HomeMy WebLinkAboutOrd 22-08 MuniCode Superstores
ORDINANCE NO. 22 - 08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADOPTING CHAPTER 8.42 OF THE DUBLIN
MUNICIPAL CODE RELATING TO SUPERSTORES
Section 1. Chapter 8.42 is hereby added to the Dublin Municipal Code to read as follows:
CHAPTER 8.42
SUPERSTORES
8.42.010 Purpose. The purpose of this Chapter is to prohibit the establishment of Superstores, as
defined herein, within the City.
8.42.020 Definition. Superstore means a store that exceeds one hundred seventy thousand
(170,000) square feet of Gross Floor Area and devotes at least ten (10) percent of the total sales floor area
to the sale of non-taxable merchandise. "Sales floor area" means only interior building space devoted to
the sale of merchandise and does not include restrooms, office space, storage space, automobile service
areas or open~air garden sales space. "Non-taxable merchandise" means products, commodities or items,
the sale of which is not subject to California State sales tax. The definition of Superstore does not include
a discount club store where shoppers pay a membership fee in order to take advantage of discounted
prices on a wide variety of items such as food, clothing, tires, and appliances and many items are sold in
large quantities or bulk.
8.42.030 Superstores prohibited. Superstores, as defined in Section 8.42.020, are prohibited in all
zoning districts.
Section 2. The City Council hereby finds that, pursuant to Section 15061(b)(3) of the California
Environmental Quality Act (CEQA) guidelines, this project is exempt from the provisions of that Act
based on the general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, then that activity is not subject
to CEQA. The prohibition of superstores will not have a physical effect on the environment and is,
therefore, exempt from the provisions of CEQA.
Section 3. 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 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 5. Posting. 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 36933 of the
Government Code of the State of California.
Ord No. 22-08, Adopted 5/20/08, Item 4.13
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PASSED, APPROVED AND ADOPTED this 20th day of May, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Sbranti and Scholz, and Mayor Lockhart
NOES: Councilmember Oravetz
ABSENT: None
ABSTAIN: None
ATT[L t f? f;r
Deputy City Clerk
Ord No. 22-08, Adopted 5/20/08, Item 4.13
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