HomeMy WebLinkAboutItem 6.2 Zoning Ord Amendments G~~~ OF Dp~l
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~y'~;~~82 STAFF REPORT CITY CLERK
C~ CITY COUNCIL File #450-30
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DATE: October 4, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJECT: PUBLIC HEARING: Zoning Ordinance Amendments to Chapter 8.40 (Accessory
Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading
Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary
Use Permit), PLPA-2011-00026.
Prepared by Mamie R.' Delgado, Senior Planner
EXECUTIVE SUMMARY:
The City is initiating amendments to the Zoning Ordinance to bring greater clarity and
consistency to existing regulations. Amendments are proposed to: Chapter 8.40 (Accessory
Structures and Uses Regulations) as it relates to Eating and Drinking Establishments as an
accessory use to retail sales; to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it
relates to tenant spaces with multiple functions and parking requirements for other Indoor
Recreational Facilities not specifically listed in Section 8.76.080.D; to Chapter 8.84 (Sign
Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in
the Downtown Dublin Zoning District; and to Chapter 8.108 (Temporary Use Permit) as it relates
to other temporary land uses not specifically defined and deviating from established
development standards.
FINANCIAL IMPACT:
None.
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 8.40 (Accessory Structures
and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter
8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance.
Submitted By Reviewed By
Director of Community Development Assistant City Manager
Page 1 of 7 ITEM NO. 6.2
DESCRIPTION:
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend
certain provisions to ensure that the Zoning Ordinance remains internally consistent and
relevant to changes occurring in the community. Amendments to Chapter 8.40 (Accessory
Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations),
Chapter 8.84 (Sign Regulations), and Chapter 8.108 (Temporary Use Permit) of the Zoning
Ordinance are proposed and are outlined in further detail below. A strikethrough/underline
version of the proposed Zoning Ordinance Amendments is included as Attachment 1.
ANALYSIS:
Chapter 8.40 (Accessory Structures and Uses Regulations)
Section 8.04.060.E (Official Interpretations) of the Zoning Ordinance allows the Community
Development Director to make official interpretations of the Zoning Ordinance when the
applicability or meaning of any of the requirements of the Zoning Ordinance is unclear generally
or as applied to a specific case. On June 10, 2011 the Community Development Director issued
an official interpretation regarding Eating and Drinking Establishments as an accessory use to
retail sales (Attachment 2). Section 8.04.060.E also requires, when the Community
Development Director issues an official interpretation for an unclear provision of the Zoning
Ordinance, that the unclear provision be corrected by amending the Zoning Ordinance as soon
as practical. Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) is
proposed to be amended to add the following regulation (see Attachment 1, page 1):
8. Eating and Drinking Establishments. An Eating and Drinking
Establishment incidental to retail sales in Commercial Zoning Districts
where the Eating and Drinking Establishment, including food preparation
areas and seating areas, is 10% or less of the entire tenant space.
Chapter 8.76 (Off-Street Parking and Loading Regulations)
Tenant Space with Multiple Functions
The official interpretation issued by the Community Development Director on June 10, 2011
(see Attachment 2) also addressed an unclear provision in Section 8.76.040.M (Tenant Space
with Multiple Functions). This section is proposed to be amended as follows (see Attachment 1,
page 2):
M. Tenant Space with Multiple Functions. When a tenant space contains
several Use Types, the amount of parking to be provided shall be the total
of that required by Section 8.76.080 for each Use Type, except as
otherwise provided by Section 8.76.050 (Adjustment to the Number of
Parking Spaces).
1. When a tenant space contains several Use Types for the exclusive use
of those engaged in the primary use and not otherwise available to the
Page 2 of 7
general public, the amount of parking to be provided shall be the total
of that required by Section 8.76.080 for the primary Use Type.
2. When a tenant space contains permitted accessory uses pursuant to
Section 8.40.030 (Accessory Uses), additional parking shall not be
required.
Off-Street Parking Table: Indoor Recreational Facilities
Section 8.76.080 (Parking Requirements by Use Type) is also proposed to be amended as it
relates to parking requirements for "Other" Indoor Recreational Facilities for which a parking
requirement is not specifically listed. Currently, a Conditional Use Permit is required to
establish a parking requirement for "Other" Indoor Recreational Facilities. The proposed
amendment would change the process to a Minor Use Permit (see Attachment 1, page 2)
consistent with the regulation of Indoor Recreational Facilities through the Minor Use Permit
process and thus streamlining the permitting process.
Chapter 8.84 (Sign Regulations)
Flags -Seasonal
A new sign type is proposed to be added to the Sign Regulations Chapter to allow for the
display of seasonal flags. Anew definition of Flags -Seasonal would be added to Section
8.84.020 (Definitions) of the Sign Regulations Chapter to read as follows (see Attachment 1,
page 3):
P. Flags -Seasonal. The term Flags -Seasonal shall mean a sign
constructed of cloth, canvas or another light fabric with or without a rigid
frame intended to be displayed for a limited period of time and/or changed
on a regular basis to coincide with holidays or the four seasons of the
year.
This proposed sign type would be included in the current exemption for flags in Section 8.84.140
(Exempt Signs) and would not require a permit (see Attachment 1, page 6), as follows:
B. Flags. The flag or insignia of any charitable, educational, philanthropic,
civic, professional or religious organization, or seasonal flags.
Flags -Automobile/Vehicle Sales
A new sign type is proposed to be added to the Sign Regulations Chapter regulating the display
of flags on light poles at automobile/vehicle sales establishments. This proposed sign type
would be allowed subject to approval of a Zoning Clearance in Commercial and Industrial
Zoning Districts where automobile/vehicles sales is permitted (see Attachment 1, page 3). The
following definition would be added to Section 8.84.020 (Definitions) of the Sign Regulations
Chapter (see Attachment 1, page 3):
O. Flags - Automobile/Vehicle Sales. The term Flags -Automobile/
Vehicle Sales shall mean a sign constructed of cloth, canvas or another
Page 3 of 7
light fabric with or without a rigid frame intended to be displayed on a
regular basis to advertise the business name.
This proposed sign type would also be added to Section 8.84.050 (Signs Subject to Permits)
and would be required to adhere to the following standards in order to obtain approval of a
Zoning Clearance (see Attachment 1, pages 5-6):
F. Flags - Automobile/Vehicles Sales. Automobile/Vehicle Sales Flags
are permitted in those Zoning Districts where Automobile/Vehicle Sales
are permitted subject to approval of a Zoning Clearance.
Automobile/Vehicle Sales Flags are subject to the following:
1. Automobile/Vehicle Sales Flags shall be located on the site where
the business being advertised is conducted.
2. The location of Automobile/Vehicle Sales Flags shall be limited to
private property light poles and shall not extend above the top of the
light pole.
3. The number of Automobile/Vehicle Sales Flags shall be limited to
one (1) flag per light pole, up to one-half of all light poles located on
the site.
4. Automobile/Vehicle Sales Flags shall be limited to a maximum of 20
square feet and maybe single sided or double sided.
5. Automobile/Vehicle Sales Flags shall have a clearance of eight (8)
feet above the ground and fourteen (14) feet above a driveway, alley
or other vehicular access way. No flag shall project into a public
right-of--way.
6. Automobile/Vehicle Sales Flags shall be maintained in good
condition at all times. Any flag that is faded, torn or otherwise
determined by the Community Development Director to not be in
good condition shall be removed upon request and may be replaced
subject to compliance with Section 8.84.050.F.
Many of the City's auto dealerships already display flags on light poles; this amendment would
provide standards to regulate the display of these flags. Staff worked with the auto dealerships
and solicited input on the proposed standards. The auto dealerships were supportive of the
proposed amendments and their input was taken into consideration in drafting the standards.
Temporary Promotional Signs
The regulations pertaining to Section 8.84.050.S (Temporary Promotional Signs) are proposed
to be amended to limit the number of signs that can be displayed at any one time to a maximum
of two (2) signs. One sign may be displayed on the tenant's building frontage and a second sign
may be displayed on the street frontage. In a situation where a tenant has two street frontages,
the tenant may display an additional sign along the street frontage in lieu of their building
frontage. However, only one (1) sign would be allowed per street frontage, up to two frontages
and the signs must be a minimum of 200-feet apart. (See Attachment 1, pages 4-6).
Downtown Dublin Zoning District
Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is
proposed to be amended to include the new Downtown Dublin Zoning District. The sign types
Page 4 of 7
allowed in the Downtown Dublin Zoning District (DDZD) and the Decisionmaker authority for
those signs (i.e. Community Development Director, Zoning Administrator, and Planning
Commission) is the same as what is allowed for the C-2 (General Commercial) Zoning District.
(See Attachment 1, pages 3-4).
Non-Substantive Changes to the Sign Regulations
Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is
proposed to be amended to remove Open House signs and Window signs from the matrix (see
Attachment 1, pages 3-4). Matrix A sets forth those signs which are subject to permits and
Open House signs and Windows signs are exempt signs pursuant to Section 8.84.140 (Exempt
Signs).
Chapter 8.108 (Temporary Use Permit)
The Temporary Use Permit Chapter of the Dublin Zoning Ordinance contains regulations and
development standards for a variety of temporary land uses. A temporary land use that meets
established development standards and is temporary in nature may be approved for a limited
duration of time.
The current Temporary Use Permit Chapter was adopted by City Council Ordinance 21-10 in
November 2010 (Attachment 3) to provide greater flexibility in the establishment of temporary
land uses. Anew category in Section 8.108.020 was created for Similar Uses and reads as
follows:
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 is 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.
The Similar Uses category requires that the temporary land use adhere to the provisions for the
specific use that it is "similar" to including number of events, duration of events and all other
development standards and regulations established for the specific use. The Temporary Use
Permit Chapter does not address temporary land uses that are not specifically listed and are not
similar to a specifically listed temporary land use.
The proposed Zoning Ordinance Amendment would create a new "other" category with the
following development standards (see Attachment 1, page 7):
K. Other Temporary Uses. A temporary land use that is not otherwise
defined in Section 8.108.020 nor determined by the Community
Development Director to be similar to any of the specific uses contained in
Section 8.108.020, may be approved as a temporary use of land subject
to the following conditions:
1. The use is temporary in nature and would not exceed 30 calendar
days.
2. The use was not established by means of a Temporary Use Permit
within the last six (6) months.
Page 5 of 7
3. The hours of operation are between: 9 a. m. and 9 p. m. Monday
through Friday; 9 a. m. and 11 p. m. Saturday; and 9 a. m. and 6 p. m.
Sunday. Event set-up may begin no earlier than 8 a. m.
Loudspeakers or amplified music shall be limited to between 10 a. m.
and 9 p.m. Monday through Saturday.
4. The use would be compatible with the surrounding area and the
Zoning District in which it is located.
5. The use complies with the standard conditions established by the
Community Development Director.
A temporary land use that meets the above development standards would be processed
through a Temporary Use Permit.
Another proposed revision to the Temporary Use Permit chapter is to allow for deviations from
established development standards through a Minor Use Permit process (see Attachment 1,
page 7). Any temporary land use, including temporary land uses within the "other" category,
that cannot meet an established development standard may apply for a Minor Use Permit.
FINDINGS:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and
all applicable Specific Plans in that the General Plan and applicable Specific Plans include
policies which support the development of commercial uses and the proposed Zoning
Ordinance Amendments facilitate commercial development by bringing greater clarity and
consistency to existing commercial regulations related to accessory uses, parking, signage, and
temporary land uses.
PLANNING COMMISSION MEETING:
At the August 23, 2011 Planning Commission meeting, the Planning Commission reviewed the
proposed Zoning Ordinance Amendments. During the Public Hearing, four individuals spoke in
opposition to the proposed Zoning Ordinance Amendments. They raised concerns regarding
the proposed sign regulations, and concerns regarding the Amendments as they related to the
Sahara Market appeal (Attachment 4). The Planning Commission received public testimony,
deliberated and adopted Resolution 11-23 recommending City Council adoption of amendments
to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking
and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use
Permit) of the Zoning Ordinance (Attachment 5).
CONCLUSION:
Staff is recommending that the City Council waive the reading and introduce an Ordinance
amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street
Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108
(Temporary Use Permit) of the Zoning Ordinance (Attachment 6). The proposed amendments
bring greater clarity and consistency to the existing regulations and address the needs of the
community.
Page 6 of 7
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City. The Public Notice was provided to all persons who have expressed an interest in
being notified of meetings and was also provided to all automobile/vehicle dealers, and the
individuals that addressed the Planning Commission on this item. The Staff Report for this
public hearing was also made available on the City's website. The City has received one
comment letter, with attachments, dated September 20, 2011 from a concerned Dublin resident
regarding the regulation of signage throughout the City (Attachment 7).
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section
15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the
potential to cause a significant effect on the environment. The adoption of the proposed
Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the
construction of any building or structure, but it sets forth the regulations that shall be followed if
and when a building or structure is proposed to be constructed or a site is proposed to be
developed. This Ordinance of itself, therefore, has no potential for resulting in significant
physical change in the environment, directly or ultimately.
ATTACHMENTS:
1. Proposed Zoning Ordinance Amendments in
Strikethrough/Underline.
2. Community Development Director Determination and
Interpretation Letter dated June 10, 2011.
3. City Council Ordinance 21-10.
4. Draft Planning Commission meeting minutes dated August 23,
2011.
5. Planning Commission Resolution recommending City Council
adoption of amendments to Chapter 8.40, Chapter 8.76,
Chapter 8.84 and Chapter 8.108 of the Zoning Ordinance.
6. Ordinance amending Chapter 8.40, Chapter 8.76, Chapter
8.84 and Chapter 8.108 of the Zoning Ordinance.
7. Letter from Bruce Fiedler dated September 21, 2011.
Page 7 of 7
Chapter 8.40
Accessory Structures and Uses Regulations
Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) of Title 8 of
the Dublin Municipal Code is hereby amended to add the following:
8. Eating and Drinking Establishments. An Eating and Drinking
Establishment incidental to retail sales in Commercial Zoning Districts
where the Eating and Drinking Establishment, including food preparation
areas and seating areas, is 10% or less of the entire tenant space.
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CHAPTER 8.76
OFF-STREET PARKING AND LOADING REGULATIONS
Section 8.76.040.M (Tenant Space With Multiple Functions) of Title 8 of the Dublin
Municipal Code is hereby amended as follows:
M. Tenant Space With Multiple Functions. When a tenant space contains several
Use Types, the amount of parking to be provided shall be the total of that
required by Section 8.76.080 for each Use Type, except as otherwise provided
by Section 8.76.050 (Adjustment to the Number of Parking Spaces).
1. When a tenant space contains several Use Types for the exclusive use of
those engaged in the primary use and not otherwise available to the
general public, the amount of parking to be provided shall be the total of
that required by Section 8.76.080 for the primary Use Type.
2. When a tenant space contains permitted accessory uses pursuant to
Section 8.40.030 (Accessory Uses), additional parking shall not be
required.
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Section 8.76.080.D (Commercial Use Types) of Title 8 of the Dublin Municipal Code is
hereby amended as follows:
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Recreational Facility/Indoor
Other Per S-U-P MUP
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CHAPTER 8.84
SIGN REGULATIONS
The following new definitions are hereby added to Section 8.84.020 (Definitions) of Title
8 of the Dublin Municipal Code to read as follows:
O. Flags - AutomobileNehicle Sales. The term Flags - Automobile/Vehicle Sales
shall mean a sign constructed of cloth, canvas or another light fabric with or without a
rigid frame intended to be displayed on a regular basis to advertise the business name.
P. Flags -Seasonal. The term Flags -Seasonal shall mean a sign constructed of
cloth, canvas or another light fabric with or without a rigid frame intended to be displayed
for a limited period of time and/or changed on a regular basis to coincide with holidays or
the four seasons of the year.
Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of
Title 8 of the Dublin Municipal Code is hereby amended as follows:
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District
R-1 R-2 DDZD M-P M-1
Sign Type A R-M C-N C-O C-1 C-2 M-2 '
Awning ~ X ZC ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP BP
Coming Soon X X ZC ZC ZC ZC ZC ZC
Community ID X ZC ZC ZC ZC ZC ZC ZC
Electronic X X CUP CUP CUP CUP CUP CUP
Readerboard (PC) (PC) (PC) (PC) ~ (PC)
Flags- Automobile/ X X ZC ZC ZC ZC ZC ZC
Vehicle Sales
Freestanding 20' or ~ X ZC X BP BP BP BP
Less in Height
Freestanding Greater X X X X SDR SDR SDR SDR
than 20' in Height
Grand Opening X X ZC ZC ZC ZC ZC ZC
Identification** ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/
SDR SDR SDR SDR SDR SDR SDR SDR
3 of 7
Master Sign Program SDR X SDR SDR SDR SDR SDR SDR
(ZA) (ZA) (ZA) (ZA) (ZA) ~ (ZA)
Office Building Master X X ZC ZC ZC ZC ZC ZC
ID
Off-Site Residential BP BP BP BP BP BP BP BP
Development
Directional
Off-Site Temporary ~ X ZC ZC ZC ZC ZC ZC
For Sale or Lease
DD°r~ Y[ Y[ Y[ Y[ Y[
Permanent Banner X X X X MSP/ MSP/ MSP/ MSP/
Sign SDR SDR SDR SDR
Projecting Sign ~ X BP BP BP BP BP BP
Service Station X X ZC X ZC ZC ZC ZC
Display Structure
Service Station Price X X ZC X ZC ZC ZC ZC
Sign
Special Easement ~ X ZC ZC ZC ZC ZC ZC
Temporary X ZC*** ZC ZC ZC ZC ZC ZC
Promotional (21 Days)
Tenant Directory X X BP BP BP BP BP BP
Wall ~ X BP BP BP BP BP BP
X X ~ ~ ~ ~ ~
Section 8.84.040.6 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin
Municipal Code is hereby amended as follows:
Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number Height Area per Requirements Restrictions Regulations
No. of Signs Side in
Sq. Ft.
Flags _ See See See Section See Section See Section See Section
Automobile/ Section Section 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F
Vehicle 8.84.050. F 8.84.050. F
Sales
Temporary der Per D°~g Only on site on Per Zoning Maximum of
Promotional Zsn+ng Zoning which Clearance. 21
Section Clearance. Banner business is consecutive
4of7
8.84.050.T Two 2 . signs shall located and calendar days
One (1) on not be larger shall not be per permit; 21
a tenant than 60 located so that consecutive
buildin square feet. the sign is calendar day
frontage higher than the waiting period
and one eave of the between
1 on the structure in permits.
street which the
frontage business is
or two 2 located.
on street
frontages
if more
than one
street
frontage
and signs Temporary
are at Banners for
least 200- Temporary Apartment
Temporary feet apart. Banner for Communities
Promotional Apartment shall be
Banner for One (1) Communities allowed a
Apartment which shall maximum of
Section not exceed 90 days per
8.84.050.T 12 square calendar year
feet. in any time
configuration
desired.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is
hereby amended to add the following:
F. Flags - Automobile/Vehicles Sales. Automobile/Vehicle Sales Flaps are
permitted in those Zoning Districts where Automobile/Vehicle Sales are permitted subject
to approval of a Zoning Clearance. Automobile/Vehicle Sales Flaps are subject to the
following:
1. Automobile/Vehicle Sales Flaps shall be located on the site where the
business being advertised is conducted.
2. The location of Automobile/Vehicle Sales Flaps shall be limited to private
property light poles and shall not extend above the top of the light pole.
3. The number of Automobile/Vehicle Sales Flaps shall be limited to one (1) flag
per light pole, up to one-half of all light poles located on the site.
4. Automobile/Vehicle Sales Flaps shall be limited to a maximum of 20 square
feet and may be single sided or double sided.
5. Automobile/Vehicle Sales Flaps shall have a clearance of eight (8) feet above
the ground and fourteen (14) feet above a driveway, alley or other vehicular
access way. No flag shall project into a public right-of-way.
5 of 7
6. Automobile/Vehicle Sales Flaps shall be maintained in good condition at all
times. Any flap that is faded, torn or otherwise determined by the Community
Development Director to not be in good condition shall be removed upon
request and may be replaced subject to compliance with Section 8.84.050.F.
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted
pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-
one (21) consecutive calendar days per permit when used for special promotional
events or needs. A minimum waiting period of twenty-one (21) consecutive calendar
days between permits is required, with the exception of balloons as defined herein and
temporary banners for apartment communities. A Banner Sign shall not be larger than
60 square feet in size and the sign shall not be located so that the sign is taller than the
eave of the structure in which the business is located. One (1) temporary promotional
sign may be displayed on a tenant's building frontage and one (1) temporary
promotional sign may be displayed on the street frontage. If there is more than one
street frontage, one (1) temporary promotional sign may be displayed on each street
frontage (in lieu of the building frontage), up to two street frontages, if the signs are at
least 200-feet apart.
One (1) temporary banner for apartment communities is permitted pursuant to a Zoning
Clearance and may be placed on site for a maximum of ten (10) consecutive calendar
days per permit when used for special promotional events or needs. A minimum
waiting period of twenty (20) consecutive calendar days between permits is required. In
addition, the duration in which banners may be displayed is limited to a maximum
duration of 90 days per calendar year. A temporary banner sign for apartment
communities shall not be larger than 12 square feet (see Section 8.84.020.6 for
definition of apartment communities).
Any tethered or untethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subject to a permit. All balloons
shall be tethered to the ground only with the bottom of the balloon on the ground and
shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly
or cumulatively shall be issued that allows any temporary promotional signs that
include balloons for more than 21 days per calendar year. Zoning clearance(s) may be
issued for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a
Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly
or cumulatively shall be issued that allows any temporary promotional sign(s) that
include searchlights for more than 21 days per calendar year. Zoning clearance(s) may
be issued for periods less than 15 days.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby
amended as follows:
B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic,
professional or religious organization or seasonal flags.
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CHAPTER 8.108
TEMPORARY USE PERMITS
Section 8.108.020 (Uses Permitted With A Temporary Use Permit) of Title 8 of the
Dublin Municipal Code is hereby amended to add the following:
K. Other Temporary Uses. A temporary land use that is not otherwise defined in
Section 8.108.020 nor determined by the Community Development Director to be
similar to any of the specific uses contained in Section 8.108.020, may be approved as
a temporary use of land subject to the following conditions:
1. The use is temporary in nature and would not exceed 30 calendar days.
2. The use was not established by means of a Temporary Use Permit within the last
six (6) months.
3. The hours of operation are between: gam and 9pm Monday through Friday; gam
and 11 pm Saturday; and, gam and 6pm Sunday. Event set-up may begin no
earlier than Sam. Loudspeakers or amplified music shall be limited to between
10am and 9pm Monday through Saturday.
4. The use would be compatible with the surrounding area and the Zoning District in
which it is located.
5. The use complies with the standard conditions established by the Community
Development Director.
Section 8.108.024 (Minor Use Permit) of Title 8 of the Dublin Municipal Code is hereby
added as follows:
8.108.024 Minor Use Permit. A Minor Use Permit may be applied for to deviate
from a standard for any temporary land use contained in Section 8.108.020.
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~ 100 Civic Plaza Dublin California 94568 Website: http:f/www•dublin.ca.gov
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June 10, 2011
Moe Yousofi & Solaiman Safi
Sahara Market
6783 Dublin Boulevard
Dublin, CA 94568
Brad Sanders
6787 Dublin Boulevard
Dublin, CA 94568
Re: Community Development Director Determination regarding Section 8.76.040.M.2 (Small Tenant
Space) and Interpretation regarding Section 8.40.030.G.6 as they retate to the proposed Sahara
Market Expansion at 6783!6777 Dublin Boulevard
Dear Mr, Yousofi, Mr, Safi and Mr. Sanders: •
In accordance with the provisions of the Dublin Zoning Ordinance the following determination and interpretation
have been made regarding the proposed expansion of Sahara Market;
Background
Sahara Market is located at 6783 Dublin Boulevard within a portion of the Dublin City Center commercial
center, Sahara Market is a retail store that sells groceries and is consistent with the definition for the "Retail-
Genera[" Use Type,
In accordance with Section 8,76,080 (Parking Requirements by Use Type), a "Retai!-General" Use Type
requires 1 parking space far every 300 square feet of gross floor area. Sahara Market occupies a 3,317 square
foot tenant space and requires 11 parking spaces.
Proposed Expansion
Sahara Market is proposing to expand their existing market by 2,400 square feet by adding a new office,
enlarging the existing food preparation area, adding a check out counter and establishing a new seating area
where customers can purchase prepared food for on-site consumption, similar to an "Eating and Drinking
Establishment° Use Type.
!n accordance with Section 8,76,080 (Parking Requirements by Use Type), an "Eating and Drinking
Establishment" Use Type requires 1 parking space for every 100 square feet of floor area accessible to
customers and 1 parking space for every 300 square feet of floor area not accessible to customers, The
Sahara Market expansion is 2,400 square feet and would require 21 parking spaces.
Tenanf Spaces with Multiple Functions
The proposed expansion of Sahara Market includes two Use Types, "Retail-General" and "Eating and Drinking
Establishments, Section 8.76,040,M (Tenant Space with Multiple Functions} sets forth how parking is
determined for a tenant space with multiple functions• A Large Tenant Space is required to be parked for each
Area Code (925) • Cily Manager 833-6650 -City Council, 833-6650 • Personnel 833-66x5 • Economic DeveEopment 833-6650
Finance 833-6640 • Public WorkslEngineering 833-6630 • Parks & Community Services 833-6645 • Police 833-6670
PlanninglCode Enforcement 833-6610 • Building inspec#ion 833-6620 -Fire Preven#ion Bureau 833-6606
Use Type whereas a Small Tenant Space is parked for the primary Use Type only. The Director of Community
Development has the authority to determine whether a tenant space with multiple functions is a Large Tenant
Space ar a Small Tenant Space,
Chapter 8.76 does not provide a lok of guidance in distinguishing between a Large Tenant Space and a Small
Tenant Space; therefore, Chapter 8.40 (Accessory Uses and Structures) was consulted. Section 8.40A30,G
(Permitted Commercial and Industrial Accessory Uses} identifies retail sales as an accessory use to wholesale
sales in Industrial Zoning Districts when the retail sales space is 10% or less of the entire wholesale sales
space,
Interpretafion of an Accessory Use
While Sahara Market is not a wholesale sales business and is not located in an Industrial Zoning District,
Section 8.40-A30.G,6 provides guidance regarding the size or intensity of accessory uses in similar situations.
The Sahara Market expansion is a similar situation in that it is a retail market that would like to establish an
accessory use (a restaurant) which is more intense than the primary use (retail market}, Therefore, the
Community Development Direckor interpreks that an accessory use to the Sahara Market may be up to 10% of
the total tenant space.
Determination as Smalf Tenanf Space
The Community Development Director has determined that the expanded Sahara Market is a Small Tenant
Space, in accordance with Section 8.76.040.M, and shall be parked as a "Retail-General" Use Type at 1
parking space for every 300 square feet of the gross floor area The seating area and combined food
preparation areas are an accessory use and the area of such uses shat[ not exceed 10% of the total square
footage of the entire tenant space. The total square footage of the entire tenant space is 5,517 square feet; a
maximum of 10% of the tenant space, 552 square feet, may therefore be utilized for food preparation and
customer seating as an accessory use to the retail market. As such, fhe entire tenant space would be parked
at 1 parking space for every 300 square feet of building area and would require 18 parking spaces.
If you have any questions please do not hesitate to contact me at (925J 833.6610.
Very Truly Yours,
Jeri am, AICP
Community Development Direckor
Cc: Jeff Baker, Planning Manager
Marnie R. Waffle, Senior Planner
Moe Yousofi, Sahara Market myousafi(a~oimail.com
Salaiman Safi, Sahara Market safisall2(a~yahoo.com
Brad Sanders, farsandl a~7~gmail.cam
Area Code {925) • City Manager 833-66x0 • City Council 833-665D • Personnel 833-6605 • Economic Development 833-6650
Finance 833-6640 • Public Works/Engineering 833-6630 • Parks & Community Services 833-6645 • Police 833-6670
PianninglCode Enforcement 833-6610 • Building Inspection 833-6620 • Fire Prevention Bureau 833-6606
ORDINANCE NO. 21 - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***~***,~***x*
AMENDING CHAPTER 8.10Et (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 Ch<~pter 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 i:o section 8.120.050.6 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 declares
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 k~uilding 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:
Ord. No. 21-10, Adopted 11/2110, Item 4 2 Page 1 of 7
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 rootage of all temporary tents utilized during an Automobile
Dealership Promotional Tent Sale at an auto dealership site at any one time shall be
no more than 2,000 square feet.
4. The location of terporary tents shall be subject to review and approval by the
Planning Division, E3uilding 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. Automobile/Vehicle 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 districts or comparable PD, Planned Development Zoning Districts,
fora 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
Ord. No. 21-10, Adopted 11!2!10.. Item 4 2 Page 2 of 7
the approved storage lot location. A maximum of one temporary use permit shall be
granted per location. F=or the purposes of this subdivision, "location" shall refer to an
address, a parcel, or 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 rc?adway 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 cone-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 praperty, and may not be located in the
public right-of-w<~y.
c) Container must be located on a paved surface.
d) Container may be located in the rear yard.
e} No more than ore container per residential parcel is permitted.
f} Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Gommuni±y Development.
Ord. No. 21-10, Adopted 11!2/10, Item 4.2 Page 3 of 7
3. Construction EquiK>ment Storage Yard. A construction equipment storage yard
includes both storage containers and construction equipment associated with
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 certifiE~d 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. E=ach 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 lase 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 merchandise, 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 are 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 E=vents during a calendar year. A minimum waiting period of 3
consecutive calendar days between Temporary ltse Permits is required. Each outdoor
Sales event by an established business shall be subject to standards established by the
Director of Community Development. R'ev. ®rd. 20-06 (November 2006). Parking lot
sales shall not utilize more than 10% of the required parking for the business.
M. Outdoor Skating Runk. 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.
Ord. No 21-10, Adopted 11/2_/10, Item 4 2 Page 4 of 7
2. Outdoor skating rink shall not utilize more Char, 10% of the required parking for the
business where the outdoor skating rink is located.
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 determinatian 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 sirnilar uses shall also be subject to any provisions applicable to the
specific use contained ire 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 E-nvironmental 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 Conntainer 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 conditia~~s
a. Container must be located on private property, and may not be 6ocated in the public
right-of-way.
b. Container must be located on a paved surface.
c. Container may be located in the rear yard.
d. No more than one container per residential parcel is permitted.
2. Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
R. Temporary Mobile HomefManufactured 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 k>y the Director of Community Development.
Ord. No. 21-10. Adopted 11/2/10, Item 4.2 Page sJ of ~
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 tc 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 evert 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, l=ees 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 limited 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 i~irecto r 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.
Ord. No. 21-10, Adopted 11/2!10.. Item 42 Page 6 of ?
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 BYthe City Council of the City of Dublin on this
2"d day of November 2010, by the following votes:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None ~
V ,U^~-- ,,4,x~~%r-~J~ ,
Mayor
ATTEST:
City Clerk
Ord. No. 21-10, Adopted 11/2/10, Item 4.2 Page 7 of 7
DRAFT DRAFT
Planning Commission Minutes
Tuesday, August 23, 2011
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August 23,
2011, in the City Council Chambers located at 100 Civic Plaza. Chair Brown called the meeting
to order at 7:01:32 PM
Present: Chair Brown; Vice Chair Wehrenberg; Commissioners O'Keefe and Bhuthimethee; Jeff
Baker, Planning Manager; Kit Faubion, City Attorney; Marnie Waffle, Senior Planner; and Taryn
Bozzo, Recording Secretary.
Absent: Commissioner Schaub
ADDITIONS OR REVISIONS TO THE AGENDA -NONE
MINUTES OF PREVIOUS MEETINGS - On a motion by Vice Chair Wehrenberg, seconded by
Cm. Bhuthimethee the minutes of the August 9, 2011 meeting were approved.
ORAL COMMUNICATIONS -NONE
CONSENT CALENDAR -NONE
WRITTEN COMMUNICATIONS -NONE
PUBLIC HEARINGS -
8.1 PLPA-2011-00026 Zoning Ordinance Amendments to Chapter 8.40 (Accessory
Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading
Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use
Permit)
Marnie Waffle, Senior Planner presented the project as outlined in the Staff Report.
Jeff Baker, Planning Manager stated that there is supplemental information for the Planning
Commission in the form of an SB 343 sheet with an email from Brad Sanders, a property owner
in Dublin. He stated that Mr. Sanders provided more information on the dais in the form of
Exhibits to his email for each Commissioner to view.
Vice Chair Wehrenberg asked if Staff has experienced issues with seasonal flags.
Ms. Waffle stated that there have not been issues; however, Staff has experienced an increase
in requests from various shopping centers to display such signage. She stated that the City
does not currently have any provisions that would allow seasonal flags.
Vice Chair Wehrenberg asked if Staff included a display timeframe in the regulations, as far as
how long the seasonal flags may be displayed.
Manning Commission August 23, 2011
1~reguCar SKeeting 106
DRAFT DRAFT
Mr. Baker replied that no specific timeframe was included as the flags are intended to be
seasonal in nature and/or reflect the holidays.
Vice Chair Wehrenberg stated that she would like to consider including a display timeframe as
flags for certain seasons may be displayed prematurely.
Vice Chair Wehrenberg asked if window film with graphics needs to be addressed in the
amendment to Chapter 8.84, Sign Regulations as it is becoming more popular with businesses.
Mr. Baker clarified that the Regulations currently allow 25% window coverage. He stated that
City Council reviewed what the City currently provides for window coverage regulations in June,
2011 and did not make any modifications to the current policy.
Chair Brown confirmed that Vice Chair Wehrenberg wants to consider having a specific display
timeframe for seasonal flags.
Cm. Bhuthimethee asked if the City is regulating the colors of signage, like day-glow or neon
colors, specifically for window coverings.
Ms. Waffle replied no.
Cm. O'Keefe asked, in regards to amending Chapter 8.40, if there was a discussion regarding
what percentage of an existing food preparation area would be allocated towards a new use if a
grocery market wanted to expand and include a seating area.
Ms. Waffle replied that the proposed amendment does not distinguish between new or existing
food preparation areas and includes seating and food preparation areas as a whole.
Mr. Baker confirmed that Staff has not distinguished between existing and new food preparation
areas. He stated that restaurants typically have both seating and food preparation areas and
the intent of the Regulation is to assist in determining parking requirements.
Mr. Baker clarified that if the seating and food preparation areas, combined, occupy less than
10% of the entire tenant space, it would be considered an Accessory Use and not require
additional parking; however, if it occupies more than 10% of the entire tenant space, then the
seating area requires Restaurant use parking at 1 per 100 square feet of seating area, and the
food preparation area requires Retail use parking at 1 per 300 square feet.
Chair Brown confirmed with Ms. Waffle that Temporary Promotional Signs are currently allowed
to be displayed for 21 days then have to be removed for 21 days.
Chair Brown asked if Staff regulates the content of the temporary signs displayed.
Mr. Baker replied no. He clarified that, currently, the Regulations do not restrict the number of
temporary signs a business can have and the intent of the proposed amendment is to limit the
number of temporary signs a business is allowed to display at one time.
Vice Chair Wehrenberg asked if Temporary Promotional Sign applicants have to submit an
example of the signage they are displaying when applying for a permit, specifically referring to
the colors they are using.
Manning Commission August 23, 2011
1~reguCar SKeeting 107
DRAFT DRAFT
Mr. Baker replied that the City does not currently regulate content in colors, specifically. He
clarified that the seasonal flags, as it's currently proposed, would not require a permit as long as
the standards are met. He further clarified that window signs do not currently require a permit.
Chair Brown opened the public hearing.
Bruce Fiedler, Dublin resident, spoke in opposition of the Zoning Ordinance Amendments. Mr.
Fiedler presented materials for the Commission's review such as the minutes from the 1999
Vehicle Dealership Signage Committee meeting; photos of businesses that had what they
consider to be extensive and/or day-glow window signs; a chart that lists the effects he believes
the Amendments would have if adopted; and a 16 square-foot item to show the approximate
maximum size of Temporary Promotional Sign.
Mr. Fiedler stated that, in regards to flags being allowed for Automobile/Vehicle Sales, he feels
there are several other businesses within the City that may want the same option.
Kit Faubion, City Attorney, briefly described the handout given to the Planning Commission by
Mr. Fiedler, stating that the handout appears to have a number of questions that Mr. Fiedler
intends to raise regarding signage; a tally of light posts, plus or minus a few, in the Dublin
Automotive Sales locations; comments on the results of the proposed Ordinance amendments;
and Dublin Non-Auto Sales Businesses which might want more signs.
Mr. Fiedler stated that he feels the City of Dublin will do well to have appropriate regulations of
what sometimes appears to be commercial graffiti. He further stated that, regarding Automotive
Sales, a local Mercedes Benz dealership does not post any flags for advertisement and still
remains successful in their sales.
The Commission reviewed the materials and had no questions.
Jay Fink, Sahara Market, stated that he feels the proposed Amendments should be deferred
until Sahara Market's appeal is settled. He stated that he believes the proposed Amendments
were initiated because of the June 10, 2011 determination letter by the Community
Development Director which is currently on appeal. He further stated that if the Amendments
are adopted, he feels the Commission would not have the benefit of hearing the appeal
arguments as new Regulations would be in effect and he would then have to argue the new
Regulations which is unfair.
Mr. Fink read a prepared statement indicating the proposed Amendments would create more
confusion and less consistency. He stated that the Eating and Drinking Establishments should
not include the food preparation area as it would be difficult to determine what a food
preparation area is, specifically for grocery markets. He further stated that he feels 10% for an
Accessory Use is restrictive and he has found that most cities allow at least 25% for an
Accessory Use.
Vice Chair Wehrenberg clarified that when Sahara Market asked for a continuance at the
August 9, 2011 Planning Commission meeting, they risked these Amendments being adopted
before their appeal was settled.
Manning Commission August 23, 2011
1~reguCar SKeeting 10 g
DRAFT DRAFT
Moe Yousofi, Sahara Market, spoke in opposition to the Zoning Ordinance Amendments. Mr.
Yousofi agreed with Mr. Fink, stating that the proposed Amendments should be deferred until
Sahara Market's appeal is settled. He stated that if the Amendments are adopted, he feels the
food preparation area should be omitted from the requirements.
The Commission had no questions.
Brad Sanders, landlord for Sahara Market, spoke in opposition to the Zoning Ordinance
Amendments. Mr. Sanders agreed that the proposed Amendments should be deferred until
Sahara Market's appeal is settled. He stated that he and the City have agreed to try and work
out the issues regarding the appeal but is upset that he was not notified about the hearing
regarding the Amendments. He further stated that the Amendments were initiated by Sahara
Market's determination letter which had no initial findings, no analysis and no justifications.
Mr. Sanders stated that the 10% requirement for seating and food preparation areas has no
basis of findings. He stated that if the Amendments are adopted, he feels the food preparation
area should be omitted from the requirements.
The Commission had no questions.
Chair Brown closed the public hearing.
Cm. Bhuthimethee asked, regarding amending Chapter 8.84, if colors for signs would be
regulated and why Staff has not included such regulations.
Mr. Baker stated that the City does not currently regulate colors of signs because of certain First
Amendment issues related to the content of signs. He further stated that the Ordinance does
discourage the use of white acrylic panel because of discoloration over time.
Cm. Bhuthimethee asked if the Ordinance could discourage the use of day-glow or neon colors.
Ms. Faubion stated that regulating content and colors of signs can initiate issues with a
business's trademark and the City cannot regulate trademarks. She stated that regulating
content and colors of signs would be difficult to navigate without running into First Amendment
Rights. She further stated that she believes discouraging the white acrylic panel is a glare
issue.
Cm. Bhuthimethee stated that some would argue that day-glow or neon colors would cause a
glare issue as well.
Ms. Waffle clarified that the discouragement of the white acrylic panel refers to background color
for signage and is only discouraged when a sign is illuminated.
Vice Chair Wehrenberg stated that, in response to Mr. Fiedler, the City of Dublin adopted the
Master Sign Program to answer most of his larger questions. She stated that she feels it is a
good thing to include the restrictions being proposed.
Vice Chair Wehrenberg confirmed with Mr. Baker that LCD/LED electronic signs are currently
restricted and only allowed by applying for a Conditional Use Permit. Mr. Baker confirmed that
Manning Commission August 23, 2011
1~reguCar SKeeting 109
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Staff is not currently proposing any amendments to the regulations regarding LCD/LED
electronic signs.
Vice Chair Wehrenberg stated that she takes no issue with the Amendments, except wanting to
have a display timeline for seasonal flags. She clarified that she would look to Staff for direction
on implementing such a timeline.
Vice Chair Wehrenberg stated that, regarding the food preparation area, a restaurant is a type
of use and the food preparation area would be shown on plans in the planning stages; therefore,
it should be included in the Regulations. She stated that some of the documentation provided
by Mr. Sanders did not seem applicable based on the particular City's rules and the project
being referred to. She further stated that she feels there is more discussion that needs to be
had between Staff and the Applicant to ensure that the Applicant understands the process
required to try and work out issues.
Cm. O'Keefe agreed that more discussion needs to be had between Sahara Market and Staff.
He asked if Staff could clarify regarding Mr. Sanders not being notified about the hearing
regarding the Amendments being proposed.
Mr. Baker replied that Mr. Sanders was made aware of the hearing during negotiations that
occurred before the August 9, 2011 Planning Commission meeting. He stated that the City's
ultimate goal is to have Sahara Market open as soon as possible, however, their opening is
being held up by issues that the Property Owner has with the use of his property and how
parking is determined. He clarified that the City is trying to find a global solution that would
resolve the Property Owner's issues and allow Sahara Market to open quickly. Mr. Baker
clarified that the proposed Amendments are part of that solution and the City is working to
streamline the process as much as possible. He stated that this solution and the proposed
Amendments and current Planning Commission meeting were discussed and agreed to with Mr.
Sanders.
Cm. O'Keefe asked why Staff did not provide more clarification in the proposed Amendments
regarding existing food preparation areas versus new food preparation areas.
Mr. Baker replied that the City is trying to create a standard to address parking for a tenant
space that contains more than one use. He stated that a business expanding to include a
restaurant requires seating and food preparation; therefore, more parking is needed to
accommodate the increased demand.
Mr. Baker reiterated that if an Accessory Use has less than 10% occupancy of seating and food
preparation area, the parking would not be affected; however, if that use is more than 10%, it
would not be considered an Accessory Use and the seating area would require 1 parking space
per 100 square feet, similar to a Restaurant, and the food preparation area would require 1
parking space per 300 square feet, similar to Retail.
Cm. O'Keefe stated that he understands an Eating and Drinking Establishment increasing the
intensity use and, therefore, requiring more parking.
Cm. Bhuthimethee stated that she feels there are some establishments where food preparation
areas should be included in the 10% Accessory Use requirement, such as a hardware store
adding a restaurant component; however, it should be different for a use such as a grocery store
Manning Commission August 23, 2011
1~reguCar SKeeting 110
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which would have food preparation areas but no seating. She stated that she does not feel food
preparation areas should be included in the 10%.
Cm. O'Keefe stated that he does not feel food preparation areas should be excluded completely
as sometimes the food preparation area already exists.
Vice Chair Wehrenberg stated that a food preparation area is an element that every restaurant
has, therefore it needs to be included. She stated that she feels it would add more confusion in
the future if it was not included. She clarified that the component of a use changes when
seating is added. She stated that once a seating area is added, the parking ratio gets adjusted
because you are allowing for more customers.
Chair Brown stated that he finds the Amendments to bring more clarity and consistency to the
existing Regulations. He stated that he feels it addresses the needs of the community and
would like to see Sahara Market open quickly and prove successful. He further stated that he
believes the Amendments help to promote and satisfy the ultimate solution for Sahara Market as
well as provide solutions for future businesses.
Chair Brown stated that he did not feel any changes needed to be made to the Amendments
aside from Vice Chair Wehrenberg's request for a display timeline for seasonal flags
Mr. Baker stated that, as proposed, seasonal flags would be exempt from permitting. He stated
that if the Commission wished to regulate a display timeframe, Staff would recommend that the
seasonal flags be subject to something similar of a Temporary Promotional Sign permit to
ensure that Staff is aware of the display and how long it is displayed.
Vice Chair Wehrenberg stated that she does not wish to make the process more difficult for
businesses and is willing to strike the request for a display timeline.
Chair Brown concurred with Vice Chair Wehrenberg.
On a motion by Vice Chair Wehrenberg and seconded by Cm. O'Keefe, on a vote of 4-0-1, with
Cm. Schaub being absent, the Planning Commission unanimously adopted
RESOLUTION NO. 11-23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO
CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76
(OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN
REGULATIONS), AND CHAPTER 8.108 (TEMPORARY USE PERMIT)
OF THE ZONING ORDINANCE
CITY-WIDE
PLPA-2011-00026
Manning Commission August 23, 2011
1~reguCar SKeeting 111
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8.2 PLPA-2011-00020, All American Label Site Development Review fora 4,456 square foot
addition to an existing 23,994 square foot building at 6958 Sierra Court
Jeff Baker, Planning Manager, presented the project as outlined in the Staff Report.
Vice Chair Wehrenberg asked what the storage area is being used for and if there is any risk
that may require it to be reviewed by the Fire Department.
Mr. Baker replied that he feels the Applicant may be better suited to address that question. He
stated that Court Order currently states that the storage area is not to be used while litigation is
ongoing.
Cm. O'Keefe asked if there are any sites in the Industrial (M-1) zoning area that currently
exceed the Floor Area Ratio (FAR).
Mr. Baker replied yes, stating that many of the buildings on Sierra Court were built before the
City was incorporated or before the 1992 General Plan Amendment which established the
minimum and maximum FAR. He stated that there are potentially buildings that exceed the
maximum 40% FAR and they are considered Legal, Non-Conforming.
Cm. O'Keefe asked what the current day, negative impacts would be of existing buildings
exceeding the 40% FAR.
Mr. Baker replied that those buildings would allow for greater density and intensity of use than
what is envisioned by the Community.
Chair Brown opened the public hearing.
Guy Houston, representing All American Label, spoke in favor of the Applicant. He stated that
the issue regarding Emergency Vehicle Access (EVA) has been addressed and a plan for
access has been submitted. He further stated that the Applicant considers this issue closed.
Mr. Houston stated that the Applicant's request is not in violation of the General Plan. He stated
that the 1985 General Plan did not mandate a 40% FAR and was descriptive but not mandatory
in nature. He further stated that the General Plan policy in 1992 remained unchanged, stating
that, "the changes do not affect the policy direction of the Plan and remains as in 1985."
Mr. Houston stated that the intent of the City Council in 1992 was clear and no changes in the
descriptive nature were made, therefore the 40% FAR is not mandatory.
Mr. Houston stated there are currently 17 buildings on Sierra Court that exceed the 40% FAR.
He stated that Legal, Non-Conforming use affects a building's use, property values, saleability,
and financing capabilities.
The Commission had no questions.
Brad Brown, Applicant, stated that the storage space would be used solely for storage and
would not be used to store machinery of any kind. He stated that the only way to increase his
business and continue as a viable manufacturer is to have the extra storage space, exceeding
Manning Commission August 23, 2011
1~reguCar SKeeting 112
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the current FAR. He stated that he wishes to keep his business located in Dublin and will do
what he needs to work successfully with Staff.
Vice Chair Wehrenberg asked Mr. Brown if he was the original applicant for the unenclosed
storage area SDR/CUP in 2008.
Mr. Brown replied yes.
Vice Chair Wehrenberg asked why the storage area was not built as approved by the Planning
Commission in November, 2008.
Mr. Brown replied that it was a bad decision to move forward with an enclosed storage area. He
stated that his business cannot survive without the current storage area and additional FAR.
Jeff Main, owner of 6955 Sierra Court, spoke in support of the Applicant. Mr. Main stated that
his building exceeds the FAR because it was established 31 years ago and he could not be
successful without the extra space. He stated that All American Label provides business and
money for the City and as long as the storage area is built correctly and safely, it should be able
to remain as-is.
The Commission had no questions.
Steve Popelar, Dublin resident and owner of 6700 Sierra Lane, spoke in favor of the Applicant.
Mr. Popelar stated that All American Label is vital for the success of his own company, Label
Concepts. He stated that without All American Label, businesses will suffer and the effect on
other Dublin businesses is something the Commission should consider.
The Commission had no questions.
Chair Brown closed the public hearing.
Cm. O'Keefe asked how many times the issue of exceeding FAR has come before the Planning
Commission.
Vice Chair Wehrenberg stated that the Commission has seen the issue in the past but it usually
addresses housing developments, such as a resident wanting to add a canopy or shade
structure.
Mr. Baker stated that it is not unheard of for someone to want to expand their building but find
that they cannot exceed the FAR; however it is not typically in a situation such as All American
Label's.
Chair Brown opened the public hearing.
Mr. Houston agreed that it is unlikely for someone to build something and then come back for
approval; however, in East Dublin the FAR requirement was changed to 50% which caused the
lower FAR, such as in Industrial (M-1) zoning districts, to be inadequate.
Chair Brown closed the public hearing.
Manning Commission August 23, 2011
1~reguCar SKeeting 113
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Cm. O'Keefe stated that he understand the spirit of the original General Plan and agrees that
there has to be regulation for FAR; however, manufacturing is very different today than it was in
1985 and 1992, and there are existing buildings exceeding the 40% FAR. He stated that the
Applicant is not proposing to be the largest exceeder of FAR and the storage area they have
built will allow them to be more competitive in their industry.
Mr. Baker clarified that the question before the Commission is do they find the project to be
consistent with the General Plan, do they agree that the General Plan has a maximum FAR and
does the project exceed the standard that is in the General Plan.
Cm. O'Keefe stated that the General Plan is descriptive in stating that the 40% FAR is not
mandatory, therefore he finds that the Commission could find the project to be consistent with
the General Plan.
Vice Chair Wehrenberg asked if a decision in the pending lawsuit would overrule any
determination made by the Commission. She asked why there is a difference in FAR between
East and West Dublin.
Ms. Faubion stated that the pending lawsuit is based on the Code Enforcement issue which is
separate from the General Plan conformance determination being considered by the
Commission.
Mr. Baker clarified that that the maximum FAR for Industrial zoning districts in East Dublin is
35%. He further clarified that although the Applicant has submitted plans regarding the
Emergency Vehicle Access, they have yet to be reviewed and approved by Staff.
Cm. Bhuthimethee stated that she is in support of many businesses on Sierra Court and
appreciates the comments regarding the FAR. She stated that the City has a General Plan that
creates general regulations for a reason. She further stated that if those plans and regulations
are not followed, bad consequences can arise.
Cm. Bhuthimethee agreed with Staff's recommendations.
Chair Brown stated that existing businesses are very valuable and the City encourages them to
grow; however, they are still required to adhere to the law which, in this case, states that the
maximum FAR is 40%. He stated that he agrees that the maximum FAR of 40% may not be
high enough; however, that can be considered for amendment at another time.
Ms. Faubion clarified the language of mandatory versus descriptive, stating that the General
Plan statute does require that there be standards of building intensity and the General Plan was
required to have those standards in 1992 with language that is similar to the language that
exists today. She stated that to prevent concerns regarding the General Plan, the Commission
would want to recognize that building intensity is a mandatory element and it is present in the
General Plan.
Cm. O'Keefe stated that regardless, buildings exceeding 40% FAR still exist.
Cm. Bhuthimethee replied that those buildings were grandfathered in because they were
established before the 40% maximum FAR was implemented.
Manning Commission August 23, 2011
1~reguCar SKeeting 1 14
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Vice Chair Wehrenberg agreed with Cm. Bhuthimethee stating that unless those businesses
exceeding 40% FAR come to the City needing a revision to their area, then the current
maximum would be considered when reviewing the project.
Mr. Baker clarified that the City does currently require a General Plan Amendment for any
business that wants to exceed the 40% FAR.
Vice Chair Wehrenberg agreed with Cm. Bhuthimethee in regards to the General Plan being put
into place for a reason. She believes the General Plan is sufficient in its description and clarified
that there is a process in place to amend the FAR if needed.
On a motion by Cm. Bhuthimethee and seconded by Vice Chair Wehrenberg, on a vote of 3-1-1,
with Cm. Schaub being absent, the Planning Commission adopted:
RESOLUTION NO. 11- 24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING SITE DEVELOPMENT REVIEW FORA 4,456 SQUARE FOOT ADDITION TO AN
EXISTING 23,994 SQUARE FOOT BUILDING AT 6958 SIERRA COURT
PLPA 2011-00020 (APN 941-2576-006)
Mr. Baker reminded the Applicant that there is a ten-day appeal period.
NEW OR UNFINISHED BUSINESS -
Mr. Baker advised the Commission that a new Assistant Planner, Seth Adams, was hired and
will start on Monday, August 29, 2011.
Mr. Baker confirmed with the Commission that there are currently no agenda items for the
September 13, 2011 meeting so the next Planning Commission meeting is scheduled for
September 27, 2011.
OTHER BUSINESS -NONE
10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff,
including Committee Reports and Reports by the Planning Commission related to
meetings attended at City Expense (AB 1234).
Manning Commission August 23, 2011
1~reguCar SKeeting 1 1$
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ADJOURNMENT -The meeting was adjourned at 8:50:02 PM p.m.
Respectfully submitted,
Alan Brown
Chair Planning Commission
ATTEST:
Jeff Baker
Planning Manager
G:IMINUTES120111PLANNING COMMISSION108.23.11 DRAFT PC Minutes.doc
Manning Commission August 23, 2011
1~reguCar SKeeting 116
RESOLUTION NO. 11-23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO
CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76
(OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN
REGULATIONS), AND CHAPTER 8.108 (TEMPORARY USE PERMIT)
OF THE ZONING ORDINANCE
CITY-WIDE
PLPA-2011-00026
WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater
clarity and consistency to existing regulations; and
WHEREAS, amendments are proposed to Chapter 8.40 (Accessory Structures and Uses
Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail
sales; and
WHEREAS, amendments are proposed to Chapter 8.76 (Off-Street Parking and Loading
Regulations) as it relates to tenant spaces with multiple functions and parking requirements for
other Indoor Recreational Facilities not specifically listed in Section 8.76.080. D; and
WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates
to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin
Zoning District; and
WHEREAS, amendments are proposed to Chapter 8.108 (Temporary Use Permit) as it
relates to other temporary land uses not specifically defined and deviating from established
development standards; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Ordinance
be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3)
states that CEQA applies only to those projects that have the potential to cause a significant
effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately;
and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending City Council approval of the proposed Zoning Ordinance Amendments; and
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WHEREAS, the Planning Commission held a public hearing on said application on
August 23, 2011; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission, for the
reasons discussed in the staff report and based on the findings in the attached draft Ordinance,
recommends that the City Council adopt the Ordinance attached as Exhibit A and incorporated
herein by reference.
PASSED, APPROVED AND ADOPTED this 23rd day of August 2011 by the following vote:
AYES: Brown, Wehrenberg, Bhuthimethee, O'Keefe
NOES:
ABSENT: Schaub
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11PC Reso.doc
2of2
ORDINANCE NO. xx - 11
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS),
CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76
(OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN
REGULATIONS) AND CHAPTER 8.108 (TEMPORARY USE PERMIT)
OF THE ZONING ORDINANCE
CITY-WIDE
PLPA-2011-00026
WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater
clarity and consistency to existing regulations; and
WHEREAS, amendments are proposed to Chapter 8.40 (Accessory Structures and Uses
Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail
sales; and
WHEREAS, amendments are proposed to Chapter 8.76 (Off-Street Parking and Loading
Regulations) as it relates to tenant spaces with multiple functions and parking requirements for
other Indoor Recreational Facilities not specifically listed in Section 8.76.080. D; and
WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates
to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin
Zoning District; and
WHEREAS, amendments are proposed to Chapter 8.108 (Temporary Use Permit) as it
relates to other temporary land uses not specifically defined and deviating from established
development standards; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this
project on August 23, 2011 and adopted Resolution 11- recommending that the City Council
adopt an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations),
Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations)
and Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on ,
2011; and
WHEREAS, pursuant to section 8.120.050.6 of the Dublin Municipal Code, the City
Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General
Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans
include policies which support the development of commercial uses and the proposed Zoning
Ordinance Amendments facilitate commercial development by bringing greater clarity and
consistency to existing commercial regulations related to accessory uses, parking, signage and
temporary land uses; and
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WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
SECTION 1.
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of this Ordinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately.
SECTION 2.
Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) of Title 8 of the
Dublin Municipal Code is hereby amended to add the following:
8. Eating and Drinking Establishments. An Eating and Drinking Establishment
incidental to retail sales in Commercial Zoning Districts where the Eating and
Drinking Establishment, including food preparation areas and seating areas, is
10% or less of the entire tenant space.
SECTION 3.
Section 8.76.040.M (Tenant Space With Multiple Functions) of Title 8 of the Dublin Municipal
Code is hereby amended as follows:
M. Tenant Space With Multiple Functions. When a tenant space contains several
Use Types, the amount of parking to be provided shall be the total of that required
by Section 8.76.080 for each Use Type, except as otherwise provided by Section
8.76.050 (Adjustment to the Number of Parking Spaces), and except as follows:
1. When a tenant space contains several Use Types for the exclusive use of
those engaged in the primary use and not otherwise available to the general
public, the amount of parking to be provided shall be the total of that required
by Section 8.76.080 for the primary Use Type.
2. When a tenant space contains permitted accessory uses pursuant to Section
8.40.030 (Accessory Uses), additional parking shall not be required.
SECTION 4.
Section 8.76.040.M.1 (Large tenant space) and Section 8.76.040.M.2 (Small tenant space) of
Title 8 of the Dublin Municipal Code are hereby deleted.
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SECTION 5.
Section 8.76.080.D (Commercial Use Types), Recreational Facility/Indoor, Other of Title 8 of the
Dublin Municipal Code is hereby amended as follows:
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Recreational Facility/Indoor
Other Per MUP
All other parking requirements for Recreational Facility/Indoor as shown in Section 8.76.080.D
shall remain.
SECTION 6.
The following new definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the
Dublin Municipal Code to read as follows:
O. Flags - Automobile/Vehicle Sales. The term Flags - Automobile/Vehicle Sales
shall mean a sign constructed of cloth, canvas or another light fabric with or
without a rigid frame intended to be displayed on a regular basis to advertise the
business name.
P. Flags -Seasonal. The term Flags -Seasonal shall mean a sign constructed of
cloth, canvas or another light fabric with or without a rigid frame intended to be
displayed for a limited period of time and/or changed on a regular basis to coincide
with holidays or the four seasons of the year.
The remainder of Section 8.84.020 (Definitions) shall be re-lettered accordingly.
SECTION 7.
Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of
the Dublin Municipal Code is hereby amended to add the Downtown Dublin Zoning District
(DDZD), to add the Sign Type "Flags-Automobile/Vehicle Sales", and to remove Sign Types
"Open House" and "Window". Matrix A shall read as follows:
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District
R-1 R-2 DDZD M-P M-1
Sign Type A R-M C-N C-O C-1 C-2 M-2 '
Awning ~ X ZC ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP BP
Coming Soon X X ZC ZC ZC ZC ZC ZC
Community ID X ZC ZC ZC ZC ZC ZC ZC
3 of 8
Electronic Readerboard X X CUP CUP CUP CUP CUP CUP
(PC) (PC) (PC) (PC) (PC) (PC)
Flags- Automobile/Vehicle X X ZC ZC ZC ZC ZC ZC
Sales
Freestanding 20' or Less in ~ X ZC X BP BP BP BP
Height
Freestanding Greater than 20' X X X X SDR SDR SDR SDR
in Height
Grand Opening X X ZC ZC ZC ZC ZC ZC
Identification** ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/
SDR SDR SDR SDR SDR SDR SDR SDR
Master Sign Program SDR X SDR SDR SDR SDR SDR SDR
(ZA) (ZA) (ZA) (ZA) (ZA) (ZA) (ZA)
Office Building Master ID X X ZC ZC ZC ZC ZC ZC
Off-Site Residential BP BP BP BP BP BP BP BP
Development Directional
Off-Site Temporary For Sale ~ X ZC ZC ZC ZC ZC ZC
or Lease
Permanent Banner Sign X X X X MSP/ MSP/ MSP/ MSP/
SDR SDR SDR SDR
Projecting Sign ~ X BP BP BP BP BP BP
Service Station Display X X ZC X ZC ZC ZC ZC
Structure
Service Station Price Sign X X ZC X ZC ZC ZC ZC
Special Easement ~ X ZC ZC ZC ZC ZC ZC
Temporary Promotional (21 X ZC*** ZC ZC ZC ZC ZC ZC
Days)
Tenant Directory X X BP BP BP BP BP BP
Wall ~ X BP BP BP BP BP BP
SECTION 8.
Section 8.84.040.6 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended to add Sign Type "Flags-Automobile/Vehicle Sales" and to amend
Sign Type "Temporary Promotional" as follows:
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Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number of Height Area per Requirements Restrictions Regulations
No. Signs Side in
Sq. Ft.
Flags - See Section See Section See Section See Section See Section See Section
Automobile/ 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F
Vehicle
Sales
Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of 21
Promotional Clearance. shall not be which business is Clearance. consecutive
Section One (1) on a larger than located and shall calendar days
8.84.050.S tenant building 60 square not be located so per permit; 21
frontage and feet. that the sign is consecutive
one (1) on the higher than the calendar day
street eave of the waiting period
frontage. If structure in which between
more than one the business is permits.
street located.
frontage, one
(1) sign may
be displayed
on each street
frontage, up to
two street
frontages, if
the signs are
at least 200-
feet apart.
Temporary One (1) Temporary Temporary
Promotional Banner for Banners for
Banner for Apartment Apartment
Apartment Communities Communities
Section which shall shall be
8.84.050.S not exceed allowed a
12 square maximum of 90
feet. days per
calendar year
in any time
configuration
desired.
All other provisions contained in Matrix B shall remain and all Section references shall be re-
lettered accordingly to refer to corresponding signs in Section 8.84.050 (Signs Subject to
Permits).
SECTION 9.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby
amended to add the following:
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F. Flags - Automobile/Vehicles Sales. Automobile/Vehicle Sales Flags are
permitted in those Zoning Districts where Automobile/Vehicle Sales are permitted
subject to approval of a Zoning Clearance. Automobile/Vehicle Sales Flags are
subject to the following:
1. Automobile/Vehicle Sales Flags shall be located on the site where the business
being advertised is conducted.
2. The location of Automobile/Vehicle Sales Flags shall be limited to private
property light poles and shall not extend above the top of the light pole.
3. The number of Automobile/Vehicle Sales Flags shall be limited to one (1) flag
per light pole, up to one-half of all light poles located on the site.
4. Automobile/Vehicle Sales Flags shall be limited to a maximum of 20 square
feet and may be single sided or double sided.
5. Automobile/Vehicle Sales Flags shall have a clearance of eight (8) feet above
the ground and fourteen (14) feet above a driveway, alley or other vehicular
access way. No flag shall project into a public right-of-way.
6. Automobile/Vehicle Sales Flags shall be maintained in good condition at all
times. Any flag that is faded, torn or otherwise determined by the Community
Development Director to not be in good condition shall be removed upon
request and may be replaced subject to compliance with Section 8.84.050.F.
The remainder of Section 8.84.050 (Signs Subject to Permits) shall be re-lettered accordingly.
SECTION 10.
Section 8.84.050.S (Temporary Promotional Signs) of Title 8 of the Dublin Municipal Code is
hereby amended as follows:
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs
permitted pursuant to a Zoning Clearance and may be placed on site for a
maximum of twenty-one (21) consecutive calendar days per permit when used for
special promotional events or needs. A minimum waiting period of twenty-one (21)
consecutive calendar days between permits is required, with the exception of
balloons as defined herein and temporary banners for apartment communities. A
Banner Sign shall not be larger than 60 square feet in size and the sign shall not
be located so that the sign is taller than the eave of the structure in which the
business is located. One (1) temporary promotional sign may be displayed on a
tenant's building frontage and one (1) temporary promotional sign may be
displayed on the street frontage. If there is more than one street frontage, one (1)
temporary promotional sign may be displayed on each street frontage (in lieu of
the building frontage), up to two street frontages, if the signs are at least 200-feet
apart.
One (1) temporary banner for apartment communities is permitted pursuant to a
Zoning Clearance and may be placed on site fora maximum of ten (10)
consecutive calendar days per permit when used for special promotional events or
needs. A minimum waiting period of twenty (20) consecutive calendar days
between permits is required. In addition, the duration in which banners may be
displayed is limited to a maximum duration of 90 days per calendar year. A
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temporary banner sign for apartment communities shall not be larger than 12
square feet (see Section 8.84.020.6 for definition of apartment communities).
Any tethered or untethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subject to a permit. All
balloons shall be tethered to the ground only with the bottom of the balloon on the
ground and shall not be permitted to be attached to any structure or vehicle. No
permit(s) singularly or cumulatively shall be issued that allows any temporary
promotional signs that include balloons for more than 21 days per calendar year.
Zoning clearance(s) may be issued for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a
Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s)
singularly or cumulatively shall be issued that allows any temporary promotional
sign(s) that include searchlights for more than 21 days per calendar year. Zoning
clearance(s) may be issued for periods less than 15 days.
SECTION 11.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as
follows:
B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic,
professional or religious organization or seasonal flags.
SECTION 12.
Section 8.108.020 (Uses Permitted With A Temporary Use Permit) of Title 8 of the Dublin
Municipal Code is hereby amended to add the following:
K. Other Temporary Uses. A temporary land use that is not otherwise defined in
Section 8.108.020 nor determined by the Community Development Director to be
similar to any of the specific uses contained in Section 8.108.020, may be
approved as a temporary use of land subject to the following conditions:
1. The use is temporary in nature and would not exceed 30 calendar days.
2. The use was not established by means of a Temporary Use Permit within the
last six (6) months.
3. The hours of operation are between: gam and 9pm Monday through Friday;
gam and 11 pm Saturday; and, gam and 6pm Sunday. Event set-up may begin
no earlier than Sam. Loudspeakers or amplified music shall be limited to
between 10am and 9pm Monday through Saturday.
4. The use would be compatible with the surrounding area and the Zoning District
in which it is located.
5. The use complies with the standard conditions established by the Community
Development Director.
The remainder of Section 8.108.020 (Uses Permitted With A Temporary Use Permit) to be re-
lettered accordingly.
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Section 13.
Section 8.108.024 (Minor Use Permit) of Title 8 of the Dublin Municipal Code is hereby added
as follows:
8.108.024 Minor Use Permit. A Minor Use Permit may be applied for to deviate from a
standard for any temporary land use contained in Section 8.108.020.
Section 14. Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
day of , 2011, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11CC Ord ZOA Update 1.doc
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B##fICE FliwpLl=1Z
September 20, 2U11 ~S'~~ ~s~~
BubNn City Gauncil ~~',r
Une Clv{c Center
Cubiin, CA 845BS ~Q~~
Dear Mayor 8bwanti and Council Members; ,
f~
More #han a dozen years ago, City staff coordinated the work a€ a community
taskforce looking Into ways to
improve the appearance and reputation of Iaublln (then sometimes referred to as the "mat#rass and muffler
center" of the Valley} by reviewing and revising the sign ordinance, At that #ime strings of pennants, large or
rttuit{pie balloons, and roof-mounted (3odxillas ware prahibitod, and nary-conforrtting signs artd those with
visible supports became subject to summary remavaf. The review was not ready comprehensive, buk Mayor
Houston indicated that if there vsrere future problems, this item could be rovisited.
But in the interim It became the practice to enforce these parts of our loam laws only if there was a
complaint. And many businesses which had received spprovai for the{r sign programs added nan-
canfarnting slgnage, often inthe form of window paint and paper ar fabric banners. The result of these
practices seems to have been a return to the ca~ival a#masphare that caused Lublin to be considered to be
a second class city. And cacti and every week, {see that homes M Dublin are valued at $1Di),Oi]0 to ~1bD,00D
less than similar houses just across the road in pfeasantan (see tho week's horns sates numbers in iha
Valley Timesy<
I have lived here for 2S years. 1 believe that i]ublin is equal ar superior to our neighbors in many ways. But
that is net necessarily the pubtlc porGaptinn as re#lectgtf in hom8 price and desirability of our carnmunity. 1
believe thaE part of that perception derives from the lack of adequato regulation of signs pieced an fences, .
light poles, and afore windows and wails.
After 1 sent same plc#ures to you demonstrating the ex#ent of the problem, thero was some increased
enforcement relating to temporary sales promotion banners. But the elephant in the room, years-tong
vlofations of mul#lp{e signs on light posts at some businesses, was net addressed.
Then, I learned that the Planning Commission was #a consider same changes. When I went to the meeting,l
discovered that auto dealers had previously been invited to give their blessing to a proposal which would
make their ilfegai signs legal. This looks like legJslatian writ#en by and #ar one special interest. And it would
enshrine permission for about 184 additional signs as big as the front door to your home afi throughout the
city.
I do believe iha# it is important far the public to be obis to find a local business, especially during the first
months in a iscation. In the case of local auto dealers, some have been in place foryears and have thirty or
forty foot tall signs by the freeway and extensive lighted signage on large buildings set within acres of
merchandise displayed outdoors. l'eaple know it is an auto dealership; na one can confuse itwlth a dental
office or drug store. And in regard to the pa#entia{ 184 signs nn au#daor light pales, one needs to already be
at that dealersh{p to read ail those adds#ianal signs.
I have encased copies of several past letters to your Council and to the Planning Commission, And I believe
you should postpone action an the lates# recommendations of the planning staff pending a more complete
review of why publin has sign regulations and who we seek #a accomplish by having such reguia#ion In the
first place.
The taskforce that met in the past d€d good work. f3ut the world has changed ovor iha past decade and this
issue should be revisited with an eye to iha needs of all varieties of businesses, the effect err hams values
throughout the comrnunlty, and the perception of !]ublin in the view of the molder public. I would be pleased
to meet with you or your staff regarding this Issue and am available to participate again on a taskfarce
representing the whale spectrum interests in the community.
5inceref ,
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