HomeMy WebLinkAboutPC Reso 10-46 TUP Amend in Zone Ordinance
RESOLUTION NO. 10- 46
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENTS TO CHAPTER 8.108 (TEMPORARY USE PERMIT)
OF THE ZONING ORDINANCE
PLPA-2010-00045
WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning
Ordinance for ways to streamline the entitlement process for development applications and to
promote businesses in Dublin; and
WHEREAS, Staff has identified amendments to the Dublin Zoning Ordinance to modify
the Temporary Use Permit Chapter of the Zoning Ordinance in order to permit a wider variety of
temporary uses and to be more flexible on the location and duration of appropriate temporary
uses; and
WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA),
pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments to Title 8(Zoning
Ordinance) of the Dublin Municipal Code do not have the potential for causing a significant effect
on the environment; and
WHEREAS, the Planning Commission did hold a public hearing on the proposed
modifications on September 28, 2010, for which proper notice was given in accordance with
California State Law; and
WHEREAS, the Planning Commission at its September 28, 2010, meeting did hear and
use its independent judgment and considered all said reports, recommendations, and testimony
hereinabove set forth.
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that the Zoning Ordinance Amendment is consistent with the Dublin General Plan
and all applicable Specific Plans.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
recommend that the City Council approve the proposed Zoning Ordinance Amendments as
described in Exhibit A to this Resolution.
PASSED, APPROVED AND ADOPTED this 28th Day of September 2010 by the
following votes:
AYES: King, Brown, Schaub, Wehrenberg, Swalwell
NOES:
ABSENT:
ABSTAIN: ~
Planning Commis ion Ch irperson
ATTEST:
Planni ger
G:IPA#120101PLPA-2010-00045 ZOA Temporary Use PermitslPC 09.28.20101PC Att 3- Reso.DOC
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ORDINANCE NO. xx - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
AMENDING CHAPTER 8.108 (TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE
PLPA-2010-00045
WHEREAS, Staff has identified amendments to the Dublin Zoning Ordinance to modify
the Temporary Use Permit Chapter of the Zoning Ordinance in order to permit a wider variety of
temporary uses and to be more flexible on the location and duration of appropriate temporary
uses; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this
project on September 28, 2010 and adopted Resolution 10-xx 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
, 2010; and
WHEREAS, pursuant to section 8.120.050.8 of the Dublin Municipal Code, the City
Council hereby finds that the amendments to the Zoning Ordinance 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, 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 the California Environmental Quality Act (CEQA) pursuant to
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 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 rather 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. Therefore, this ordinance of itself, has no potential for resulting in
significant physical change in the environment, directly or ultimately.
Section 2:
Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code is hereby amended to
read as follows:
EXHIBIT A TO
ATTACHMENT4
CHAPTER 8.108 TEMPORARY USE PERMIT
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 permitted minor
temporary land uses are those specified in Section 8.108.020 and other temporary
land uses determined to be similar by the Director of Community Development.
Rev. Ord. 20-06 (November 2006)
8.108.020 Uses Permitted With A Temporary Use Permit. All Temporary Use Permits
must conform to the following standards to be approved. No Temporary Use
Permit may be renewed unless otherwise indicated by this Chapter: Rev. Ord.
17-99 (611199)
A. Arts and Crafts Fair. A temporary event offering for sale goods and merchandise which
are handmade or hand-crafted items for sale by the original artist. Fairs may only be
conducted when sponsored by a Dublin-based place of worship, school, neighborhood
group, or non-profit non-restrictive civic or service organization. Each individual Arts and
Crafts Fair shall be limited to a maximum of 3 consecutive days, and no business may
participate in more than 6 events during a one-year period, subject to standards
established by the Director of Community Development.
B. Automobile Dealership Promotional Tent Sales. A temporary event promoting auto
sales. A Promotional Tent Sale shall be permitted subject to the following conditions:
1. The duration of Automobile Dealership Promotional Tent Sales for any one
dealership shall be limited to a maximum of 70 days per calendar year.
2. Any single Promotional Tent Sale shall last no longer than 30 days.
3. The total square footage of all temporary tents utilized during an Automobile
Dealership Promotional Tent Sale at a auto dealership site at any one time shall be
no more than 2,000 square feet.
4. The location of temporary tents shall be subject to review and approval by the
Planning Division, Building Division, Public Works Department, and Fire Prevention
Bureau.
5. No advertising or logos are permitted on any temporary tent canopy.
6. No items shall be attached to any temporary tent.
7. Promotional Tent Sales shall be subject to standards established by the Director of
Community Development.
C. Automobile/Vehicle Storage Lots. An AutomobileNehicle Storage Lot (as defined in
Section 8.08.020, Definitions) may be permitted as a temporary land use in C-2, General
Commercial zoning districts or comparable PD, Planned Development Zoning Districts,
for a period not to exceed six consecutive months. The Director of Community
Development or his/her designee may allow for one three-month extension upon written
request, submitted at least 14 calendar days prior to the expiration of the permit. The
written request must include a reason for the extension other than to simply continue the
use. Once a permit has expired, it shall not be renewed. A minimum waiting period of
one (1) continuous year between permits is required. The storage of vehicles shall be
limited to those vehicles belonging to an established Dublin based business. The
storage lot shall not be open to the public nor shall any sales transactions take place at
Page 2 of 7
the approved storage lot location. A maximum of one temporary use permit shall be
granted per location. For the purposes of this subdivision, "location" shall refer to an
address, a parcel, or a shopping center, whichever is larger, as determined by the
Director of Community Development. A temporary use permit shall be denied if it is
determined that the AutomobileNehicle Storage Lot would eliminate parking required for
another use pursuant to Chapter 8.76 of this Code. In no case shall an
AutomobileNehicle Storage Lot be established within 100 feet of a heavily traveled
roadway. Whether a roadway is heavily traveled shall be determined by the Director of
Community Development. The establishment and operation of the use must comply with
all standards developed by the Director of Community Development.
D. Carnival. An event intended to serve a public need by providing a community service or
special entertainment event for the Dublin community which is normally only provided as
a temporary and/or seasonal activity. Each individual carnival event shall be limited to a
maximum of 5 consecutive days, including setup and break down, and no business or
sponsor may participate in more than 2 events during a one-year period, subject to
standards established by the Director of Community Development.
E. Christmas Tree Sales Lot. A Christmas Tree Sales Lots is permitted for a maximum of
60 days subject to standards established by the Director of Community Development.
F. Construction-Related Temporary Uses. The following types of construction-related
temporary uses may be permitted with approval of a Temporary Use Permit:
1. Temporary Construction Trailer. A Temporary Construction Trailer located on a
development site and utilized during construction may be permitted subject to
standards established by the Director of Community Development, on the same
premises.
2. Temporary Storage Container. This use includes metal shipping containers used
for the storage of materials. A temporary storage container associated with
construction that meets all of the following conditions:
a) Temporary storage container in conjunction with remodeling or reconstruction
work at a project site with an active building permit and shall be located on the
project site. For construction on a single parcel (not part of a larger development
project), a Temporary Use Permit can be issued for a maximum of 90 days, with
the option to renew at the Applicant's request if the project still has a valid building
permit and substantial progress is being made towards completion of the project.
The Applicant may request a 90-day extension but must provide proof of recent
building inspections or other demonstration of progress.
b) Container must be located on private property, and may not be located in the
public right-of-way.
c) Container must be located on a paved surface.
d) Container may be located in the rear yard.
e) No more than one container per residential parcel is permitted.
f) Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
3. Construction Equipment Storage Yard. A construction equipment storage yard
includes both storage containers and construction equipment associated with
Page 3 of 7
construction on a commercial, industrial, or residential project site subject to the
standards established by the Director of Community Development, on the same
premises. A construction equipment storage yard shall be located on the project site.
G. Farmers Market. An event offering for sale produce, food items, and related goods and
merchandise by certified growers authorized to sell directly to consumers,. Each
individual Farmers Market shall be limited to one day per week subject to standards
established by the Director of Community Development.
H. Festival/Street Fair. Each individual Festival, Neighborhood/Place of Worship/School
Festival, and Street Fair of a not-for-profit nature, shall be limited to a maximum of 2
consecutive days and shall not occur in the same location more than 2 times a year,
subject to standards established by the Director of Community Development.
Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit and
collection of newspapers by the general public may be permitted for a period not to
exceed one year subject to standards established by the Director of Community
Development, if sponsored by a Dublin-based bona-fide church, school, neighborhood
group, or by a Dublin-based non-profit, non-restrictive civic or service organization if it is
located on the site of a lawfully existing principal use. This permit may be renewed by
means of another Temporary Use Permit.
J. Office Trailer - Commercial. Occupancy of a commercial office trailer during the period
of construction or remodeling of a permanent commercial or industrial structure(s), for
which a valid building permit is in force, in any Commercial or Industrial zoning district
subject to standards established by the Director of Community Development.
K. Outdoor Event by an Established Business. An Outdoor Event shall be limited to a
maximum of 4 consecutive days, with a maximum of 2 such events during a calendar
year. Outdoor Events are distinguishable from Outdoor Sales by Established Businesses
in that Outdoor Events do not involve the commercial sale of merchandise, but are
promotional in nature or for charitable or fundraising purposes. Examples of Outdoor
Events by an Established Business include car shows hosted by non-auto oriented
businesses or similar events.
L. Outdoor Sales by an Established Business. 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 calendar year. 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. Rev. Ord. 20-06 (November 2006). Parking lot
sales shall not utilize more than 10% of the required parking for the business.
M. Outdoor Skating Rink. An outdoor skating rink may be permitted subject to the
following conditions:
1. Maximum of 60 operational days per calendar year plus one week for setup and one
week for removal.
2. Outdoor skating rink shall not utilize more than 10% of the required parking for the
business where the outdoor skating rink is located.
Page 4 of 7
3. Outdoor skating rinks shall be subject to standards established by the Director of
Community Development.
N. Pumpkin Sales Lot. A Pumpkin Sales lot is permitted for a maximum of 60 days subject
to standards established by the Director of Community Development.
0. Similar Uses. A use that is, in the determination of the Community Development
Director, similar to any of the specific uses contained in Section 8.108.020, temporary in
nature, and are compatible with the surrounding area and the Zoning District in which the
use is located. Such similar uses shall also be subject to any provisions applicable to the
specific use contained in Section 8.108.020.
P. Storage Container (Non-Residential). This use includes metal shipping containers
used for the storage of materials, and does not include containers associated with
construction or located in a Residential Zoning District. The permit may be for one
container per business or parcel for no more than one year subject to standards
established by the Director of Community Development and may be renewed by means
of another Temporary Use Permit. Letters must be submitted certifying that the Alameda
County Department of Environmental Health, the Alameda County Fire Department and
appropriate City Departments have given approval of the materials stored and the
methods used before the permit will be issued.
Q. Storage Container (Residential). This use includes metal shipping containers used for
the storage of materials, and does not include containers associated with construction. A
Temporary Storage Container may be permitted for a maximum time period of 15 days
per calendar year if used for the purposes of storing materials relating to home
improvement projects that do not require a building permit. This Temporary Use Permit
is subject to the following conditions:
a. Container must be located on private property, and may not be located in the public
right-of-way.
b. Container must be located on a paved surface.
c. Container may be located in the rear yard.
d. No more than one container per residential parcel is permitted.
e. Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
R. Temporary Mobile Home/Manufactured Home. Occupancy of a Mobile
Home/Manufactured Home during the period of construction of permanent living quarters
for which a valid building permit is in force, on the same premises, subject to standards
established by the Director of Community Development in any Agriculture or Residential
zoning district.
S. Tract and Sales Office/Model Home Complex. This use includes tract and sales
offices and model home complexes within approved developments, and accessory signs,
landscaping, and parking facilities. This temporary use is in effect during the period of
construction and original sale of the buildings or lots in a new development subject to
standards established by the Director of Community Development.
Page 5 of 7
8.108.022 Type of Temporary Use Permits: Major and Minor
A. Major Temporary Use Permit. Any Applicant seeking a Temporary Use Permit for any
temporary use listed in Section 8.108.020 that, due to its size, location, or hours of
operation, requires City of Dublin Staff to be on site during the event or duration of the
temporary use, to monitor the event in some way, or to conduct inspections not covered
through another permit shall be required to obtain a Major Temporary Use Permit.
Examples of temporary uses requiring a Major Temporary Use Permit include an event
which draws so many participants that lanes of traffic are closed and safety personnel
are required to be on hand to direct traffic into parking areas.
B. Minor Temporary Use Permit. All other types of Temporary Uses listed in Section
8.108.020 shall be required to obtain a Minor Temporary Use Permit.
8.108.030 Application. The Applicant shall submit a complete application pursuant to
Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee, written
description of the proposed temporary use with hours and duration of operation,
the written authorization by the property owner, and a diagram of the proposed
temporary use (including pedestrian and automobile circulation) and other
information as may be required by the Director of Community Development. The
Director of Community Development will determine whether the Temporary Use
Permit is major or minor for the purposes of fee payment.
8.108.040 Approval. The Director of Community Development or his/her designee may
approve a Temporary Use Permit upon finding that the project meets all standards
established by the Director of Community Development for that permit, including
but not limited to, compliance with applicable requirements of the State of
California, review and approval by City Departments, compliance with other local
codes and ordinances; and meets the requirements of this Title on forms
approved by the Director of Community Development.
8.108.050 Expiration Of Temporary Use Permit. A Temporary Use Permit shall expire
upon the date shown on the stamped approved diagram and/or written statement
accompanying the application.
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 in force thirty (30) days from and after
the date of its final adoption.
Page 6 of 7
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 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
_ day of 2010, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
GAPA#\2010\PLPA-2010-00045 ZOA Temporary Use Permits\PC 09.28.2010\PC Att4 -Exhibit A -CC Ord.doc
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