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HomeMy WebLinkAboutPC Reso07-07 Municipal Code Changes PA06-035 RESOLUTION NO. 07 - 07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REPEALING CHAPTER 8.52 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) AND ADDING CHAPTER 8.52 OF THE DUBLIN MUNICIPAL CODE RELATING TO DENSITY BONUS REGULATIONS P A 06-035 WHEREAS, the California Government Code Section 65915 requires cities to adopt an ordinance that specifies how compliance with the state density bonus statute will be implemented; and WHEREAS, the Dublin Municipal Code (Zoning Ordinance) Chapter 8.52 sets forth the City of Dublin ("City") regulations relating to density bonus; and WHEREAS, the City desires to update its density bonus regulations to comply with current state law; and WHEREAS, the Planning Commission conducted two separate study sessions on August 8, 2006 and November 14, 2006 to study the proposed amendment of Chapter 8.52 (the "Ordinance"); and WHEREAS, after incorporating the Planning Commission comments from each study session, Staff proposes that the current Ordinance be repealed, and the proposed Ordinance, as set forth in Exhibit & be adopted in its place; and WHEREAS, the Ordinance has been found to be exempt from the California Environmental Quality Act (CEQA), because the Ordinance is not a "project" within the meaning of CEQA Guidelines Section 15378, as the Ordnance has no potential for resulting in physical change in the environment, directly or ultimately and does not, in itself, allow the construction of any building or structure; and WHEREAS, the City of Dublin Planning Commission held a public hearing on February 13, 2007, for which proper notice of the public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend that the City Council adopt the Ordinance; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recomrnendations, and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby find that the proposed Ordinance, as set forth in Exhibit A of this Resolution, is consistent with the Dublin General Plan and any applicable Specific Plans, and recommends that the City Council find the same. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission recomrnends that the City Council adopt an Ordinance repealing the Dublin Zoning Ordinance Chapter 8.52 and adding the Dublin Zoning Ordinance Chapter 8.52 relating to density bonus regulations as set forth in Exhibit A of this Resolution. PASSED, APPROVED AND ADOPTED this 13thday of February 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, and Tomlinson NOES: None ABSENT: None ABSTAIN: None Planning~. ATTEST: G:IPA#\2006106-035 Density Bonus Ord AmendmentIPClpc reso approving DBO.DOC