HomeMy WebLinkAboutPC Reso 08-08 Amend Zoning Ordinance Prohibiting Superstores
RESOLUTION NO. 08-08
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AS CHAPTER 8.42 OF
THE DUBLIN MUNICIPAL CODE RELATING TO SUPERSTORES
WHEREAS, the City of Dublin desires to amend its zoning ordinance to prohibit large-scale retail
establishments that sell a combination of taxable merchandise and groceries and other non-taxable
merchandise and are commonly referred to as "superstores"; and
WHEREAS, there is an emerging nationwide trend towards building "superstores," which are
generally both larger and offer a wider diversity of products than most retail establishments; and
WHEREAS, superstores typically combine general merchandise with full-service grocery sales
under one roof; and
WHEREAS, numerous local jurisdictions in the State of California have enacted ordinances that
either completely prohibit new retail stores over a certain size or requre special impact studies; and
WHEREAS, California jurisdictions that have enacted such regulations include the Cities of
Turlock, San Luis Obispo, Galt, Elk Grove, Oakland, Livermore, and Martinez, as well as Contra Costa
County; and
WHEREAS, the City Council conducted public hearings on August 21, 2007, December 4, 2007
and March 18, 2008 to study the regulation of Superstores; and
WHEREAS, 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 cenainty that there is no possibility that
the activity in question may have a significant effect on the enviromo.ent, 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; and
WHEREAS, the Staff Report dated April 8, 2008 and incorpc,rated herein by reference was
submitted recommending the Planning Commission recommend the City Council adopt an Ordinance as
Chapter 8.42 ofthe Dublin Municipal Code relating to Superstores; and
WHEREAS, the City of Dublin Planning Commission held a public hearing on said application
on April 8, 2008 for which proper notice of the public hearing was given at all respects as required by
law; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby
find that the proposed Ordinance, as set forth in Exhibit A ofthis ReHolution, 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 Dublin Planning Commission recommends that the City
Council adopt an Ordinance as Chapter 8.42 of the Dublin Municipal Code related to Superstores.
PASSED, APPROVED AND ADOPTED this 8th day of April 20m: by the following vote:
AYES:
Wehrenberg, Biddle, King
NOES:
Tomlinson
ABSENT:
Schaub
ABSTAIN:
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/ .// C "":/; &1."----
Planiiing Commlssion Chair
ATTEST:
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