Loading...
HomeMy WebLinkAboutOrd 11-25 Approving Amendments Dublin Municipal Code Chap 8.08 Definitions_Chap 8.12 ZoningOrd. No. 11-25, Item 5.9, Adopted 12/16/2025 Page 1 of 5 ORDINANCE NO. 11-25 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, recommendations, and testimony set forth above and used its independent judgement to evaluate the Project. Docusign Envelope ID: C51D006E-6881-4387-835E-D9D77998D6F5 Ord. No. 11-25, Item 5.9, Adopted 12/16/2025 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 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. 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. Docusign Envelope ID: C51D006E-6881-4387-835E-D9D77998D6F5 Ord. No. 11-25, Item 5.9, Adopted 12/16/2025 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. Docusign Envelope ID: C51D006E-6881-4387-835E-D9D77998D6F5 Ord. No. 11-25, Item 5.9, Adopted 12/16/2025 Page 4 of 5 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). 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. Docusign Envelope ID: C51D006E-6881-4387-835E-D9D77998D6F5 Ord. No. 11-25, Item 5.9, Adopted 12/16/2025 Page 5 of 5 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. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 16th day of December 2025, by the following votes: AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________ City Clerk Docusign Envelope ID: C51D006E-6881-4387-835E-D9D77998D6F5