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HomeMy WebLinkAboutOrd 20-06 Muni Code Sign Reg ORDINANCE NO. 20 - 06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * ** * * * * * * * * * * * * * * AMENDING CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), CHAPTER 8.36, (DEVELOPMENT REGULATIONS), CHAPTER 8.64 (HOME OCCUPATIONS REGULATIONS), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN REGULATIONS), AND CHAPTER 8.108 (TEMPORARY USE PERMIT REGULATIONS) OF TITLE 8 (ZONING ORDINANCE) OF THE DUBLIN MUNICIPAL CODE P A 06-054 WHEREAS, the City of Dublin has determined that the Definitions of the Dublin Municipal Code (Chapter 8.08), Zoning Districts and Permitted Use Of Land of the Dublin Municipal Code (Chapter 8.12); Development Regulations of the Dublin Municipal Code (Chapter 8.36); Home Occupations Regulations of the Dublin Municipal Code (Chapter 8.64); Off-Street Parking And Loading Regulations of the Dublin Municipal Code (Chapter 8.76); Sign Regulations of the Dublin Municipal Code (Chapter 8.84); and the Temporary Use Permit Regulations of the Dublin Municipal Code (Chapter 8.108) must be revised to more effectively regulate development within the City; and WHEREAS, the exact text amendments are shown in Section 2 of this Ordinance; and WHEREAS, the Planning Commission did hold a properly noticed pubic hearing on this project on October 10, 2006, and did adopt Resolution 06-44 recommending that the City Council approve amendments to Title 8 (Zoning Ordinance )of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on November 7,2006; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, be it resolved that the City Council of the City of Dublin does ordain as follows: Section 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b) (3). Section 15601(b) (3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the Ord No. 20-06, Adopted 11/21/06, Item 4.3 Page 1 of8 environment. This adoption of this ordinance is exempt from CEQA because the ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2. Zoning Ordinance Text Amendments: Title 8 (Zoning Ordinance) of the Dublin Municipal Code shall be amended as set forth below, only in those sections so noted. Text to be removed is shown in strikethrough and text to be added is shown as underlined. Chapter 8.08, Definitions. The proposed amendments to Section 8.08.020 are as follows: Community Facility (use type). The term Community Facility shall mean any of the following uses or buildings: Place of Worship, rectory or convent; school attendance at which satisfies the requirements of the Compulsory Education Law of the State; library; college; museum; university; public utility building or uses; pipelines and transmission lines, park-and-ride lots, publicly-owned storage garage, repair shop, or corporation yard; water extraction and/or storage facility; or other similar use or structure determined to be substantially similar to the above by the Director of Community Development." Small Family Day Care Home /Small (use type). The term Small Family Day Care Home shall mean a home which provides family day care to 8 or fC'Ner up to 8 children, including children under the age of 10 who reside in the home. A Small Family Day Care Home shall be considered a residential use of property. No permits or business license are required. Inwge Family Day Care Home /Lar2e (use type). The term Large Family Day Care Home shall mean a home which provides family day care to 9 to 1 4 up to 14 children, inclusive,. including children under the age of 10 years who reside in the home~ Main Building. See Principal Structure Building. Personal Services (use type). The term Personal Services shall mean a barber shop, nail salon, beauty parlor, tattoo and body piercing, tanning salon, self-service laundry (coin-operated), full- service laundry (not a dry cleaning plant) or other service determined to be substantially similar to the above by the Director of Community Development. Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean establishments providing amusement, entertainment, or physical fitness services typically occurring indoors for a fee or admission charge, such as, but not limited to: arcades containing coin-operated amusements and/or electronic games (five or more such games or coin-operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary land use of the site); card rooms, billiard and- pool halls, bowling alleys; laser tag businesses; ice skating and roller skating; dance studios/schools; recording studios; fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub Ord No. 20-06, Adopted 11/21/06, Item 4.3 Page 2 of8 facilities; martial arts studios; tennis, handball, racquetball, ice rinks, indoor archery and shooting ranges, indoor soccer or hockey facilities, swimming pools, theaters (other than adult business establishments), auditoriums, and other indoor sports activities determined to be substantially similar to the above by the Director of Community Development. Recreational Facility/Indoor does not include a dance floor. Recreational Vehicle. The term Recreational Vehicle shall mean a motor home, travel trailer, utility trailer, boat on a trailer, horse trailer, camper where the living area overhangs the cab, camping trailer, or tent trailer, with or without motive power, and other vehicles determined to be substantially similar to the above by the Director of Community Development. Salvage and Wrecking Yards (use type). The term Salvage and Wr~cking Yards shall mean the use of more than 200 square feet outside of a building on any lot for the handling or storage of inoperable vehicles, scrap metal, paper, rags, or discarded, salvaged or waste materials of any kind. The term includes automobile wrecking yards; used lumber yards; junk yards and storage of salvaged house wrecking and structural steel materials and equipment. This term does not include yards for the sale of operable used cars or machinery, Auction Yards, or the incidental processing of used or salvaged materials where permitted as part of a lawful manufacturing or industrial use on the same premises. Traffic Visibility Area, of the Dublin Municipal Code is amended to be illustrated as follows: -,. ! '\ II I I . ^~S Ii . I '''''11 I I : r:-RO!'~T A,"'-."'-.".:. I ,,()' I. I. ("'.,," '~I i ~,~ .. V A R" ^ " '. " , t , I j. 1 t-'. 'U ,," " " " ~) I~ I: " \>''>'''''::>'f/ J ;'.. . . . . . . . . .. .. .. . /;;. ~ :.. ;" , ~ \ / SIDEWALI< ,/\/ I - 1\ ,- 301 --.-J \ \ TRAFFIC VIS1BLlTY ARE,:.\~ Chapter 8.12, Zoning Districts and Permitted Uses of Land, Section 8.12.050, Permitted and Conditionally Permitted Uses of Land, is amended to read as follows: RESIDENTIAL USE TYPES RESIDENTIAL USE TYPE A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2 bafge Family Day Care C/PC C/PC C/PC C/PC - - - - - - - Home/ Large (9-+4 UP to 14 Children) Small Family Day Care P P P P Home/ Small (-1-& up to 8 Children) Chapter 8.36, Development Regulations. The proposed amendments to Chapter 8.36 are as follows: Ord No. 20-06, Adopted 11/21/06, Item 4.3 Page 3 of8 Section 8.36.050.B.3, Compensating Provision of Side Yard. Notwithstanding the yard requirements of this Ordinance, a Side Yard may have a depth of not less than 5 feet if that portion of the Side Yard that is covered by a structure is compensated for by open areas within the same or adjacent yards on the same parcel that exceed Side and Rear Yard requirements by an area at least equal to the extent of the building coverage of the Side Yard. The Compensating Provision of Side Yard exception is not applicable to a Street Side Yard. Section 8.36.100.A, Applicability of coverage regulations. Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include all land covered by principal buildings, garages and carports, accessory structures (with the exception of one 120 square foot accessory structure, pcrmitted on lots less than 5, 000 square feet in size, which shall be exempt from the coverage regulations), covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads. Chapter 8.64, Home Occupations Regulations, Section 8.64.030.C, Construction EquipmentlW ork Vehicles. No construction equipment or work vehicles such as plumbing vans, electronic repair vans, or similar equipment or work vehicles (except a Company Vehicle permitted by Section 8.64.040.E 8.64.030.E below), as determined by the Director of Community Development, shall be stored which is used by the occupant of the residence or his/her employees in connection with a Home Occupation. Chapter 8.76, Off Street Parking and Loading Regulations, The proposed amendments to Chapter 8.76 are as follows: Section 8.76.070.A.7.e, Minimum parking dimensions. Minimum parking dimensions in feet shall be as indicated in Table 76-1 and as illustrated by Figure 76-1 A (in B X C D E F A B X C D E F degrees) 90 C 8.0 17.0 17.0 24.0* 8.0 6Q.,.Q 45 C 8.0 17.0 17.7 16.0 11. 51.4 58.0 3 90 F 9.0 20.0 20.0 24.0* 9.0 66:{} 45 F 9.0 20.0 20.5 16.0 12. 57.0 64.0 7 80 C 8.0 17.0 18.1 24.0* 8.1 ~ 30C 8.0 17.0 15.4 16.0 16. 46.8 60.2 0 80 F 9.0 20.0 21.3 24.0* 9.1 ~ 30 F 9.0 20.0 17.8 16.0 18. 51.6 66.6 0 70C 8.0 17.0 18.7 20.0 8.5 57.4 20C 8.0 17.0 13.3 16.0 23. 42.6 4 70F 9.0 20.0 21.9 20.0 9.6 63.8 20F 9.0 20.0 15.3 16.0 26. 46.6 3 60 C 8.0 17.0 18.7 19.0 9.2 56.4 OC 8.0 17.0 0.0 20.0 23. 20.0 0 60F 9.0 20.0 21.8 19.0 10.4 62.6 OF 9.0 20.0 0.0 20.0 23. 20.0 0 Table 76-1 Ord No. 20-06, Adopted 11/21/06, Item 4.3 Page 4 of8 A = Parking Angle, B = Stall Width, X = Stall Length, C = Compact Space, D = Aisle Width, E = Curb Length per Car, F = Full Sized Space * The Director of Public Works may require a larger back-up distance where sight distances are inadequate and for multi- family residential developments." Section 8.76.070.A.25, Vehicle Parking on posted private property is prohibited. It is unlawful for any person to drive or park a motor vehicle upon land or premises where the owner or the person occupying or having possession of or the agent thereof shall have posted on such property or premises a notice as described in Municipal Code Section 6.04.200. It is also unlawful for any person without permission of the owner or people entitled to the possession thereof to park or store any motor vehicles in or upon any private property for the purposes of sale or advertising for sale and so as to interfere with the use thereof Section 8.76.080.B, Residential Use Types, of the Dublin Municipal Code is amended to read as follows: Residential Use Types Number of Parking Spaces Required Small Family Day Care Home ISmall fl-8f (up to 8) 2 per dwelling, plus 1 space for every employee not residing in the home, plus one loading space for every 4 children in the facili Not regulated baFge Family Day Care Home /Large f9-l4t (up to 14) Lots reater then 4,000 s uare feet Chapter 8.84, Sign Regulations. The proposed amendments to Chapter 8.84 are as follows: Section 8.84.020.NN. Temporary Promotional Signs. The term Temporary Promotional Signs shall mean temporary banners, flags, balloons, and searchlights as regulated in section 8.84.050(T), searchlights and similar advertising devices when used for grand-opening events, special promotional events, or promotional needs such as "Now Hiring" or "Help Wanted" banners and other needs of a similar nature as determined by the Director of Community Development. Section 8.84.030. Sign Approvals and Decision making Authority by Zoning District. Matrix A, of the Dublin Municipal Code is amended to read as follows: Sign Type A R-l, R-2, R-M Coming Soon X X Permanent Barmer X X Sign C-N C-O C-l C-2 M-P, M-l, M.2 BPZC BP BP BPZC ZC ZC X X SDR(Z.\) MSP/SDR BPZC SDR(ZA) MSP/SDR SDR(ZA) MSP/SDR Ord No. 20-06, Adopted 11/21/06, Item 4.3 Page 5 of8 Section 8.84.040. Matrix B, Sign Development Regulations of the Dublin Municipal Code is amended to read as follows: Maximum Maximum Maximum Location Copy Additional Number of Height Area per side Requirements Restrictions * Regulations * si2DS in sq. ft. * Wall .AiS permitted 2 ft. 6 in. 1 sq. ft. per 1 per business NIA May project Sec. 8.84.110V hy-See.- lineal ft. of or tenant 12 inches, 30 8.84.110.\.1. Tenant frontage with inches wI SDR. 1 per business Frontage to maximum of Max. sign or tenant maximum of three length 24 ft. frontal!e with 150 sq. ft. frontages. maximum of (with SDR, three 1.5/lineal ft. to frontal!es. Max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from Street. Section 8.84.050.0. Pole Signs. Pole Signs are permittcd '.vith a Zoning Clearancc. Section 8.84.050.R. Service Station Price Signs. Service Station Price Signs indicating gasoline prices, products offered for sale, methods of sale and types of available services offered are permitted when accessory to an existing service station, provided: 1. One (1) price sign is permitted along each street frontage to a maximum of two (2) price signs. 2. Each price sign shall have a heavy type face and be clearly visible from adjacent streets and may have a maximum area of sixteen (16) square feet per side for service stations offering three (3) fuel products; or a maximum area of twenty-four (24) square feet per side for service stations offering four (4) or more fuel products. 3. The maximum sign height shall not exceed six (6) feet. 4. A price sign may be attached to, combined with and made part of a Service Station Sign Display Structure pursuant to Section 8.84.050.P 8.84.050.Q. 5. All signage conforms to the requirements of Business and Professions Code Section 13530 et. seq. " Section 8.84.050.T, Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a Zoning Clearance may be placed on site for a maximum of fifteen (15) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of thirty (30) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 30 inches by 24 feet in size, One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) Ord No. 20-06, Adopted 11/21/06, Item 4.3 Page 6 of8 consecutive calendar days between permits is required. In addition, the duration in which banners may be displayed is limited to a maximum duration of 90-days per calendar year. A temporary banner sign for apartment communities shall not be larger than 12-square feet (see Section 8.84.020.B for definition of apartment communities). Any tethered or un-tethered balloon of greater than 15 inches in diameter shall be permitted only as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground, and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulative shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning clearance( s) may be issued for periods less than 15 days. Up to 4 searchlights. attached to function as a single unit are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulative shall be issued that allows any temporary promotional sign( s) that include searchlights for more than 21 days per calendar year. Zoning clearance( s) may be issued for periods less than 15 days. Section 8.84.110.A.7. Number of Building Frontages. Each business or tenant space may be permitted a maximum of three (3) building frontages with maximum of one wall sign per frontage. Section 8.84.140.C. Holiday Lights and Decorations. Holiday lights (iflighted) and decorations commonly associated with any national, local or religious holiday erected no sooner than forty-five (45) calendar days before the holiday and removed within fourteen (14) calendar days following the holiday. Holiday balloons, including large balloons used in conjunction with a holiday event are exempt from obtaining a Sign Permit when located in a Residential Zoning District. Chapter 8.108 Temporary Use Permit. The proposed amendments to Chapter 8.108 are as follows: Section 8.108.010 Purpose. The purpose of this Chapter is to establish a procedure for approving minor temporary land uses that meet established development review standards and are acceptable because of their temporary nature. The eflly permitted minor temporary land uses permitted are those specified in Section 8.108.020 and other temporary land uses determined to be similar by the Director of Community Development. Section 8.108.020.1. Outdoor Sales by Established Businesses. Each individual Outdoor Sale by an Established Business shall be limited to a maximum of 4 consecutive days, with a maximum of 6 such events during a one-year period. and no busincss may participate in morc than 6 cycnts during a one ycar period, A minimum waiting period of 3 consecutive calendar days between Temporary Use Permits is required. Each Outdoor Sales event by an established business shall be subject to standards established by the Director of Community Development. Section 8.108.020.L. Temporary Construction Trailer. A Temporary Construction Trailer may be permitted during the period of construction of the buildings or lots on a development site subject to standards established by the Director of Community Development, on the same premises. A Temporary Storage Container associated with construction in residential districts that meet the following conditions may be permitted pursuant to this section: 1. Request is to locate a temporary storage container in conjunction with remodeling or reconstruction work at the project site. Ord No. 20-06, Adopted 11/21/06, Item 4.3 Pa,ge 7 of 8 2. Container must be located on private property. not in the public right-of-way. 3. Container must be located on driveway or other paved surface. not in other front yard or landscaped areas. 4. Container may be located in the rear yard Section 3 Conforming Amendments: Chapters 8.08, 8.12, 8.36, 8.40, 8.64,8.76, 8.84, and 8.108 of the Dublin Municipal Code shall be re-numbered and/or re-Iettered as necessary to accommodate and/or reflect the foregoing amendments. Section 4. Severability: The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 5. Effective Date and Posting of Ordinance: This ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California." PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this 21st day of November 2006, by the following votes: AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ATTEST: ~~ City Clerk ABSTAIN: None Ord No. 20-06, Adopted 11/21/06, Item 4.3 Pa.ge 8 of 8