HomeMy WebLinkAbout11.19.2025 Agenda PacketNovember 19, 2025 Dublin Planning Commission Regular Meeting Agenda 1
City Council Chamber 100 Civic Plaza
Dublin, CA 94568
Special Meeting of the DUBLIN PLANNING COMMISSION
Wednesday, November 19, 2025
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November 19, 2025 Dublin Planning Commission Regular Meeting Agenda 2
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
3.1
PUBLIC COMMENT
At this time, the public is permitted to address the Planning Commission on non-agendized
items. Please step to the podium and clearly state your name for the record. COMMENTS
SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or
discussion may take place on any item not appearing on the posted agenda. The Planning
Commission may respond to statements made or questions asked, or may request Staff to
report back at a future meeting concerning the matter. Any member of the public may
contact the Planning Division related to the proper procedure to place an item on a future
Planning Commission agenda. The exceptions under which the Planning Commission MAY
discuss and/or take action on items not appearing on the agenda are contained in
Government Code Section 54954.2(b)(1)(2)(3).
CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for
approval by the Planning Commission with one single action. Members of the audience,
Staff or the Planning Commission who would like an item removed from the Consent
Calendar for purposes of public input may request the Chair to
remove the item.
Draft Minutes of the September 9, 2025, Planning Commission Meeting.
Approve the Minutes of the September 9, 2025, Planning Commission Meeting.
Staff Report Attachment 1 - Draft Minutes of the September 9, 2025, Planning Commission Meeting
PUBLIC HEARING
6.1 Amendments to the Downtown Dublin Specific Plan and Dublin Municipal Code for Outdoor
Live Entertainment (PLPA-004212-2025)
The Planning Commission will consider and make a recommendation to the City Council on
City-initiated amendments to the Downtown Dublin Specific Plan (DDSP) and the Zoning
Ordinance to permit Outdoor Live Entertainment as an allowed use in the Downtown and
establish development standards. The proposed amendments include updates to Dublin
Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted
Uses of Land), and Chapter 8.116 (Zoning Clearance), the addition of Chapter 8.41 (Outdoor
Live Entertainment), and amendments to DDSP Section 3.4 (Land Use Designations). Staff
recommends that the project be found exempt from the California Environmental Quality
Act (CEQA).
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November 19, 2025 Dublin Planning Commission Regular Meeting Agenda 3
Conduct a public hearing, deliberate, and adopt the recommending City
Council Approval of Amendments to the Downtown Dublin Specific Plan Section 3.4 (Land
Use Designations) and the Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12
(Zoning Districts and Permitted Uses of Land), Chapter 8.116 (Zoning Clearance), the
Addition of Chapter 8.41 (Outdoor Live Entertainment) to add Outdoor Live Entertainment
as an Allowed Use and to Establish Development Regulations and Permitting Procedures
Staff Report
Attachment 1 - Planning Commission Resolution Recommending Approval of
Amendments to DDSP and DMC
Attachment 2 - Exhibit A to Attachment 1 - City Council Resolution Amending the
Downtown Dublin Specific Plan to add Outdoor Live Entertainment
Attachment 3 - Exhibit B to Attachment 1 - Ordinance Approving Amendments to Dublin
Municipal Code
Attachment 4 - Table 1 - Outdoor Entertainment Regulations Regional Comparison
Attachment 5 - DDSP Amendments and Dublin Municipal Code Amendments Redlined
Pages
Attachment 6 - Public Comment
6.2
The Planning Commission will consider and make a recommendation to the City Council
regarding City -initiated amendments to the Zoning Ordinance to bring greater clarity and
consistency to existing regulations. Amendments are proposed to Dublin Municipal Code
Chapter 8.84 (Sign Regulations) to address the direction from City Council to amend the
regulation of Temporary Non-Commercial Signs and staff-initiated amendments for minor
cleanups. The Planning Commission will also consider and make a recommendation to the
City Council regarding an exemption from the requirements of the California Environmental
Quality Act.
Conduct a public hearing, deliberate, and adopt the Resolution recommending City
Council approval of amendments to Dublin Municipal Code Chapter 8.84 (Sign
Regulations).
Staff Report Attachment 1 - Planning Commission Resolution Recommending Approval of Amendments to
Dublin Municipal Code
Attachment 2 - Exhibit A to Resolution - Ordinance Approving Amendments to Dublin
Municipal Code
Attachment 3 - City Council Staff Report dated September 2 2025
Attachment 4 - Redlined Zoning Ordinance Amendments
UNFINISHED BUSINESS - None
NEW BUSINESS- None
STAFF AND COMMISSIONER REPORTS
Brief information only reports from Planning Commission and/or Staff, including
committee reports and reports by Planning Commission related to meetings attended
at City expense (AB1234).
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November 19, 2025 Dublin Planning Commission Regular Meeting Agenda 4
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by
Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA),
and the federal rules and regulations adopted in implementation thereof. To make a
request for disability-related modification or accommodation, please contact the City
Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a
request, the City will swiftly resolve requests for reasonable accommodation for
individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor
of accessibility.
Agenda materials that become available within 72 hours in advance of the meeting, and
after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be
posted on the City’s website at www.dublin.ca.gov/ccmeetings.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe, secure, and
sustainable environment, fosters new opportunities, and champions a culture of equity,
diversity, and inclusion.
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STAFF REPORT
Planning Commission
Page 1 of 1
Agenda Item 5.1
DATE: November 19, 2025
TO: Planning Commission
SUBJECT:
Approval of September 9, 2025, Planning Commission Meeting Minutes
Prepared by: Cathy Wells, Senior Office Assistant
EXECUTIVE SUMMARY:
Draft Minutes of the September 9, 2025, Planning Commission Meeting.
STAFF RECOMMENDATION:
Approve the Minutes of the September 9, 2025, Planning Commission Meeting.
DESCRIPTION:
The Planning Commission will consider approval of the minutes of the September 9, 2025,
Regular Planning Commission Meeting.
ENVIRONMENTAL DETERMINATION:
None
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Planning Commission Agenda was posted.
ATTACHMENTS:
1) Draft Minutes of September 9, 2025 Planning Commission Meeting
5
Attachment 1
MINUTES OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
Regular Meeting: September 9, 2025
DUBLIN PLANNING COMMISSION MINUTES
REGULAR MEETING
SEPTEMBER 9, 2025
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin Planning Commission was held on Tuesday,
September 9, 2025, in the Peter W. Snyder Council Chamber. The meeting was called
to order at 7:00 PM, by Planning Commission Vice Chair, Rashid.
1) CALL TO ORDER
Attendee Name Status
Wahida Rashid, Planning Commission Vice Chair Present
Srinivas Badami, Planning Commissioner Present
Guanghui Han, Planning Commissioner Present
Jaisena Prasath, Planning Commissioner Present
John Wu, Alternate Planning Commissioner Present
Suresh Puli, Alternate Planning Commissioner Present
2) PLEDGE OF ALLEGIANCE
3) PRESENTATIONS
3.1) Election of Chairperson of the Planning Commission
On a motion from Commissioner Rashid, seconded by Commissioner Badami and
by a vote of 5-0, the Planning Commission elected Wahida Rashid to the position
of Chairperson of the Commission.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Wahida Rashid, Vice Chair
SECOND: Srinivas Badami, Commissioner
AYES: Badami, Han, Prasath, Rashid, Wu
ABSENT:
6
DUBLIN PLANNING COMMISSION MINUTES
REGULAR MEETING
SEPTEMBER 9, 2025
4) PUBLIC COMMENT - None
5) CONSENT CALENDAR
5.1) Approve the July 8, 2025, Planning Commission Meeting Regular Meeting
Minutes.
On a motion by Commissioner Prasath, seconded by Commissioner Han and by
unanimous vote, the Planning Commission adopted the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jaisena Prasath, Commissioner
SECOND: Guanghui Han, Commissioner
AYES: Badami, Han, Prasath, Rashid, Wu
ABSENT:
5) WRITTEN COMMUNICATION – None
6) PUBLIC HEARING
6.1) Accessory Dwelling Unit Ordinance Update (PLPA-004245-2025)
Kristie Wheeler, special project manager, gave a presentation and answered
questions posed by the commissioners.
Chair Rashid opened the public hearing. Upon receiving no public comment
Chair Rashid closed the public hearing.
On a motion by Commissioner Badami, seconded by Commissioner Prasath and
by unanimous vote, the Planning Commission adopted the Resolution No. 25-03,
titled, “Recommending City Council approval of Amendments to Dublin Municipal
Code Chapter 8.08 (Definitions) and Chapter 8.76 (Off-Street Parking and
Loading Regulations), and Repealing and Replacing Chapter 8.80 (Accessory
Dwelling Unit Regulations) (PLPA-004245-2025)”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Srinivas Badami, Commissioner
SECOND: Jaisena Prasath, Commissioner
AYES: Badami, Han, Prasath, Rashid, Wu
ABSENT:
7) UNFINISHED BUSINESS – None
7
DUBLIN PLANNING COMMISSION MINUTES
REGULAR MEETING
SEPTEMBER 9, 2025
8) NEW BUSINESS – None
9) OTHER BUSINESS -None
10) ADJOURNMENT
Chairperson Rashid adjourned the meeting at 7:39 PM.
Planning Commission Chairperson
ATTEST:
Amy Million
Assistant Community Development Director
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STAFF REPORT
Planning Commission
Page 1 of 5
Agenda Item 6.1
DATE: November 19, 2025
TO: Planning Commission
SUBJECT:
Amendments to the Downtown Dublin Specific Plan and Dublin Municipal
Code for Outdoor Live Entertainment (PLPA-004212-2025)
Prepared by: Jennifer Byous, Principal Planner and Christine Begin,
Assistant Planner
EXECUTIVE SUMMARY:
The Planning Commission will consider and make a recommendation to the City Council on
City-initiated amendments to the Downtown Dublin Specific Plan (DDSP) and the Zoning
Ordinance to permit Outdoor Live Entertainment as an allowed use in the Downtown and
establish development standards. The proposed amendments include updates to Dublin
Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses
of Land), and Chapter 8.116 (Zoning Clearance), the addition of Chapter 8.41 (Outdoor Live
Entertainment), and amendments to DDSP Section 3.4 (Land Use Designations). Staff
recommends that the project be found exempt from the California Environmental Quality Act
(CEQA).
STAFF RECOMMENDATION:
Conduct a public hearing, deliberate, and adopt the Resolution recommending City Council
Approval of Amendments to the Downtown Dublin Specific Plan Section 3.4 (Land Use
Designations) and the Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning
Districts and Permitted Uses of Land), Chapter 8.116 (Zoning Clearance), the Addition of
Chapter 8.41 (Outdoor Live Entertainment) to add Outdoor Live Entertainment as an Allowed
Use and to Establish Development Regulations and Permitting Procedures.
DESCRIPTION:
Background
The overarching vision of the Downtown Dublin Specific Plan (DDSP) is "to create a vibrant,
dynamic commercial and mixed-use center that provides a wide array of opportunities for
shopping, services, dining, working, living, and entertainment in a pedestrian -friendly and
aesthetically pleasing setting that attracts both local and regional residents." A map of the
DDSP area is provided in Figure 1.
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Page 2 of 5
Figure 1 Downtown Dublin Specific Plan Map
September 19, 2023, the City Council adopted citywide Outdoor Seating Design Guidelines to
ensure that outdoor seating is aesthetically pleasing, provides a high-quality environment for
patrons, and is appropriately designed for the location. The Design Guidelines encourage
creative design while enriching the Dublin community. Since adoption , the City has continued
to work with business owners to encourage a mix of complementary land uses, including
entertainment, in the Downtown area.
In September 2025, a citywide survey was sent to local business owners to gather input
regarding the potential introduction of outdoor live entertainment associated with outdoor
dining areas. Results from the survey indicate business owners support outdoor live
entertainment downtown. The preferred time for these events is weekend evening s,
suggesting a desire to boost after-hours activity.
Staff researched examples of regulations for outdoor live entertainment in other jurisdictions.
Collectively, the jurisdictions surrounding Dublin and others in the San Francisco Bay Area
emphasize maintaining neighborhood compatibility through a discretionary or temporary permit
process. These approaches provide flexibility for local businesses while ensuring outdoor
entertainment activities remain compatible with adjacent residential and mixed-use areas. A
summary of these regulations is provided in Attachment 4.
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Page 3 of 5
Analysis
Staff proposes to amend the DDSP and Zoning Ordinance to allow outdoor live entertainment
in the Downtown. The proposed amendments are intended to further implement the vision of
the DDSP and expand opportunities for entertainment while ensuring compatibility with
surrounding uses. The amendments would establish “Outdoor Live Entertainment” as a
defined land use and create objective standards and approval procedures.
Zoning Ordinance Amendments
The following provides an overview of the amendments to the Zoning Ordinance.
Chapter 8.08 (Definitions).
The amendments introduce a new land use and definition for Outdoor Live Entertainment in
Chapter 8.08 (Definitions) as follows:
The term Outdoor Live Entertainment shall mean live entertainment that occurs in outdoor
areas, not within a fully enclosed permanent structure, associated with Outdoor Dining.
This includes live music or amplified sound.
Chapter 8.12 (Zoning Districts and Permitted Uses of Land)
Chapter 8.12 (Zoning Districts and Permitted Uses of Land) is amended to allow Outdoor Live
Entertainment in the Downtown Dublin Zoning Districts with a Zoning Clearance or Minor Use
Permit (MUP). This approach provides flexibility for smaller-scale, compliant activities to be
approved ministerially, while ensuring that larger or potentially impactful activities undergo
discretionary review, as further described below.
Chapter 8.41 (Outdoor Live Entertainment)
New Chapter 8.41 (Outdoor Live Entertainment) establishes specific development standards
and permitting procedures. The following standards are designed to ensure compatibility with
surrounding uses, compliance with the Building and Fire Codes, and adherence to the City’s
noise regulations in Chapter 5.28:
Location: Permitted within an approved Outdoor Dining area in the Downtown Dublin
Zoning Districts.
Hours of Operation: Limited to 10:00 a.m.–8:00 p.m. Sunday through Thursday and
10:00 a.m.–10:00 p.m. Friday and Saturday.
Noise Control: Amplified sound must comply with the City’s noise ordinance and be
limited to music and human speech.
A streamlined Zoning Clearance process is provided for Outdoor Live Entertai nment that
meets all development standards. If a proposal cannot meet those standards, a Minor Use
Permit is required, allowing Staff to review site-specific considerations such as parking,
access, or proximity to residential uses, etc., and apply conditions of approval to ensure
compatibility with surrounding land uses.
Downtown Dublin Specific Plan Amendments
Corresponding amendments to the DDSP add Outdoor Live Entertainment as an allowed use
in the Downtown under Section 3.4 (Land Use Designations) and Table 3-1. This use would be
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Page 4 of 5
permitted with approval of a Zoning Clearance or Minor Use Permit. These changes are
consistent with the Specific Plan’s goals to encourage a mix of complementary land uses—
including dining and entertainment—that support an active, pedestrian-oriented downtown.
The proposed amendments provide a clear regulatory framework to facilitate outdoor
entertainment activities that enhance the downtown experience, contribute to economic vitality,
and align with the vision of the DDSP.
A draft Planning Commission Resolution recommending City Council approval of the proposed
amendments is included as Attachment 1 with the draft City Council Resolution approving the
amendments to the DDSP included as Attachment 2 and the draft Ordinance approving the
amendments to the Zoning Ordinance included as Attachment 3. A redline version of the
proposed changes to the Zoning Ordinance and the DDSP is provided in Attachment 6, where
underlined text is proposed to be added and text with a strikethrough is proposed to be
deleted.
Consistency with the General Plan, Specific Plans and Zoning Ordinance
The proposed Downtown Dublin Specific Plan and Zoning Ordinance Amendments are
consistent with the Dublin General Plan in that they support the Plan’s goals to promote a
vibrant, pedestrian-friendly, and economically active downtown. By allowing Outdoor Live
Entertainment in appropriate locations, the amendments encourage social interaction, enhance
the community’s sense of place, and strengthen the mix of complementary land uses
envisioned in the Downtown Dublin Specific Plan.
ENVIRONMENTAL DETERMINATION:
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 proposed amends
to the DDSP and the proposed Zoning Ordinance Amendments 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.
The amendments only clarify and update existing regulations and do not allow new physical
development or intensify existing uses. Future projects will remain subject to permitting
processes, including compliance with the noise ordinance and other applicable standards.
Therefore, the proposed action is not subject to CEQA review.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, notice was sent to the Tribal Consultation list, and a 20-day
public notice was published in the East Bay Times and posted at several locations throughout
the City. A notice of this hearing was also mailed to all property owners and tenants in the
DDSP area, those within 300 feet of the DDSP boundaries and all people who have expressed
an interest in being notified of meetings. Additionally, as noted above, a citywide survey was
sent to local business owners to gather input regarding the potential introduction of outdoor live
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Page 5 of 5
entertainment associated with outdoor dining areas. The Planning Commission Agenda was
also posted.
ATTACHMENTS:
1) Planning Commission Resolution Recommending City Council Approval of Amendments to
the Downtown Dublin Specific Plan Section 3.4 (Land Use Designations) and the Dublin
Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted
Uses of Land), Chapter 8.116 (Zoning Clearance), and the Addition of Chapter 8.41
(Outdoor Live Entertainment) to add Outdoor Live Entertainment as an Allowed use and
Establish Development Standards and Permitting Procedures
2) Exhibit A to Attachment 1- City Council Resolution Amending the Downtown Dublin Specific
Plan to add Outdoor Live Entertainment as an Allowed Use
3) Exhibit B to Attachment 1 – City Council Ordinance Approving Amendments to the Dublin
Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted
Uses of Land), Chapter 8.116 (Zoning Clearance), and the Addition of Chapter 8.41
(Outdoor Live Entertainment) to add Outdoor Live Entertainment as an Allowed Use and
Establish Development Standards
4) Table 1- Outdoor Entertainment Regulations: Regional Comparison
5) DDSP Amendments and Dublin Municipal Code Amendments Redlined Pages
6) Public Comment
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Attachment 1
Reso. No. 25-XX, Item X.X, Adopted XX/XX/2025 Page 1 of 3
RESOLUTION NO. 25 –XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DOWNTOWN
DUBLIN SPECIFIC PLAN SECTION 3.4 (LAND USE DESIGNATIONS) AND THE DUBLIN
MUNICIPAL CODE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS
AND PERMITTED USES OF LAND), CHAPTER 8.116 (ZONING CLEARANCE), AND THE
ADDITION OF CHAPTER 8.41 (OUTDOOR LIVE ENTERTAINMENT)TO ADD OUTDOOR
LIVE ENTERTAINMENT AS AN ALLOWED USE AND ESTABLISH DEVELOPMENT
STANDARDS AND PERMITTING PROCEDURES.
(PLPA-004212-2025)
WHEREAS, the Downtown Dublin Specific Plan (DDSP) project area is located in the
southwestern portion of the City and is approximately 284 acres in size. The project area is
generally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to
the west, and Amador Valley Boulevard to the north; and
WHEREAS, the City occasionally initiates amendments to the Downtown Dublin Specific
Plan (DDSP) and to the Dublin Municipal Code to clarify, add, or amend certain provisions to
ensure that it remains current and to further implementation of the vision "to create a vibrant,
dynamic commercial and mixed-use center that provides a wide array of opportunities for
shopping, services, dining, working, living, and entertainment in a pedestrian -friendly and
aesthetically pleasing setting that attracts both local and regional residents"; and
WHEREAS, since the adoption of the DDSP in February 2011, City Staff have been
working to implement the goals and policies of both the DDSP and the subsequent
recommendations of the two Urban Land Institute and Technical Assistance Panel reports as well
as the City of Dublin’s Two-Year Strategic Plan; and
WHEREAS, Staff initiated amendments to the DDSP and Dublin Municipal Code Title 8
(Zoning) consistent with the Two-Year Strategic Plan, which includes Objective 1D, that calls for
the continued evaluation and implementation of small business programs that provide financial
assistance, business development resources, streamlined permit processing, and support
services to strengthen and sustain the local business community; and
WHEREAS, Staff initiated amendments to the DDSP Section 3.4 (Land Use Designations)
and the Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and
Permitted Uses of Land), Chapter 8.116 (Zoning Clearance), and the addition of Chapter 8.41
(Outdoor Live Entertainment) to add Outdoor Live Entertainment as an allowed use and establish
development standards to strengthen and sustain the local business community and streamline
the permit processing; and
WHEREAS, the California Environmental Quality Act (“CEQA”), together with the State
Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain project s be
reviewed for environmental impacts and that environmental documents be prepared; and
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Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 3
WHEREAS, the Planning Commission recommends that the City Council find the
proposed amendments 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. The amendments only clarify and update existing
regulations and do not allow new physical development or intensify existing uses. Future
projects will remain subject to permitting processes, including compliance with the noise
ordinance and other applicable standards. Therefore, the proposed action is not subject to
CEQA review; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 19,
2025, during which all interested persons were heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report dated November 19, 2025, was submitted to the Dublin
Planning Commission recommending approval of the proposed amendments to DDSP and the
Dublin Municipal Code; 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 recommendations.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
recommend that the City Council adopt the Resolution attached hereto as Exhibit A approving
amendments to the Downtown Dublin Specific Plan, based on the findings, as set forth in
Exhibit A.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
recommend that the City Council adopt the Ordinance, attached hereto as Exhibit B, approving
amendments to the Dublin Municipal Code, based on findings as set forth in Exhibit B.
PASSED, APPROVED AND ADOPTED this 19th day of November 2025, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST:
15
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 3 of 3
______________________________________
Assistant Community Development Director
16
Attachment 2
Exhibit A to Resolution
Page 1 of 4
Reso. No. XX-25, Item X.X, Adopted XX/XX/25
RESOLUTION NO. XX-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE DOWNTOWN DUBLIN SPECIFIC PLAN TO ADD OUTDOOR LIVE
ENTERTAINMENT AS AN ALLOWED USE
PLPA-004212-2025
WHEREAS, the Downtown Dublin Specific Plan (DDSP) project area is located in the
southwestern portion of the City and is approximately 284 acres in size. The project area is
generally bound by Village Parkway to the east, Interstate 580 to the south , San Ramon Road to
the west, and Amador Valley Boulevard to the north; and
WHEREAS, on February 1, 2011, the Dublin City Council adopted Resolution No. 09-11
approving the DDSP and associated implementation actions. At the same time, the City Council
adopted Resolution No. 08-11 certifying the Downtown Dublin Specific Plan Environmental Impact
Report (SCH# 2010022005, incorporated herein by reference). The DDSP Environmental Imp act
Report evaluated the potential impacts associated with intensifying development in the 284 -acre
Downtown Dublin area to accommodate additional residential and non-residential uses; and
WHEREAS, on April 2, 2024, the City Council adopted a Strategic Plan that includes
Strategic Objectives, including Objective 1D, which calls for the continued evaluation and
implementation of small business programs that provide financial assistance, business
development resources, streamlined permit processing, and support services to strengthen and
sustain the local business community; and
WHEREAS, allowing outdoor live entertainment supports the City’s objectives to
streamlined permit processing which will enhance the vibrancy and visibility of local
establishments, attracting patrons to dining and retail areas, and fostering a lively and welcoming
environment that encourages community engagement and economic growth; and
WHEREAS, consistent with section 65352.3 of the California Government Code, the City
obtained a contact list of local Native American tribes from the Native American Heritage
Commission and notified the tribes on the contact list of the opportunity to consult with the City on
the proposed Specific Plan Amendment. None of the contacted tribes requested a consultation
within the 90-day statutory consultation period and no further action is required under section
65352.3; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the 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 Project is 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
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Page 2 of 4
Reso. No. XX-25, Item X.X, Adopted XX/XX/25
not have a significant effect on the environment. The amendments only clarify and update existing
regulations and do not allow new physical development or intensify existing uses. Future projects
will remain subject to permitting processes, including compliance with the noise ordinance and
other applicable standards. Therefore, the proposed action is not subject to CEQA review; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Project, including the proposed Downtown Dublin Specific Plan Amendments, on November 19,
2025, 2025, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission adopted Resolution No. 25-XX recommending the
City Council approve amendments to the Downtown Dublin Specific Plan Section 3.4 (Land Use
Designations) and the Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning
Districts and Permitted Uses of Land), Chapter 8.116 (Zoning Clearance), and the addition of
Chapter 8.41 (Outdoor Live Entertainment) to add Outdoor Live Entertai nment as an allowed use
and to establish development regulations and permitting procedures, which Resolution is
incorporated herein by reference and available for review at City Hall during normal business
hours; and
WHEREAS, a Staff Report, dated ______, and incorporated herein by reference, described
and analyzed the amendments, for the City Council; and
WHEREAS, the City Council held a properly noticed public hearing on the proposed DDSP
Amendment on , including the associated Dublin Municipal Code, at which
time all interested parties had the opportunity to be heard; and
WHEREAS, the City Council considered all above-referenced reports, recommendations,
and testimony for the proposed DDSP Amendments .
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTHER RESOLVED that the City Council finds that the DDSP amendments, as
set forth below, are in the public interest and that the DDSP as amended will remain internally
consistent.
BE IT FURTHER RESOLVED that the City Council hereby approves the following
amendments to the Downtown Dublin Specific Plan:
Page 43, Table 3-1: Land Uses, shall be amended as follows: (Only the amended sections of the
table are shown here. All other sections of Table 3.1 remain the same)
BUILDING USES 1 RETA I L
DISTRIC
T
TRA NSIT -
ORIENTE
D DISTRIC
T
V I LLA GE
PARK WA
Y DISTRIC
T
Outdoor Live Entertainment ZC/MUP ZC/MUP ZC/MUP
Dining and/or Indoor Allowed Allowed Allowed
18
Page 3 of 4
Reso. No. XX-25, Item X.X, Adopted XX/XX/25
Entertainment
Indoor Recreation ZC /MUP ZC /MUP ZC /MUP
Page 44, Section 3.4.4 Outdoor Live Entertainment to read as follows:
3.4.4 Dining and/or Indoor Entertainment
Any dining establishment that provides alcohol and/or that provides indoor live entertainment as
well as entertainment venues such as movie theaters, performance halls, etc.
Page 45, add new Section 3.4.17 Outdoor Live Entertainment to read as follows:
3.4.17 Outdoor Live Entertainment
Any live entertainment that occurs in outdoor areas, not within a fully enclosed permanent
structure, associated with Outdoor Dining. This includes live music or amplified sound.
PASSED, APPROVED, AND ADOPTED this ____day of _____, 2025 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
19
Attachment 3
Exhibit B to Resolution
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 5
ORDINANCE NO. XX-25
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE CHAPTER 8.08
(DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND),
CHAPTER 8.116 (ZONING CLEARANCE), AND THE ADDITION OF CHAPTER 8.41 (OUTDOOR
LIVE ENTERTAINMENT) TO ADD OUTDOOR LIVE ENTERTAINMENT AS AN ALLOWED USE
AND ESTABLISH DEVELOPMENT STANDARDS
(PLPA-004212-2025)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City’s overarching goal of the Downtown Dublin Specific Plan (DDSP) "to create a vibrant,
dynamic commercial and mixed-use center that provides a wide array of opportunities for
shopping, services, dining, working, living, and entertainment in a pedestrian -friendly and
aesthetically pleasing setting that attracts both local and regional residents .” To achieve this goal,
the City occasionally initiates amendments to the Dublin Municipal Code.
B. Staff has initiated amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12
(Zoning Districts and Permitted Uses of Land), to add Outdoor Live Entertainment as an allowed
use. In addition, a new Chapter 8.41 (Outdoor Live Entertain ment) is proposed to be added to
establish development standards for Outdoor Live Entertainment, and Chapter 8.116 (Zoning
Clearance). The proposed amendments (the “Project”) would allow Outdoor Live Entertainment
with a zoning clearance to support live outdoor entertainment opportunities in the Downtown.
C. The Planning Commission held a duly noticed public hearing on November 19, 2025, during which
all interested persons were heard, and adopted Resolution No. _____ recommending that the City
Council approve the Project.
D. A Staff Report was submitted to the Dublin City Council recommending approval of the Project.
E. The City Council held a public hearing on ______, at which time all interested persons had an
opportunity to be heard.
F. Proper notice of said hearing was given in all respects as required by law.
G. The City Council did hear and consider all said reports, recommendation s, and testimony set forth
above and used its independent judgement to evaluate the Project.
SECTION 2. FINDINGS
20
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 5
A. Pursuant to Dublin Municipal Code Section 8.120.050.B., the City Council hereby finds that the
Project is consistent with the General Plan and Downtown Dublin Specific Plan in that the
proposed Zoning Ordinance Amendments are necessary to provide clarity and internal
consistency within the Zoning Ordinance and to implement the Specific Plan’s goal of fostering a
vibrant, mixed-use downtown environment. The amendments establish clear definitions,
permitting procedures, and development standards for Outdoor Live Enter tainment within the
Downtown Dublin Zoning District, ensuring that such uses are appropriately regulated, compatible
with surrounding uses, and compliant with applicable Building, Fire, and Noise Ordinance
requirements.
B. The California Environmental Quality Act (“CEQA”), together with the 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 Ci ty Council finds
that the Project is 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. The amendments only c larify and update existing regulations and do
not allow new physical development or intensify existing uses. Future projects will remain subject
to permitting processes, including compliance with the noise ordinance and other applicable
standards. Therefore, the proposed action is not subject to CEQA review.
SECTION 3. AMENDMENT TO SECTION 8.08.020
Dublin Municipal Code Section 8.08.020 is amended to add the following definition to the list: :
Outdoor Live Entertainment (use type). The term Outdoor Live Entertainment shall mean live
entertainment that occurs in outdoor areas, not within a fully enclosed permanent structure,
associated with Outdoor Dining. This includes live music or amplified sound.
SECTION 4. AMENDMENT TO SECTION 8.12.050
The table headed “Commercial Use Types” in Dublin Municipal Code Section 8.12.050 is amended to
add the following row and accompanying note:
SECTION 5.
ADDITION OF CHAPTER 8.41
COMMERCIAL
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Outdoor Live
Entertainment 8
- -
- - - -
- - - - -
8 Permitted with a Zoning Clearance or Minor Use Permit in the Downtown Dublin Zoning Districts
only.
21
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 3 of 5
Chapter 8.41, entitled Outdoor Live Entertainment, is hereby added to read as follows:
Chapter 8.41
OUTDOOR LIVE ENTERTAINMENT
8.41.010 Purpose.
The purpose of this Chapter is to provide procedures and standards to encourage and facilitate the
establishment of Outdoor Live Entertainment.
8.41.020 Intent.
The intent of this Chapter:
A. Allow for the safe and appropriate use of the outdoor dining area in which the outdoor live
entertainment is located.
B. Support the principles of the Downtown Dublin Specific Plan to encourage a mix of
complementary land uses including entertainment.
C. Ensure the outdoor live entertainment does not negatively impact traffic or parking facilities
in the neighborhood or shopping center.
D. Ensure compliance with all Building and Fire Code regulations for the use, occupancy type
and accessibility.
E. Reduce the potential for noise impacts from Outdoor Live Entertainment.
F. Establish development standards and regulations for the siting of Outdoor Live Entertainment
within the City and verify compliance with the Outdoor Seating Design Guidelines.
8.41.030 Development Standards and Regulations.
Outdoor Live Entertainment shall comply with the following requirements:
A. Permitted Areas. Outdoor Live Entertainment is permitted in an approved Outdoor Dining area.
B. Permitted Days and Hours.
Sunday through Thursday 10am – 8pm
Friday and Saturday 10am – 10pm
C. Amplified Sound. Sound-amplifying equipment shall be limited to music, human speech, or both
and be compliant with Dublin Municipal Code Section 5.28 (Noise).
8.41.040 Permitting Procedure.
A. Zoning Clearance. A proposed Outdoor Live Entertainment shall be approved ministerially with a
Zoning Clearance and without discretionary review or a public hearing if it meets the following
standards:
1. Meets all Development Standards and Regulations under Section 8.41.030.
2. Located within an area designated for outdoor dining.
3. Meets all Building and Fire Code regulations for the use, occupancy type and accessibility for
persons with disabilities.
4. The facility qualifies for an exemption for environmental review under the California
Environmental Quality Act (CEQA).
22
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 4 of 5
A Zoning Clearance form shall document the compliance of the Outdoor Live Entertainment with the
above requirements and shall be kept on file in the Community Development Department for the
duration of the operation of the Outdoor Live Entertainment.
B. Minor Use Permit. A proposed Outdoor Live Entertainment that does not meet the requirements for
approval by zoning clearance under subsection A of this section shall require approval of a Minor Use
Permit under Chapter 8.102 (Minor Use Permit).
SECTION 6. AMENDMENT TO SECTION 8.116.020
Dublin Municipal Code Section 8.116.020 is amended to add the following subsection :
N. Outdoor Live Entertainment. Outdoor Live Entertainment that meets the standards specified in
Chapter 8.41 (Outdoor Live Entertainment).
SECTION 7. AMENDMENT TO SECTION 8.116.030
Dublin Municipal Code Section 8.116.030 is amended to add the following subsection :
L. Outdoor Live Entertainment. If the Zoning Clearance is for Outdoor Live Entertainment, the
Applicant shall submit a “Zoning Clearance for Outdoor Live Entertainment” form along with such
information requested on said form.
SECTION 8. AMENDMENT TO SECTION 8.116.040
Dublin Municipal Code Section 8.116.040 is amended to add the following subsection :
L. Outdoor Live Entertainment. All requests for Outdoor Live Entertainment shall be reviewed for
compliance with Chapter 8.41 (Outdoor Live Entertainment). The zoning clearance approval for
Outdoor Live Entertainment shall be a completed “Zoning Clearance for Outdoor Live Entertainment”
application form and any pertinent attachments as required on the form with the date and signature of
the Community Development Director or his/her designee.
SECTION 9. AMENDMENT TO SECTION 8.116.050
Dublin Municipal Code Section 8.116.050 is amended to add the following subsection:
L. Outdoor Live Entertainment. A Zoning Clearance issued for Outdoor Live Entertainment shall
expire when the use is no longer operational.
SECTION 10. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public
spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of
California.
SECTION 11. EFFECTIVE DATE
This Ordinance shall take effect 30 days following its adoption.
23
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 5 of 5
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this ___ day of
__________ 2025, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________
City Clerk
24
Attachment 4
Table 1 Outdoor Entertainment Regulations: Regional Comparison
Jurisdiction Planning Permit
Required
Zoning
District/Ar
ea)
Hours of Operation Noise Regulations
Pleasanton Temporary Use
Permit (TUP) or
Conditional Use
Permit (CUP) via
Planning
Commission or
Zoning
Administrator if
pre-existing CUP
Downtown Outdoor entertainment/music
shall be permitted as a special
downtown accessory use until
9:00 p.m. each day. Both indoor
and outdoor entertainment and
music need to meet Downtown
Hospitality Guidelines. If the
applicant requests to deviate from
these guidelines, a CUP or TUP
shall be required.
Noise level shall not exceed 70 dBA measured at
business property line.
San Ramon TUP or Minor
Use Permit
(MUP) via Zoning
Administrator or
Planning
Commission
Mixed
Use and
City
Center
Mixed
Use
Zones
Conditions of Approval are
specific to the type of
entertainment approved, shall
address hours of operations.
General noise ordinance: The operation of sound-
amplifying equipment shall occur only between the
hours of 8:00 a.m. and 10:00 p.m. each day. No
operation of sound-amplifying equipment
for commercial purposes is permitted on Saturdays
and Sundays or legal holidays. Sound-amplifying
equipment may not be operated within two
hundred feet of a church, school, hospital,
or city or county building, except under the
direction of such church, school, hospital, or city or
county building.
Danville TUP or CUP by
Chief of Planning
or Planning
Commission
Downtown
Business
District
Per TUP or CUP Any proposed outdoor music and entertainment
may not be amplified without review and approval
from the Chief of Planning.
Amplified music: Amplified outdoor music may be
allowed under a permit for a special event/TUP. A
maximum of 3 events a year are allowed.
Limited to a 100-foot radius of property and
ancillary to Outdoor Dining.
25
Table 1 Outdoor Entertainment Regulations: Regional Comparison
Jurisdiction Planning Permit
Required
Zoning
District/Ar
ea)
Hours of Operation Noise Regulations
Livermore TUP Citywide Per TUP General noise ordinance: The creation of any
excessive noise on any street adjacent to any
school, institution of learning, church or court while
the same is in use, or adjacent to any hospital,
which noise unreasonably interferes with the
workings of such institution, or which disturbs or
unduly annoys patients in the hospital is prohibited,
provided conspicuous signs are displayed in such
streets, indicating that the streets are adjacent to a
school, hospital or court. Radio, phonographs,
musical instruments, and similar devices are
restricted from 11:00 p.m. and 7:00 a.m. in such
manner as to be plainly audible at a distance of
either 75 feet from the source of the noise, or the
property line, whichever is greater
Concord Entertainment
Permit or Special
Event Permit
Citywide Per TUP Applied through and reviewed by the Chief of
Police.
Walnut
Creek
Operator Permit Downtown
Per Operator Permit Outdoor Dining Program dictates permitted uses in
the outdoor dining space and standards for
managing operations. Outside of residential areas,
a permit shall be granted only for broadcast during
the hours of 8:00 a.m. and 9:00 p.m. on weekdays,
weekends and holidays but such amplification shall
not be plainly audible from a distance of more than
50 feet from the source of such amplification.
Mountain
View
Permitted within
Downtown only
Castro
pedestrian
mall and
greater
11:00 a.m. – 8:00 p.m. No amplified sounds, limited to outdoor patio area
and cannot exceed 50 square feet. Not permitted
on sidewalks.
26
Table 1 Outdoor Entertainment Regulations: Regional Comparison
Jurisdiction Planning Permit
Required
Zoning
District/Ar
ea)
Hours of Operation Noise Regulations
downtown
area
Alameda
County
TUP Citywide 7:00 a.m. – 11:00 p.m. General noise ordinance: Loudspeakers and
amplified music limited between 7:00 a.m. – 11:00
p.m.
Pleasant Hill TUP or CUP Allowed in
the Retail
Business
(RB zone
only.
Prohibited
in other
zones.
9: 00 a.m. – 10:00 p.m., but not
allowed on Sundays or legal
holidays without permission from
City
Limited to 60 dBA 50 feet from property line. Sound
-amplifying equipment may not be operated within
200 feet of a church, school, hospital, city or
county building, except under the direction of such
church, school, hospital, city or county building.
San
Francisco
TUP, Fixed Place
Outdoor Amplified
Sound, Limited
Live Performance
Citywide LLP - 9:00am - 10pm or 11pm
daily depending on zoning district
OAS - 9:00 a.m. – 10:00 p.m.
LLP is for businesses where entertainment is a
secondary use for the business (e.g. restaurant
with live music).
Live music performance is not allowed with the
Fixed Place Outdoor Amplified Sound permit.
Noise ordinance: Hours of operation of outdoor
Amplified Sound Equipment shall be no earlier
than 9:00 a.m. and no later than 10:00 p.m . The
volume of outdoor sound shall be controlled so that
it will not be audible for a distance in excess of 250
feet from the property line of the Business or
premises or from the periphery of the attendant
audience
Menlo Park TUP or CUP Citywide Per CUP Per CUP.
27
Table 1 Outdoor Entertainment Regulations: Regional Comparison
Jurisdiction Planning Permit
Required
Zoning
District/Ar
ea)
Hours of Operation Noise Regulations
Redwood
City
TUP Citywide Per TUP Per TUP.
Napa CUP Downtown CUP assumes hours of 9:00 a.m.
– 9:00 p.m. (extensions beyond
9:00 p.m. may be granted through
the CUP
Unless otherwise specified by the CUP, the noise
level shall not exceed 67 dBA or less at the
property line and less than 55 dBA and 65 dBA at
the property line of a property designated single-
family or multi-family use.
28
Attachment 5
DDSP Amendments and Dublin Municipal Code Amendments Redlined Pages
AMENDMENTS TO DOWNTOWN DUBLIN SPECIFIC PLAN
3.4
Table 3-1: Land Uses
Building Uses1 Retail District Transit-Oriented
District
Village Parkway
District
Outdoor Live
Entertainment
ZC/ MUP ZC/MUP ZC/ MUP
Dining and/or Indoor
Entertainment
Allowed Allowed Allowed
Indoor Recreation ZC /or MUP/ZA ZC /or MUP/ZA ZC /or MUP/ZA
3.4.4 Dining and/or Indoor Entertainment
Any dining establishment that provides alcohol and/or that provides indoor live
entertainment as well as entertainment venues such as movie theaters, performance
halls, etc.
3.4.17 Outdoor Live Entertainment
Any live entertainment that occurs in outdoor areas, not within a fully enclosed
permanent structure, associated with Outdoor Dining. This includes live music or
amplified sound.
29
2
AMENDMENTS TO CHAPTER 8 (ZONING ORDINANCE)
Chapter 8.08
DEFINITIONS
8.08.020 Definitions (A-Z).
…
Outdoor Live Entertainment (use type). The term Outdoor Live Entertainment shall
mean live entertainment that occurs in outdoor areas, not within a fully enclosed
permanent structure, associated with Outdoor Dining. This includes live music or
amplified sound.
…
Chapter 8.12
ZONING DISTRICTS AND PERMITTED USES OF LAND
8.12.050 Permitted and Conditionally Permitted Land Uses.
…
8 Permitted with a Zoning Clearance or Minor Use Permit in the Downtown Dublin Zoning
Districts only.
…
Chapter 8.41
Outdoor Live Entertainment
8.41.010 Purpose.
The purpose of this Chapter is to provide procedures and standards to encourage and
facilitate the establishment of Outdoor Live Entertainment.
8.41.020 Intent.
COMMERCIAL
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Outdoor Live
Entertainment 8
- -
- - - -
- - - - -
30
3
The intent of this Chapter:
A. Allow for the safe and appropriate use of the outdoor dining area in which the outdoor
live entertainment is located.
B. Support the principles of the Downtown Dublin Specific Plan to encourage a mix of
complementary land uses including entertainment.
C. Ensure the outdoor live entertainment does not negatively impact traffic or parking
facilities in the neighborhood or shopping center.
D. Ensure compliance with all Building and Fire Code regulations for the use, occupancy
type and accessibility.
E. Reduce the potential for noise impacts from Outdoor Live Entertainment.
F. Establish development standards and regulations for the siting of Outdoor Live
Entertainment within the City and verify compliance with the Outdoor Seating Design
Guidelines.
8.41.030 Development Standards and Regulations.
Outdoor Live Entertainment shall comply with the following requirements:
A. Permitted Areas. Outdoor Live Entertainment is permitted in approved Outdoor
Dining areas located in the Downtown Dublin Zoning Districts.
A. Permitted Days and Hours.
Sunday through Thursday 10am – 8pm
Friday and Saturday 10am – 10pm
B. Amplified Sound. Sound-amplifying equipment shall be limited to music, human
speech, or both and be compliant with Dublin Municipal Code Section 5.28 (Noise).
8.41.040 Permitting Procedure.
A. Zoning Clearance. A proposed Outdoor Live Entertainment shall be approved
ministerially with a Zoning Clearance and without discretionary review or a public
hearing if it meets the following standards:
1. Meets all Development Standards and Regulations under Section 8.41.030.
2. Located within an area designated for outdoor dining.
3. Meets all Building and Fire Code regulations for the use, occupancy type and
accessibility for persons with disabilities.
4. The facility qualifies for an exemption for environmental review under the
California Environmental Quality Act (CEQA).
31
4
A Zoning Clearance form shall document the compliance of the Outdoor Live
Entertainment with the above requirements and shall be kept on file in the Community
Development Department for the duration of the operation of the Outdoor Live
Entertainment.
B. Minor Use Permit. A proposed Outdoor Live Entertainment that does not meet the
requirements for approval by zoning clearance under subsection A of this section shall
require approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit).
Chapter 8.116
ZONING CLEARANCE
8.116.020 Applications Requiring a Zoning Clearance.
…
N. Outdoor Live Entertainment. Outdoor Live Entertainment that meets the standards
specified in Chapter 8.41 (Outdoor Live Entertainment).
8.116.030 Application.
…
L. Outdoor Live Entertainment. If the Zoning Clearance is for Outdoor Live
Entertainment, the Applicant shall submit a “Zoning Clearance for Outdoor Live
Entertainment” form along with such information requested on said form.
8.116.040 Approval.
…
L. Outdoor Live Entertainment. All requests for Outdoor Live Entertainment shall be
reviewed for compliance with Chapter 8.41 (Outdoor Live Entertainment). The zoning
clearance approval for Outdoor Live Entertainment shall be a completed “Zoning
Clearance for Outdoor Live Entertainment” application form and any pertinent
attachments as required on the form with the date and signature of the Community
Development Director or his/her designee.
8.116.050 Expiration of Zoning Clearance.
…
L. Outdoor Live Entertainment. A Zoning Clearance issued for Outdoor Live
Entertainment shall expire when the use is no longer operational.
32
From:Monique
To:Jennifer Byous; Sherry Hu; Jean Josey; City Council - COVID-19 Information Hub; Amy Million
Subject:URGENT OPPOSITION: Live Outdoor Music Proposal and Chronic Noise/Vandalism near Village Pkwy
Date:Saturday, November 8, 2025 2:56:54 PM
You don't often get email from foreverpresent@comcast.net. Learn why this is important
CAUTION: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear Honorable Mayor Sherry Hu and Members of the Dublin City Council, I am writing to express
my, strong and formal opposition to the proposed ordinance that would allow live outdoor music in
Dublin neighborhoods from 10:00 am until 10:00 pm. This proposal will severely compromise the
peace and health of residents in the Village Parkway/Amador Valley area by eliminating the few
quiet hours we currently experience. My household, and others nearby, are already coping with
chronic and debilitating noise issues—including late-night deliveries, industrial bass noise, excessive
light pollution, and repeated vandalism in the creek area. The attached Statement of Concern details
these existing conditions and urges the City to reject the new music proposal and take immediate
action on existing issues, including the feasibility of a noise barrier and the management of the creek
area. I request that this statement be officially entered into the public record for all relevant City
Council and Planning discussions regarding this proposal. Thank you for prioritizing the repose and
health of your residents.
Sincerely,
Monique Richardson, Long time, Dublin Resident
November 8, 2025
Statement of Concern Regarding Noise and Proposed Live
Outdoor Music in Dublin Neighborhood
To the Dublin City Council/Relevant Planning Department,
I am writing to express my strong opposition to the new city proposal that would allow live
outdoor music in our neighborhood from 10 am – 8 pm on Sunday-Thursday, and from 10 am
until 10 pm on Fri-Sat. This proposal will significantly exacerbate the already unacceptable
noise pollution issues we face daily.
The current noise levels in our area are already extremely detrimental to residents' quality of
life/rest, and the only hours we experience any reprieve are a brief window in the early
evening hours.
The existing noise problems include:
Late Night/Early Morning Noise: Quiet time is immediately disrupted when
deliveries start, often beginning around 2:00 AM and going on until 7 am several days a
week. There is also a loud, continuous humming sound that we are led to believe is the
HVAC system on top of the hardware building, which persists through the late
Attachment 6
33
evening hours until morning. On occasion it is not heard and we get a peaceful night of
sleep.
Daytime/Evening Disturbances: Throughout the day and evening, there are children
present—from daycare or private activities—either screaming or doing martial arts in
the area behind our building. There is also a car stereo store that cranks up the bass
around 3 pm, which not only hurts our ears but also makes our house vibrate. And a
street sweeper and leaf blower that begins behind the building before 7 am. It used to
be just on Friday mornings along with the garbage trucks, but now it happens at least
twice a week.
Creek Area Issues: We are experiencing more and more frequent noise and teenage
vandalism in the creek and the area behind the Ace Hardware building. Fireworks, fires
being set, cars driving loudly and fast, and teenagers screaming.
Light Pollution: With all these new stores and developments, excessive lighting has
also come, which is so bright that it lights up our bedroom.
The introduction of live outdoor music would eliminate the few quiet hours we currently have,
turning an already disruptive environment into one of constant, unbearable noise.
I urge the City to consider effective mitigation measures for the existing issues and to reject
the proposal for live outdoor music.
Furthermore, I request clarification and action regarding:
Noise Barrier Construction: I do not understand why a noise-proof wall cannot be
constructed outside of the property owners' building to mitigate the existing and
anticipated noise issues.
Creek Ownership and Management: I believe the creek must be owned by Dublin,
and therefore its maintenance and the control of anti-social behavior/vandalism within
its vicinity should be managed by the City to restore quiet and safety to the area, which
a wall could help tremendously.
I urge the City to prioritize the peace, repose, and health of its residents by rejecting this new
noise source and taking immediate, effective action on the current, chronic noise issues.
I have asked you for years to assist us in some way, and I would really appreciate your
consideration in preventing this new proposal from happening at least near Village Parkway
and Amador Valley. We have contemplated moving for years, but Dublin is our home, and
due to chronic health issues, it would not be easy for me to find a new home to live in that
would not adversely affect me. We have created a safe space for me here in this house and fear
losing it.
Thank you,
Monique Richardson
34
STAFF REPORT
Planning Commission
Page 1 of 4
Agenda Item 6.2
DATE: November 19, 2025
TO: Planning Commission
SUBJECT:
Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) (PLPA-
004290-2025)
Prepared by: Amy Million, Assistant Community Development Director
EXECUTIVE SUMMARY:
The Planning Commission will consider and make a recommendation to the City Council
regarding City-initiated amendments to the Zoning Ordinance to bring greater clarity and
consistency to existing regulations. Amendments are proposed to Dublin Municipal Code
Chapter 8.84 (Sign Regulations) to address the direction from City Council to amend the
regulation of Temporary Non-Commercial Signs and staff-initiated amendments for minor
cleanups. The Planning Commission will also consider and make a recommendation to the
City Council regarding an exemption from the requirements of the California Environmental
Quality Act.
STAFF RECOMMENDATION:
Conduct a public hearing, deliberate, and adopt the Resolution recommending City Council
approval of amendments to Dublin Municipal Code Chapter 8.84 (Sign Regulations).
DESCRIPTION:
Background
The Dublin Municipal Code (DMC) classifies temporary political campaign signs as “Temporary
Non-Commercial Signs”. Temporary Non-Commercial Signs are signs for short-term display
that do not include a “Commercial Message,” such as signs that reference activities conducted
by nonprofit organizations, clubs, groups, or associations, including political campaigns.
These signs are regulated by DMC Section 8.84 (Exempt Signs) and they are exempt from a
sign permit provided they comply with the following (DMC Section 8.84.140.K):
1. Be displayed for no more than 60 consecutive calendar days
2. Be placed on private property.
3. Be no more than 16 square feet per side in area per individual sign and up to 80 square
feet of maximum aggregate area per lot.
4. Not be placed within the public right-of-way or within 660 feet of and visible from the
right-of-way of Interstate 580 or Interstate 680.
35
Page 2 of 4
On September 2, 2025, the City Council discussed the regulation and enforcement of
temporary political campaign signs (Attachment 3). In response to that discussion, the City
Council directed Staff to prepare the following amendments to the regulation of Temporary
Non-Commercial Signs: 1) require such signs to be removed within 7 days following the
conclusion of the event; 2) require a completion of a property owner consent form for
placement of signs on private property; and 3) implement a sign retrieval fee.
In addition, Staff is proposing other minor amendments to the Sign Regulations to clarify
certain provisions to ensure that the Sign Regulations remain internally consistent, simple to
understand and implement, and relevant to changes occurring in the community.
Analysis
City Council Initiated Amendments
The following is an overview of the proposed amendments to the regulation of Temporary Non-
Commercial Signs as directed by the City Council:
8.84.140 Exempt Signs
Section 8.84.140.K would be amended to limit the display of Temporary Non-Commercial
Signs to a maximum period of 60 consecutive calendar days and to remove the sign within
seven days following the conclusion of the event, whichever occurs first. This section would
also be amended to clarify that the property owner’s written permission is required to place a
sign on private property.
8.84.270 Illegal Signs - Summary Removal
The process for removal and the associated cost of removal is provided in Section 8.84.270.
The modification clarifies that illegal signs which are removed will be stored f or 15 days and
clarifies the party responsible for the costs associated with the removal.
Staff Initiated Amendments
The following provides an overview of the proposed amendments to the Sign Regulations
initiated by Staff:
Section 8.84.050 Signs Subject to Permits
As part of the 2021 amendments to the Sign Ordinance, Section 8.84.050.O.2 related to
banner signs was updated; however, an important phrase clarifying that one sign is allowed in
the frontage landscaping was removed leaving some ambiguity. The DMC allows up to two
temporary banner signs per business; one sign may be on the building, and one may be in the
landscape along the street frontage. The proposed amendment adds the omitted language
regarding allowing the sign in the frontage landscape.
8.84.120 Freestanding Sign General Regulations
The regulation of Freestanding Signs is included in Section 8.84.120 of the Sign Regulations.
Section 8.84.040 (Matrix B) provides a quick guide to the development regulations for signs
within the Chapter. In 2021, the City Council adopted a comprehensive update to the Sign
36
Page 3 of 4
Regulations which inadvertently resulted in an inconsistency between Matrix B and Section
8.84.120.D related to freestanding signs. The proposed amendment is to align the two code
sections and clarify that one freestanding sign per parcel is allowed and that two or more
freestanding signs requires a master sign program.
8.84.140 Exempt Signs
No text changes to Subsections H (Real Estate Signs) and I (Real Estate Directional Signs)
are proposed but they would be reordered to be in alphabetical order consistent with the
remaining subsections. Real Estate Signs would become Subsection I and Real Estate
Directional Signs Subsection H.
Section 8.84.170 Application-Contents
The amendment to this section is reflective of the City’s transition to the permitting system,
EnerGov, that removed the requirement for property owner’s signature on most sign
applications.
A draft Planning Commission Resolution recommending City Council approval of the proposed
amendments is included as Attachment 1 with the draft Ordinance included as Attachment 2. A
redlined version of the proposed changes to the Sign Regulations is included as Attachment 4
where underlined text is proposed to be added and text with a strikethrough is proposed to be
deleted.
Consistency with the General Plan, Specific Plans, and Zoning Ordinance
The Zoning Ordinance Amendments are consistent with the Dublin General Plan and all
applicable Specific Plans in that the amendments are consistent with applicable land use
regulations and development policies. The amendments also include minor revisions for
internal consistency within the Zoning Ordinance.
ENVIRONMENTAL DETERMINATION:
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 proposed Zoning
Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA
Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments will have a significant effect on the environment and are not
subject to CEQA review.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and posted
at several locations throughout the City. Additionally, the Planning Commission Agenda was
posted.
37
Page 4 of 4
ATTACHMENTS:
1) Planning Commission Resolution Recommending City Council Approval of Amendments to
Dublin Municipal Code Chapter 8.84 (Sign Regulations)
2) Exhibit A to Resolution – City Council Ordinance Approving Amendments to Dublin
Municipal Code Chapter 8.84 (Sign Regulations)
3) City Council Staff Report dated September 2, 2025
4) Redlined Zoning Ordinance Amendments
38
Attachment 1
Reso. No. 25-XX, Item X.X, Adopted XX/XX/2025 Page 1 of 2
RESOLUTION NO. 25 – XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN MUNICIPAL
CODE CHAPTER 8.84 (SIGN REGULATIONS)
(PLPA-004290-2025)
WHEREAS, the City occasionally initiates amendments to the Dublin Municipal Code to
clarify, add, or amend certain provisions to ensure that it remains internally consistent, simple to
understand and implement, and relevant to changes occurring in the community ; and
WHEREAS, Staff has initiated amendments to Dublin Municipal Code Chapter 8.84 (Sign
Regulations). The proposed amendments (the “Project”) would bring greater clarity and consistency to
existing regulations; and On September 2, 2025, the City Council discussed the regulation and
enforcement of temporary political campaign signs and directed Staff to prepare the following
amendments to the regulation of Temporary Non-Commercial Signs: 1) require such signs to be
removed within 7 days following the conclusion of the event; 2) require a property owner consent
form for placement of signs on private property; and 3) implement a sign retrieval fee. In addition,
Staff initiated amendments to Dublin Municipal Code Chapter 8.84 (Sign Regulations). The
proposed amendments (the “Project”) would bring greater clarity and consistency to existing
regulations; and
WHEREAS, the California Environmental Quality Act (“CEQA”), together with the State
Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain project s be
reviewed for environmental impacts and that environmental documents be prepared; and
WHEREAS, the Planning Commission recommends that the City Council find the Project
exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the
Project would not result in any physical changes and it can be seen with certainty that there is no
possibility that the Project would have a significant effect on the environment and is not subject to
CEQA review; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 19,
2025, during which all interested persons were heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report dated November 19, 2025, was submitted to the Dublin
Planning Commission recommending approval of the proposed amendments to Dublin Municipal
Code Chapter 8.84 (Sign Regulations); 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 recommendations.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
39
Reso. No. 25-XX, Item X.X, Adopted XX/XX/2025 Page 2 of 2
BE IT FURTHER RESOLVED that the City of 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 19th day of November 2025, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST:
______________________________________
Assistant Community Development Director
40
Attachment 2
Exhibit A to Resolution
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 3
ORDINANCE NO. XX - 25
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.84 (SIGN
REGULATIONS)
(PLPA-004290-2025)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City occasionally initiates amendments to the Dublin Municipal Code to clarify, add, or amend
certain provisions to ensure that it remains internally consistent, simple to understand a nd
implement, and relevant to changes occurring in the community.
B. On September 2, 2025, the City Council discussed the regulation and enforcement of temporary
political campaign signs and directed Staff to prepare the following amendments to the regulation
of Temporary Non-Commercial Signs: 1) require such signs to be removed within 7 days following
the conclusion of the event; 2) require a property owner consent form for placement of signs on
private property; and 3) implement a sign retrieval fee. In addition, Staff initiated amendments to
Dublin Municipal Code Chapter 8.84 (Sign Regulations). The proposed amendments (the
“Project”) would bring greater clarity and consistency to existing regulations.
C. The Planning Commission held a duly noticed public hearing on November 19, 2025, during which
all interested persons were heard, and adopted Resolution No. _____ recommending that the City
Council approve the Project.
D. A Staff Report was submitted to the Dublin City Council recommending approval of the Project.
E. The City Council held a public hearing on ______, at which tim e all interested persons had an
opportunity to be heard.
F. Proper notice of said hearing was given in all respects as required by law.
G. The City Council did hear and consider all said reports, recommendation s, and testimony set forth
above and used its independent judgement to evaluate the Project.
SECTION 2: FINDINGS
A. Pursuant to Dublin Municipal Code Section 8.120.050.B., the City Council hereby finds that the
Project is consistent with the General Plan in that the proposed Zoning Ordinance Amendments
are necessary to provide clarity to existing regulations and internal consistency of the Zoning
Ordinance.
41
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 3
B. The California Environmental Quality Act (“CEQA”), together with the 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 finds
that the Project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section
15061(b)(3) as the Project would not result in any physical changes and it can be seen with
certainty that there is no possibility that the Project would have a significant effect on the
environment and is not subject to CEQA review.
SECTION 3: AMENDMENTS TO CHAPTER 8.84
Dublin Municipal Code Section 8.84.050.O.2. is amended to read as follows:
O.2. Banner Signs. Up to two (2) Banner Signs are permitted pursuant to a Zoning Clearance
and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per
permit. A minimum waiting period of forty-two (42) consecutive calendar days between displays is
required. A Banner Sign shall not be larger than sixty (60) square feet in size and shall not be
located so that it is higher than the eave of the structure in which the business is located. One (1)
Banner Sign may be displayed on a tenant’s building fr ontage and one (1) Banner Sign may be
displayed on the street frontage. If there is more than one street frontage, one (1) Banner Sign
may be displayed on each street frontage (in lieu of the building frontage), up to two (2) street
frontages, if the Banner Signs are at least two hundred (200) feet apart.
Dublin Municipal Code Section 8.84.120.D. is amended to read as follows:
(D) Main Entrance Proximity. Freestanding Signs shall be permitted at two (2) or more of the
main entrances pursuant to a Master Sign Program.
Dublin Municipal Code Section 8.84.140 Subsections H (Real Estate Signs) and I (Real Estate
Directional Signs) are reordered to be in alphabetical order.
Dublin Municipal Code Section 8.84.140.K is amended to read as follows:
K. Temporary Non-Commercial Signs. Temporary Non-Commercial Signs provided they
comply with all the following:
1. Be displayed for no more than sixty (60) consecutive calendar days.
2. Be removed within seven (7) days following the conclusion of the event that is the subject
of the sign.
3. Be placed on private property with the property owner’s written permission.
4. Be no more than sixteen (16) square feet per side in area per individual sign and up to
eighty (80) square feet of maximum aggregate area per lot.
5. Not be placed within the public right-of-way or within six hundred sixty (660) feet of and
visible from the right-of-way of Interstate 580 or Interstate 680.
Dublin Municipal Code Section 8.84.170 is amended to read as follows:
Application for a permit shall be filed on a form furnished by the Department of Community
Development and shall include other information determined by the Community Development
Director.
42
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 3 of 3
Dublin Municipal Code Section 8.84.270 subsection E is amended to read as follows:
E. Each person who erects a sign, which is subject to removal under this section, is jointly and
severally liable for the cost of removal. Temporary Non-Commercial signs removed from the
public right-of-way shall be stored for a minimum of fifteen (15) days. The person responsible
for the Temporary Non-Commercial sign is responsible for costs associated with the removal
and storage. For the purpose of this section, the person responsible means the person that is
the subject of the event or activity displayed on the Temporary Non -Commercial sign.
SECTION 4. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public
spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of
California.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect 30 days following its adoption.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this ___ day of
__________ 2025, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________
City Clerk
43
STAFF REPORT
CITY COUNCIL
Page 1 of 5
Agenda Item 8.3
DATE: September 2, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Temporary Non-Commercial Signs Enforcement
Prepared by: Amy Million, Assistant Director of Community Development,
Marsha Moore, City Clerk, and Gregory Shreeve, Chief Building Official
EXECUTIVE SUMMARY:
The City Council will receive a report on the City’s regulation of political campaign signs and
potential amendments to strengthen the enforcement of those regulations. The City Council
requested this Report under Item 9 at the November 5, 2024, Regular City Council Meeting.
STAFF RECOMMENDATION:
Receive the report and direct Staff to implement a sign retrieval fee, adjust the sign display
time limit, and require a consent form for placement of signs on private property.
FINANCIAL IMPACT:
The financial impact of implementing the recommendations is anticipated to be minimal.
DESCRIPTION:
At the November 5, 2024 meeting, the City Council directed Staff to return with a report
regarding the City’s regulation of political signs, along with suggestions to strengthen the
enforcement of those regulations.
Background
The Dublin Municipal Code (DMC) classifies temporary political campaign signs as “Temporary
Non-Commercial Signs”. Temporary Non-Commercial Signs are signs for short-term display
that do not include a “Commercial Message,” such as signs that reference activities conducted
by nonprofit organizations, clubs, groups, or associations, including political campaigns. These
signs are exempt from a sign permit provided the responsible party has written permission
from the property owner and they comply with the following Sign Regulations (DMC Section
8.84.140.K):
127
Attachment 3
44
Page 2 of 5
1. Be displayed for no more than 60 consecutive calendar days.
2. Be placed on private property.
3. Be no more than 16 square feet per side in area per individual sign and up to 80
square feet of maximum aggregate area per lot.
4. Not be placed within the public right-of-way or within 660 feet of and visible from the
right-of-way of Interstate 580 or Interstate 680.
Staff actively seeks to educate political campaigns and encourage voluntary compliance with
the Sign Regulations. For instance, Staff holds a pre-candidate workshop prior to the start of
the nomination period and provides information about the Sign Regulations. Additionally, Staff
holds individual appointments with candidates to receive nomination papers and again share
information about the Sign Regulations.
Enforcement of the Sign Regulations occurs on both a proactive and reactive basis. Code
Enforcement Officers regularly canvass the City for code violations and remove signs in the
public right-of-way or those on private property that are in clear violation (e.g., too large).
Additionally, Staff is made aware of potential violations through citizen complaints received via
SeeClickFix, phone call, or email. In a typical election year, Code Enforcement removes
around 60 political signs from the public right-of-way. Last year, they collected two signs that
were larger and of a higher quality design that a candidate may want back; all other signs
collected were standard lawn signs. Code Enforcement documents the violation though the
creation of a code enforcement case and then typically discards the signs. The time associated
with removing illegal signs and the associated administrative tasks are handled through the
normal work of the existing Code Enforcement Officers and does not cost the City additional
funds. However, it does require the allocation of time that impacts other code enforcement
activities during active campaign periods.
The DMC permits the issuance of administrative citations for violations of the Sign
Regulations. However, it is often difficult to identify the individual responsible for a sign. While
signs often identify the name of a candidate, organization, or event, the signs may be installed
by third parties, such as supporters, volunteers, or opponents. As a result, the individual or
entity identified on the sign may not always be responsible for its placement. Enforcement
actions must be directed at the person or party in violation of the regulations. In short, this is
very difficult to prove so it has not been used as an enforcement tool.
On September 1, 2020, the City Council received a report on the City’s regulation and
enforcement practices pertaining to temporary political signs. At that time, the City Council
directed Staff not to amend the DMC as it pertains to the Sign Regulations, and to discard
signs that are removed from public property rather than storing them. The City Council further
directed Staff to utilize the administrative citation process in cases involving repeat violations.
Analysis
For reference, Staff researched examples of regulations related to political signs in other cities.
The following is a selection of what nearby cities are doing in terms of enforcing regulations:
12845
Page 3 of 5
City Fine or Fee? Procedures
Pleasanton Fee for the expense of
removal and storage, not
to exceed $5, unless
unusual effort is required.
Signs are collected and notice is provided to the
responsible party. Signs are held for at least 20
days. Payment of the fee is required to retrieve
the sign, or the City will bill the party responsible
if no return of the sign is requested.
Walnut
Creek
92.50 to retrieve sign,
based on City’s Fees and
Charges Schedule.
The City notifies the owner of the sign and
informs them of the procedure to retrieve the
sign. To retrieve the sign, the owner can pay the
fee. Signs not retrieved may be disposed of after
15 days.
Concord Storage fee of $30, as
determined by Master
Fees and Charges
Schedule.
Signs are collected and destroyed if not claimed
within 15 days. Any person claiming a sign
within the 15-day period is subject to a fee for
the cost of removal and storage. The Code also
allows penalties for violations of the section of
the code.
San Leandro Person responsible is
liable for the cost incurred
for removal of signs.
The City will give the responsible party a chance
to remove the sign first. The City also requires
the candidate/campaign to sign an agreement
that must be filed with the City Clerk two days
prior to installing signs.
The following Alameda County cities that responded to an inquiry do not have a fine or fee:
Livermore, Piedmont, Alameda, Hayward, and Union City. The City of Berkeley allows signs on
public property, so they are not included in the comparison.
In addition, the following cities require the party responsible for the sign to obtain permission
from the property owner before placing the sign on their property: Concord, San Leandro,
Walnut Creek, Albany, Alameda, Piedmont, and Pleasanton. Most cities operate on a
complaint basis and will contact the responsible party to obtain proof that permission was
received or tell the property owner to remove their sign if permission was not received.
Policy Considerations
The information below is presented for discussion purposes. Any modifications to the
regulation of Temporary Non-Commercial Signs would apply uniformly to all signs within this
category.
Fines and Fees
As discussed above, the City would likely face challenges in linking the cited individual or entity
to the specific sign violation. Therefore, the City may lack the legal basis to cite an individual or
entity. Based on this, Staff does not recommend assessing fines to candidates/campaigns
through the administrative citation process.
Alternatively, the City Council could consider implementing a fee to recover the costs
associated with collecting and storing signs that are displayed on public property. Staff would
12946
Page 4 of 5
store signs that are collected from public property for 15 days. During that time, candidates
could contact the City to retrieve their sign(s). The fee would be charged on a per sign basis to
candidates that choose to recover their signs. Staff estimates an average cost of $25 per sign
to perform this service.
Display Period
The current regulations limit the display for Temporary Non-Commercial Signs to a period of
no more than 60 consecutive calendar days. However, this is difficult to track because these
signs are exempt from permitting and Staff does not always know when they are first
displayed. Staff recommends amending the Sign Regulations to include an additional
requirement to limit the display to a maximum period of 60 consecutive calendar days and to
remove the sign within seven days following the conclusion of the event, whichever occurs
first.
Private Property Owner Authorization
As noted above, Temporary Non-Commercial Signs on private property do not require a sign
permit but do require the property owner’s written permission. To further strengthen this
requirement, Staff recommends creating an Owner Authorization Form for the responsible
party to use to document the property owner’s written permission to display a sign on their
property. If the City receives a complaint, Staff will contact the campaign and request a copy of
the property owner’s written permission. The property owner would be responsible for
removing signs from their property that are placed without their permission.
Other Improvements
In addition to implementing any direction provided by the City Council, Staff is already planning
to enhance the educational materials provided to candidates and outreach activities conducted
during campaign season. This includes the following:
Creating a Sign Placement Infographic: To further enhance proactive enforcement efforts, Staff
will update informational materials and graphics to clearly explain the permitted placement of
signs, especially where City right-of-way is adjacent to private property.
Conducting Additional Outreach: Staff will contact the Alameda County Registrar of Voters
Office and Secretary of State to obtain a list of non -City candidates and ballot measure
committees that overlap with the City limits that may be placing signs within the City.
Information about the City’s Sign Regulations will also be sent to those candidates and
committees.
Next Steps
Based on the City Council’s direction, Staff will prepare the appropriate regulations and
policies to implement that direction. Any amendments to the Sign Regulations require the
Planning Commission to review and make a recommendation to the City Council prior to
consideration by the City Council.
13047
Page 5 of 5
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
13148
Attachment 4
Chapter 8.84
SIGN ORDINANCE
Section 8.84.050 Signs Subject to Permits
O.2. Banner Signs. Up to two (2) Banner Signs are permitted pursuant to a Zoning
Clearance and may be placed on site for a maximum of twenty-one (21) consecutive
calendar days per permit. A minimum waiting period of forty-two (42) consecutive
calendar days between displays is required. A Banner Sign shall not be larger than sixty
(60) square feet in size and shall not be located so that it is higher than the eave of the
structure in which the business is located. One (1) Banner Sign may be displayed on a
tenant’s building frontage and one (1) Banner Sign may be displayed on the street
frontage. If there is more than one street frontage, one (1) Banner Sign may be
displayed on each street frontage (in lieu of the building frontage), up to two (2) street
frontages, if the Banner Signs are at least two hundred (200) feet apart.
Section 8.84.120 Freestanding Sign General Regulations
(D) Main Entrance Proximity. Freestanding Signs shall be permitted at one (1) two
(2) or more of the main entrances pursuant to a Master Sign Program.
8.84.140 Exempt Signs
H. I. Real Estate Signs
I. H. Real Estate Directional Signs
K. Temporary Non-Commercial Signs. Temporary Non-Commercial Signs
provided they shall comply with all the following:
1. Be displayed for no more than sixty (60) consecutive calendar days.
2. Be removed within seven (7) days following the conclusion of the event that is
the subject of the sign.
23. Be placed on private property with the property owner’s written permission.
34. Be no more than sixteen (16) square feet per side in area per individual sign
and up to eighty (80) square feet of maximum aggregate area per lot.
45. Not be placed within the public right-of-way or within six hundred sixty (660)
feet of and visible from the right-of-way of Interstate 580 or Interstate 680.
49
8.84.170 Application - Contents.
Application for a permit shall be filed on a made in writing upon forms furnished by the
Department of Community Development and shall include the property owner’s
signature authorizing the application, and other information determined by the
Community Development Director.
8.84.270 Illegal Signs - Summary Removal
E. Each person who erects a sign, which is subject to removal under this section, is
jointly and severally liable for the cost of removal. Temporary Non-Commercial signs
removed from the public right-of-way shall be stored for a minimum of fifteen (15) days.
The person responsible for the Temporary Non-Commercial sign is responsible for
costs associated with the removal and storage. For the purpose of this section, the
person responsible means the person that is the subject of the event or activity
displayed on the Temporary Non-Commercial sign.
50