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Home My WebLink AboutPC Reso 23-04 PLPA-2023-00017 Real Estate Directional Signs Reso. No. 23-04, Item 6.1, Page 1 of 2 RESOLUTION NO. 23-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DUBLIN MUNICIPAL CODE SECTION 8.84.140.I (REAL ESTATE DIRECTIONAL SIGN) EFFECTIVE CITY-WIDE PLPA-2023-00017 WHEREAS, Staff initiated amendments to the Dublin Municipal Code to clarify, add or amend certain provisions to ensure that the Dublin Municipal Code complies with State law and remains internally consistent, and relevant to changes occurring in the community; and WHEREAS, the amendments proposed to Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Sign) are consistent with California Civil Code Section 713 and 712; and WHEREAS, the proposed amendments will increase the number of real estate directional signs allowed, modify the allowable sidewalk clearance in conformance with the Building Code, and clarify the City’s enforcement authority; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Planning Commission recommends that the City Council find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to the Dublin Municipal Code will not have a significant effect on the environment; and WHEREAS, the Planning Commission held a public hearing on the proposed Zoning Ordinance Amendment on July 11, 2023; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report dated July 11, 2023 was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendment; 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. WHEREAS, the Planning Commission recommended City Council add a provision to allow eight (8) signs at major intersections and four (4) signs at residential intersections; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. Reso. No. 23-04, Item 6.1, Adopted 07/11/2023 Page 2 of 2 BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 11th day of July 2023, by the following vote: AYES: Aini, Grier, Tyler NOES: Thalblum, Wright ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 3 ORDINANCE NO. XX-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE SECTION 8.84.140.I (REAL ESTATE DIRECTIONAL SIGNS) EFFECTIVE CITY-WIDE PLPA-2023-00017 The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community. B. The City has initiated amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Dublin Municipal Code complies with State law and remains internally consistent and relevant to changes occurring in the community. C. The proposed amendments are consistent with California Civil Code Section 713 and 712. D. The proposed Zoning Ordinance Amendments include modifications to Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Signs) to increase the number of real estate directional signs allowed, modify the allowable sidewalk clearance in conformance with the Building Code, and clarify the City’s enforcement authority. E. The Planning Commission held a duly noticed public hearing on July 11, 2023, during which all interested persons were heard, and adopted Resolution No. 23-XX recommending City Council adoption of the proposed Zoning Ordinance Amendments. F. A Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments. G. The City Council held a public hearing on the proposed Zoning Ordinance Amendments on ______, at which time all interested parties had the opportunity to be heard. H. Proper notice of said hearing was given in all respects as required by law. I. The City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. SECTION 2. FINDINGS Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the General Plan and Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 3 any applicable Specific Plan in that the amendments are necessary to comply with federal and state laws and are consistent with applicable land use regulations and development policies. Specifically, General Plan Implementation Measure 10.7.4.A calls for an “update the City’s Sign Ordinance.” A. SECTION 3. A. The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council hereby finds the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. SECTION 4. A. The Dublin Municipal Code is amended as follows: Section 8.84.140.I (Real Estate Directional Signs) of Title 8 of the Dublin Municipal Code is hereby amended to modify subsections 1, 2, and 9 to read as follows: 1. Be limited to a maximum of six (6) open house signs for each property being advertised for sale. 2. Not be located within the public right-of-way where such signs endanger the safety of persons or property, disrupt the normal flow of vehicle or pedestrian traffic, block views of such traffic, block ingress into or egress from any residence or place of business, or restrict a sidewalk width to less than thirty-six (36) inches. Notwithstanding the above, signs may be placed in a landscaping strip between the roadway and the sidewalk. Signs are not allowed in medians. 9. Be subject to the City’s authority to issue fines and to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove and enforce open house signs in violation of Section 8.84.140 I. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited. SECTION 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. SECTION 6. Severability. The provision 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 circumstance, 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. Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 3 of 3 SECTION 7. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this __th day of _______ 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk