the permit and parking requirements for Indoor Recreational Facilities in order to
streamline the apptication process for these types of uses. The amendments include
modifications to Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses),
Chapter 8.76 (Off Street Parking and Loading), Chapter 8.116 (Zoning Clearance~, and Chapter
8.132 (Notice and Hearing). Amendments also include the creation of two new Chapters:
Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Pe~mit); and
WHEREAS, the text amendments are shown in Sections 2 through Section 9 of this
Ordinance; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this
project on October 13, 2009 and adopted Resolution 09-039 recommending that the Gity
Council approve amendments to Title 8(Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on November
3, 2009; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve
the Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General
Plan; and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Page 1 of 10
ATTACHMENT 4
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Section 1:
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b) (3). Section
15601(b) (3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. This adoption of this ordinance is exempt from CEQA
because the ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately.
Section 2:
The following new definitions are added to Chapter 8.08 (Definitions) of Title 8 of the Dublin
Municipal Code to read as follows:
8.08.20 Definitions (A-Z)
Auditorium (use type). The term Auditorium shall mean a large room to accommodate an audience in
a building such as a school or theater.
Billiard/Pool Hall (use type). The term Billiard/Pool Hall shall mean a place where people gather for
playing pool and/or other cue sports. Such establishments often serve alcohol and may have gaming
machines, darts, foosball and other games on the side.
Card Room (use type). The term Card Room shall mean a gambling establishment that exclusively
offers card games for play by the public.
Comedy Club (use type). The term Comedy Club shall mean a commercial establishment that offers
comedy stage shows and charges either a fee for admission or requires a purchase of item(s) at the
venue.
Health Club/Fitness Center (use type). The term Health Club/Fitness Center shall mean a place
which houses exercise equipment for the purpose of physical exercise. Often there are also group
exercise courses for aerobics or the like offered. Health Club/Fitness Centers generally charge a fee to
allow visitors to use the equipment, courses, and other provided services. A Health Club/Fitness Center
may or may not include an indoor sauna, spa or hot tub facilities or other ancillary facilities such as a
pool or sports courts.
Nightclub (use type). The term Nightclub can include any type of club with peak operating hours in the
late evening and nighttime hours (typically after 8:00 p.m.). Nightclubs can include a comedy club,
karaoke club, or other entertainment use that is determined to be substantially similar to the above by
the Community Development Director.
Recording Studio (use type). The term Recording Studio shall mean a studio where sound or video
recordings are made.
Theater (other than Adult Business Establishment) (use type). The term Theater shall mean a
structure where movies are shown, theatrical works or plays are performed, or other perFormances such
as musical concerts may be given.
Page 2 of 10
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Section 3:
The following definition in Chapter 8.08 (Definitions) of Title 8 of the Dublin Municipal Code is
amended to read as follows:
8.08.020 Definitions (A-Z)
Recreational Facilityllndoor (use type). The term Recreational Faciliry/Indoor shall mean
establishments providing amusement, entertainment, or physical fitness services typically occurring
indoors for a fee or admission charge, such as, but not limited to: arcades containing coin-operated
amusements and/or electronic games (five or more such games or coin-operated amusements in any
establishment constitutes an arcade pursuant to this definition, four or less are not considered a land
use separate from the primary land use of the site); bowling alleys; laser tag businesses; ice skating and
roller skating; art/dance/exercise studio; drama/voice/instrument instructional studio; indoor play center
(rock climbing or inflatable party place); Health Club/Fitness Center; martial arts studios; tennis;
handball; badminton, racquetball; indoor archery and shooting ranges; indoor soccer or hockey facilities;
swimming pools; and other indoor sports activities determined to be substantially similar to the above by
the Community Development Director. Recreational Facility/Indoor does not include a dance floor.
Section 4•
Sectian 8.12.050 of Chapter 8.12 (Zoning Districts and Permitted Uses) of Title 8 of the Dublin
Municipal Code is amended to read as follows
8.12.050 Permitted and Conditionally Permitted Land Uses (Only those sections of the table
which are proposed to be amended are shown. All use types not shown are proposed to remain
as is.)
COMMERCIAL USE TYPES
COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Auditorium - - - - - - C2A C/ZA C2A C/ZA -
Billiard/Pool Hall - - - - - - C2A C/ZA C/ZA C/ZA -
Card Room - - - - - - C/ZA C/ZA C/ZA C2A -
Comed Club - - - - C/ZA C2A P P C2A C/ZA -
Ni htclub - - - - C/ZA C2A ClZA ClZA C2A C/ZA -
Recreational Facility/Indoor
See Cha ter 8.70 - - - - - - ZC/
MUP ZC/
MUP ZC/
MUP ZC/
MUP ZC/
MUP
Recordin Studio - - - - _ _ _ _ p p _
Theater (other than Adult
Business Establishment - - - - - P P P C/ZA C/ZA -
KEY/DECISIONMAKER AUTHORITY
Permitted P
Not Permitted -
Zonin Clearance ZC
Minor Use Permit MUP
Conditional Use Permit/Zonin Administrator C/ZA
Conditional Use PermiUPlannin Commission C/PC
Tem ora Use Permit TUP
Page 3 of 10
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Section 5:
Subsection F of section 8.76.050 and subsection D of Section 8.76.080 of Chapter 8.76 (Off
Street Parking and Loading Regulations) of Title 8 of the Dublin Municipal Code are amended
to read as follows:
Section 8.76.050
F. Parking Reductions for Shared Parking. When shared off-street parking is proposed between
two or more adjacent use types, the Zoning Administrator may grant a reduction in off-street
parking requirements (from the sum of the parking required by each use type) in compliance with
Chapter 8.100, Conditional Use Permit. Reductions for shared parking may be granted if a
report by a registered traffic engineer shows that requirements 1-4 below are met and if
requirement 5 is met:
1. The Conditional Use Permit findings can be made.
2. A sufficient number of spaces are provided to meet the greatest parking demands of the
participating use types and to ensure that there will not be a parking deficiency.
3. Satisfactory evidence is provided that the use types, by their natures and operating times,
will not conflict with each other.
4. Overtlow parking will not adversely affect any adjacent use.
5. Additional documents, covenants, deed restrictions, or other agreements as may be.
deemed necessary by the Zoning Administrator are executed to assure that the required
parking spaces provided are maintained and that uses with similar hours and parking
requirements as those uses sharing the parking facilities remain for the life of the
documents, covenants, deed restrictions, or other agreements.
The Community Development Director may grant a reduction in off-street parking requirements
(from the sum of the parking required by each use type) for Indoor Recreational Facilities in
compliance with Chapter 8.70, Indoor Recreational Facilities, Chapter 8.102, Minor Use Permit
and this section. Reductions for shared parking for an Indoor Recreational Facility may be
granted if the Community Development Director finds each of the following standards are met.
The Applicant for any reduction under this provision shall submit a written statement, signed by
the Property Owner, which demonstrates the following standards are met:
1. The required findings of Chapter 8.102 (Minor Use Permit) can be made.
2. A sufficient number of spaces are provided to meet the greatest parking demands of the
participating use types and to ensure that there will not be a parking deficiency.
3. Satisfactory evidence is provided that the use types, by their natures and operating times,
will not conflict with each other.
4. Overflow parking will not adversely affect any adjacent use.
5. Additional documents, covenants, deed restrictions, or other agreements as may be
deemed necessary by the Community Development Director are executed to assure that
the required parking spaces provided are maintained and that uses with similar hours and
parking requirements as those uses sharing the parking facilities remain for the life of the
documents, covenants, deed restrictions, or other agreements.
Page 4 of 10
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If the standards above cannot be met, the Community Development Director may not grant the
reduction.
Section 8.76.080 (Only those sections of the table which are proposed to be amended are shown.
All use types not shown are proposed to remain as is.)
D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as
follows:
Billiard and Pool Hall 2 per pool table, plus 1 per 250 square feet of accessory
uses s ace not devoted to ool tables
Card Room 1 er 200 s uare feet
Comedy Club If the club is to be located in an existing and operating
Eating and Drinking Establishment, no additional parking
spaces are required.
Otherwise, 1 er 100 s uare feet
Nightclub If the club is to be located in an existing and operating
Eating and Drinking Establishment, no additional parking
spaces are required.
Otherwise, 1 er 100 s uare feet
Recordin Studio 5 s aces lus one for each em lo ee on the lar est shift
Recreational Facili Indoor
Arcade/Game Center 1 er 200 s uare feet
Art, dance, or exercise studio 1 er 200 s uare feet
Bowling Alleys 5 per lane, plus 1 per 250 square feet of accessory uses
s ace not devoted to lanes
Drama/voice/instrument instructional 1 per 200 square feet
studio
Handball, badminton, tennis, racquetball 2 per court, plus 1 per 3 fixed seats for spectator area,
facilities plus 1 per 250 square feet of accessory uses (space not
devoted to courts or s ectator area
Health Clubs/Fitness Center 1 er 150 s uare feet
Indoor play center (i.e. rock climbing 1 per 200 square feet
wall, inflatable a lace
Indoor sport arenas (soccer/volleyball) 50 per field or sports court, plus 1 per 3 fixed seats for
spectator area, plus 1 per 250 square feet of accessory
uses s ace not devoted to fields or s ectator area
Martial Arts Studio 1 er 200 s uare feet
Skating/Ice Rinks 1 per 175 square feet of rink area, plus 1 per 250 square
feet of accesso uses s ace not devoted to skatin rink
Recreational Facilit /Outdoor
Swimming Pools 1 per 100 square feet of pool area, plus 1 per 3 fixed
seats for spectator area, plus 1 per 250 square feet of
accessory uses (space not devoted to pool or spectator
area
Section 6:
Chapter 8.116 (Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to read
as follows:
Page 5 of 10
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CHAPTER 8.116 ZONING CLEARANCE
8.116.010 Purpose. The purpose of this Section is to establish a procedure for certifying
conformance of a Building Permit, Sign application, or Recreational Facility (Indoor)
application with the requirements of this Title, the General Plan, any applicable Specific
Plans, and the terms and conditions of any applicable permits or variances. Rev. Ord.
15-09 (November 2009)
8.116.020 Applications Requiring a Zoning Clearance.
A. Building Permit.
B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as
requiring a Zoning Clearance.
C. Recreational Facilities (Indoor) that meet the standards specified in Section 8.70.040A.
Rev. Ord. 15-09 (November 2009)
8.116.030 Apptication. The Applicant shall submit a complete application for a Building Permit for
a structure or a sign. Rev. Ord. 1-04 (January 2Q04)
If the Zoning Clearance is for a Recreational Facility (Indoorj, the Applicant shall submit a
"Zoning Clearance for Recreational Facilities (Indoor)" form along with a site plan, written
stafement, and floor plan of the building or tenant space. Rev. Ord. 15-09 (November
2009)
8.116.040 Approval. The Director shall decide Zoning Clearance applications as follows:
A. Building Permit. All building permit applications shall be reviewed for consistency with
the regulations of this Title as required by Chapter 8.04, Title Purpose and Authority. The
Zoning Clearance approval for a Building Permit shall be a signature and date on the
Building Permit and an initialed and dated stamp of approval on the approved building
plans.
B. Signs. All signs identified in the Sign Regulations as requiring a Zoning Clearance shall
be applied for and approved as in Section 8.116.040.A, Building Permit.
C. Recreational Facility (Indoor). All Recreational Facilities (Indoor) shall be reviewed for
compliance with Chapter 8.70 (Recreational Facilities (tndoor)). The Zoning Clearance
approval for a Recreational Facility (Indoor) shall be a completed "Zoning Clearance for
Recreational Facilities (Indoor)" form with the date and signature of the Community
Development Director or his/her designee. Rev. Ord. 15-09 (November 2009)
8.116.050 Expiration of Zoning Clearance. A Zoning Clearance issued in conjunction with a
Building Permit shall expire when the Building Permit expires. A Zoning Clearance issued
in conjunction with a Recreational Facility (Indoor) shall expire when the use is no longer
operational or the facility is no longer in compliance with Chapter 8.70 (Recreational
Facilities (Indoor)). Rev. Ord. 15-09 (November 2009)
Page 6 of 10
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Section 7:
Sections 8.132.040 and 8.132.050 of Chapter 8.132 (Notice and Hearing) of Title 8 of the
Dublin Municipal Code are amended to read as follows:
8.132.040 Consideration of Minor Use Permit, Site Development Review, and Variance.
The Director or his/her designee may approve, conditionally approve or deny a Minor Use
Permit or Site Development Review without a public hearing. The Zoning Administrator
may approve, conditionally approve or deny a Variance without a public hearing.
8.132.050 Notice of Decision. Where the Director considers a Minor Use Permit or Site
Development Review or the Zoning Administrator considers a Variance pursuant to this
Title, a Notice of Decision shall be given as follows:
Section 8:
New Chapter 8.70 (Recreational Facility (Indoor)) is added to Title 8 of the Dublin Municipal
Code to read as follows:
CHAPTER 8.70 Recreational Facilities (Indoor)
8.70.010 Purpose. The purpose of this section is to provide regulations to guide the appropriate
establishment of Recreational Facilities (Indoor).
8.70.020 Intent. The intent of this section is to ensure that Recreational Facilities (Indoor) meet all of
the following objectives. That the facility:
A. Allows for the safe and appropriate use of the building and/or space in which the facility is located.
B. Does not negatively impact the character of the commercial or industrial neighborhood in which the
facility is located.
C. Does not negatively impact traffic or parking facilities in the neighborhood.
D. Complies with all Building and Fire Code regulations for the use and occupancy type of the facility.
E. Conforms to all provisions of the zoning district in which it is located.
F. Complies with all Development Standards and Regulations of Chapter 8.70, Recreational Facilities
(fndoor).
8.70.030 Development Standards and Regulations. An Indoor Recreation Facility shall comply
with all development standards and regulations for the zoning district in which it is located
and any applicable other provisions of the City Code or regulations, including occupancy,
accessibility, California Building Code, and Fire Code requirements.
8.70.040 Permitting Procedures.
A. Zoning Clearance. A proposed Recreational Facility (Indoor) shall be approved ministerially
with a Zoning Clearance and without discretionary review or a public hearing if it meets the
following standards:
Page 7 of 10
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1. Meets ail Development Standards and Regulations under Section 8.70.030.
2. The hours of operation are no earlier than 6:00 a.m. and no later than 10:00 p.m.
3. Meets the parking requirement for the use type in accordance with the requirements of
Section 8.76.080 (Parking Requirements By Type) without any adjustments, reductions or
variances.
4. The facility qualifies for an exemption for environmental review under the California
Environmental Quality Act (CEQA).
A Zoning Clearance form shall document the compliance of the Recreational Facility (Indoor) with the
above requirements and shall be kept on file in the Community Development Department for the
duration of the operation of the Recreational Facility (Indoor).
B. Minor Use Permit. A proposed Recreational Facility (Indoor) that does not meet the
requirements for approval by zoning clearance under Section 8.70.040A shall require approval of
a Minor Use Permit under Chapter 8.102 (Minor Use Permit).
Section 9•
New Chapter 8.102 (Minor Use Permit) is added to Title 8 of the Dublin Municipal Code to read
as follows:
CHAPTER 8.102 MINOR USE PERMIT
8.102.010 Purpose. The purpose of this Chapter is to establish a procedure for approving or
denying land uses that are subject to a minor use permit requirement under the City
Code. Such uses would only be approved if their effect on the surrounding environment
can be made acceptable through the application of conditions of approval.
8.102.020 Uses Requiring a Minor Use Permit. The uses and related structures requiring a Minor
Use Permit shall be limited to those in Chapter 8.12, Zoning Districts and Allowable Uses
of Land, for each zoning district, and elsewhere in this Ordinance.
8.102.030 Application. The Applicant shall submit a complete application pursuant to Chapter
8.124, Applications, Fees and Deposits, accompanied by a fee and/or deposit and such
materials as are required by the Community Development Director.
8.102.040 Concurrent Consideration. When a Minor Use Permit is required for a project which is
also subject to a Zoning Ordinance Amendment, Specific Plan, Specific Plan Amendment,
or General Plan Amendment, it shall be approved or denied by the same decision-maker
or body for those actions.
8.102.050 Notice and Hearings. Minor Use Permit applications shall be considered by the
Community Development Director with notice pursuant to Chapter 8.132, Notice and
Hearings. A Notice of Decision shall be provided not less than 10 days before the date of
a scheduled decision by the Community Development Director.
8.102.060 Required Findings. The following findings shall all be made in order to approve a Minor
Use Permit and shall be stated in the Notice of Decision:
Page 8 of 10
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A. The proposed use and related structures are compatible with other land uses, transportation and
service facilities in the vicinity.
B. The proposed use meets the parking requirement for the use type in accordance with the
requirements of Chapter 8.76 (Off-Street Parking and Loading), which could include a parking
reduction for shared parking.
C. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be
detrimental to the public health, safety and welfare.
D. It will not be injurious to property or improvements in the neighborhood.
E. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to the
public health, safety, and welfare.
F. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed.
G. The proposed use will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located.
H. The proposed use is consistent with the Dublin General Plan and with any applicable Specific
Plans.
8.102.070 Action. The decision maker for Minor Use Permits shall be the Community Development
Director (or his/her designee). The decision maker may approve, conditionally approve,
or deny a Minor Use Permit based on the required findings in Section 8.102.060. If the
Community Development Director determines that the proposed use could have impacts
that should be considered by the Planning Commission at a public hearing, the
Community Development Director may refer decision making on the Minor Use Permit to
the Planning Commission.
8.102.080 Amendments.
A. Minor Amendment. The Community Development Director or hislher designee shall determine
that a minor amendment to a Minor Use Permit is in substantial conformance with the Minor Use
Permit if it is a minor project as described below, is Categorically Exempt from the California
Environmental Quality Act, and is consistent with the conditions of approval for the permit. It is
not the intent of this Chapter that a series of Minor Amendments be used to circumvent the need
for a new Minor Use Permit. A minor project shall include any of the following:
The cumulative physical expansion of any structure approved in the original Minor Use
Permit by no more than 1,000 square feet.
2. The expansion or intensification of use by no more than 10% of the original use.
3. Relocation of a use within the same property or structure.
4. A maximum 25% increase or decrease in hours of operation.
Page 9 of 10
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B. Other Amendments. The process for amending a Minor Use Permit shall be the same as the
process for approving a Minor Use Permit except that the decision-maker for such Minor Use
Permit shall be the same decision-maker that ultimately approved the Minor Use Permit including
any approval on appeal, or by referral.
8.902.090 Building Permits. Building Permits shall not be issued except in accordance with the
terms and conditions of the Minor Use Permit approval.
8.102.100 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply
except as otherwise provided in this Chapter.
Section 10:
Severability. In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
Section 11:
Savings Clause. Alf code provisions, ordinances, and parts of ordinances in conflict with the
provisions of this chapter are repealed. The provisions of this chapter, insofar as they are
substantially the same as existing code provisions relating to the same subject matter shall be
construed as restatements and continuations thereof and not as new enactments. With respect,
however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective
date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed
to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings,
with respect to any such violation, right, liabifity or appeal.
Section 12:
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED this 17~' day of November, 2009, by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None .~
~ - ,.
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Mayor
AT ST:
_(
City Clerk
Page 10 of 10
SIGN REGULATIONS
Chapter 8.84
CHAPTER 8.84 SIGN REGULATIONS (only showing those sections that have proposed amendments)
8.84.030 Sign Approvals and Decisionmaker Authority by Zoning District. Matrix A, Sign Approvals and Decisionmaker Authority
prescribes the necessary permits and the decisionmaker authority applicable to the specified signs for each zoning district: Rev.
Ord. 18-98 (11/3/98)
MATRIX A
SIGN APPROVALS AND DECISIONMAKER AUTHORiTY BY 7.nNING DiSTRI('T *
~
y
~
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x
~
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Sign Type A R-], R-2,
R-M C-N C-O C-1 C-2 M-P, M-1, M-
2
Awnin E X ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP
Comin Soon X X ZC ZC ZC ZC ZC
Communit ID X ZC ZC ZC ZC ZC ZC
Electronic Readerboard X X CUP(PC) CUP(PC) CUP(PC) CUP C CUP PC)
Freestandin 20' or less in ht. E X ZC X BP BP BP
Freestanding greater than 20' in
hei ht X X X X SDR SDR SDR
Grand-O enin X X ZC ZC ZC ZC ZC
Identification ** ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZGSDR ZC/SDR
Master Si Pro am SDR(ZA) X SDR ZA) SDR(ZA SDR(ZA) SDR(ZA SDR(ZA)
Office Buildin Master ID X X ZC ZC ZC ZC ZC
Off-Site Residential
Develo ment Directional BP BP BP BP BP BP BP
Off-Site Temporary For Sale or
Lease E X ZC ZC ZC ZC ZC
O en-House X Permitted X X X X X
Permanent Banner Si X X X X MSP/SDR MSP/SDR MSP/SDR
Pro'ectin E X BP BP BP BP BP
Service Station Display
Structure X X ZC X ZC ZC ZC
Service Station Price Si X X ZC X ZC ZC ZC
S ecial Easement E X ZC ZC ZC ZC ZC
City of Dub/in Zoning Ordinance 84-1 September 1997
Revised November 2010 ~Z~ ^~;T^•~-~;r- ~~z~~
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SIGN REGULATIONS
Chapter 8.84
Sign Type A R-1, R-2,
R-M GN C-O C-1 G2 M-P, M-], M-
2
Temporary Promotional (~-5-
21 da s X ZC*** ZC ZC ZC ZC ZC
Tenant Director X X BP BP BP BP BP
Wall E X BP BP BP BP BP
Window X X BP BP BP BP BP
Notes for Matrix A:
E Business Signs not exceeding an area of ten (10) square feet per side are permitted per Section 8.84.090. and subject to Building Permit
BP Permitted and subject to Building Permit
CUP Conditional Use Permit Approval Required and subject to Building Permit
SDR Site Development Review Approval by Staff Required and subject to Building Permit
PC Planning Commission is decision maker authority
ZA Zoning Administrator is decision maker authority
ZC Zoning Clearance by Staff Required and subject to Building Pernut
X Not Pernutted
* Matrix A does not reflect Exempt Signs in Section 8.84.140
** A sign of up to 24 square feet on a side is allowed with a Zoning Clearance and a sign of up to 36 square feet on a side is allowed with a Site Development
Review.
*** Only Temporary Banners, not exceeding 12-square feet, are allowed for apartment communities (see Section 8.84.020.B for definition). All other temporary
promotional signs are not allowed in this zoning district.
Planned Development signage is permitted by Section 8.84.100.
A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200.
Rev. Ord. 20-06 (November 2006)
d
City of Dub/in Zoning O~dinance 84-2 September 1997 ~~
Revised November 2010 "~~ nz~;'^~~^~ ~~~ "~, ',~ ~
°-~_~
SIGN REGULATIONS
Chapter 8.84
8.84.040 Matrix B, Sign Development Regulations. The following Matrix B, Sign Development Regulations, prescribes required
development regulations for permitted signs. The information in Matrix B is subordinate to and supplementary to the
information in Section 8.84.050, Signs Subject To Permits.
MATRIX B
SIGN DEVELOPMENT REGULATIONS **
Sign Type Section Maximum Maximum Maximum Area per side Location Requirements * Copy Restrictions * Additional
No. Number of Height in sq. ft. Regulations *
si ns
Awning 1 per business 2 ft. 6 in. 1 sq. ft. per lineal ft. of Tenant 1 per business or tenant N/A May project 36
Sec. 8.84.OSO.A or tenant Frontage to maximum of 150 frontage with maximum inches. More than
frontage as sq. ft. (with SDR, l.5/lineal ft. of three frontages. 36 inches with SDR.
permitted by to max of 250 sq. ft.); 25% Max. sign length of
Sec. 8.84.110 bonus if tenant space is 100 ft. 24 ft.
B.4. from Street.
Bulletin Board l 6 ft. 24 sq. ft. l0 ft. from front property Announcements pertaining
Sec. 8.84.050.B line; Must meet all other to an on-site church, school,
yard requirements. community center, park,
hospital or institutional
buildin .
Coming Soon 2 8 ft. 32 sq. ft. On construction site. Opening date, architect, May only be placed
Sec. 8.84.OSO.C engineer, contractor, future during time period
business, or lender. between building
permit and final
occu anc .
Community ID 1 20 ft. 120 sq. ft. Service club names and Illumination shall
Sec. 8.84.OSO.D emblems and community not be intermittent;
slogans Means of support
shall be concealed.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
~
City of Dub/in Zoning Ordinance 84-3 September 1997 C~
Revised November 201 D~z ~r~ n~,'^~~^~-~u~',-'~'~o ~
--~~p
SIGN REGULATIONS
Chapter 8.84
Sign Type , Section Maximum Maximum Height Maximum Area per Location Copy Restrictions * Additional
No. Number of si ns side in s. ft. Re uirements * Re ulations *
Electronic Per Sec. 8.84.1 l0 Per Sec. 8.84.110 if Per Sec. 8.84.110 if Per Sec. 8.84.110 if Per Sec. 8.84.1 l0 if Per Sec. 8.84.110 if
Readerboard Sec. if wall sign; wall sign; 8.84.120 if wall sign; 8.84.120 if wall sign; 8.84.120 if wall sign; 8.84.120 if wall sign; 8.84.120 if
8.84.OSO.E 8.84.120 if free- freestanding sign. freestanding sign. freestanding sign. freestanding sign. freestanding sign.
standin si n.
Freestanding 20' or 1 per parcel; 2 l0 ft. at property 15 sq. ft. per side at In a planter of Must indicate Must have minimum
less in height; or more with line; May be property line; May appropriate building address or clearance of l4 feet if
Freestanding greater Master Sign increased .5 ft. for increase 2.5 sq. feet dimension; Not closer address range. overhanging
than 20' in height. Program. every 1 ft. the sign is per side for each 1 ft. than 50 feet from R- vehicular way; Must
Sec. 8.84.120. set back from the sign is set back from O-W of Interstate not project into a
nearest street nearest street frontage Highway; Permitted public right-of-way.
frontage property property line. within required yards;
line up to a Maximum of 150 sq. At one or more main
maximum of 20 ft.; ft. entrances with Master
Up to 35 ft. with Sign Program.
SDR.
Grand-Opening 1 No limit. No limit. Must be displayed on Only effective within
Sec. 8.84.OSO.G the site on which 60 days of initial
grand-opening will occupancy; 30 day
occur. maximum.
Identification l 6 ft. 24 sq. ft. with Zoning None. Name and/or use of Means of support
Sec. 8.84.OSO.H Clearance; 36 sq. ft. building. shall be concealed.
with SDR.
Offce Building Master 1 8 ft. 25 sq. ft. None. Name of oftice 100 ft. minimum
~1~ building, institutional parcel frontage
Sec. 8.84.050.1 use and address required; Means of
support shall be
concealed.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
City of Dub/in Zoning Ordinance 84-4 September 1997
Revised November 2010 ~~^a "T^~~^~ ~~u~,-~'.'~, ',~
~
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SIGN REGULATIONS
Chapter 8.84
Sign Type Section No. Maximum Maximum Height Maximum Area per Location Requirements * Copy Restrictions * Additional
Number of side in sq. ft. Regulations *
si ns '
Off-Site Residential Determined by Determined by Determined by Determined by Director Determined by Director Determined by
Devetopment Directional Director of Director of Director of of Community of Community Director of
Sec.8.84.O50.J Community Community Community Development Development Community
Development Development Development Development
Off-Site Temporary For 1 per 100 ft. of 8 ft. l6 sq, ft. Off-site sign is located in For sale or lease; Name Must be constructed
sale or lease street frontage; immed. vicinity of and phone number of of wood, plywood,
Sec. 8.84.OSO.K Up to 2 per advertised premises w/o agent and/or agency. metal or other rigid
parcel. direct access to public material.
road.
Open-House Maximum of 4 3 ft. 4 sq. ft. On sidewalk and Not attached to any
Sec. 8.84.OSO.L per property; landscaping strip but public sign, post,
Up to 8 per cannot disrupt normal traffic signal or
inter-section. vehicular flow, block utility pole; No
One per views, block ingress or additional tags,
property being egress to any residence or riders, streamers,
advertised at a business, or restrict a balloons or other
given sidewalk to less than 32 attachments;
intersection inches. Prohibited in Permitted on
center divider or traffic Holidays, Saturdays
islands of public streets; and Sundays and
Cannot be within 5 ft. one agent tour day
radius of a call box, fre each week from
h drant or mail box. 10:00 a.m. to sunset.
Pedestrian/ Shingle l N/A 5 sq. ft. Suspended from canopy None. 8 ft. vertical
Sec. 8.84.OSO.M over a sidewalk directly clearance;
in front of the door of the Perpendicular to
business. business building
wall.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.I l0 and 8.84120. ~
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 ~
City of Dub/in Zoning Ordinance 84-5 September 1997 ~~
Revised November 2010 ~j ^~,'^~~~~'~~u ~~~-,-z',~ --~
~
--i....
SIGN REGULATIONS
Chapter 8.84
Sign Type Section No. Maximum Maximum Height Maximum Area per Location Requirements * Copy Restrictions * Additional
Number of side in sq. ft. Regulations *
si ns
Permanent Banner N/A Per MSP/SDR Per MSP/SDR Per MSP/SDR Name of shopping center, Maintain in good
Sec. 8.84.OSO.N business or logo. condition; Subject
to semi-annual
review; Replace if in
oor maintenance.
Projecting 1 per business. 2 ft. 6 in.; May be 16 sq. ft.; May be In middle 1/3 of front N/A Sec. 8.84.110 (C)
Sec. 8.84.OSO.P increased through increased through wall of building.
SDR. SDR.
Service Station Display l S ft. 16 sq. ft. None. Name of service station. May be combined
Structure with Service Station
Sec. 8.84.OSO.Q Price Signs; Placed
in landsca e lanter
Service Station Price 2 6 ft. 16 sq. ft for 3 fuel 1 per street frontage. Gasoline prices. May be combined
5igns products; 24 sq. ft for with Service Station
Sec. 8.84.OSO.R 4 fuel roducts. Dis la Structure.
Special Easement 1 4 ft. 24 sq. ft. Within immediate vicinity Name of business and/or In-lieu of
Sec. 8.84.OSO.S of the business the sign center. Freestanding Sign;
advertises. Business located on
parcel w/o direct
access or frontage
on improved ROW;
must be connected
by roadway/access
easement.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
~
°'~
City of Dub/in Zoning Ordinance 84-6 September 1997 ~
Revised November 2010 '~n~~~rZe-~z,~~~i;-~; '~o ~,
°---~a,
SIGN REGULATIONS
Chapter 8.84
Sign Type Section No. Maximum
Number of
si ns Maximum Height Maximum Area per
side in sq. ft. Location Requirements * Copy Restrictions * Additional
Regulations *
Temporary Promotional Per Zoning Per Zoning Clearance. Per Zoning Clearance. Only on site on which Per Zoning Clearance. Maximum of 21 ~-5
Sec. 8.84.OSO.T Clearance. business is located and consecutive calendar
Banner signs shall not shall not be located so days per permit; 21
be larger than39 that the siEn is hiEher 39 consecutive
....... °~°~ '~~-60 than the eave of the calendar day
sQUare feet structure in which the waiting period
business is located. between permits.
Reu Ord. 16-02
(November 2002)
Temporary Promotional One (l) Temporary Banner for Temporary Banners
Banner for Apartment Apartment for Apartment
Sec. 8.84.SOO.T Communities which Communities shall
shall not exceed 12 be allowed~-9
square feet
;a. ~n
F.: , .,.zs ~ cv
. ~:. ., l.. ~I
1
1
;4
. _~a,..
~o
~
~~~ ~~
Tl... .~1...-.,~;..., :
.,1.;..1. h......
.~..~, v~ ^~i-rJ V
;•...:_•====~R~a
maximum dt~r~ief3
display time of 90-
days per calendar
year in any time
configuration
desired.
Tenant Directory l N/A 12 sq. ft. At entrance of building Listing of tenant names None
Sec. 8.84.OSO.U on an exterior wall. and suite
numbers/letters.
City of Dub/in Zoning Ordinance 84-7
September 1997
~
~,
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•-..~,.._
Revised November 2010 ~Z ^-~~'~~ ^~~-~ ~-~~~ y ~~, ~,-~
SIGN REGULATIONS
Chapter 8.84
Wall l per business 2 ft. 6 in. 1 sq. ft. per lineal ft. of 1 per business or tenant N/A May project l2
Sec. 8.84.1 l OV or tenant Tenant Frontage to frontage with maximum inches, 30 inches w/
frontage with maximum of 150 sq. ft. of three frontages. SDR. Max. sign
Rev. Ord. 20-06 maximum of (with SDR, 1.5/lineal length 24 ft.
(November 2006) three frontages ft. to max of 250 sq.
ft.); 25% bonus if
tenant space is 100 ft.
from Street.
Window N/A N/A N/A inside a building. N/A Not more than 25%
Sec. 8.84.OSO.W of contiguous
window area.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.1 l0 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
~
~
City of Dub/in Zoning O~dinance 84-8 September 1997 ~~~
Revised November 2010 ~~~c~Are~~z;,~~-~~',~ -~
--.-_.._.
U~l~~ !~
SIGN REGULATIONS
Chapter 8.84
Sec. 8.84.050 Signs Subject To Permits. The following signs shall be allowed pursuant to the
permits required in the Zoning Districts as indicated in Matrix A(Section 8.84.030) and shall be
regulated as shown in Matrix B, (Section. 8.84.040) and as follows:
S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a
Zoning Clearance may be placed on site for a maximum of ~i~t~'°^~ twent -~~one (21~
consecutive calendar days per permit when used for special promotional events or needs. A
minimum waiting period of ~:"~ twent -one 21Zconsecutive calendar days between
permits is required, with the exception of balloons as defined herein and temporary banners
for apartment communities. A Banner Sign shall not be larger than 60 square feet and the
si~n shall not be located so that the siQn is taller than the eave of the structure in which the
business is located. -'~~~ ~~ ^'~°~ ~-, ~^ F ~* ; ~
One (1) temporary banner for apartment communities is permitted pursuant to a Zoning
Clearance and may be placed on site for a maximum of ten (10) consecutive calendar days
per permit when used for special promotional events or needs. A minimum waiting period of
twenty (20) consecutive calendar days between permits is required. In addition, the duration
in which banners may be displayed is limited to a maximum duration of 90-days per calendar
year. A temporary banner sign for apartment communities shall not be larger than 12-square
feet (see Section 8.84.020.B for definition of apartment communities).
Any tethered or un-tethered balloon of greater than 15 inches in diameter shall be permitted
only as a temporary promotional sign and subject to a permit. All balloons shall be tethered
to the ground only with the bottom of the balloon on the ground and shall not be permitted to
be attached to any structure or vehicle. No permit(s) singularly or cumulative shall be issued
that allows any temporary promotional signs that include balloons for more than 21 days per
calendar year. Zoning clearance(s) may be issued for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary
Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulative
shall be issued that allows any temporary promotional sign(s) that include searchlights for
more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than
15 days. Rev. Ord. 20-06 (November 2006)
City of Dub/in Zoning Ordinance 84-9
Revised November 2010 '~~~",'-e~.~z„~~-'~z~
~~/
~
~
ORDINANCE NO. xx -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
AMENDING CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE
RELATED TO TEMPORARY PROMOTIONAL BANNERS
PLPA-2010-00046
WHEREAS, on July 20, 2010, the City Council adopted Ordinance 15-10 which extended
for one year certain modifications to Dublin Municipal Code Chapter 8.84, Sign Regulations
intended to allow greater flexibility for posting banner signs; and
WHEREAS, Ordinance 15-10 will expire on August 19, 2011 and the previous
regulations will then take effect; and
WHEREAS, at the time it adopted Ordinance 15-10, the City Council directed Staff to
draft an ordinance making the temporary modifications to Chapter 8.84 permanent; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this
project on September 28, 2010 and adopted Resolution 10-47 recommending that the City
Council adopt an Ordinance amending Chapter 8.84 of the Dublin Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on October
19, 2010; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General
Plan; and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as
follows:
SFCTI(~N 1
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this Ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b) (3). Section
15601(b) (3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of this Ordinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately.
Attachment 6
~~ ~
~
SFCTI(~N ~
Section 8.84.030 of the Dublin Municipal Code is hereby amended to read as follows in its
entirety:
Section 8.84.030 Sign Approvals and Decisionmaker Authority by Zoning District.
Matrix A, Sign Approvals and Decisionmaker Authority prescribes the necessary permits and
the decisionmaker authority applicable to the specified signs for each zoning district:
Matrix A
Sian Approvals and Decisionmaker Authoritv bv Zonina District*
Sign T pe A R-1, R-2, R-M C-N C-O C-1 C-2 M-P, M-1, M-2
Awnin E X ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP
Comin Soon X X ZC ZC ZC ZC ZC
Communit ID X ZC ZC ZC ZC ZC ZC
Electronic Readerboard X X CUP PC CUP PC CUP PC CUP PC CUP PC
Freestanding 20' or less in
ht. E X ZC X BP BP BP
Freestanding greater than
20' in hei ht X X X X SDR SDR SDR
Grand-O enin X X ZC ZC ZC ZC ZC
Identification '" ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR
Master Sign Program SDR(ZA X SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA)
Office Buildin Master ID X X ZC ZC ZC ZC ZC
Off-Site Residential
Develo ment Directional BP BP BP BP BP BP BP
Off-Site Temporary For Sale
or Lease E X ZC ZC ZC ZC ZC
O en-House X Permitted X X X X X
Permanent Banner Sign X X X X MSP/SDR MSP/SD
R MSP/SDR
Pro'ectin E X BP BP BP BP BP
Service Station Display
Structure X X ZC X ZC ZC ZC
Service Station Price Si n X X ZC X ZC ZC ZC
S ecial Easement E X ZC ZC ZC ZC ZC
Temporary Promotional (21
da s X ZC*'* ZC ZC ZC ZC ZC
Tenant Directo X X BP BP BP BP BP
Wall E X BP BP BP BP BP
Window X X BP BP BP BP BP
Notes for Matrix A:
E Business Signs not exceeding an area of ten (10) square feet per side are permitted per Section 8.84.090. and subject to Building
Permit
BP Permitted and subject to Building Permit
CUP Conditional Use Permit Approval Required and subject to Building Permit
SDR Site Development Review Approval by Staff Required and subject to Building Permit
PC Planning Commission is decision maker authority
ZA Zoning Administrator is decision maker authority
ZC Zoning Clearance by Staff Required and subject to Building Permit
X Not Permitted
' Matrix A does not reflect Exempt Signs in Section 8.84.140
'* A sign of up to 24 square feet on a side is allowed with a Zoning Clearance and a sign of up to 36 square feet on a side is allowed
Page 2 of 8
, ~G~
with a Site Development Review.
"' Only Temporary Banners, not exceeding 12-square feet, are allowed for apartment communities (see Section 8.84.020.B for
definition). All other temporary promotional signs are not allowed in this zoning district.
Planned Development signage is permitted by Section 8.84.100.
A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200.
SECTION 3.
Section 8.84.040 of the Dublin Municipal Code is hereby amended to read as follows in its
entirety:
Section 8.84.040 Matrix B, Sign Development Regulations. The following Matrix B, Sign
Development Regulations, prescribes required development regulations for permitted signs.
The information in Matrix B is subordinate to and supplementary to the information in Section
8.84.050, Signs Subject To Permits."
Matrix B
Sian Develonment Reaulations **
Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional
Section Number of Height side Requirements* Regulations *
No. si ns in s. ft.
Awning 1 per business or 2 ft. 6 in. 1 sq. ft. per lineal ft. of 1 per business or N/A May project 36
Sec. tenant frontage as Tenant Frontage to tenant frontage inches. More
8.84.050.A permitted by Sec. maximum of 150 sq. ft. with maximum of than 36 inches
8.84.110 6.4. (with SDR, 1.5/lineal ft. three frontages. with SDR.
to max of 250 sq. ft.); Max. sign length
25°/a bonus if tenant of 24 ft.
space is 100 ft. from
Street.
Bulletin 1 6 ft. 24 sq. ft. 10 ft. from front Announcements
Board property line; pertaining to an on-site
Sec. Must meet all church, school,
8.84.050.B other yard community center,
requirements. park, hospital or
institutional buildin .
Coming 2 8 ft. 32 sq. ft. On construction Opening date, May only be
Soon site. architect, engineer, placed during
Sec. contractor, future time period
8.84.050.C business, or lender. between building
permit and final
occu anc .
Community 1 20 ft. 120 sq. ft. Service club names Illumination shall
ID and emblems and not be
Sec. community slogans intermittent;
8.84.050.D Means of
support shall be
concealed.
Electronic Per Sec. 8.84.110 Per Sec. Per Sec. 8.84.110 if wall Per Sec. 8.84.110 Per Sec. 8.84.110 if Per Sec.
Readerboar if wall sign; 8.84.110 if sign; 8.84.120 if if wall sign; wall sign; 8.84.120 if 8.84:110 if wall
d Sec. 8.84.120 if free- wall sign; freestanding sign. 8.84.120 if freestanding sign. sign; 8.84.120 if
8.84.050.E standing sign. 8.84.120 if freestanding sign. freestanding
freestandin sign.
si n.
Page 3 of 8
/~~~ ~ ~~
Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions' Additional
Section Number of Height side Requirements' Regulations "
No. si ns in sq. ft.
Freestandin 1 per parcel; 2 or 10 ft. at 15 sq. ft. per side at In a planter of Must indicate building Must have
g 20' or more with Master property property line; May appropriate address or address minimum
less in Sign Program. line; May increase 2.5 sq. feet per dimension; Not range. clearance of 14
height; be side for each 1 ft. sign is closer than 50 feet if
Freestandin increased set back from nearest feet from R-O-W overhanging
g greater .5 ft. for street frontage property of Interstate vehicular way;
than 20' in every 1 ft. line. Maximum of 150 sq. Highway; Must not project
height. the sign is ft. Permitted within into a public
Sec. set back required yards; At right-of-way.
8.84.120. from the one or more main
nearest entrances with
street Master Sign
frontage Program.
property
line up to a
maximum
of 20 ft.;
Up to 35 ft.
with SDR.
Grand- 1 No limit. No limit. Must be displayed Only effective
Opening on the site on within 60 days
Sec. which grand- of initial
8.84.050.G opening will occupancy; 30-
occur, da maximum.
Identificatio 1 6 ft. 24 sq. ft. with Zoning None. Name and/or use of Means of
n Clearance; 36 sq. ft. building. support shall be
Sec. with SDR. concealed.
8.84.050. H
Office 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum
Buildin
9
building, institutional
parcel frontage
Master ID use and address required; Means
Sec. of support shall
R ~a n~n i ~ .. ............~,..,
Off-Site Determined by Determined Determined by Director of Determined by Determined by Director Determined by
Residential Director of by Director Community Development Director of of Community Director of
Developme Community of Communiry Development Community
nt Development Community Development Development
Directional Developme
Sec. nt
8.84.050.J
Off-Site 1 per 100 ft. of 8 ft. 16 sq. ft. Off-site sign is For sale or lease; Must be
Temporary street frontage; located in immed. Name and phone constructed of
For sale or Up to 2 per vicinity of number of agent and/or wood, plywood,
lease parcel. advertised agency. metal or other
Sec. premises w/o rigid material.
8.84.050.K direct access to
ublic road.
Page 4 of 8
3~~ ~~
Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional
Section Number of Height side Requirements' Regulations "
No. si ns in sq. ft.
Open- Maximum of 4 per 3 ft. 4 sq. ft. On sidewalk and Not attached to
House property; Up to 8 landscaping strip any public sign,
Sec. per inter-section. but cannot disrupt post, tra~c
8.84.050.L One per property normal vehicular signal or utility
being advertised flow, block views, pole; No
at a given block ingress or additional tags,
intersection egress to any riders,
residence or streamers,
business, or balloons or
restrict a sidewalk other
to less than 32 attachments;
inches. Permitted on
Prohibited in Holidays,
center divider or Saturdays and
traffic islands of Sundays and
public streets; one agent tour
Cannot be within day each week
5 ft. radius of a from 10:00 a.m.
call box, fire to sunset.
hydrant or mail
box.
Pedestrian/ 1 N/A 5 sq. ft. Suspended from None. 8 ft. vertical
Shingle canopy over a clearance;
Sec. sidewalk directly Perpendicular
8.84.050.M in front of the door to business
of the business. buildin wall.
Permanent N/A Per Per MSP/SDR Per MSP/SDR Name of shopping Maintain in
Banner MSP/SDR center, business or good condition;
Sec. logo. Subject to
8.84.050.N semi-annual
review;
Replace if in
poor
maintenance.
Projecting 1 per business. 2 ft. 6 in.; 16 sq. ft.; May be In middle 1/3 of N/A Sec. 8.84.110
Sec. May be increased through SDR. front wall of (C)
8.84.050.P increased building.
through
SDR.
Service 1 8 ft. 16 sq. ft. None. Name of service May be
Station station. combined with
Display Service Station
Structure Price Signs;
Sec. Placed in
8.84.050.Q landscape
lanter
Service 2 6 ft. 16 sq. ft for 3 fuel 1 per street Gasoline prices. May be
Station products; 24 sq. ft for 4 frontage. combined with
Price Signs fuel products. Service Station
Sec. Display
8.84.050.R Structure.
Page 5 of 8
~~'~ ~~ f
~
Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions " Additional
Section Number of Height side Requirements" Regulations *
No. si ns in sq. ft.
Special 1 4 ft. 24 sq. ft. Within immediate Name of business In-lieu of
Easement vicinity of the and/or center. Freestanding
Sec. business the sign Sign; Business
8.84.050.S advertises. located on
parcel w/o
direct access or
frontage on
improved
ROW; must be
connected by
roadway/acces
s easement.
Temporary Per Zoning Per Zoning Per Zoning Clearance. Only on site on Per Zoning Clearance. Maximum of 21
Promotional Clearance. Clearance. which business is consecutive
Sec. located and shall calendar days
8.84.050.T Banner signs shall not be not be located so per permit; 21
larger than-60 square feet that the sign is consecutive
higher than the calendar day
eave of the waiting period
structure in which between
the business is permits.
located.
Temporary One (1) Temporary Banner for Temporary
Promotional Apartment Communities Banners for
Banner for which shall not exceed 12 Apartment
Apartment square feet Communities
Sec. shall be
8.84.050.T allowed a
maximum of
90-days per
calendar year
in any time
configuration
desired.
Tenant 1 N/A 12 sq. ft. At entrance of Listing of tenant names None
Directory building on an and suite
Sec. exterior wall. numbers/letters.
8.84.050. U
Wall 1 per business or 2 ft. 6 in. 1 sq. ft. per lineal ft. of 1 per business or N/A May project 12
Sec. tenant frontage Tenant Frontage to tenant frontage inches, 30
8.84.110V with maximum of maximum of 150 sq. ft. with maximum of inches w/ SDR.
three frontages (with SDR, 1.5/lineal ft. to three frontages. Max. sign
Rev. Ord. max of 250 sq. ft.); 25% length 24 ft.
20-06 bonus if tenant space is
(November 100 ft. from Street.
2006
Window N/A N/A N/A Inside a building. N/A Not more than
Sec. 25% of
8.84.050.W contiguous
window area.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
Page 6 of 8
1~r
~~ ' ~
*" Matrix B does not reflect Exempt Signs in Sec. 8.84.140
4F('.TI[1N d
Section 8.84.050.S of the Dublin Municipal Code is hereby amended to read as follows in its
entirety:
S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a
Zoning Clearance may be placed on-site for a maximum of twenty-one (21) consecutive
calendar days per permit when used for special promotional events or needs. A
minimum waiting period of twenty-one (21) consecutive calendar days between permits
is required, with the exception of balloons as defined herein and temporary banners for
apartment communities. A Banner Sign shall not be larger than 60 square feet in size
and the sign shall not be located so that the sign is taller than the eave of the structure in
which the business is located.
One (1) temporary banner for apartment communities is permitted pursuant to a Zoning
Clearance and may be placed on-site for a maximum of ten (10) consecutive calendar
days per permit when used for special promotional events or needs. A minimum waiting
period of twenty (20) consecutive calendar days between permits is required. In addition,
the duration in which banners may be displayed is limited to a maximum duration of 90
days per calendar year. A temporary banner sign for apartment communities shall not
be larger than 12 square feet (see Section 8.84.020.B for definition of apartment
communities).
Any tethered or un-tethered balloon of greater than 15 inches in diameter shall be
permitted onty as a temporary promotional sign and subject to a permit. All balloons
shall be tethered to the ground only with the bottom of the balloon on the ground and
shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly
or cumulative shall be issued that allows any temporary promotional signs that include
balloons for more than 21 days per calendar year. Zoning clearance(s) may be issued
for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary
Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulative
shall be issued that allows any temporary promotional sign(s) that include searchlights
for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods
less than 15 days.
SFCTInN ~~
Severability. The provisions of this Ordinance are severable and if any provision, clause,
sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not
affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts
thereof of the ordinance or their applicability to other persons or circumstances.
Page 7 of 8
SECTION 6.
,pS~tl n•4" ~ i
~F~~~ ~~
~
Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its
adoption.
SECTION 7.
Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
_ day of 2010, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:\PA#~2010\PLPA-2010-00046 ZOA Signs, Banners\CC 10.19.2010\CC Att 2- CC Ord.doc
Page 8 of 8
~~.~ OF UU~~ ~~ ~ ~ I~
G ~ 2 ~
19~ ~~ -~ STAFF REPORT
~~~,~~~1 PLANNING COMMISSION
~ ~1,~~~~1
DATE: September 28, 2010
TO: Planning Commission
SUBJECT: PUBLIC HEARING - PLPA-2010-00046 Amendment to Chapter 8.84
(Sign Regulationsj of the Dublin Zoning Ordinance related to
temporary promotional banners (Legislative Act)
Report prepared by Kristi Bascom, Principal Planner
EXECUTIVE SUMMARY:
The Planning Commission will review City-initiated amendments to Title 8 of the Dublin
Municipal Code (Zoning Ordinance) related to Sign Regulations. The proposed amendments
will make permanent those changes related to temporary promotional banners that the City
Council approved on a temporary basis in July 2010. The changes included allowing additional
time for banners, changes to the size of permitted banners, and reducing the time period in
between displays.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
pubiic hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate;
and 5) Adopt a Resolution recommending that the City Council adopt an Ordinance approving
Amendments to Chapter 8.84 (Sign Regulations) of the Zoning Ordinance related to temporary
promotional banners.
~~ s~ ~~-~~
Submitted By
Principal Planner
COPIES TO: File
r,
~ vi ed By
Plan ' g Manager
Page 1 of 5
G:IPA#120101PLPA-2010-00046 ZOA Signs, BannerslPC 09.28.20101PCSR Promo Sign ZOA.doc
A1 TACHMENT 7
DESCRIPTION:
~r~~ . ~~~
~ ~
Background
At the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to
provide a stimulus to the business community and property owners during the current economic
climate. The Planning Division has identified several potential changes to the Zoning Ordinance
to promote businesses in Dublin. On May 5, 2009, Staff presented several potential changes,
incfuding a modification to the City's sign regulations to allow greater flexibility in the display of
temporary promotional signs, to the City Council for discussion. At this meeting, the City
Council directed Staff to prepare amendments to Chapter 8.84 relating ta the use of temporary
promotional ba~ners. The minutes of the May 9, 2010 meeting are included as Attachment 1 to
this staff report.
On July 7, 2009, the City Council waived the reading and introduced an ordinance approving
temporary modifications to Chapter 8.84, (Sign Regulations) af the Zoning Ordinance ta
facilitate the use of banner signs. The proposed modifications to the sign regulations included a
temporary change to the number of days banner signs could be posted, the allowed size of
banner signs, and the number of days required between postings. The temporary modifications
lasted one year. The minutes of the July 7, 2009 meeting are included as Attachment 2 to this
staff report.
On June 22, 2010, the City Council extended the temporary modifications for an additional year
and directed Staff to prepare a Zoning Ordinance Amendment to Chapter 8.84 to make the
modifications permanent. The minutes of the June 22, 2010 meeting are included as
Attachment 3 to this staff report and the final approval document (Ordinance 15-10) is included
as Attachment 4.
ANALYSIS:
Temporary Promotional Banners are regulated by the Sign Regulations Chapter of the Zoning
Ordinance (Chapter 8.84). Section 8.84.050.S of the Zoning Ordinance includes regulations
related to the display of Promotional Banners which advertise special events, sales and
promotional needs of businesses. Several temporary modifications were enacted to provide
some relief from the permanent regulations in order to expand the advertising opportunities
available to businesses in the City.
The Zoning Ordinance currently regulates the time frame in which a Promotional Banner may be
displayed, the waiting period between Promotional Banner displays and the size of Promotional
Banners. These Regulations were temporarily modified in order to promote businesses in
Dubfin. The temporary modifications increased the number of days Banners are allowed to be
displayed, reduced the waiting period between Banner displays and modified the size
requirements to allow greater flexibility in the design of Temporary Promotional Banners.
The following table illustrates the previous and proposed regulations for Temporary Promotional
Banners. The proposed modifications are the same as the temporary modifications approved by
the City Council in July 2010.
2 of 5
T bl
a e ~: i em ora rromotionai ~anners - rermaneni ana i em ora rce uiaiio
Previous Regulations Proposed Regulations
(Before temporary changes (Temporary regulations - to
approved in ~uly 2009) become permanent if
approved)
Display Period Maximum of 15 consecutive Maximum of 21 consecutive
calendar days calendar days
Waiting Period 30 days 21 days
Size Maximum of 30" tall x 24' long 60 square feet
Location None Signs may not be located
Re uirement above the eave
ns~" ~ ~~
~ ~
Following the adoption of the temporary amendments to the Sign Ordinance, Staff has observed
that the number of applications for Temporary Promotional Banners has increased. The
following table illustrates the number of permits for Temporary Banners that have been
approved over #he last three years. The #emporary modifications took effect at the end of
August, 2009.
Table 2: Number of Tem ora Banner Permits A roved
Year Number of Permits Issued
2008 153
2009 166
2010" 148
*This time period reflects only the months of January through mid-September
As shown on the table above, the number of permits issued for Temporary Promotional Banners
has been increasing each year. The increase in the number of permits reflects the business
community's need to effectively advertise their businesses and sales and the temporary
modifications aid these businesses in expanding their opportunities for displaying temporary
signage.
Attachment 5 to this staff report is the amended Chapter 8.84 showing additians and deletions in
underline and strikeout text. Sections 2 through 4 of the draft Ordinance, which is inctuded as
Exhibit A to Attachment 6 of this Staff Report, shows the amended sections of Chapte~ 8.84 in
its final form with all of the changes incorporated.
Staff has prepared a draft Ordinance for Planning Commission review and consideration
(Attachment 6), which will maEce permanent the changes that were temporarily appraved by the
City Council in July 2~09 and renewed in July 2010.
If the proposed changes are not approved, the temporary modifications that were approved by
the City Council will expire on August 19, 2Q11.
NOTICING REQUIREMENTS:
In accordance with State law, a public notice was published in the Valley Times and posted at
several locations throughout the City. A notice of this hearing was mailed to those requesting such
notice ten days before #he hearing and the Staff Report and attachments were made available for
public review prior to the public hearing in accordance with Government Code Sections 65490 and
65091.
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ENVIRONMENTAL REVIEW:
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The project has been found to be exempt from the California Environmental Quality Act (CEQA),
according to Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code
{Zoning Ordinance} may have a significant effect on the environment.
ATTACHMENTS: 1} City Council meeting minutes May 5, 2009
2) City Council meeting minutes July 7, 2009
3) City Council meeting minutes June 22, 2010
4) City Council O~dinance 15-90
5) Amended Chapter 8.84 of the Zoning Ordinance (with
proposed additions and deletions shown to affected sections
only}
6) Resolution recammending that the City Counci! adopt an
Ordinance approving Amendments to Chapter 8.84 (Sign
Regulations) of the Zoning Ordinance reiated to ternporary
promotional banners, with the draft Ordinance included as
Exhibit A.
4 of 5
GENERAL INFORMATION:
PROPERTY OWNER/APPLICANT: City of Dublin
L.OCATION: Citywide
ZONING: Varied
GENERAL PLAN
LAND USE DESIGNATION: Varied
SPECIFIC PLAN/
LAND USE DESIGNATION: Varied
SURROUNDING USES: Not applicable
~
5of5
DRAFT // DRA(F1f
according to State guidelines. He felt it was not the fault of the Applicant because of the
confusion regarding whose jurisdiction it was to approve the structures.
Cm. Schaub suggested listing the concerns on behalf of the residents and put,t'~ie item on the
sched`~e for the next meeting. ,,,~°`
,
Cm. Swalv~ll felt it would be a nice gesture by the Applicant to stop o~t~door play immediately.
Cm. Wehrenber~ suggested verifying the setbacks first.
Chair King stated the Commission consensus is to list the Commissiori s concerns, they should
cease operation on th~ play structure for 30 days, meet with the neighbors and then return to
the Commission with the solutions they reached.
Mr. Baker stated the Conditions of Approval in the Resolution were agreed on by the Applicant
and the play structure was built without approval.
The issues were:
1) Hours required for the children to be outdoors consistent with the State requirements.
2) Noise mitigation measures, reducing the hours of outdoor play (noise)
3) Set backs verified (privacy)
4) Move the play structure to another location (privacy)
On a motion by Cm. Schaub and seconded by Cm. Swalwell, on a vote of 5-0, the Planning
Commission continued the item to a date certain, October 26, 2010, with instructions to the
Applicant to resolve the setback, noise and privacy issues with the neighbors:
RESOLUTION NO. 10-XX
~SOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
~1DITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW
FOR THE KIDANGO DAY CARE CENTER
7500 AMARILLO ROAD
(APN 941-0101-003-03) ^'`•,~
PA 09-027 ',
8.3 PLPA-2010-00045 Amendments to Chapter 8.108 (Temporary Use Permit) of the Zoning
Ordinance.
Kristi Bascom, Principal Planner presented the project as outlined in the Staff Report.
2'lanning Commusion Septem6er28, 2010
~guCar 9Keeting 121
ATTACHMENT 8
D~FT y~~~~
Cm. Schaub voiced his opinion about vertically-oriented banners that moved with the wind. He
felt they could be pretty and they discussed the cost and the number of times a business owner
can have a banner per year and the cost per banner.
Cm. Brown felt that Section 8.84.7 "Apartment Temporary Promotional Banner" was too
restrictive and suggested it should be changed to allow 90 days/ year and those 90 days could
be consecutive or used however the apartment complex feels is necessary.
The Commission agreed.
On a motion by Cm. Brown and seconded by Cm. Swalwell , on a vote of 5-0, with the change in
Attachment 5, 8.84.7 "Apartments Temporary Promotional Banner" to allow a maximum of 90
days/ year however they want to use it during the calendar year, the Planning Commission
approved:
RESOLUTION N0.10-47
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENTS TO CHAPTER 8.84 (SIGN REGULATIONS) OF THE
DUBLIN ZONING ORDINANCE RELATED TO
TEMPORARY PROMOTIONAL BANNERS
PLPA-2010-00046
MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Wehrenberg, seconded by Cm.
Swalwell the minutes of the September 14, 2010 meeting were approved.
NEW OR UNFINISHED BUSINESS - NONE
OTHER BUSINESS - NONE
10.1 Brief INFORMATION ONLY reports from the Planning Commission and/ or Staff,
including Committee Reports and Reports by the Planning Commission related to
meetings attended at City Expense (AB 1234).
ADTOURNMENT - The meeting was adjourned at 9:12:19 PM
Respectfully submitted,
Morgan King
;'Q,,Pi >TI2.:~S f.t)s Yi%:;;{t?~.ef
~-~~ ~, ~,,:3 123
~~ ~
~
RESOLUTION NO. 10- 47
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENTS TO CHAPTER 8.84 (SIGN REGULATIONS) OF THE
DUBLIN ZONING ORDINANCE RELATED TO TEMPORARY PROMOTIONAL BANNERS
PLPA-2010-00046
WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning
Ordinance for ways to streamline the entitlement process for development applications and to
promote businesses in Dublin; and
WHEREAS, on July 20, 2010, the City Council adopted Ordinance 15-10 which extended
for one year certain modifications to Chapter 8.84, Sign Regulations intended to allow greater
flexibility for posting banner signs; and
WHEREAS, Ordinance 15-10 will expire on August 19, 2011 after which the previous
regulations relating to banner signs will then take effect; and
WHEREAS, at the time it adopted Ordinance 15-10, the City Council directed Staff to
draft an ordinance making the temporary modifications to Chapter 8.84 permanent; and
WHEREAS, the proposed amendments to the Zoning Ordinance are set forth in the
proposed Ordinance that is attached as Exhibit A to this Resolution; and
WHEREAS, pursuant to Section 8.120.050.B of the Dublin Municipal Code, the Planning
Commission finds that the Zoning Ordinance Amendment is consistent with the Dublin General
Plan and all applicable Specific Plans; and
WHEREAS, the project has been found to be exempt from the California Environmental
Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments
to Title 8(Zoning Ordinance) of the Dublin Municipal Code do not have the potential for causing a
significant effect on the environment; and
WHEREAS, the Planning Commission did hold a public hearing on the proposed
modifications on September 28, 2010, for which proper notice was given in accordance with
California State Law; and
WHEREAS, the Planning Commission at its September 28, 2010, meeting did hear and
use its independent judgment and considered all said reports, recommendations, and testimony
hereinabove set forth.
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A.
ATTACHMENT 9
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PASSED, APPROVED AND ADOPTED this 28th Day of September 2010 by the
following votes:
AYES: King, Brown, Schaub, Wehrenberg, Swalwell
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:IPA#120101PLPA-2010-00046 ZOA Signs, BannerslPC 09.28.20101PC Att 4- Reso.DOC
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