HomeMy WebLinkAboutItem 6.2 Zoning Amend TUP~~~.~ O~' Dp~~~~
////~~ ~\
19 (~_ =ir) 8Z
``.~~,~
~~LIFOE-'~~~
STAFFREPORT CITY CLERK
DUBLIN CITY COUNCIL File # ^~Q~-a~
DATE: October 19, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJECT: Amendments to Chapter 8.108 (Temporary Use Permit) of the Zoning
Ordinance (PLPA-2010-00045)
Prepared By.• Kristi Bascom, Principal Planner ~(~j
EXECUTIVE SUMMARY:
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. To this end, Staff is recommending changes to Chapter 8.108 of the Zoning Ordinance
(Temporary Use Permit) to create new categories that will facilitate easier approval of
Temporary Use Permits. In addition, Staff has received numerous requests by Automobile
Dealers for a change to the Zoning Ordinance to allow for a special type of temporary
promotional event that is not currently addressed in the Zoning Ordinance. In June 2010, the
City Council directed Staff to work on an amendment to the Zoning Ordinance to allow for this
new type of promotional event.
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 8.108 (Temporary Use
Permit) of the Zoning Ordinance. ~
. ~
~
Submitted By: R' wed By:
Community Development Director Assistant City Manager
,. ... . _. ~ . - .. ~~ ._~. ., _. ~ _ ~ ~ _ ~ _. ._ . a . ~ _
ITEM NO.: ~
Page 1 of 5
DESCRIPTION:
Background
Over the past year, Staff has made changes to allow for more flexibility in temporary
promotional signs and a new Directional Signage Program that automobile dealers have taken
adVantage of. Earlier this year, Staff met with local automobile dealers to discuss their requests
for increased visibility and presence.
Most recently, Staff has been working with the automobile dealers on how to permit "tent sales."
Automobile uses are somewhat different in nature than other businesses. Automobile sales are
primarily an outdoor activity, while most other retail businesses are primarily an indoor activity.
The existing provisions of the Temporary Use Permit authorize Temporary Use Permits for,
among other things, outdoor sales. Such sales are limited in duration. Since automobile sales
are already authorized to be conducted outdoors, it is unclear whether this section of the Zoning
Ordinance was intended to authorize special outdoor sales events at automobile dealerships.
The automobile dealers would like to have the ability to have tent sales as a way to have an
outdoor promotional event for businesses that, like theirs, are primarily outdoor retail
businesses.
On June 1, 2010, Staff received direction from the City Council to amend Chapter 8.108
(Temporary Use Permits) of the Zoning Ordinance to allow automobile dealers a greater length
of time during which they can hold tent sales. While Staff was drafting the amendments to
address automobile dealership tent sales, other amendments were also drafted to help clarify
other Temporary Use Permit regulations, as described below.
ANALYSIS:
Staff is proposing changes to several sections of Chapter 8.108 to create more flexibility for
local businesses and organizations seeking to obtain approval for a temporary use, including
creating the following new Temporary Use categories in Section 8.108.020:
1. Automobile Dealership Promotional Tent Sales
2. Outdoor Event by an Established Business
3. Outdoor Skating Rink
4. Storage Container (Residential)
5. Construction-Related Temporary Uses
6. Similar Uses
A description of each of these new categories and all other modifications to Chapter 8.108 is
provided below. Attachment 1 to this Staff Report is the amended Chapter 8.108 showing
additions in underlined text and deletions as removed text. Section 2 of the draft Ordinance,
which is included as Attachment 2 to this Staff Report, shows the amended Chapter 8.108 in its
final form with all of the changes incorporated.
Automobile Dealership Promotional Tent Sa/es (Section 8.108.020.B)
Staff is proposing the establishment of a new Temporary Use category to specifically allow tent
sales for automobile dealerships. Because of the unique characteristics of auto dealers, a new
category was created to differentiate these types of outdoor tent sales from the outdoor sales of
other businesses. This type of temporary use is proposed to be permitted subject to the
following conditions:
2of5
1. Automobile Dealership Promotional Tent Sales for any one dealership shall be limited to
70 days per calendar year.
2. Any single Promotional Tent Sale shall last no longer than 30 days.
3. The total square footage of all temporary tents at an auto dealership site at any one time
shall be no more than 2,000 SF.
4. The location of temporary tents shall be subject to review and approval by the Planning
Division, Building Division, Public Works Department, and Fire Prevention Bureau.
5. No advertising or logos are permitted on any temporary tent canopy.
6. No items shall be attached to any temporary tent.
Construction-Related Temporary Uses (Section 8.108.020.~
The existing Chapter 8.108 contains provisions to allow for temporary storage containers and
temporary construction trailers on sites that have active building permits, but there has not been
a provision to permit temporary equipment storage on a site that is used for construction. The
proposed revisions to this section clarify the exact types of temporary uses permitted and also
group all construction-related temporary uses under one section heading. Among other things,
the section notes that a Temporary Use Permit for a temporary storage container can be issued
for a maximum of 90 days.
Outdoor Event by an Established Business (Section 8.108.020.K)
Chapter 8.108 currently permits Outdoor Sales by an Established Business, but does not have a
category for established businesses who want to hold a temporary outdoor event that is not for
the purpose of selling merchandise. Staff is proposing the establishment of a new Temporary
Use category to allow outdoor events (such as car shows) on a limited basis.
Each individual Outdoor Event shall be limited to a maximum of 4 consecutive days, with a
maximum of 2 such events during a one-year period.
Outdoor Skating Rink (Section 8.108.020.M)
In addition to permitting outdoor events as noted in the section above, there have been requests
in years past for a temporary outdoor skating rink that has a longer duration than a typical
outdoor event. In order to permit this special seasonal event, Staff is proposing to create a new
category. An outdoor skating rink may be permitted subject to the following conditions:
1. Maximum of 60 operational days per calendar year plus one week for setup and one
week for removal.
2. Event shall not utilize more than 10% of the required parking for the business where the
Outdoor Skating Rink is located.
Similar Uses (Section 8.108.020.0)
Occasionally, Staff will receive an application for a Temporary Use type that is not covered by
any of the other categories, although it may share many similarities. In order to allow some
flexibility to permit these types of events if they fit within the general parameters of the
Temporary Use Permit chapter, Staff is proposing to create this new section. This will allow the
consideration and approval by the Community Development Director of other temporary uses
that may not fit into any of the existing categories.
3 of 5
Storage Container (Residential) (Section 8.108.020.Q)
Temporary storage containers are permitted on active construction sites, but to date it has not
been clear how to permit a temporary storage container in a residential district that is being used
for a short period of time and on a site where construction requiring a building permit is not
taking place. Temporary storage units such as "PODS" are often used by homeowners who are
moving in or out of a home, homeowners engaged in a remodeling project that does not require
a building permit, or similar situation. The proposed amendment would allow a Temporary Use
Permit to be issued for a maximum of 30 days for this use subject to the following conditions:
1. Container must be located on private property, not in the public right-of-way.
2. Container must be located on a paved surface.
3. Container may be located in the rear yard.
4. One container per residential parcel is permitted.
Staff had originally recommended a maximum time period of 15 days, but at the Planning
Commission meeting on September 28, 2010, the Planning Commission recommended 30
days. This longer time period is included in the draft Ordinance.
Type of Temporary Use Permits: Major and Minor (Section 8.108.22)
Staff is proposing a new section to differentiate between a Minor and Major Temporary Use
Permit. For the purposes of determining fee payment, a Major Temporary Use Permit is defined
as an event where City of Dublin Staff will be required to be on site during the event, monitoring
the event in some way, or will be required to conduct inspections not covered through another
permit because of the proposed size, location, or hours of the temporary use. Examples include
an event which draws so many participants that lanes of traffic are closed and safety personnel
are required to be on hand to direct traffic into parking areas. Minor Temporary Use Permits are
those that do not have the above requirements.
All of the proposed amendments to Chapter 8.108 are shown in underline (new text) and
deletions (removed text) in Attachment 1. The final Ordinance, with all of the changes
incorporated, is included as Attachment 2.
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.
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 3 and 4 to this Staff Report. At the meeting, the Planning Commission discussed
the merits of the proposed Zoning Ordinance Amendment related to Temporary Use Permits
and made an additional recommendation. After a brief discussion, the Planning Commission
recommended that the time period for allowing Outdoor Storage Containers (Residential) to
remain on site be changed from a maximum of 15 days to a maximum of 30 days. The Planning
Commission approved Resolution 10-46 (Attachment 5) by a unanimous vote. Staff has
4 of 5
incorporated the Planning Commission recommendation into the Draft Ordinance (Attachment
2).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
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.
Additionally, Staff shared the proposed Zoning Ordinance Amendment text related to the new
Automobile Dealership Promotional Tent Sales category with the local auto dealers to ensure that
the proposed language would be suitable. No major concerns were expressed.
ATTACHMENTS: 1) Amended Chapter 8.108 of the Zoning Ordinance (with
proposed additions and deletions shown)
2) Ordinance Amending Chapter 8.108 (Temporary Use Permit)
of the Zoning Ordinance
3) September 28, 2010 Planning Commission Staff F~eport
(without attachments)
4) September 28, 2010 Planning Commission draft meeting
minutes
5) Planning Commission Resolution 10-46 recommending the
City Council adopt an ordinance approving amendments to
Chapter 8.108 (Temporary Use Permit) of the Zoning
Ordinance
5 of 5
TEMPORARY USE PERMIT
Chapter 8.108
CHAPTER 8.108 TEMPORARY USE PERMIT
8.]08.010 Purpose. The purpose of this Chapter is to establish a procedure for approving minor
temporary land uses that meet established development review standards and are
acceptable because of their temporary nature. The permitted minor temporary ]and uses
are those specified in Section 8.108.020 and other temporary land uses determined to be
similar by the Director of Community Development. Rev. Ord. 20-06 (November 2006)
8.108.020 Uses Permitted With A Temporary Use Permit. All Temporary Use Permits must
conform to the following standards to be approved. No Temporary Use Permit may be
~ renewed unless otherwise indicated by this Chapter: Rev. Ord. 17-99 (6/1/99)
A. Arts and Crafts Fair. A temporary event offering for sale goods and merchandise which are
handmade or hand-crafted items for sale by the original artist. Fairs may only be conducted
when sponsored by a Dublin-based place of worship, school, neighborhood group, or non-profit
non-restrictive civic or service organization. Each individual Arts and Crafts Fair shall be
limited to a maximum of 3 consecutive days, and no business may participate in more than 6
events during a one-year period, subject to standards established by the Director of Community
Development.
B. ~utomobile Dealership Promotio~al 'I'ent Sales. .A temporarv evcnt promotin~; auto sales. A
Promotional Tent Sale shall be permitted sub~ect to the following conditions:
T`f~e duration of Autornobile Dealcrshio Promotional Tent Sales for~ anv one dealershin shall
be liinited to a maximum of 70 days per calendar vear.
2. Anv sin~;le Pre~motional Tent Sale shall last no lon~er than 30 davs.
3. The total square foota~e of atl temporary tei7ts utilized durin~ an Automobile Dealezshi~
Promotional Tent Sale at ~ auto dealership site at any one tin~e shall be no more than 2 000
square feet.
4. Thc location of ternporar•y tents shall Ue subject to revic~~~ and approval bv the Plannin~
I>ivision, Builclin~Divrsioi~, Public Works Departmenk and Fire Preventicin I3ureau.
5. ?vo advertisin~ or lo os are permitted on an} temporarv tent canopy.
6. ~tio items shall be attached to anv tei~ap~rary tent•
7. Promotional Tent Sales shall be subiect to standards established bv the Dircctor of
Community Development.
I C. Automobile/Vehide Storage Lots. An Automobile/Vehicle Storage Lot (as defined in Section
8.08.020, Definitions) may be permitted as a temporary land use in C-2, General Commercial
zoning dish-icts or comparable PD, Planned Development Zoning Districts, for a period not to
exceed six consecutive months. The Directar of Community Development or his/her designee
may allow for one three-month extension upon written request, submitted at least 14 ca1endar
days prior to the expiration of the permit. The written request must include a reason far the
extension other than to simply continue the use. Once a permit has expired, it shall not be
renewed. A minimum waiting period of one (1) continuous year between permits is required.
~ The storage of vehicles shall be limited to those vehicles belonging to an established Dublin
City of Dub/in Zoning Ordinance 108-1 September, 1997
~ Amended,October 2010
~,~ d
~~ ,~
Deleted: November 21, 2006 ]
~~J~ ~t~''~~`P ~
ATTACHMENT 1
TEMPORARY USE PERMIT
Chapter 8.108
based business. The storage lot shall not be open to the public nor shall any sales transactions
take place at the approved storage lot location. A maximum of one temporary use permit shall
be granted per location. For the purposes of this subdivision, `9ocation" shall refer to an
address, a parcel, or a shopping center, whichever is larger, as determined by the Director of
Community Development. A temporary use permit shall be denied if it is determined that the
Automobile/Vehicle Storage Lot would eliminate parking required for another use pursuant to
Chapter 8.76 of this Code. In no case shall an Automobile/Vehicle Storage Lot be established
within 100 feet of a heavily traveled roadway. Whether a roadway is heavily traveled shall be
determined by the Director of Community Development. The establishment and operation of
the use must comply with all standards developed by the Director of Community Development.
. _ _ _ ___ _ __ _ __ _ __ _ _ __ _ _ _ __
I). Carnival. An event intended to serve a public need by providing a community service or
special entertainment event for the Dublin community which is normally only provided as a
temporary and/or seasonal activity. Each individual carnival event shall be limited to a
maximum of~consecutive days, including setup and breai: down, and no business or sponsor
--- -
may participate in more than 2 events during a one-year period, subject to standards established
by the Directar of Community Development.
I E. Christmas Tree Sales Lot. A Christmas Tree Sales Lots is permitted for a maximum of 60
days subject to standards established by the Director of Community Development.
G. Farmers Market. An event offering for sale produce, food items, and related goods and
merchandise by certified growers authorized to sell directly to consumers~ Each individual
-
Farmers Market shall be limited to one day per week subject to standards established by the
Director of Community Development.
( H. FestivaUStreet Fair. Each individual Festival, Neighborhood/Place of Worship/School
Festival, and Street Fair of a not-for-profit nature, shall be limited to a maximum of 2
consecutive days and shall not occur in the same location more than 2 times a year, subject to
standards established by the Director of CommuniTy Development.
. -- - _ _ - _ -_ _
I. Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit and
collection of newspapers by the general public may be permitted for a period not to exceed one
year subject to standards established by the Director of Community Development, if sponsored
by a Dublin-based bona-fide church, school, neighborhood group, or by a Dublin-based non-
profit, non-restrictive civic or service organization if it is located on the site of a lawfully
existing principal use. This permit may be renewed by means of another Temporary Use Permit.
.f. Office Trailer - Commercial. Occupancy of a commercial office trailer during the period of
construction or remodeling of a permanent commercial or industrial structure(s), for which a
valid building permit is in force, in any Commercial or Industrial zoning district subject to
standards established by the Director of Community Development.
K. Outdoor Event bv an Established Business. An Outdoor Event shall be limited to a
e~~~~(
Deleted: n~. o.d 16-oa(a-za-oa¶~
Deleted: 2 ]
DEI2t2d: products, which are,
produced on land Ihe producer controls
Deleted: T
(Frreworks Sales deleted per - Ord.
76-02 (Nnvember 2001))¶
maximum of 4 consecutive davs, with a maximum of 2 such events during a calendar vear. ~e~eted: No~emner2~, 2oos ~
City of Dub/in Zoning Ordinance 108-2 September, 1997
Amended.Ocfober 2010
TEMPORARY USE PERMIT 3 ~~~ ~
Chapter 8.108
Outdoor Events arc distin~~uishable from Outdoor Sales by Established Businesses in that
Outdoor Events do not in~~olve the cvmmercial sale of inerchandise, but are promotional in
nature or for charitable or fundraisin~purposes. Examples of Outdoor Events b~}_an
Established Business include car shows hosted bv non-auto oriented businesses or similar
~ events.
I L. Outdoor Sales by an Established Business. Each individual Outdoor Sale by an Established
Business shall be limited to a maximum of 4 consecutive days, with a maximum of 6 such
~ events during a~lendar.~~ear. A minimum waiting period of 3 consecutive calendar days oeietea: one-YeazPe~oa ~
- --- -_
between Temporary Use Permits is required. Each outdoor Sales event by an established
business shall be subject to standards established by the Director of Community Development.
~ Reu Ord. 20-06 (November 2006). Parkin~* lot sales shall not utilic~c more tharl 10`%0 of the
re~c uire~arkin~ti~r tl~e t~~isiness.
M. Outdoor Skatin~ Rink. An outdoor skatin~ rink mav be,~ermitted subject to the followin~
conditions:
Maximum of 60 ox~erational davs per calendar vear Ulus one ~~eek for setun and one week
for removal.
2. Outd~or skatin~ ri~ik shall not utilize more than ] 0°/i of the ~•equired parking for the
business whexe the i~utdoor skatin~ rink is located.
3. Outdoor skatin~ rinks shall be subiect to standards esTablislled bv the Director of
Conimunit~evel~.~ment
N. Pumpkin Sales Lot_ A Pumpkin Sales lot is permitted for a maximum of 60 days subject to
standards established by the Director of Community Development.
P. Storage Container (tion-Residential). This use includes metal shipping containers used for
the storage of materials and does not include containers associated with construction or lacated
in a Kesidential "Lonin#; District. The permit may be for one container per business or parcel for
no more than one year subject to standards established by the Director of Community
Development and may be renewed by means of another Temporary Use Permit. Letters must
be submitted certifying that the Alameda County Department of Environmental Health, the
Alameda County Fire Department and appropriate City Departments have given approval of the
materials stored and the methods used before the permit will be issued.
Stora~e Container (Residentiai). "~I'l~is use includes met~al shippin~ containers used for the
stora~e of materials, and does not include containers associated ~~~ith construction. A
"Cemporary Stora~c Container ma ~~pennitted for a maximum time period of ~0 days pex
catendar vear if ti~sed for thc purposes of storin~ materiais relatinr to home im~rovement
projects tbat do not rcquire a building permit. This Teiroporat-v Llse Pennit is subject to the
follo~ving conditions_
~ 1. Containcr must be located on private_propertv ~ind may not be located in the public ri~6t-
at-~vav. ~
Deleted: November 21, 2006
City of Dub/in Zoning Ordinance 108-3 September, 1997
~ Amended~October 2010
TEMPORARY USE PERMIT
Chapter 8.108
2. Containcr must be located on a paved sEirface.
3. Container may be lacated in the rear vard.
4. ~o rnorc than one container per residential p~rcel ~is pcrmitted.
~. Construction-Related Temporary Stora,*e C'ontainers shall be subject to standarc~s
established bv ihc Directar of Com~nunitv Develo}~ment.
F. C'onstruction-Reiated Tem ora ~ Uses. The followin tv es of construction-reiated
temporary uses mav be permitted with approval of a"1'emporary L1se Permit;
1_Temporary Construction Trailer. a Temporarv t;onstruction "I'railer located on a
dzr~elo~nient_site and utilized durin~constructi~n may be permitted~subject to standards
_ -
established by the Director of Community Development, on the same premises.
Z_Temporary Storage Container. This use includes nletal_ sfiippin~ containers used for the
stora~e oi~maierials. A tempararv storaee container associated with construction~hat meets
al I of the following condition~;
------._ . ._.... - ---- . . ._-- ----- -- -..._.
a'I'emporary storage container in conjunction with remodeling or reconstruction work at~
... . . . --- - --- ~ -------- ----- --_. ._---- --- -
project site ~~ith an active buildin~~permit and stiall. be located on the project site. For
construction on a sin~le parcel (not part of a lar~er developmeni project) a Tempararv
Use Pe~7nit can be issued far a maximum of 90 da~'ss }~~ith t}~e o~tion to rene~~~ at the
tlpplicant's rec~ucst if the project still has a valid building pernut and substantial
pr~ress is heing made totivards c~m~letion of the ro ect~The Applicant ma~re tq iest a
90-dav extension but must provide proof ofrecent buildin~ inspectior~s or other
dernonstration ~f ro~ress,
_.~?..__.~
~Container must be located on private property, and mav not be locateri in the public
~,..
~~ ,~~~~
Deleted: L. Temporary ~
Consfruction Trailer.
- DCIetOd: during the period of
conswction of the buildings or lots on a~
developmen[ site
D21CtEd: in residential districts ~
D21et2d: may be pevnitted pursuant tc~
th~s sect~on
DEI2tEd: Request fs to locate a t ]
Deleted:che ]
right-of-way.
~Container must be located on l,~ avecl SUCfaCPF. Deleted: driveway or other paved ]
- __ _
dLContainer may be located in the rear yardt ~eieted: , ~oc ~n ocf,e~ r~o~t Ya~a o~ ~
- - _ -.
e~ No more tllan one co~~tainer per residential parcel is permitted. ia~a5~apea ~ea5
t Constructie~n_Related Tempgrary Stora~.;e Contai_ners shall be subiect to standards Deleted: Rev Ord. 20-06 (November~
2oob~
esCablished by the Director of Communitv Development.
3. Constructio_n_Enui~ment Stor1„e Yard. A construction eaurument storaee vard indudes
botl~ stora~e containe~~s ai~d co~istruction equipment associated with construction o~l a
commercial industi-ial, or residecitial ~?ro~ject site_su~ect to the_stand~rds established trv the
Director qf Community Devclopment, on the same oremiscs. ~\ ccrostructio~~ eauinmcnt
stora~e~ard shall be located ~~n the r~ o~ect_site,
~ R•
S.
Temporary Mobile Home/Manufactured Home. Occupancy of a Mobile
Home/Manufactured Home during the period of construction of permanent living quarters for
which a valid building permit is in force, on the same premises, subject to standards established
by the Director of Community Development in any Agriculture or Residential zoning district.
Tract and Sales Office/Model Home Complex. This use includes tract and sales offices and
model home complexes within approved developments, and accessory signs, landscaping, and
Deleted: November 21, 2006 ]
City of Dub/in Zoning Ordinance 108-4 September, 1997
~ Amended.October 2010
TEMPORARY USE PERMIT
Chapter 8.108
parking facilities. This temporary use is in effect during the period of construction and original
sale of the buildings or lots in a new development subject to standards cstablished by the
Director of Community Development.
O. Similar l.;ses. A use that is, in the determination of the C`oi7irnunitv Develot~ment Directoi
simi tar to ~~nv ~~f thc st~ecific uses contained in Section ~.10~?.020, temporarv in natu~~e ai~d are
c~m~atible ~vrth tl~e sun.oundin~area and the 7_~r~ing_I)i5tri_ct..in_which tlZe use is l~cateci__Sucli
similar uses shall also be subject to any~rovisions applicable to the specific ase contained in
Sectio~ri 4.108.020.
8.108.022 "I'vpe of'I'emuorar~~ Use Yermits: Major and 14inor
A, Vlajor 'Temporarv Use Permit. Anv Applicant seekin~ a"I~'emporary Use Pennit ~for an~
ten~rary use listed in Section 8.108_020 that due to its size, location, or hours of• operation,
-~-------
reyuii•es City o~P Dublin Staff to be on site durin~ the ceent or duration of the tempoiarv use to
monitor the e~_ent in soine ~vav, or to conduct ins~ccti~ris_not cc~vered throueh anotlier ~etmit
shall be rcquircd to obtain a Major 'Temporarv Use Pernlit. Examples of temporary uscs
requ~irin~ a~'tajor Tem~orary I.Jse Permit rnc]ude_an event which draws so many~~articipants
that lanes o~f traffc are closed and safetypei•sonncl are requit•ed to bc on hand to direct traffic
into arkine areas.
____~__~_...._
B. Minor'Ten~porarr Use Permit. All other ty~es of "l~'emporary Uses ]isted ui Section 8.10$.020
~hall be required to obtairi a Minor Temporary Lse Permit.
8.108.030 Application. The Applicant shall submit a complete application pursuant to Chapter
8.124, Applications, Fees and Deposits, accompanied by a fee, written description of the
proposed temporary use with hours and duration of operation, the written authorization
by the property owner, and a diagram of the proposed temporary use (including '
pedestrian and automobile circulation) and other information as may be required by the
Director of Community Development. The Director of Community Development will
determine tivhether the Temporar~Use Pennit is ma~or or minor tor the puiposes of fee
pay~ncnt.
8.108.040 Approval. The Director of Community Development or his/her designee may approve
a Temporary Use Permit upon finding that the project meets all standards established by
the Director of Community Development for that permit, including but not limited to,
compliance with applicable requirements of the State of California, review and approval
(~y Citv Departnlerrts, compliance with,~ther local codes and ordinances; and meets the
_ _ -_
requirements of this Title o~1 fonns approvcd bv the Uirectar of Conul~unity
Developrrient
8.108.050 Expiration Of Temporary Use Permit. A Temporary Use Permit shall expire upon
the date shown on the stamped approved diagram and/or written statement
accompanying the application.
City of Dub/in Zoning Ordinance 108-5 September, 1997
Amended ~October 2090
~~ ~~
~ ~ i
~
Deleted: and ~
~ DCIE'tE'.d: . Approval shall consist of an
ini[ialed and dated s[amp of approval on
the diagram and written statement
accompanying the application
Deleted: November 21, 2006 ]
6 (~I
~~.
ORDINANCE NO. xx - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
****~*********
AMENDING CHAPTER 8.108 (TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE
PLPA-2010-00045
WHEREAS, Staff has identified amendments to the Dublin Zoning Ordinance to modify
the Temporary Use Permit Chapter of the Zoning Ordinance in order to permit a wider variety of
temporary uses and to be more flexible on the location and duration of appropriate temporary
uses; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this
project on September 28, 2010 and adopted Resolution 10-46 recommending that the City
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 October
19, 2010; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council hereby finds that the amendments to the Zoning Ordinance 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:
Section 1:
Compliance with California Environmental Quality Act ("CEQA"): The City Council deciares
this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to
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 rather sets forth the regulations that shall
be followed if and when a building or structure is proposed to be constructed or a site is
proposed to be developed. Therefore, this ordinance of itself, has no potential for resulting in
significant physical change in the environment, directly or ultimately.
Section 2:
Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code is hereby amended to
read as follows:
ATTACHMENT 2
(
~~ ~~
CHAPTER 8.108 TEMPORARY USE PERMIT
8.108.010 Purpose. The purpose of this Chapter is to establish a procedure for approving
minor temporary land uses that meet established development review standards
and are acceptable because of their temporary nature. The permitted minor
temporary land uses are those specified in Section 8.108.020 and other temporary
land uses determined to be similar by the Director of Community Development.
Rev. Ord. 20-06 (November 2006)
8.108.020 Uses Permitted With A Temporary Use Permit. All Temporary Use Permits
must conform to the following standards to be approved. No Temporary Use
Permit may be renewed unless otherwise indicated by this Chapter: Rev. Ord.
17-99 (6/1/99)
A. Arts and Crafts Fair. A temporary event offering for sale goods and merchandise which
are handmade or hand-crafted items for sale by the original artist. Fairs may only be
conducted when sponsored by a Dublin-based place of worship, school, neighborhood
group, or non-profit non-restrictive civic or service organization. Each individual Arts and
Crafts Fair shall be limited to a maximum of 3 consecutive days, and no business may
participate in more than 6 events during a one-year period, subject to standards
established by the Director of Community Development.
B. Automobile Dealership Promotional Tent Sales. A temporary event promoting auto
sales. A Promotional Tent Sale shall be permitted subject to the following conditions:
1. The duration of Automobile Dealership Promotional Tent Sales for any one
dealership shall be limited to a maximum of 70 days per calendar year.
2. Any single Promotional Tent Sale shall last no longer than 30 days.
3. The total square footage of all temporary tents utilized during an Automobile
Dealership Promotional Tent Sale at a auto dealership site at any one time shall be
no more than 2,000 square feet.
4. The location of temporary tents shall be subject to review and approval by the
Planning Division, Building Division, Public Works Department, and Fire Prevention
Bureau.
5. No advertising or logos are permitted on any temporary tent canopy.
6. No items shall be attached to any temporary tent.
7. Promotional Tent Sales shall be subject to standards established by the Director of
Community Development.
C. AutomobileNehicle Storage Lots. An Automobile/Vehicle Storage Lot (as defined in
Section 8.08.020, Definitions) may be permitted as a temporary land use in G2, Genera.
Commercial zoning districts or comparable PD, Planned Development Zoning Districts,
for a period not to exceed six consecutive months. The Director of Community
Development or his/her designee may allow for one three-month extension upon written
request, submitted at least 14 calendar days prior to the expiration of the permit. The
written request must include a reason for the extension other than to simply continue the
use. Once a permit has expired, it shall not be renewed. A minimum waiting period of
one (1) continuous year between permits is required. The storage of vehicles shall be
limited to those vehicles belonging to an established Dublin based business. The
storage lot shall not be open to the public nor shall any sales transactions take place at
Page 2 of 7
~ ~~l
the approved storage lot location. A maximum of one temporary use permit shall be
granted per location. For the purposes of this subdivision, "location" shall refer to an
address, a parcel, or a shopping center, whichever is larger, as determined by the
Director of Community Development. A temporary use permit shall be denied if it is
determined that the AutomobileNehicle Storage Lot would eliminate parking required for
another use pursuant to Chapter 8.76 of this Code. In no case shall an
Automobile/Vehicle Storage Lot be established within 100 feet of a heavily traveled
roadway. Whether a roadway is heavily traveled shall be determined by the Director of
Community Development. The establishment and operation of the use must comply with
all standards developed by the Director of Community Development.
D. Carnival. An event intended to serve a public need by providing a community service or
special entertainment event for the Dublin community which is normally only provided as
a temporary and/or seasonal activity. Each individual carnival event shall be limited to a
maximum of 5 consecutive days, including setup and break down, and no business or
sponsor may participate in more than 2 events during a one-year period, subject to
standards established by the Director of Community Development.
E. Christmas Tree Sales Lot. A Christmas Tree Sales Lots is permitted for a maximum of
60 days subject to standards established by the Director of Community Development.
F. Construction-Related Temporary Uses. The following types of construction-related
temporary uses may be permitted with approval of a Temporary Use Permit:
1. Temporary Construction Trailer. A Temporary Construction Trailer located on a
development site and utilized during construction may be permitted subject to
standards established by the Director of Community Development, on the same
premises.
2. Temporary Storage Container. This use includes metal shipping containers used
for the storage of materials. A temporary storage container associated with
construction that meets all of the following conditions:
a) Temporary storage container in conjunction with remodeling or reconstruction
work at a project site with an active building permit and shall be located on the
project site. For construction on a single parcel (not part of a larger development
project), a Temporary Use Permit can be issued for a maximum of 90 days, with
the option to renew at the Applicant's request if the project still has a valid building
permit and substantial progress is being made towards completion of the project.
The Applicant may request a 90-day extension but must provide proof of recent
building inspections or other demonstration of progress.
b) Container must be located on private property, and may not be located in the
public right-of-way.
c) Container must be located on a paved surface.
d) Container may be located in the rear yard.
e) No more than one container per residential parcel is permitted.
f) Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
3. Construction Equipment Storage Yard. A construction equipment storage yard
includes both storage containers and construction equipment associated with
Page 3 of 7
9' ,~~
construction on a commercial, industrial, or residential project site subject to the
standards established by the Director of Community Development, on the same
premises. A construction equipment storage yard shall be located on the project site.
G. Farmers Market. An event offering for sale produce, food items, and related goods and
merchandise by certified growers authorized to sell directly to consumers,. Each
individual Farmers Market shall be limited to one day per week subject to standards
established by the Director of Community Development.
H. Festival/Street Fair. Each individual Festival, Neighborhood/Place of Worship/School
Festival, and Street Fair of a not-for-profit nature, shall be limited to a maximum of 2
consecutive days and shall not occur in the same location more than 2 times a year,
subject to standards established by the Director of Community Development.
I. Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit and
collection of newspapers by the general public may be permitted for a period not to
exceed one year subject to standards established by the Director of Community
Development, if sponsored by a Dublin-based bona-fide church, school, neighborhood
group, or by a Dublin-based non-profit, non-restrictive civic or service organization if it is
located on the site of a lawfully existing principal use. This permit may be renewed by
means of another Temporary Use Permit.
J. Office Trailer - Commercial. Occupancy of a commercial office trailer during the period
of construction or remodeling of a permanent commercial or industrial structure(s), for
which a valid building permit is in force, in any Commercial or Industrial zoning district
subject to standards established by the Director of Community Development.
K. Outdoor Event by an Established Business. An Outdoor Event shall be limited to a
maximum of 4 consecutive days, with a maximum of 2 such events during a calendar
year. Outdoor Events are distinguishable from Outdoor Sales by Established Businesses
in that Outdoor Events do not involve the commercial sale of inerchandise, but are
promotional in nature or for charitable or fundraising purposes. Examples of Outdoor
Events by an Established Business include car shows hosted by non-auto oriented
businesses or similar events.
L. Outdoor Sales by an Established Business. Each individual Outdoor Sale by an
Established Business shall be limited to a maximum of 4 consecutive days, with a
maximum of 6 such events during a calendar year. A minimum waiting period of 3
consecutive calendar days between Temporary Use Permits is required. Each outdoor
Sales event by an established business shall be subject to standards established by the
Director of Community Development. Rev. Ord. 20-06 (November 2006). Parking lot
sales shall not utilize more than 10% of the required parking for the business.
M. Outdoor Skating Rink. An outdoor skating rink may be permitted subject to the
following conditions:
1. Maximum of 60 operational days per calendar year plus one week for setup and one
week for removal.
2. Outdoor skating rink shall not utilize more than 10% of the required parking for the
business where the outdoor skating rink is located.
Page 4 of 7
l~ ~~~I
1
3. Outdoor skating rinks shall be subject to standards established by the Director of
Community Development.
N. Pumpkin Sales Lot. A Pumpkin Sales lot is permitted for a maximum of 60 days subject
to standards established by the Director of Community Development.
O. Similar Uses. A use that is, in the determination of the Community Development
Director, similar to any of the specific uses contained in Section 8.108.020, temporary in
nature, and are compatible with the surrounding area and the Zoning District in which the
use is located. Such similar uses shall also be subject to any provisions applicable to the
specific use contained in Section 8.108.020.
P. Storage Container (Non-Residential). This use includes metal shipping containers
used for the storage of materials, and does not include containers associated with
construction or located in a Residential Zoning District. The permit may be for one
container per business or parcel for no more than one year subject to standards
established by the Director of Community Development and may be renewed by means
of another Temporary Use Permit. Letters must be submitted certifying that the Alameda
County Department of Environmental Health, the Alameda County Fire Department and
appropriate City Departments have given approval of the materials stored and the
methods used before the permit will be issued.
Q. Storage Container (Residential). This use includes metal shipping containers used for
the storage of materials, and does not include containers associated with construction. A
Temporary Storage Container may be permitted for a maximum time period of 30 days
per calendar year if used for the purposes of storing materials relating to home
improvement projects that do not require a building permit. This Temporary Use Permit
is subject to the following conditions:
a. Container must be located on private property, and may not be located in the public
right-of-way.
b. Container must be tocated on a paved surface.
c. Container may be located in the rear yard.
d. No more than one container per residential parcel is permitted.
e. Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
R. Temporary Mobile Home/Manufactured Home. Occupancy of a Mobile
Home/Manufactured Home during the period of construction of permanent living quarters
for which a valid building permit is in force, on the same premises, subject to standards
established by the Director of Community Development in any Agriculture or Residential
zoning district.
S. Tract and Sales Office/Model Home Complex. This use includes tract and sales
offices and model home complexes within approved developments, and accessory signs,
landscaping, and parking facilities. This temporary use is in effect during the period of
construction and original sale of the buildings or lots in a new development subject to
standards established by the Director of Community Development.
Page 5 of 7
l1 ~~I
~
8.108.022 Type of Temporary Use Permits: Major and Minor
A. Major Temporary Use Permit. Any Applicant seeking a Temporary Use Permit for any
temporary use listed in Section 8.108.020 that, due to its size, location, or hours of
operation, requires City of Dublin Staff to be on site during the event or duration of the
temporary use, to monitor the event in some way, or to conduct inspections not covered
through another permit shall be required to obtain a Major Temporary Use Permit.
Examples of temporary uses requiring a Major Temporary Use Permit include an event
which draws so many participants that lanes of traffic are closed and safety personnel
are required to be on hand to direct traffic into parking areas.
B. Minor Temporary Use Permit. All other types of Temporary Uses listed in Section
8.108.020 shall be required to obtain a Minor Temporary Use Permit.
8.108.030 Application. The Applicant shall submit a complete application pursuant to
Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee, written
description of the proposed temporary use with hours and duration of operation,
the written authorization by the property owner, and a diagram of the proposed
temporary use (including pedestrian and automobile circulation) and other
information as may be required by the Director of Community Development. The
Director of Community Development will determine whether the Temporary Use
Permit is major or minor for the purposes of fee payment.
8.108.040 Approval. The Director of Community Development or his/her designee may
approve a Temporary Use Permit upon finding that the project meets all standards
established by the Director of Community Development for that permit, including
but not timited to, compliance with applicable requirements of the State of
California, review and approval by City Departments, compliance with other local
codes and ordinances; and meets the requirements of this Title on forms
approved by the Director of Community Development.
8.108.050 Expiration Of Temporary Use Permit. A Temporary Use Permit shall expire
upon the date shown on the stamped approved diagram and/or written statement
accompanying the application.
Section 3:
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.
Section 4:
Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after
the date of its final adoption.
Page 6 of 7
~~~ C~I
~
Section 5:
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 39633 of the
Government Code 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:
Mayor
ATTEST:
City Clerk
G:\PA#~2010\PLPA-2010-00045 ZOA Temporary Use Permits\PC 09.28.2010\PC Att 4- Exhibit A- CC Ord.doc
Page 7 of 7
~~~ OF Dp~~ r ~ p~
~~
i9~ ."' ~I• az STAFF REPORT
~~~.~~~1 PLANNING COMMISSION
~ ~,~Lf~ ~~l
DATE: September 28, 2010
TO: Planning Commission
SUBJECT: PUBLIC HEARING - PLPA-2010-OQ045 Amendments to Chapter 8.108
(Temporary Use Permit) of the Zoning Ordinance (Legislative Act)
Report prepared by Kristi Bascom, Principa! Planner
EXECUTIVE SUMMARY:
At the request of the City Council, Staff has been reviewing the Zaning Ordinance for ways to
provide a stimulus to the business community and property owners during the current economic
climate. To this end, Staff is recommending changes ta Chapter 8.108 of the Zoning Ordinance
(Temporary Use Permit) to create new categories that wiil facilitate easier approval of
Temporary Use Permits. In addition, Staff has received numerous requests by Automobile
Dealers for a change to the Zoning Ordinance to allow for a special type of temporary
promotional event that is not currently addressed in the Zoning Ordinance. In June 2010, the
City Council directed Staff to work an an amendment to the Zoning Ordinance to allow for this
new type of promotional event, and Staff took the opportunity to clarify other portions of the
Chapter as well.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
public 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 8.108 (Temporary Use Permit) of the Zoning Ordinance.
~ ~~ ~
Submitted By
Principaf Planner
iewed By
Planning Manager
COPIES TO: File
Page 1 of 6
G:1PA#120101PLPA-2010-00045 ZOA Temporary Use PermitslPC 09.28.20101PCSR TUP ZOA.doc
ATTACHMENT 3
DESCRIPTION:
'~ 7 ~~ ~
~
Background
Earlier this year, Staff met with local automobile dealers to discuss their requests for increased
visibility and presence. Over the past year, Staff has made changes to allow for more flexibility
in temporary promotional signs and a new Directional Signage Program that automobile dealers
have taken advantage of.
Most recently, Staff has been working with the automobile dealers on how to permit "tent sales."
Automobile uses are somewhat different in nature than other businesses. Automobile sales are
primarily an outdoor activity, while most other retail businesses are primarily an indoor activity.
The existing provisions of the Temporary Use Permit authorize Temporary Use Permits for,
among other things, outdoor sales. Such sales are limited in duration. Since automobile sales
are already authorized to be conducted outdaors, it is unclear whether this section of the Zoning
Ordinance was intended to authorize special outdoor sales events at automobile dealerships.
The automobile dealers would like to have the ability to have tent sales as a way to have an
outdoor promotional event for businesses that, like theirs, are primarily outdoor retail
businesses.
On June 1, 2010, Staff received direction from the City Council to amend Chapter 8.108
(Temporary Use Permits) of the Zoning Ordinance to allow automobile dealers a greater length
of time during which they can hold tent sales. The Staff Report and minutes of this meeting are
included as Attachments 1 and 2 to this Staff Report.
While Staff was drafting the arnendments to address autornobile dealership tent sales, other
amendments were also drafted to help clarify other Temporary Use Permit regulations, as
described below.
ANALYSIS:
Staff is proposing changes to several sections of Chapter 8.108 to create more flexibility for
local businesses and organizations seeking to obtain approvaE for a temporary use, including
creating the following new Temporary Use categories in Section 8.108.020:
1. Automobife Dealership Promotional Tent Sales
2. Outdoor Event by an Established Business
3. Outdoor Skating Rink
4. Storage Container (Residentia()
5. Construction-Related Temporary Uses
6. Similar Uses
A description of each of these new categories and all other modifications to Chapter 8.108 is
provided below. Attachment 3 to this Staff Report is the amended Chapter 8.108 showing
additions and deletions. Section 2 of the draft Ordinance, which is included as Exhibit A to
Attachment 4 of this Staff Report, shows the amended Chapter 8.108 in its final form with all of
the changes incorporated.
Automobile Dealership Promotional Tent Sales (Section 8.908.020.B)
Staff is proposing the establishment of a new Temporary Use category to specifically allow tent
sales for automobile dealerships. Because of the unique characteristics of auto dealers, a new
category was created to differentiate these types of outdoor tent sales from the outdoor sales of
2 of 6
j r)
other businesses. This type of temporary use is proposed to be permitted subject to t~ J` ~
following conditions:
1. Automobile Dealership Promotional Tent Sales for any one dealership shall be limited to
70 days per calendar year.
2. Any single Promotionat Tent Sale shall last no longer than 30 days.
3. The total square footage of all temporary tents at an auta dealership site at any one time
shall be no more than 2,000 SF.
4. The location of temporary tents shall be subject to review and approval by the Planning
Division, Building Division, Public Works Department, and Fire Prevention Bureau.
5. No advertising or logos are permitted on any temporary tent canopy.
6. No items shall be attached to any temporary tent.
Consfruction-Related Temporary Uses (Section 8.108.020.~
The existing Chapter 8.108 contains provisions to allow for temporary storage containers and
temporary construction trailers on sites that have active building permits, but there has not been
a provision to permit temporary equipment storage on site that is used for construction. The
proposed revisions to this section clarify the exact types of temporary uses permitted and also
group all construction-related temporary uses under one section heading. Among other things,
the section notes that a Temporary Use Permit for a temporary storage container can be issued
for a maximum of 90 days.
Oufdoor Event by an Established Business (Section 8. 908.020.K)
Chapter 8.108 currently permits Outdoor Sales by an Established Business, but does not have a
category for established businesses who want to hold a temporary outdoor event that is not for
the purpose of selling merchandise. Staff is proposing the establishment of a new Temporary
Use category to aflow outdoor events (such as car shows) on a limited basis.
Each individual ~utdoor Event shall be limited to a maximum of 4 consecutive days, with a
maximum of 2 such events during a one-year period.
Outdoor Skafing Rink (Section 8.108.020.M) ~
In addition to permitting outdoor events as nated in the section above, there have been requests
in years past for a temporary outdoor skating rink that has a longer duration than a typical
outdoor event. In order to permit this special seasonal event, Staff is proposing to create a new
category. An outdoor skating rink may be permitted subject to the following conditions:
1. Maximum of 60 operational days per calendar year plus one week for setup and one
week for removal.
2. Event shall not utilize more than 10% of the required parking for the business where the
Outdoor Skating Rink is located.
Similar Uses (Section 8.108.020.0)
Occasionally, Staff wiil receive an application for a Temporary Use type that is not covered by
any of the other categories, although it may share many similarities. In order to allow some
flexibility to permit these types of events if they fit within the general parameters of the
Temporary Use Permit chapter, Staff is proposing ta create this new section. This will ailow the
consideration and approval by the Community Development Directar of other temporary uses
that may not fit into any af the existing categories.
3 of 6
Storage Container (Residential) (Section 8.108.020.Q) ~" ~} ~)
Temporary storage containers are permitted on active construction sites, but to date it has not
been clear how to permit a temporary storage container in a residential district that is being used
fo~ a short period of time and on a site where construction requiring a building permit is not
talcing place. Temporary storage units such as "PODS" are often used by homeowners who are
moving in or out of a home, homeowners engaged in a remodeling project that does not require
a building permit, or similar situation. A Temporary Use Permit can be issued for a maximum of
15 days for this use subject to the following conditions:
1. Container must be located on private property, not in the pubfic right-of-way.
2. Container must be located on a paved surFace.
3. Container may be located in the rear yard.
4. One container per residential parcel is permitted.
Type of Temporary Use Permits: Major and Minor (Section 8.108.22)
Staff is proposing a new section to differentiate between a Minor and Major Temporary Use
Permit. Far the purposes of determining fee payment, a Majar Temporary Use Permit is defined
as an event where City of Dublin Staff will be required to be on site during the event, monitoring
the event in some way, or will be required to conduct inspections not covered through another
permit because of the proposed size, location, or hours of the temporary use. Examples include
an event which draws so many participants that lanes of traffic are closed and safety personnel
are required to be on hand to direct traffic into parking areas. Minor Temporary Use Permits are
those that do not have the above requirements.
All of the proposed amendments to Chapter 8.108 are shown in underline (new text) and
deletions (removed text) in Attachment 3. The final Ordinance, with all of the changes
incorporated, is included as Exhibit A to Attachment 4.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
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 Govemment Code Sections 65090 and
65091.
Additionally, Staff shared the proposed Zoning Ordinance Amendment text related to the new
Automobile Dealership Promotional Tent Sales category with the local auto dealers to ensure that
the proposed language would be suitable. No major concems were expressed.
ENVIRONMENTAL REVIEW:
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) June 1, 2010 City Council Staff Report '
2) June 1, 2010 City Council meeting minutes
3) Amended Chapter 8,108 of the Zoning Ordinance (with
proposed additions and deletions shown)
4of6
(
4) Resolution recommending that the City Council adopt a~ ~~°~
~
Ordinance . approving Amendments to Chapter 8.108
(Temporary Use Permit) of the Zoning Ordinance, with the
draft Ordinance included as Exhibit A.
5 of 6
GENERAL INFORMATION:
PROPERTY OWNER/APPLICANT: City of Dublin
LOCATION: Citywide
ZONING: Varied
GENERALPLAN
LAND USE DESIGNATION: Varied
SPECIFIC PLAN/
LAND USE DESIGNATION: Varied
SURROUNDING USES: Not applicable
/~ ~ ~~
~,l
6 of 6
DRAFT DRA~~ ~~I
~
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.
A discussion followed regarding a TUP for a skating rink and the shared parking issue and how
it could impact the surrounding businesses. Cm. Brown felt the surrounding businesses should
be notified and perhaps the Applicant should be required to obtain the surrounding business
owners permission.
There was a discussion regarding the temporary storage POD and how long the permit should
allow them to be located at a residence.
On a motion by Cm. Swalwell and seconded by Cm. Schaub, on a vote of 5-0, with a change to
Section 8.108.3 for a residential storage container to increase the time period to a 30 day period,
the Planning Commission approved:
RESOLUTION N0.10- 46
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENTS TO CHAPTER 8.108
(TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE
PLPA-2010-00045
PLPA-2010-00046 Amendment to Chapter 8.84 (Sign Regulations) of the_,Da~iit Zoning'
rdinance related to temporary promotional banners.
Kristi Bascom, ~'rin ' 1 Planner presented the project ined in the Staff Report.
A discussion followed regardiri he size (60 sq ft) of the temporary banner signs. Cm.
Wehrenberg was concerned abo e s' a.~1d felt it could be a problem. Staff clarified that the
overall size permitted (60 is not changing, t the proposed regulations remove the
requirement that anner be 24' long and 2.5 feet wi ._ The banner can now be any
configuratio at equals 60 sq ft total. ,_
,,y
:':l„ ± , E.F;~ E_,f3f8PYtLf,,.A~{y3F ~ , fXr`.? . . s°~s~; ~ i
``` `"~' '~~~'~¢~~'~, 122 ATTACHMENT 4
~ ~
RESOLUTION NO. 10- 46
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENTS TO CHAPTER 8.108 (TEMPORARY USE PERMIT)
OF THE ZONING ORDINANCE
PLPA-2010-00045
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 amendments to the Dublin Zoning Ordinance to modify
the Temporary Use Permit Chapter of the Zoning Ordinance in order to permit a wider variety of
temporary uses and to be more flexible on the location and duration of appropriate temporary
uses; and
WHEREAS, the project is 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 find that the Zoning Ordinance Amendment is consistent with the Dublin General Plan
and all applicable Specific Plans.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
recommend that the City Council approve the proposed Zoning Ordinance Amendments as
described in Exhibit A to this Resolution.
PASSED, APPROVED AND ADOPTED this 28th Day of September 2010 by the
following votes:
AYES: King, Brown, Schaub, Wehrenberg, Swalwell
NOES:
ABSENT:
ATTACHMENT 5
~~ ^'J
~
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:IPA#120101PLPA-2010-00045 ZOA Temporary Use PermitslPC 09.28.20101PC Att 3- Reso.DOC