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HomeMy WebLinkAboutReso 25-04 Outdoor Live Entertainment PLPA-004212-2025Reso. No. 25-04, Item 6.1 Adopted 11/19/2025 Page 1 of 3 RESOLUTION NO. 25 04 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 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 Reso. No. 25-04, Item 6.1, Adopted 11/19/2025 Page 2 of 3 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 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 with an added recommendation that the Zoning Clearance include guidance to business owners on how to monitor and enforce existing city noise standards. Reso. No. 25-04, Item 6.1, Adopted 11/19/2025 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 19th day of November 2025, by the following vote: AYES: Badami, Han, Prasath, Rashid, Simuro NOES: ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ______________________________________ Assistant Community Development Director 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 , 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 Impact 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 , 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 , 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 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 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 Page 2 of 4 Reso. No. XX-25, Item X.X, Adopted XX/XX/25 , 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 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 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 , 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 Entertainment 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 , a Staff Report, dated ______, and incorporated herein by reference, described and analyzed the amendments, for the City Council; and 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 the City Council considered all above-referenced reports, recommendations, and testimony for the proposed DDSP Amendments. that the foregoing recitals are true and correct and made a part of this resolution. 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. 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) Page 3 of 4 Reso. No. XX-25, Item X.X, Adopted XX/XX/25 BUILDING USES 1 RETA I L DISTRIC T TRA NSIT - ORIENTED 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 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. this ____day of _____, 2025 by the following vote: ______________________________ Mayor ______________________________ City Clerk Attachment 3 Exhibit B to Resolution Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page of The Dublin City Council does ordain as follows: 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 Entertainment) 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, recommendations, and testimony set forth above and used its independent judgement to evaluate the Project. 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 Entertainment 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 City 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 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. Dublin Municipal Code Section 8.08.020 is amended to add the following definition to the list: : 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. The table headed “Commercial Use Types” in Dublin Municipal Code Section 8.12.050 is amended to add the following row and accompanying note: Entertainment 8 only. Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 3 of 5 ADDITION OF CHAPTER 8.41 Chapter 8.41, entitled Outdoor Live Entertainment, is hereby added to read as follows: . The purpose of this Chapter is to provide procedures and standards to encourage and facilitate the establishment of Outdoor Live Entertainment. 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. Outdoor Live Entertainment shall comply with the following requirements: Permitted Areas. Outdoor Live Entertainment is permitted in an approved Outdoor Dining area. Permitted Days and Hours. Sunday through Thursday 10am – 8pm Friday and Saturday 10am – 10pm Sound-amplifying equipment shall be limited to music, human speech, or both and be compliant with Dublin Municipal Code Section 5.28 (Noise). 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. Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 4 of 5 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). 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. 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). Dublin Municipal Code Section 8.116.020 is amended to add the following subsection : . Outdoor Live Entertainment that meets the standards specified in Chapter 8.41 (Outdoor Live Entertainment). 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. Dublin Municipal Code Section 8.116.040 is amended to add the following subsection : 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. Dublin Municipal Code Section 8.116.050 is amended to add the following subsection: A Zoning Clearance issued for Outdoor Live Entertainment shall expire when the use is no longer operational. Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 5 of 5 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. This Ordinance shall take effect 30 days following its adoption. the City Council of the City of Dublin, on this ___ day of __________ 2025, by the following votes: _____________________________ Mayor ATTEST: ___________________________ City Clerk