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HomeMy WebLinkAboutItem 8.5 PA 91-067 Dublin Municipal Ordinance Amendment Management AuditCITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: December 2, 1991 TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: PROJECT: APPLICANT: Planning Commission Planning Staff Maureen O'Halloran, Senior Planner PA 91-067 Dublin Municipal Ordinance Amendment Management Audit Ordinance Amendment related to the Administrative Conditional Use Permit, Conditional Use Permit and Site Development Review process and establishing a Zoning Clearance Process City of Dublin 100 Civic Plaza Dublin, CA LOCATION: Citywide ENVIRONMENTAL REVIEW: A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines. The proposed project will not have a significant effect on the environment. NOTIFICATION: Public Notice of the December 2, 1991, public hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. BACKGROUND: In July 1989, Hughes, Heiss & Associates completed a Management Audit of the Planning Department which reviewed, analyzed, and provided recommendation on various aspects of the Planning Department including the Planning Department's organization and staffing, and the processing of current planning applications. On September 7, 1989 and September 17, 1989, the City Council held joint sessions with the Planning Commission and Staff to discuss the Management Audit and recommendations. /91067SR2 ITEM NO. 'S Copy to: PA File PAGE / OF At the September 7, 1989, City Council meeting, three of the Council -directed items relate to Ordinance Amendments: 1) provide examples of Conditional Uses which could be approved by the Zoning Administrator, 2) provide a list of Administrative Conditional Use Permit type uses (this was in reference to the Management Audit recommendation regarding "over the counter" staff approval) which could be approved through a Zoning Clearance process, and 3) provide Specific Conditions of Standard Criteria for Zoning Clearance items. At the September 17, 1989, City Council meeting, the Ordinance -related Council direction included: 1) the City Council's concurrence with the Management Audit to allow Staff to approve parcel maps, and 2) give Staff authority to act on minor amendments to Planning Applications (i.e., previously approved Planning permits). In response to the Management Audit recommendations and the City Council direction received at the September 7, 1989, and September 17, 1989, City Council meetings, Staff prepared a Draft Ordinance amending portions of the Zoning Ordinance and the Administrative and Personnel chapter of the Dublin Municipal Code. On September 16, 1991, and November 4, 1991, the Planning Commission held study sessions on the Draft Ordinance Amendment. At the November 4th Planning Commission Study Session, the Planning Commission discussed the lack of an appeal process within the proposed Zoning Clearance process and the proposed types of uses subject to Planning Commission approval and Zoning Administrator approval. It was the consensus of the Commission that daycare/preschool/nursery school uses should be subject to Planning Commission approval in order to provide Public Hearing in the evening hours when working parents would be more likely to be able to attend. This change has been incorporated into the Draft Ordinance Amendment. ANALYSIS: Exhibit A is the Draft Ordinance amending provisions of the Municipal Code related to the Administrative Conditional Use Permit process, Conditional Use Permit process, and the Site Development Review process. In summary, the major amendments include: - 2 PAGE OF 1) Amendment to the Commercial and Light Industrial Districts in the City by dividing Conditional Uses into those uses subject to Planning Commission approval and those uses subject to Zoning Administrator approval. In the proposed amendment a Public Hearing is still required regardless of whether the Planning Commission takes action or the Zoning Administrator takes action. Uses subject to Planning Commission approval are typically higher exposure/impact uses than the more minor type uses subject to Zoning Administrator approval (see Attachment 1). 2 3 4 Amendment to the Temporary Uses/Administrative Conditional Use Permit and procedure provisions of the Municipal Code by establishing a new planning process, "Zoning Clearance". The Zoning Clearance process is intended to create a process to allow Staff to review and take action on certain "routine" temporary use requests such as 30-day temporary promotional signs, Christmas tree lots and off -site sale or lease signs (see Attachment 2). Staff anticipates that action on a request for a Zoning Clearance could essentially take place over the counter or within a day or two, provided the request is in compliance with the City's Standard Requirements for a particular temporary use. The Standard Requirements will be subject to Planning Commission Review and approval prior to implementation. If an Applicant is not satisfied with a planner's interpretation of the Standard Requirements, the Current Planning Senior Planner, or the Planning Director will interpret the requirements. Amendment to the City's Sign Ordinance dividing the signs requiring Conditional Use Permit approval into those signs subject to Planning Commission approval and those signs subject to Zoning Administrator approval. Amendment to the Sign Ordinance to redesignate signs requiring Administrative Conditional Use Permit approval to signs requiring "Zoning Clearance." 5) Amendments to the Site Development Review provisions to clarify the intent and to reorganize the procedures in Standard Format to be utilized in other Planning application procedures when the City revises/updates the entire Zoning Ordinance. Staff recommends that the Planning Commission recommend that the City Council adopt the Draft Ordinance Amendment. If the Planning Commission has concerns with certain specific provisions of the Draft Ordinance Amendment, Staff recommends that the Commission identify its concerns with the specific provisions for consideration by the City Council. The City Attorney is - 3 - PAGE OF Lib reviewing the Draft Ordinance. Staff anticipates receiving these comments prior to City Council review of the item. The City Attorney comments will be incorporated into the Draft Ordinance prior to submittal to the City Council. RECOMMENDATIONS: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from the public. 3) Question Staff and the public. 4) Close public hearing and deliberate. 5) Adopt the Draft Resolutions recommending City Council approval of the Negative Declaration and the Draft Ordinance Amendment, or give Staff direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the Draft Resolution recommending City Council adoption of the Negative Declaration (Exhibit B) and the Draft Ordinance Amendment Management Audit (Exhibit C) PA 91-067. ATTACHMENTS: Exhibit A: Exhibit B: Exhibit C: Draft Ordinance Amendment Management Audit Draft Resolution Negative Declaration Draft Resolution Ordinance Amendment Background Attachments: Attachment 1 List of conditional uses approved by the Zoning Administrator Attachment 2: List of Administrative Conditional Use Permit uses approved by Zoning Clearance - 4 - PAGE ©F ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL CODE AND ZONING ORDINANCE RELATING TO CONDITIONAL USE PERMIT, ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS AND SITE DEVELOPMENT REVIEW PROCESS The City Council of the City of Dublin does ordain as follows: Section 1. Section 2.12.080.B ZONING AND PLANNING JURISDICTION - CONDITIONAL USE PERMITS of the City of Dublin Municipal Code is amended to read as follows: "In the event that the subject of a conditional use permit is a community care facility, an accessory use, an accessory unit, a temporary use, a commercial recreational use (excluding dance floors which shall be subject to Planning Commission approval), a drive-through/drive-in use, an outdoor seating/eating for restaurant use, a directional sign in compliance with Municipal Code Section 8.87.60 A), a day care use, a freestanding sign in compliance with Municipal Code Section 8.87.60 D) (freestanding signs in excess of 20 feet in height), or a minor expansion of an existing use with approved Conditional Use Permit in compliance with Municipal Code Sections 8-48.2.B.4, 8-49.2.B.4, and 1 EXHIBIT PAGE S OF`f� 8-51.3.B.3 and only in such event, the request for a conditional use permit shall be submitted to the Planning Director. The Planning Director shall have the authority to approve or disapprove such requests. Appeals from the decision of the Planning Director regarding a conditional use permit shall be taken to the Planning Commission by those parties and in the manner defined in Section 2.12.130. The decision of the Planning Commission may, in turn, be appealed to the City Council by those parties in the manner defined in Section 2.12.130 (Ordinance 23, Section 3, 1982)." Section 2. Section 2.12.100 ZONING AND PLANNING JURISDICTION - PARCEL MAP of the City of Dublin Municipal Code is amended to read as follows: "Submission of a parcel map shall be made to the Planning Director. The Planning Director shall have the authority to approve or disapprove a parcel map. Appeals from the decision of the Planning Director regarding a parcel map shall be taken to the Planning Commission by those parties and in the manner defined in Section 2.12.130. The decision of the Planning Commission may, in turn, be appealed to the City Council by those parties and in the manner defined in Section 2.12.130. (Ordinance 23, Section 5, 1982)." DAFT - 2 - PAGE OF 4' ,Section 3. Section 2.12.120 ZONING AND PLANNING JURISDICTION - DISCRETION OF PLANNING DIRECTOR of the City of Dublin Municipal Code is amended to read as follows: "The Planning Director shall have the discretion to refer an application for a variance, an application for a conditional use permit, an application for a parcel map, or an application for a site development review to the Planning Commission for initial determination. In such cases, an appeal from the decision of the Planning Commission shall be taken to the City Council by those parties and in the manner defined in Section 2.12.130 (Ordinance 23, Section 7, 1982)." Section 4. Section 2.12.095 ZONING AND PLANNING JURISDICTION - ZONING CLEARANCE of the City of Dublin Municipal Code is hereby added to read as follows: "2.12.095 ZONING AND PLANNING JURISDICTION - ZONING CLEARANCE. A request for Zoning Clearance shall be submitted to the Planning Director. The Planning Director shall have the authority to approve or disapprove such requests. Action of the Planning Director shall be final." Section 5. Section 8-46.2 CONDITIONAL USES: C-0 DISTRICT of the City of Dublin Zoning Ordinance is amended to read as follows: 3 PAGE . OF S "Section 8-46.2 CONDITIONAL USES: C-0 DISTRICTS: In addition to the uses listed for Sections 8-60.60 and 8-61.0, the following are Conditional Uses in a C-0 District and shall be permitted only if approved by the Planning Commission or Zoning Administrator pursuant to Section 8-94.0: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL 1. Church, library, school, hospital, clinic; 2. Research or development laboratory, except those engaged in manufacture of products for commercial sale or distribution and excluding any which produces or is found likely to produce any smoke, dust, odors, glare or vibrations observable outside the building or portion thereof in such Use; 3. Parking lot; 4. Public utility substation, not including service yard, storage of materials or vehicles, or repair facilities. 5. Community Identification Sign per Section 8-87.60A.1 (Amended by Sec. 11, Ord. 69-23; Amended by Sec. 14, Ord. 70-57). - 4 - PAGE OF B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL 1. Pharmacy, limited to the sale of drugs and medical supplies; 2. Restaurant or retail store which serves primarily the occupants of existing buildings in the same district or their clients or patrons; 3. Directional Tract Sign per Sec. 8-87.60B.1 and Temporary Promotional (60 days) Signs per Sec. 8- 87.60B.2." Section 6. Section 8-47.2 CONDITIONAL USES: C-N DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: Section 8-47.2 CONDITIONAL USES: C-N DISTRICTS. In addition to the uses listed in Sections 8-60.60 and 8-61.0, the following are Conditional Uses in a C-N District and shall be permitted only if approved by the Planning Commissioner or the Zoning Administrator pursuant to Section 8-94.0: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Public utility substation, not including service yard, storage of materials, or vehicles, or repair facilities; 2. Parking lot; 3. Service Station, Type A; - 5 PAGE 9 OF 4. Community Identification Sign per Section 8-87.60A.1 (Amended by Sec. 16, Ord. 70-57) B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Drive-in Business; 2. Directional Tract Sign per Sec. 8-87.60B.1 and Temporary Promotional (60 days) Signs per Sec. 8- 87.60B.2." Section 7. Section 8-48.2 CONDITIONAL USES: C-1 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-48.2 Conditional Uses: C-1 DISTRICT. In addition to the uses listed in Sections 8-60.60 and 8-61.0, the following are Conditional Uses in C-1 Districts and shall be permitted only if approved by the Planning Commission or the Zoning Administrator pursuant to Section 8-94.0: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Hospital; 2. Community facility (including daycare/preschool/nursery school) ; 3. Animal Hospital, Kennel; 4. Clubhouse, or rooms used by members of an organized club, lodge, union or society; 5. Mortuary; 6. Storage Garage, and storage lots for Recreational Vehicles and Boats; 7. Theatre, Drive-in Theatre; 8. Hotel, Motel, Boarding House; 9. Automobile Sales lot; 10. Service Station, Type A; or a facility retailing automotive parts and supplies which are installed and serviced on the site but does not include engine, transmission or differential rebuilding or body repair; 11. Plant nursery including the sale of landscaping materials, excluding wet -mix concrete sales, providing all equipment, supplies, and merchandise other than plant materials are kept within a completely enclosed building; 12. Tavern; 13. Adult Entertainment Activity, provided however, that no Adult Entertainment Activity shall be located closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other Adult Entertainment Activity; 14. Massage Parlor; 15., Recycling Centers, when operated in conjunction with a Permitted Use on the same premises; 16. In -patient or Out -patient health facilities as licensed by the State Department of Health Services; - 7 PAGE �� OF 17. Dance floors (public dances requiring a dance permit per Chapter 5.52 of the Dublin Municipal Code); 18. Fortunetelling; 19. Community Identification Sign per Sec.8- 87.60A.1,Time/Temperature and other changeable copy sign per Sec. 8-87.60A.2, Special Easement Sign per Sec. 8-87.60A.3 and Second Freestanding Sign per Sec. 8-87.60A.4 B. Conditional Uses Requiring Zoning Administrator Approval: 1. Commercial recreational facility located within a building (excluding dance floor, see Section 8- 48.2.A.17 and theatre, see Section 8-48.2.A.7); 2. Drive-in/Drive-through Business (excluding Drive-in Theatre, see Section 8-48.2.A.7); 3. Outdoor Seating/Eating Restaurant; 4. Minor expansion of existing approved conditional use (minor expansion may include but shall not be limited to: a) physical expansion not to exceed 1,000 square feet, b) expansion in hours of operation or c) operational expansion); 5. Directional Tract Sign per Section 8-87.60B.1, Temporary Promotional (60 days) Signs per Sec. 8.87.60.B.2 and Freestanding Sign in excess of 20 feet height per Sec. 8-87.60.B.3." PAGE OF 4. 8 Section 8. Section 8-49.2 CONDITIONAL USES: C-2 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: "8-49.2 CONDITIONAL USES: C-2 DISTRICTS. In addition to the uses listed in Sections 8-60.60 and 8-61.0 the following are Conditional Uses in C-2 Districts and shall be permitted only if approved by the Planning Commission or the Zoning Administrator pursuant to Section 8-94.0: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Hospital; 2. Animal Hospital, Kennel; 3. Mortuary; 4. Community Facility (including daycare/preschool/nursery school); 5. Drive-in Theatre, Recreation Facility (excluding recreation facility within a building, see Section 8- 49.2B.1); 6. Service Station, Type A and Type B; 7. Automobile, camper, boat and trailer sales, storage or rental lot; 8. Plant nursery including the sale of landscaping materials, excluding wet -mix concrete sales, proving all equipment, supplies and merchandise other than plant materials are kept within a completely enclosed building; 9. Auto Sales and Service Agency; - 9 / PAGE 3 OF �� 9. Auto Sales and Service Agency; 10. Tavern; 11. Adult Entertainment Activity provided, however, that no Adult Entertainment Activity shall be located closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other Adult Entertainment activity; 12. In -patient and out -patient health facilities as licensed by the State Department of Health Services; 13. Dance Floor (public dances requiring a Dance Permit per Chapter 5.52 of the City of Dublin Municipal Code); 14. Community Identification Sign per Sec. 8-87.60.A1, Time/Temperaturefand other changeable copy sign per Sec. 8-87.60.A2, Special Easement Sign per 8-87.60.A3 and Second Freestanding Sign per Sec. 8-87.60.A4. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Recreation facility located within a building (excluding dance floor, see Section 8-49.2A.13); 2. Drive-in/Drive-through Business (excluding drive-in theatre, see Section 8-49.2A.5); 3. Outdoor Seating/Eating Restaurant; 4. Minor expansion of existing approved conditional use (minor expansion may include but shall not be limited to: a) physical expansion not to exceed 1,000 square - 10 - PAGE / 0F -4L� feet, b) expansion in hours of operation, or c) operational expansion); 5. Directional Tract Sign per Section 8-87.60B.1, Temporary Promotional (60 days) Sign per Sec. 8- 87.60B2, and Freestanding Sign in excess of 20 feet height per Sec. 8-87.60.B.3.". Section 9. Section 8-51.3 CONDITIONAL USES: M-1 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: Section 8-51.3 CONDITIONAL USES: M-1 DISTRICTS. In addition to the uses listed in Sections 8-60.60 and 8-61.0 the following are Conditional Uses in an M-1 District, and shall be permitted only if approved by the Planning Commission or the Zoning Administrator, pursuant to Section 8-94.0: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Contractors or other outdoor storage yard for equipment and supplies, if conducted within an area enclosed by a solid wall or fence; 2. Animal Hospital, Kennel; 3. Storage of liquified petroleum gas; 4. Drive-in Theatre; 5. Sale at retail of building materials, or of industrial equipment or machinery; PAGE /5- OF 4% 6. Concrete or asphalt batching plant; 7. Service Station Type A and Type B; 8. Adult Entertainment Activity, provided however that no Adult Entertainment Activity shall be located closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other Adult Entertainment Activity; 9. Dance Floor (public dances requiring a dance permit per Chapter 5.52 of the City of Dublin Municipal Code); 10. Other Uses which are found by the Planning Commission as may meet the intent of the district and the requirements of Section 8-51.8 of this Article; 11. Community Identification Sign per 8-87.60A1, Time/Temperature and other changeable copy sign per Sec. 8-87.60.A2, Special Easement Sign per Sec. 8- 87.60.A3, and Second Freestanding Sign per Sec. 8- 87.60.A4. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Restaurant, retail store, or shop needed to serve the occupants of existing industrial buildings in the immediate vicinity; 2. Recreation facility, within an enclosed building (excluding Dance Floor, see Section 8-51.3A)9); 3. Minor expansion of existing approved conditional use (minor expansion may include but shall not be limited - 12 - PAGE /6 OF ''k to: a) physical expansion not to exceed 1,000 square feet, b) expansion in hours of operation, or c) operational expansion; 4. Directional Tract Sign per Sec. 8-87.60.B1, Temporary Promotional (60 days) Sign per Sec. 8-87.60.B2 and Freestanding Sign in excess of 20 feet in height per Sec. 8-87.60.B3." Section 10. Section 8-60.60.1 TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-60.60.1. TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES. In any District minor temporary uses of land of a duration of 60 days or less, except as otherwise provided herein, having negligible or no permanent effects on the environment that are categorically exempt from the requirements of Environmental Impact Report under the provisions of the City of Dublin CEQA Guidelines shall be permitted only if an Administrative Conditional Use Permit is approved by the Planning Director pursuant to Sec. 8-60.60.1.B. A. Temporary Uses requiring Administrative Conditional Use Permit approval shall include, but not be limited to, the following: 1. Carnivals, circus; - 13 - PAGE/7 OF 2. A single newspaper recycling bin for up to one year, sponsored by a Dublin -based bona fide church, school, neighborhood group or Dublin -based non-profit, non- restrictive civic or service organization as an accessory use to a lawfully existing principal use; 3. Arts and crafts fair - maximum two separate events for one -day each, per twelve (12) month period per lot, sponsored by a Dublin -based bona fide church, school, neighborhood group, or Dublin -based, non-profit, non- restrictive civic or service organization for the sale of handmade or handcrafted items for sale by the original artist; 4. Firewood sales lots in the A District (but no such permit shall be approved for a period to exceed one year); 5. Mobile home occupancy for a period of 1 year during construction of permanent living quarters on the same premises in any A or R District; 6. Occupancy of a commercial office trailer for a period not to exceed one year in any C or M District; 7. Tract and sales office/model complex with accessory signs during the period of construction and original sale of the buildings or lots in a new subdivision. B. The Planning Director shall make such investigations as are necessary to determine whether or not the proposed use conforms or may be conditioned to conform to the - 14 - PAGE / 8 OF tl requirements and intent of this Chapter. If from the information submitted or developed upon investigation the Planning Director finds that compliance with the requirements and intent of this Chapter will be secured, the Administrative Conditional Use Permit shall be approved. If it is found that such compliance is not secure, the Permit shall be denied or approved subject to such specified conditions, changes, or additions as will assure such compliance. The order approving or disapproving an Administrative Conditional Use Permit shall become effective 5 days after the date of such action unless a written appeal is filed in accordance with the procedure specified in Section 8-102." Section 11. Section 8-60.60.3 TEMPORARY USES. ZONING CLEARANCE of the City of Dublin Zoning Ordinance is hereby added to read as follows: "Section 8-60-60.3 TEMPORARY USES. ZONING CLEARANCE. In any District, the following minor temporary uses of land of a duration of 60 day or less and categorically exempt from CEQA shall be permitted only if Zoning Clearance is given by the Planning Director. The Planning Director shall give Zoning Clearance upon determination that the proposed use is in compliance with the City of Dublin "Standard Requirements" for said use: - 15 - PAGE �� OF : 1. Christmas tree sales lot or other seasonal/holiday sales lot as determined by the Planning Director; 2. Pumpkin patch/sales lot; 3. Neighborhood/school/church festivals located on -site; 4. Temporary construction trailer 5. Grand -Opening Temporary Promotional Signs per Section 8- 87.61.2; 6. Temporary Promotional Signs. Promotional Signs 30 day time frame per Section 8-87.61.3; 7. Temporary Off -Site Sale or Lease Signs per Section 8-87.61.4 8. One Identification Sign per Section 8-87.61.1 Section 12. Section 8-94.1 CONDITIONAL USES: ACTION of the City of Dublin Zoning Ordinance is amended to read as follows: "8-94.1 CONDITIONAL USES: ACTION. The Planning Commission or Zoning Administrator shall receive, hear and decide applications for a Conditional Use Permit and after the conclusion of the hearing may authorize approval as to zoning of the proposed use if the evidence contained in or accompanying the application or presented at the hearing is deemed sufficient to establish that, under all circumstances and conditions of the particular case, the use is properly located in all respects as specified in Section 8-94.0, and otherwise it shall disapprove the same. In each case, notice of the hearing shall be given pursuant to Section 8-101.0. (Amended by sec. 41, Ord. 70-57)." - 16 - PAGE OF Section 13. 8-94.4 CONDITIONAL USES: COMBINED APPLICATIONS of the City of Dublin Zoning Ordinance is amended to read as follows: "8-94.3 CONDITIONAL USES: COMBINED APPLICATIONS. If the proposed Conditional Use is one listed in the District regulations as subject to site development review, procedure upon the application shall be subject to the additional requirements of Section 8-95.0 of this Chapter. No separate application for Site Development Review is required in such cases, but disapproval of either constitute disapproval of the application. Where the proposed Conditional Use Permit is accompanied by a concurrent application for a Variance pursuant to Section 8-93.1 the Planning Commission or Zoning Administrator shall act separately on each. (Amended by sec. 43. Ord. 70-57)" Section 14. Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS of the City of Dublin Sign Ordinance is amended to read as follows: Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS. Unless specifically prohibited by this Chapter, the following type of signs may be located in required yards, if a Conditional Use Permit is granted by either the Planning Commission or Zoning Administrator in accordance with Section 8-94.0 CONDITIONAL USES: A. SIGN CONDITIONAL USE PERMITS REQUIRING PLANNING COMMISSION APPROVAL: - 17 - PAGE'/ . OF 1 Community Identification Sign, one hundred twenty (120) square feet maximum area, twenty (20) feet maximum height, shall be located within one thousand (1,000) feet of the City's corporation boundary. Sign illumination shall not be intermittent and sign copy shall be limited to: a. the name of the community; b. information relating to the service clubs active in the area; c. community slogans or mottos; or d. directional+information. 2. Time/Temperature Signs, including Electronic Readerboards, Business Bulletin Boards, and other Changeable Copy Signs on which the copy if manually or electrically changed, when used to promote items of general interest to the community such as time, temperature, and/or date. Wall -mounted Changeable Copy Signs shall be subject to compliance with Sec. 8-87.33 WALL SIGNS AND PROJECTING SIGNS. Freestanding Changeable Copy Signs shall be subject to compliance with Sections 8-87.34 FREESTANDING SIGNS or 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS. [Ord. No. 6-87, January 1987) - 18 - PAGE 3. Special Easement Signs, used as part of the permanent signage to designate, identify, or indicate the name(s) or business(es) of the owner or occupant of a premises in the immediate vicinity of the parcel upon which the sign is located. The premises, said sign is designed to advertise, must be located on a parcel of land without direct access or frontage on an improved public right-of-way. Said properties must be interconnected by a traversable vehicular roadway which is subject to a non -revocable, non-exclusive recorded access easement. Said signs may also be utilized to advertise the business(es) conducted, service(s) available or rendered, or the(goods procured, sold, or available for sale upon the referenced nearby premises. [Ord. No. 6- 87, January 1987] When a Special Easement Sign is approved by the Planning Commission, the business(es) designated on said sign and the parcel on which the business(es) are located shall utilize the Special Easement Sign in lieu of any other Freestanding Sign or Alternate Type of Freestanding Sign on the parcel on which the business(es) is located. Special Easement Signs shall be subject to compliance with Sections 8- 87.34 FREESTANDING SIGNS or 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS. 4. Two (2) freestanding signs on parcels of four (4) acres or greater in size located adjacent to I-580 or I-680 - 19 - PAGE693 OF6 or the Flood Control Channel. Said freestanding signs shall be located on separate frontages. For the purpose of determining the location, height and sign area of the second freestanding sign, the Alameda County Flood Control channel property line adjacent to the freeway shall be deemed to be the property line for measuring subject to the provisions of Sections 8-87.34B)1) - 8-87.34B)3). The second freestanding sign shall be subject to the following provisions: a) No second freestanding signs shall be permitted within the required front, side or rear yard setback areas. b) All second freestanding signs shall be located in c) a planter of appropriate dimensions. In no case shall a second freestanding sign be located within fifty (50) feet of the interstate freeway right-of-way. d) No freestanding sign shall project within a public right-of-way. [Ord. No. 6-87, January 1987; Ord. No. 18-88, September 1988] B. SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL: - 20 - PAGE OF 1. Directional Tract Sign, in any district, sixty-four (64) square feet maximum sign area for double-faced signage and thirty-two (32) square feet maximum sign area for single -faced signage; twelve (12) feet maximum height, shall not be illuminated, and shall not be located within six hundred sixty (660) feet of an interstate freeway. The size of the sign used need not be included as part of the aggregate sign area permitted on the property. [Ord. No. 7-86, May 1986; Ord. No. 18-88, September 1988] 2. Temporary Promotional Signs - Sixty Day (60) Time Frame (banners, pennants, flags, balloons, searchlights and similar advertising devices), when used for special promotional events, for period that cumulatively do not exceed a maximum of sixty (60) days annually (any twelve (12) month period) and, on an individual promotional event basis, do not exceed fourteen (14) consecutive days of display. 3. Freestanding Signs in excess of twenty (20) foot height, located on parcels, or collections of parcels under common ownership and use, four (4) acres or greater in size, or single -use parcels one and one-half (1-1/2) acres or greater in size, with the maximum allowable height being between twenty (20) and thirty- - 21 - PAGE OF sh five (35) feet and with the proposed size (area and height) and location determined through the dimensional and locational criteria of Section 8-87.34 FREESTANDING SIGNS and the Conditional Use Permit review process." Section 15. Section 8-87.61 SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMIT of the City of Dublin Sign Ordinance is amended to read as follows: "Section 8-87.61 SIGNS REQUIRING ZONING CLEARANCE. The following types of signs may be located in required yards Zoning Clearance is granted by the Planning Director in accordance with Section 8-60.60.3: 1. One Identification Sign per parcel in any district, when used to designate the name, or the name and use, of a multi- family residential use, public building, to inform the public as to the use of a lawful parking area, recreation area, or other open use permitted in the district. Identification Signs shall not exceed a maximum area of 24 square feet, unless a greater area is approved through the Administrative Conditional Use Permit process. The height of Identification Signs shall be as set forth in Section 8- 60.55 HEIGHT LIMITATIONS. [Ord. 6-87, January 1987] 2. Grand -Opening Temporary Promotions Signs (banners, pennants, flags, balloons, searchlights and similar advertising - 22 - PAGE(" devices) in any district other than the Agricultural or Residential Districts when used for bona -fide grand opening functions within sixty (60) days of a business' initial occupancy and for a period not in excess of thirty (30) days. 3. Temporary Promotional Signs - Thirty (30) Day Time Frame (banners, pennants, flags, balloons, searchlights and similar advertising devices) when used for special promotional events for periods that cumulative do not exceed a maximum of thirty (30) days annually (any twelve (12) month period) and, on an individual promotional event basis, do not exceed fourteen (14) consecutive days of display. 4. Temporary Off -site Sale or Lease Signs which are intended for use solely as a notice of an offering for sale, lease, or rental of a parcel, structure or establishment of a premises in the immediate vicinity of the premises upon which the sign is located, where said premises is located on a parcel of land without direct access or frontage on an improved public right-of-way, and where said properties are interconnected by a traversable vehicular roadway which is subject to a non -revocable, non-exclusive recorded access easement. [Ord. No. 6-87, January 1987]" - 23 - a PAGE `Section 16. Section 8-95.0 SITE DEVELOPMENT REVIEW through Section 8-95.8 SITE DEVELOPMENT REVIEW: PLAN MODIFICATION of the City of Dublin Zoning Ordinance is amended to read as follows: 8-95.0 SITE DEVELOPMENT REVIEW: 8-95.010 INTENT/PURPOSE: Site Development Review is a discretionary review process intended to promote orderly, attractive and harmonious site and structural development compatible with individual site environmental constraints and compatible with surrounding properties and neighborhoods; to resolve major project -related issues including but not limited to building location, architectural and landscape design and theme, vehicular and pedestrian access and on -site circulation, parking and traffic impacts; to ensure compliance with development standards and general requirements established for Zoning and Planned Development Districts, including but not limited to setbacks, heights, parking, fences, accessory structures and signage; to stabilize property values; and to promote the general welfare. The intent is also to develop Site Development Review Guidelines and to apply the guidelines in a manner prescribed by the City Council. The purpose of the Guidelines is to establish design perimeters and/or policies to address but not be limited to addressing issues of setbacks, building design/architecture, - 24 - PAGE e OF landscaping, parking and signage; and to assist in the review and regulation of development proposals. 8-95.020 APPLICABILITY: The following types of development shall be subject to Site Development Review unless a waiver is granted in accordance with Sec.. 8-95.080: 1. Any structure (new or existing) with 1000 square feet or greater of floor area, located within a C-O, C-N, C-1, C-2 or M-1 Zoning District. 2. Any new construction with an aggregate floor area of 1000 square feet or greater, located within a C-O, C-N, C-1, C-2 or M-1 Zoning District. 3. Any exterior modification to a structure with 1000 square feet or greater of floor area, located within the C-O, C-N, C-1, C-2 or M-1 Zoning District, including but not limited to building additions, new and/or additional window and doors, roof or ground mounted mechanical equipment. 4. Exterior site modifications to site located with a C-0, C-N, C-1, C-2 or M-1 Zoning District, including but not limited to parking, fencing, circulation, landscape, accessory structures, trash enclosures. - 25 - PAGE�91 OF �� 5. Signage pursuant to Sections 8-87.33B) WALL SIGNS AND PROJECTING SIGNS and 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS. 6. Any exterior modifications to structures, signage or general site located within a PD Planned Development District specifically requiring Site Development Review. 7. Any exterior modification to a structure or site for which previous Site Development Review has been approved. 8. Any new construction or modification to an existing structure or site located in any Zoning District which pursuant to this Chapter requires Site Development Review. 8-95.030 APPLICATION REQUIREMENTS: 1. When Site Development Review is required, an application shall be submitted to the Planning Department in proper form as provided in Section 8-100.0 and as prescribed by the Planning Director. 2. When a project requiring Site Development Review also requires a Variance or a Conditional Use Permit, the applications shall be submitted as part of one application and shall be processed concurrently by the Planning Department. - 26 - PAGE©0F -4/6 3. A Site Development Review application shall be accompanied by a processing deposit and information and materials prescribed by the Planning Director including but not limited to a Site Plan prepared (unless waived by the Planning Director) by a licensed civil engineer, land surveyor, architect, landscape architect or a registered building designer, provided however, that the boundary and topographic survey on the site plan shall be prepared by a licensed civil engineer or land surveyor whose seal shall appear on said site plan. The site plan shall be drawn to scale and indicating clearly and with full dimensions the following informations a) Parcel dimensions in distance and bearings; b) Existing and proposed buildings and structures --their location, size, height and use; c) Dimensions of yards and open spaces between buildings; d) Fences and walls --their location, height and materials; e) Parking spaces --their location, number, dimensions and internal circulation; f) Access -vehicular, pedestrian and service, with points of ingress and egress, internal circulation, design, and improvements; Street dedications and improvements --existing, and proposed, if any; g) - 27 - PAGE �/ OF h) Such other data as may be required under the circumstances of the case to permit the Planning Director to make the required findings. Where the proposed use includes any Main Building other than Dwellings, or any commercial or industrial use, the plan shall also show: i) signs: location, size, height and types of materials, and lighting; j) Loading spaces: their location, number, dimensions, and internal circulation; k) Lighting: its location and general nature. (Amended by Sec. 12, Ord. 68-27; amended by Sec. 46, Ord. 70-57) 4. If the Planning Director deems necessary Special Investigation(s) or written report(s) may be required to be prepared by expert/qualified consultant(s) chosen by the Planning Director. A copy of said report(s) or investigation(s) shall be furnished to the applicant. The cost of said consultant(s) services shall be paid by the applicant. 5. The Planning Department shall review each Site Development Review application submittal for completeness and notify the - 28 - PAGE applicant of any incomplete information or materials prescribed by the Planning Director for a complete application submittal. 8-95.040 ACTION: The Planning Director, upon conducting any necessary investigation and review of reports or recommendation from other applicable City departments or other interested public agencies, shall approved, conditionally approve or deny the Site Development Review request based on findings pursuant to Section 8-95.050. No public hearing is required, except the Zoning Administrator or Planning Commission shall conduct at least one (1) public hearing and shall approve, conditionally approve or deny a Site Development Review request based on findings pursuant to Section 8-95.050, when processing a Site Development Review application concurrently with a Variance or Conditional Use Permit pursuant to Municipal Code Sec. 8-95.030.2. The Planning Director or Zoning Administrator may refer a permit normally reviewed by the Planning Director or Zoning Administrator to the Planning Commission for review. 8-95.050 FINDINGS: Approval of a Site Development Review request must be based on the following findings: 1. The approval of the application is consistent with the intent/purpose of this Chapter 8-95.0. - 29 - PAGE 2. The approval of the application, as conditioned complies with District (or Planned Development) Regulations and the General Requirements established in the Zoning Ordinance. 3. The approval of the application, as conditioned, is in the best interests of the public health, safety and general welfare. 4. General site conditions, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements have been designed to provide a desirable environment for the development. 5. General architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of adjacent buildings and uses. 6. General landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief attractive environment for the public. - 30 - PAGE`S OF '�-' 8-95.060 APPEALS: The decision/action of the Planning Director or Zoning Administrator to deny, approve or conditionally approve the Site Development Review request may be appealed to the Planning Commission within 10 days of the decision/action by the Planning Director or Zoning Administrator in accordance with Sec. 8-92.0 ADMINISTRATION OR ENFORCEMENT : APPEALS. The decision/ action of the Planning Commission may, in turn, be appealed to the City Council within 10 days of the decision/action by the Planning Commission in accordance with Sec. 8-92.0 ADMINISTRATION OR ENFORCEMENT: APPEALS. 8-95.070 TIME LIMITS/EFFECTIVE 1. Unless appealed, action on the Site Development Review request shall become effective/valid 10 days after the decision of the Planning Director, Zoning Administrator or Planning Commission. The decision of the City Council becomes effective/valid on the date of the City Council decision/action. 2. Building permits shall not be issued except in accordance with the terms and conditions of the Site Development Review approval. 3. Upon approval of a Site Development Review request and upon subsequent development of a building site with Site Development Review approval, the use of the building site - 31 - PAGE-3 OF �_ there after shall be subject to compliance with the approved plans and details and subject to the conditions of approval of said Site Development Review approval. 4. If building permits are not issued and construction commenced within two (2) years of the Site Development Review approval date, the Site Development Review approval shall lapse and become void. 5. If the Site Development Review approval expires pursuant to Sec. 8-95.070.4 (above) a new application must be submitted and processed in accordance with this Chapter 8-95.0. 8-95.080 WAIVERS: The Planning Director may waive the requirement for Site Development Review upon receiving a written request (including statement requesting Site Development Review waiver and plans detailing proposal) from the applicant and upon determination that the proposal is a minor project and the plans submitted are in accord with the intent/purpose of this Chapter 8-95.0. All Site Development Review Waivers must be granted in written form. 8-95.090 REVISIONS/PLAN MODIFICATIONS. The Planning Director shall hear and decide applications to modify any Plan approved under the procedure for Site Development Review, or to modify any condition set forth in the action of approval, subject to the same procedure and regulations as those applicable to the - 32 - PAG OF z7Lk original application except that the Planning Director may grant Site Development Review Waiver upon determination that the modification is minor and in accordance with Sec. 8-95.080 WAIVERS. (Amended by Sec. 50, Ord. 70-57) Section 17. Section 8-98.0 ZONING CLEARANCE PROCEDURES of the City of Dublin Zoning Ordinance is hereby added to read as follows: 8-98.0 ZONING CLEARANCE PROCEDURES: 8-98.010 INTENT/PURPOSE: Zoning Clearance is a non -discretionary review process intended to expedite the processing time of certain proposed temporary uses in accordance with Sec. 8-60.60.3 for which the proposal is in compliance with the provisions of this Chapter 8-98.0 and with the City of Dublin Standard Conditions for Temporary Uses. 8-98.020 APPLICABILITY: Zoning Clearance shall be required prior to establishment of any temporary use specifically identified under Section 8-60.60.3 TEMPORARY USES. ZONING CLEARANCE. 8-98.030 APPLICATION REQUIREMENTS: 1. When Zoning Clearance is required, an application shall be submitted to the Planning Department in proper form as prescribed by the Planning Director. - 33 - PAGES 7 OF 1 A 2. A Zoning Clearance application shall be accompanied by a processing fee established and set by the City Council, and shall be accompanied by information and materials prescribed by the Planning Director including but not limited to: a. Site Plan b. Written Statement describing in detail the proposed temporary use and agreement of compliance with the City of Dublin Standard Requirements for Temporary Uses. c. Property owner authorization to establish temporary use. 3. The Planning Department shall review each Zoning Clearance application for completeness including compliance with the Standard Requirements for Temporary Uses and shall not accept any application which is not complete and/or does not comply with the Standard Requirements for Temporary Uses. 8-98.040 ACTION: 1. The Planning Director shall approve, subject to compliance with City of Dublin Standard Requirement, or deny all Zoning Clearance requests. 2. The Planning Director shall provide Notification of Action to the applicant of all Zoning Clearance requests. - 34 - PAGE OF SO 1 d,.- ,t 3. The Planning Director shall maintain records of the Action taken on all Zoning Clearance requests. 8-98.050 APPEALS: The Action of the Planning Director shall be final. 8-98.060 TIME LIMITS/EFFECTIVE: 1. Action of a Zoning Clearance application shall become effective/valid on the date of the Action. 2. The duration of a Zoning Clearance approval for establishment of a tehtporary use shall not exceed 60 days within a 12-month period. 8-98.070 REVISIONS/MODIFICATIONS: The Planning Director may approve minor modifications to an approved Zoning Clearance application without requirement for submittal of an additional processing fee in accordance with Sections 8-98.040.2 and 8- 98.040.3. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN this day of 1991 by the following votes: AYES: - 35 - PAGES 9 OF NOES: ATTEST: City Clerk - 36 - Mayor \ 4 I PAGE/71 OF RESOLUTION NO. 91 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR PA 91-067 ORDINANCE AMENDMENT MANAGEMENT AUDIT WHEREAS, the Management Audit of the Planning Department, prepared by Hughes, Heiss and Associates, dated July 1, 1989, recommended modifications to the City of Dublin Planning Application Process; and WHEREAS, on September 7, 1989, and September 17, 1989, the City Council held a joint session with the Planning Commission and Staff to consider the Management Audit and to direct Staff; and WHEREAS, a Draft Ordinance Amendment relating to Planning Commission, Planning Director, and Zoning Administrator authority, Administrative Conditional Use Permit, Conditional Use Permit, Parcel Map, Signs, Site Development Review and establishing a new Zoning Clearance process has been prepared; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Guidelines, require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, an Initial Study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this application; and WHEREAS, public notice of the Negative Declaration was given in all aspects as required by State Law; and WHEREAS, the Planning Commission did review and consider the Negative Declaration at a public hearing on December 2, 1991. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: 1. That the project will not have a significant effect on the environment. 2. That the negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. 3. That the Negative Declaration is complete and adequate. EXHIBIT .F' PAGE`' / OF *6 BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission hereby recommends that the City Council adopt the Negative Declaration for PA 91-067 Ordinance Amendment Management Audit. PASSED, APPROVED AND ADOPTED this 2nd day of December, 1991. AYES: NOES: ABSENT: ATTEST: Planning Director Planning Commission Chairperson PAGE OF RESOLUTION NO. 91 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ADOPTION OF PA 91-067 ORDINANCE AMENDMENT MANAGEMENT AUDIT WHEREAS, the Management Audit of the Planning Department, prepared by Hughes, Heiss and Associates, dated July 1, 1989, recommended modifications to the City of Dublin Planning Application Process; and WHEREAS, on September 7, 1989, and September 17, 1989, the City Council held a joint session with the Planning Commission and Staff to consider the Management Audit and to direct Staff; and WHEREAS, a Draft Ordinance Amendment relating to Planning Commission, Planning Director, and Zoning Administrator authority, Administrative Conditional Use Permit, Conditional Use Permit, Parcel Map, Signs, Site Development Review and establishing a new Zoning Clearance process has been prepared; and WHEREAS, the Planning Commission held study sessions on said Draft Ordinance on September 16, 1991, and November 4, 1991; and WHEREAS, the Planning Commission held a public hearing on said Draft Ordinance on December 2, 1991; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, said Draft Ordinance has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration of Environmental Significance has been prepared for this project as it will not have a significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending the Planning Commission recommend City Council approval of said Draft Ordinance; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. EXHIBrr�� e. PAGEOF OF..�� NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that the Draft Ordinance Amendments are consistent with the stated purposes and objectives of the City's Municipal Code and Zoning Ordinance and with the City's General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend the City Council adopt the Ordinance Amendment Management Audit (PA 91-067). PASSED, APPROVED AND ADOPTED this 2nd day of December, 1991. AYES: NOES: ABSENT: ATTEST: Planning Director Planning Commission Chairperson - 2 PAGE I/O" 0 �� USES WHICH COULD BE SUBJECT TO ZONING ADMINISTRATOR APPROVAL C-O District 1. Pharmacy 2. Restaurant/retail store serving district 3. Directional tract signs and temporary promotional signs (60 days) C-N District 1. Drive-in businesses 2. Directional tract signs and temporary promotional signs (60 days) C-1 and C-2 Districts 1. Commercial recreation excluding dance floor and theatre 2. Drive-in/drive-through excluding drive-in theatre 3. Outdoor seating/eating restaurant 4. Minor expansion of existing approved Conditional Use Permit 5. Directional tract, temporary promotional signs (60 days) and freestanding signs in excess of 20 feet in height M-1 District 1. Restaurant, retail store serving vicinity 2. Recreation facility excluding dance floor 3. Minor expansion of approved Conditional Use Permit 4. Directional tract sign, temporary promotional signs (60 days) and freestanding sign in excess of 20 feet in height ATTACHMENT I USES WHICH COULD BE APPROVED THROUGH ZONING CLEARANCE 1. Christmas tree sales lots or other seasonal sales lot 2. Pumpkin patch 3. Neighborhood/school/church festivals 4. Temporary construction trailers 5. Grand Opening temporary promotional signs 6. Temporary promotional signs (30 days) 7. Temporary off -site sale or lease signs 8. Identification sign ATThCMENLog PAGE OF.-