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Home My WebLink About6.2 Zoning Ord Amend ~~ i CITY CLERK File # D~@[{j]-[5J1OJ . AGENDA STATEMENT CITY CQUNglL MEEllNG DATE: May 18,1999 SUBJECT: . ATTACHMENTS: RECOMMENDATION: 1) 2) 3) 4) 5) . w FINANCIAL STATEMENT: None. BACKGROUND: Public Hearing: P A 99-008 Zoning Ordinance Amendment to Chapter 8.108, Temporary Use Permits to delete the Temporary Use Permit (TUP) "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)". (Report Prepared by: Dennis Carrington, Senior Planner/Zoning Administrator) 1) Planning Commission Resolution 99-20 recommending that the City Council adopt an ordinance amending Municipal Code Chapter 8.108, Temporary Use Permits, to delete the Temporary Use Permit "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)" Draft Ordinance amending Chapter 8.108 of the Municipal Code (Zoning Ordinance) Temporary Use Permit Chamber of Commerce letter 2) 3) 4) Open public hearing and hear Staff presentation Take testimony from the public Question staff and the public Close public hearing and deliberate Waive reading and introduce Ordinance amending Chapter 8.108 of the Municipal Code (Zoning Ordinance) Original Ordinance. The City Council adopted Ordinance 8 - 95 amending the Zoning Ordinance on August 8, 1995 to add "Outdoor Sales Not Related to On-Site Established Business" approved as a Conditional Use Permit by the Zoning Administrator. This allowed certain outdoor sales by non-Dublin businesses. New Zoning Ordinance. The City Council adopted anew Zoning Ordinance on September 2,1997. The language in the new Zoning Ordinance provides for Outdoor Sales Not-Related To A Dublin Business (sidewalk sales) but contains typographical errors which make the text of the section unclear. . ------------------------------------------------------------------------------------------------------------- COPIES TO: In-House Distribution Senior Planner :.i... ~ ITEMNO.~ g:\pa99..o08\ccsr Temporary Use Permit On February 8, 1999, Community Development Staff inadvertently issued a Temporary Use Permit (Attachment 3) for an individual to sell roses at the Shell Gas Station at 8999 San Ramon Road from February 11, 1999, lli1til February 14, 1999. The permit was issued in error. A review of the Temporary . Use Permit log revealed that the TUP in question is the only one to have been issued for Outdoor Sales Not Related to On-Site Established Bu'siness since the adoption of the revised Zoning Ordinance in 1997. Chamber of Commerce Letter. The Chamber of Commerce sent a letter (Attachment 4) to Mayor Guy Houston on February 16, 1999, regarding a complaint received from a business member regarding a street vendor selling merchandise on a street comer in the City of Dublin. It was the lli1derstanding of the Chamber of Commerce that only Dublin-based businesses would be allowed permits for outdoor sales. City Council Direction On March 2, 1999, the City Council gave direction to Staff to draft an amendment to the Zoning Ordinance prohibiting a Temporary Outdoor Sale Not-Related To A Dublin Business (Sidewalk Sale) except as provided elsewhere in the Temporary Use Permit chapter of the Zoning Ordinance. Planning Commission Recommendation On April 27, 1999, the Planning Commission adopted Resolution 99-20 recommending that the City COlli1cil adopt an ordinance amending Municipal Code Chapter 8.108, Temporary Use Permits, to delete the TUP "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)". Other Types of Outdoor Sales/Sidewalk Sales . Other TUP's that would still remain in the Zoning Ordinance allow Arts and Crafts Fairs, Carnivals, Christmas Tree/Pumpkin Sales Lots, Farmers Markets, Festival/Street Fair, and an Outdoor Sale by an Established (Dublin) Businesses. ENVIRONMENTAL REVIEW: The City COlli1cil on August 18, 1997, adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter 8.108, Temporary Use Permit, is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that revising the Zoning Ordinance would have a significant effect on the environment (Section 15061(b)(3). Amending the TUP Regulations to delete the TUP for a Sidewalk Sale is also exempt from CEQA because it can be seen with certainty that there is no possibility that such amendment would have a significant effect on the environment. RECOMMENDATION Staff recommends that the City COlli1cil: Open public hearing and hear staff presentation, take testimony from the public, question staff and the public, close public hearing and deliberate, waive reading and introduce the Ordinance amending Chapter 8.108 of the Municipal Code (Zoning Ordinance). . 2 14'1 . RESOLUTION NO. 99- 20 A RESOLUTION OF THE PLANNING COMMISSION pF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 8.108, TEMPORARY USE PERMITS, OF THE MUNICIPAL CODE (ZONING ORDINANCE), TO DELETE THE TEMPORARY USE PERMIT "TEMPORARY OUTDOOR SALE NOT RELATED TO ON-SITE ESTABLISHED BUSINESS (SIDEWALK SALE)" WHEREAS, the comprehensive revision to the Zoning Ordinance (Ordinance 20- 97) was adopted by the City Council on September 2, 1997; and WHEREAS, Chapter 8.108, Temporary Use Permits, of the revised Zoning Ordinance addressed the permitting of temporary uses by means of the Temporary Use Permit process within the City of Dublin; and . WHEREAS, the City Council on August 18, 1997, adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter 8.108, Temporary Use Permits, is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that revising the Zoning Ordinance would have a significant effect on the environment (Section 15061 (b)(3)); and WHEREAS, an Environmental Impact Report, SCH#840 11002, was prepared for the Dublin General Plan and certified on February 11, 1985; which addressed impacts of the future development of the City of Dublin; and which impacts and analysis exceed the impacts of the amendments to Chapter 8.108 the Zoning Ordinance, Temporary Use Permits; and WHEREAS, Staff has prepared an amendment to Chapter 8.1 08, Temporary use Permits; to delete Section 8.108.020.N, Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale) and; WHEREAS, a staff report analyzing the amendments was submitted for P A 99- 008, which stated that the amendments to Chapter 8.108 (P A 99-008) do not represent changes that can have any environmental effect because it can be seen with certainty that there is no possibility that revising the Temporary Use Permit Section of the Zoning Ordinance to delete a section would have a significant effect on the environment (Section 15061(b)(3)); and . WHEREAS, the Planning Commission held a public hearing on said amendment to Chapter 8.108, Temporary Use Permits, on April 27, 1999, for which proper notice was given m accordance mili CIDlionna sm:e Law; 1 IT ACHMENT I ;{~Il WHEREAS, the Planning Comm~ssion at its April 27, 1999, meeting considered . all written and oral testimonY,iiubmitted at the public hearing. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that the amendments to Chapter 8.108 (PA 99-008) do not represent changes that can have any environmental effect because it can be seen with certainty that there is no possibility that revising the Temporary Use Permits section of the Zoning Ordinance to delete a section would nave a significant effect on the environment (Section 15061 (b)(3)), and does recommend that the City Council amend Chapter 8.108, Temporary Use Permits, of the Municipal Code (Zoning Ordinance) as shown in Attachment 2 to the April 27, 1999 staffreport for PA 99-008. PASSED, APPROVED AND ADOPTED TillS 27th day of April, 1999. AYES: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz NOES: ABSENT: . Planning Commission Chairperson ATTEST: Community Development Director g:pa99008\pcres . " 34'; ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 8.108, TEMPORARY USE PERMITS, OF THE MUNICIPAL CeDE (ZONING ORDINANCE), RELATING TO TEMPORARY OUTDOOR SALES THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. "Section 8.108.010 of the Dublin Municipal Code is amended to read as follows: The purpose of this Chapter is to establish a procedure for approving minor temporary land uses that meet established development review standards and are acceptable because of their temporary nature. The only minor temporary land uses permitted are those specified in Section.8.! 08.020. Section 2. Section 8.108.020.N, Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale), of the Dublin Municipal Code is amended to delete Section 8.108.020.N, Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale). Succeeding sections shall be re-numbered. Section 3. Effective Date and Postine: of Ordinance . This ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. " PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this day of May, 1999, by the following votes: Ayes: Noes: Absent: Abstain: Mayor Attest: . City Clerk A IT ACHMENT ~9008\Ord - i I ! j ! I City of Dublin ~ ' Temporary Use Permit Application Form /~ ( I. .1 t7THOR.TZA TI0N OF PROPERTY O'\Vl\TR ~1I,,"DAPPL1CA'i'I,'T: ~ -- PROPERTY OH'J\'ER: In signing this"application, I 2.S Property 01,1,'Der, cer.ify that J have full l~f:2l c2.;;a:i;y iO, a.,d autboriz= the filing of this application. I llD(ie~d that the proposed T::mpo:a.-y Use P:::::a.it use requi:-es cO;:Jpliz.."1::: me sp::iiic Standard Requirements adopted by !be City of Dublin Planning Commission for the prop~sd <:?: of J unoe:"S""...and that !be proposed us: shall not be es""..zbEshed p:ior to reech'ing Tempo:ary Use Pe:::J.it zppro,,;:.) fr,,= :...:: D=pa.i!De:It ofCom.::nunity D::v:Jopment 1 egrc:: to campI)' with aU Standard Requircm!:r.:s unlcis a rcqufr=..-:-:::r.! is wan'cd and initi::lcd bJ' a CiJ;' of Dublin Planner. '/~ :N" z::: e: /11 At k A. J-/~l/V f.) p.." Title: PrC"!'l:;7\' O"..n::r/ A. !:':m t?ri:Jt or Type) COwjJ3lJY: if / C'O Jfcc Slk 1-L /Gzs SL"7.(- - i :;;2 0 Phon:: 5':..J ~/,~ If <--1 [}I tjJ . .D.I ;3 /. ....J J . D21:: /J)'I/ f f / A.PPLJC~\.T (OTZER TEA...\' PROPERD' o "f17\'ER): J certify !bar I he\': the :a:.r,.i:)j1::s:ion ofi:o~e p,"?::,y Ow;:e: I':> rJ]= appli:z:io:I for a T==p;J;a,")' l;se ?e;:nit. I unc:::>..znd r:":at tb: pro?~s::d T:cpo;z,"y Us: ?:::::i:!it t!S: r::q:.:ir:'s :.:I::,:pi;z..:,::::: w, spe.::iii:: S:.aDcard Requirements aoopz:d by the Ciry" of Dublin Planning Commission fo;!he prop~s:j '0?: "fuse. r ll:l:i_..:....:-'1:= ilia! 6: proposed us: shill Dot be es--.zblisbd p:ior to r::::dving T::::ipo:a:-y Use P:::ni! 2.?;;:o\"a) frO;;J i..":: D:p:;""i:n:m of Co.=:nuni!)' D:\'eio;;=:l::Jt.. J l!:;rc~ to camply woh aO Standard R::quircmcr.:s z:r.l!:.Ss a rcq:Jir:::.71t:::f is nm:::; wcfl,t;d and ir.iriald iI)' a Cft;, of Dublin Plr:r:ncr. Add.-:ss (s::-e:t, :;i:y& ::ip): ~ f '1 f S!f:)zru.-e: 7//::.. It / ~i..t ~ , " (~ .'J.? .. ~ 1-:""'" .!..;,./T P, '" /7 ". l.- ~ . I fo 2J; '( It I~ ;: Na:n:: , )"1 ~"1 . G) \ \ \"\ O~ yv) --S Ti:i:: 'i\\,tJ L(~j~f~_ ~.:It or T'~~) . . COiIl;;any: ,L). (0. NO"-li4V~e.5'- DiS,. PilOD:: q'~"5 - ~ 77- {q;/ ~ddr="(S=J&;fJt ~;~ +-\l\zn co," ::.u::;z:rure: ( [1~, /looo - 7/ IT. PRO.rrcr ~1='ORMb, TI 0 1\:: ":;0:-(""2' ~lO l>M.J~ \h. 1/';/1:; \ (j, _ ~ l{:5~t: n~'t..... ----. -. A.' .:7o)e::t ..,.ac::zs: ~ q '1 '1 "'S A-/\ ?oS.e'S \?.t..M to ~ 'J 11 tt~ D\I:~ Proj:ct .1J'N: ?;-oje:t'Bcsi::=ss Nzz:::: ~V=n! Type (i.:. Ca.-.cival, Omdoor Sil:, Cb...-isi:mas Tre: Lot etc.): Ou fi/CIQIL <; A-\e5 III. PLEASE A. ITACFf THE FOLLo-WING ITEMS TO THIS APPLTCA nON (Unless noted as wai"ed z.nd initi:ded bY:3 Cit)' of Dublin Planner, Refer to individual event requirement sheets for additional information): /" ./ ./ ./ Fee: S25 (cash or ch::::k payable to the City of Dublin) Written Statement Diag:-~ of Site (2 copies) Signag: Details (include Zoning Cl:a.~ce Fonn ~d Fees) Ce:tiii:.z.te ofbsu.-ance nzming the City of Dubliri' is additio~al ~-:.....-ed in the 2.I:lount of $1,000,000 S500 Deposit F~ to ensure ::lean up oime she O"'..b:r requird it:ms: , CI,YY OF DU3UN TE:MPDRARY US: ?:RM1T I 6PPROV~D /:1" ,.- TU?#Q1-0 ( DAT~ 7J: W( 7 9Y )/d fl.A 1(;. n i. ), It /iV') /j) . ;:'l:::p\=.:pIO:::l .~ I \ i \ .' \ -. --. j .J: -....------ ;_..._~ -'0- - - ::"_l 6~S r~ ---..! ,~. \ \..... \/:::. ' "I" i. r\ 1,':'- : S:J i -:=:- I I 1_. I ~ .-- . .., . .:~ '..... -, ,~- - 1"./ .. **,.> [ I '~ '\._"\ i . 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'f 1"7;;J 0 / .).II-L .~ ~/ 4./7 ;!- 0 }~1,;'i-:' r/,' 1.1'/1/ ~ f ? &1 11,4/:> W i,1?-f 5 .If! 1- '_.S ~ j:lz) !7};/ j'_:J_( h(~':{ Sv../.;'j '7 :;.1) "...'/V 3,' rJ 11 ~.I)'J r t./ .3 5' -- ';?,l"j ~ S/.7 :J (7" 5;' :J",J ;'./."'7 :.,) /" It'.J;? /:: V J,) .;> ,''-)) ,~~.4 o/"~""'-5' )" 10)/://. '("1 .....~IT ~b' IL/17 t:;;i/ ~}J.L A I fl?r:J tJj/7":;1 H,I.!.// k{' J3rt'r/:I.~/r/J ../? r-;JSQ.?! 7 }tJ5 'II ','11 \1.': r I 1/,.1 f/ ? 1 Lt.l:? -!/,.-vr.I.t"j-J . r/ r Z/.:,Iltl 1. - /J4'1e . .. /.;~9 : L:- . . . -- FEB-15-99 MOH 12:59 DUBLIH.CHAMBER . old in heritage" "e,w in ideas '" U ,-n Chamber of Commerce Q .v r; Februaxy 16, 1999 Mayor Guy Houston Dublin City Council P. O. Box 2340 Dublin. California 94568 Dear Mayor Houston: On February 12, 1999 the Dublin Chamber of Commerce office received a complaint from one of it's business members regarding a "street vendor" selling merchandise on a street comer in the City of Dublin. The City Planning Department v.'aS contacted regarding this matter and the Chamber was informed by staff member Dennis Carrington that a three day temporary use permit was issued to the vendor by the City in accordance with the guidelines of the current ordinance for outside sales. It was the understanding of the Chamber and members of the Committee that worked on the revision of the outside sales ordinance several years ago that only Dublin based businesses with Dublin commercial addresses and a Dublin city business pennit would be allowed permits for outdoor sales. It is disappointing to think a temporary use permit was issued to a street vendor selling the same merchandise as several other businesses within the City of Dublin. Dublin businesses pay a fee to the City of Dublin for the privilege of opera.ting a business within the City. In addition, there are the normal business expenses ofrent, taxes. etc. not to mention the creation of jobs. It is difficult to understand how the City Planning Department can justifY issuing a use penn it for $25.00 to an individual that does not live or have a business within Dublin and, most importantly. does not support the Dublin community through donations to schools. community projects, sports programs, etc. The Dublin Chamber of Commerce and City have worked diligently over the years on the image of Dublin. Street vendors selling products out of the trunks of their vehicles on every corner and in parking lots is not the best image for our City. The Chamber urges the City Council to review the outdoor sales ordinance again and take the necessary precautions to "close the loopholes" to insure our City streets are free of outdoor vendors selling their wares. We believe Dublin should look it's "best" at all times. Thank you for your consideration of this matter. /frIY Y07- . . NAN~LEY~ACiIMENT / / Executivo Direct~ 1111 , 7 7080 DONLON WAY, SUIT!: 110 . DUBUN. CAUFORNIA 94568 (925) 828-6200 · FAX: (925) 828-4247 · E-MAIL: dblncofc@pacbell.net