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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