HomeMy WebLinkAboutOrd 04-23 Approving Amendments to Dublin Municipal Code Section 8.84.140.I (Real Estate Dir
Ord. No. 04-23, Item 4.4, Adopted 09/05/2023 Page 1 of 3
ORDINANCE NO. 04 – 23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE SECTION 8.84.140.I
(REAL ESTATE DIRECTIONAL SIGNS) EFFECTIVE CITY-WIDE
PLPA-2023-00017
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or
amend certain provisions to ensure that the Zoning Ordinance remains current with federal
and state law, internally consistent, simple to understand and implement, and relevant to
changes occurring in the community.
B. The City has initiated amendments to the Zoning Ordinance to clarify, add, or amend
certain provisions to ensure that the Dublin Municipal Code complies with State law and
remains internally consistent and relevant to changes occurring in the community.
C. The proposed amendments are consistent with California Civil Code Section 713 and 712.
D. The proposed Zoning Ordinance Amendments include modifications to Dublin Municipal
Code Section 8.84.140.I (Real Estate Directional Signs) to increase the number of real
estate directional signs allowed, modify the allowable sidewalk clearance in conformance
with the Building Code, and clarify the City’s enforcement authority.
E. The Planning Commission held a duly noticed public hearing on July 11, 2023, during
which all interested persons were heard, and adopted Resolution No. 23-04
recommending City Council adoption of the proposed Zoning Ordinance Amendments.
F. A Staff Report was submitted to the Dublin City Council recommending approval of the
proposed Zoning Ordinance Amendments.
G. The City Council held a public hearing on the proposed Zoning Ordinance Amendments
on August 15, 2023, at which time all interested parties had the opportunity to be heard.
H. Proper notice of said hearing was given in all respects as required by law.
I. The City Council did hear and consider all said reports, recommendations and testimony
herein above set forth and used its independent judgment to evaluate the project.
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Ord. No. 04-23, Item 4.4, Adopted 09/05/2023 Page 2 of 3
SECTION 2. FINDINGS
A. Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby
finds that the Zoning Ordinance Amendments are consistent with the General Plan and
any applicable Specific Plan in that the amendments are necessary to comply with federal
and state laws and are consistent with applicable land use regulations and development
policies. Specifically, General Plan Implementation Measure 10.7.4.A calls for an “update
the City’s Sign Ordinance.”
SECTION 3. CEQA
A. 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 City Council
hereby finds the amendments to Title 8 of the Dublin Municipal Code (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 and are not subject to CEQA review.
SECTION 4.
A. The Dublin Municipal Code is amended as follows:
Section 8.84.140.I (Real Estate Directional Signs) of Title 8 of the Dublin Municipal
Code is hereby amended to modify subsections 1, 2, 8 and 9 to read as follows:
1. Be limited to a maximum of six (6) open house signs for each property being
advertised for sale.
2. Not be located within the public right-of-way where such signs endanger the
safety of persons or property, disrupt the normal flow of vehicle or pedestrian traffic, block
views of such traffic, block ingress into or egress from any residence or place of business,
or restrict a sidewalk width to less than thirty-six (36) inches. Notwithstanding the above,
signs may be placed in a landscaping strip between the roadway and the sidewalk. Signs
are not allowed in medians.
8. Be permitted on holidays, Saturdays, Sundays, and one agent tour day each
week from 10:00 a.m. to 5:30 p.m.
9. Be subject to the City’s authority to issue fines and to assess all necessary
costs for the time spent by City personnel, or its authorized agents, to remove and enforce
open house signs in violation of Section 8.84.140 I. In cases of repeated violations of
requirements dealing with open house signs, rights to locate new open house signs in the
City shall be forfeited.
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Ord. No. 04-23, Item 4.4, Adopted 09/05/2023 Page 3 of 3
SECTION 5. Effective Date.
This Ordinance shall take effect and be enforced thirty (30) days following its final
adoption.
SECTION 6. 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 circumstance, 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 7. 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.
PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the
following vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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