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HomeMy WebLinkAbout5.9 Amendments to the Downtown Dublin Specific Plan and Dublin Municipal Code for Outdoor Live Entertainment (PLPA-004212-2025) STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 5.9 DATE: December 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager 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: On December 2, 2025, the City Council adopted a resolution approving amendments to the Downtown Dublin Specific Plan Section 3.4 (Land Use Designations) and waived the first reading and introduced an Ordinance amending the Dublin Municipal Code, which together would permit Outdoor Live Entertainment in the Downtown. The proposed Ordinance would amend Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), and Chapter 8.116 (Zoning Clearance), and add Chapter 8.41 (Outdoor Live Entertainment). The City Council is now requested to waive the second reading and adopt the proposed Ordinance. STAFF RECOMMENDATION: Waive the second reading and adopt the 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. FINANCIAL IMPACT: None. DESCRIPTION: The City has initiated amendments to the Dublin Municipal Code related to outdoor live entertainment associated with outdoor seating areas. The proposed amendments build upon the City Council’s adoption of the citywide Outdoor Seating Design Guidelines on September 19, 2023, which established standards to ensure outdoor seating are aesthetically pleasing, 403 Page 2 of 3 provide a high-quality environment for patrons, and appropriately designed for the location. On December 2, 2025, the City Council adopted a Resolution approving amendments to the DDSP and waived the first reading and introduced an Ordinance approving the proposed Zoning Ordinance Amendments. In addition, the City Council directed Staff to evaluate the inclusion of specific holidays in the Zoning Clearance process to avoid triggering a subsequent Minor Use Permit, update City Council in one year on the implementation of outdoor live entertainment permits and streamline the noise complaint process. Staff evaluated ways to include holidays that would be desirable to the residents and restaurants and determined that the existing Temporary Use Permit (TUP) best addressed the City Council’s direction. Restaurants often celebrate cultural holidays such as St. Patrick’s Day, Valentine’s Day and Cinco de Mayo in addition to official Federal and State holidays, making it difficult to adequately capture a list of a holidays that would serve all cultures and address the City Council’s desired outcome. Instead, a TUP would provide businesses with flexibility to have extended hours for the holidays they choose to celebrate. TUPs are approved by staff as an over-the-counter permit and have been successfully used to address outdoor holiday entertainment in the past for cultural holidays such as St. Patrick’s Day and Cinco de Mayo. The proposed Ordinance is included as Attachment 1. The December 2, 2025 City Council staff report is included as Attachment 2. 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 Zoning Ordinance are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment. 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. STRATEGIC PLAN INITIATIVE: Strategy 1: Economic Development, Small Business Support, and Downtown Dublin Objective 1A: Support the implementation of the 2024 Economic Development Strategy, including pursuing growth industries. Objective 1D: Continue to evaluate and implement small business programs that provide financial assistance, business development, permit processing, and support services to the community. 404 Page 3 of 3 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 City Council Agenda was posted. ATTACHMENTS: 1) 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 2) December 2, 2025 Staff Report (without attachments) 405 Attachment 1 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 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. 25-04 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 December 2, 2025, 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. 406 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 5 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 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 Gu idelines 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. 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: 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. 407 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 3 of 5 SECTION 5. ADDITION OF CHAPTER 8.41 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). Business owners are required to regularly monitor sound levels and take corrective actions as needed to ensure continued compliance with the noise standards. 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 ou tdoor dining. 408 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 Entertainmen t. 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 409 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 5 of 5 California. SECTION 11. 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 16th day of December 2025, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________ City Clerk 410 STAFF REPORT CITY COUNCIL Page 1 of 6 Agenda Item 6.1 DATE: December 2, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager 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 City Council will consider City-initiated amendments to the Downtown Dublin Specific Plan (DDSP) and the Zoning Ordinance to permit Outdoor Live Entertainment as an allowed use. 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 (CEQ A). STAFF RECOMMENDATION: Conduct the public hearing, deliberate and: 1) adopt the Resolution Amending the Downtown Dublin Specific Plan To Add Outdoor Live Entertainment as an Allowed Use , and 2) waive the reading and introduce an 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. FINANCIAL IMPACT: None. Attachment 2 411 Page 2 of 6 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. Figure 1. Downtown Dublin Specific Plan Map On 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 412 Page 3 of 6 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. Staff proposes to amend the DDSP and Zoning Ordinance to allow outdoor live entertainment in the Downtown. Analysis The following is an overview of the proposed amendments to the Zoning Ordinance and DDSP. 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 us e and create objective standards and approval procedures. Zoning Ordinance Amendments 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) would be 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 AM – 8:00 PM Sunday through Thursday and 10:00 AM – 10:00 PM Friday and Saturday.  Noise Control: Amplified sound must comply with the City’s Noise Ordinance and be 413 Page 4 of 6 limited to music and human speech. A streamlined Zoning Clearance process is provided for Outdoor Live Entertainment 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, and compatibility with surrounding uses, etc., and apply conditions of approval as necessary to ensure compatibility. Chapter 8.116.020 (Applications Requiring a Zoning Clearance) Chapter 8.116.020 (Applications Requiring a Zoning Clearance) would be amended to include Outdoor Live Entertainment that meets the standards specified in Chapter 8.41 (Outdoor Live Entertainment). 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 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 City Council Resolution approving the amendments to the DDSP is included as Attachment 1 and a draft Ordinance approving the amendments to the Zoning Ordinance is included as Attachment 2. A redline version of the proposed changes to the Zoning Ordinance and the DDSP is provided in Attachment 5, 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, enhanc e the community’s sense of place, and strengthen the mix of complementary land uses envisioned in the Downtown Dublin Specific Plan. 414 Page 5 of 6 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 Zoning Ordinance are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment. 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. PLANNING COMMISSION REVIEW: The Planning Commission held a public hearing to consider the proposed amendments to the Downtown Dublin Specific Plan and Zoning Ordinance. Public testimony was provided by three members of the community who expressed concerns about the proposed hours and the potential for loud noise associated with allowing amplified outdoor live entertainment. The Planning Commission recommended approval to the City Council with an added recommendation that the Zoning Clearance include guidance to business owners to monitor noise generated by outdoor entertainment. Planning Commission Resolution No. 25-04 is included as Attachment 3. In response to the Commission’s recommendation, the draft Ordinance has been revised to reflect the Planning Commission’s recommendation as follows: 8.41.030 (Development Standards and Regulations) … 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). Business owners are required to regularly monitor sound levels and take corrective actions as needed to ensure continued compliance with the noise standards. STRATEGIC PLAN INITIATIVE: Strategy 1: Economic Development, Small Business Support, and Downtown Dublin Objective 1A: Support the implementation of the 2024 Economic Development Strategy, including pursuing growth industries. Objective 1D: Continue to evaluate and implement small business programs that provide financial assistance, business development, permit processing, and support services to the community. 415 Page 6 of 6 NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, notice was sent to the Tribal Consultation list, and a 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 to 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 entertainment associated with outdoor d ining areas. The City Council Agenda was also posted. ATTACHMENTS: 1)Resolution Amending the Downtown Dublin Specific Plan to add Outdoor Live Entertainment as an Allowed Use 2)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 3)Planning Commission Resolution No. 25-04 4)Table 1- Outdoor Entertainment Regulations: Regional Comparison 5)DDSP Amendments and Dublin Municipal Code Amendments Redlined Pages 6)Noise Ordinance 7)Public Comments 416