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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 Regular Planning Commission Meetings will be livestreamed on the City's website beginning at 7:00 p.m. at www.dublin.ca.gov/planningmeetings. For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures: □ Fill out an online speaker slip available at https://dublin.ca.gov/83/Planning­ Commission. The speaker slip will be made available at 10:00 a.m. on the morning of the meeting. Upon submission, you will receive the Zoom link information. Speakers slips will be accepted until the public comment period ends, or until the public comment period on non-agenda items is closed. □ Once connected to the Zoom platform using the Zoom link information provided, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform. □ When the agenda item upon which the individual would like to comment is addressed, the recording secretary will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom. □ Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option. 1 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). 2 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). 3 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. 4 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 8 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. 9 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. 10 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 11 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 12 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 13 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 14 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 17 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