HomeMy WebLinkAboutPCReso 99-20 Rec CC Ch 8.108 TUP Ord RESOLUTION NO. 99- 20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT
TO CHAPTER 8.108, TEMPORARY USE PERMITS, OF THE MUNICIPAL
CODE (ZONING ORDINANCE), TO DELETE THE TEMPORARY USE
PERMIT "TEMPORARY OUTDOOR SALE NOT RELATED TO ON-SITE
ESTABLISHED BUSINESS (SIDEWALK SALE)"
WHEREAS, the comprehensive revision to the Zoning Ordinance (Ordinance 20-
97) was adopted by the City Council on September 2, 1997; and
WHEREAS, Chapter 8.108, Temporary Use Permits, of the revised Zoning
Ordinance addressed the permitting of temporary uses by means of the Temporary Use
Permit process within the City of Dublin; and
WHEREAS, the City Council on August 18, 1997, adopted Resolution 103-97
finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter
8.108, Temporary Use Permits, is exempt from the California Environmental Quality Act
(CEQA) because it can be seen with certainty that there is no possibility that revising the
Zoning Ordinance would have a significant effect on the environment (Section
15061 (b)(3)); and
WHEREAS, an Environmental Impact Report, SCH#84011002, was prepared for
the Dublin General Plan and certified on February 11, 1985; which addressed impacts of
the future development of the City of Dublin; and which impacts and analysis exceed the
impacts of the amendments to Chapter 8.108 the Zoning Ordinance, Temporary Use
Permits; and
WHEREAS, Staff has prepared an amendment to Chapter 8.108, Temporary use
Permits; to delete Section 8.108.020.N, Temporary Outdoor Sale Not Related To On-Site
Established Business (Sidewalk Sale) and;
WHEREAS, a staff report analyzing the amendments was submitted for PA 99-
008, which stated that the amendments to Chapter 8.108 (PA 99-008) do not represent
changes that can have any environmental effect because it can be seen with certainty that
there is no possibility that revising the Temporary Use Permit Section of the Zoning
Ordinance to delete a section would have a significant effect on the environment (Section
15061(b)(3)); and
WHEREAS, the Planning Commission held a public hearing on said amendment
to Chapter 8.108, Temporary Use Permits, on April 27, 1999, for which proper notice
was given in accordance with California State Law; and
WHEREAS, the Planning Commission at its April 27, 1999, meeting considered
all written and oral testimony submitted at the public hearing.
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find that the amendments to Chapter 8.108 (PA 99-008) do not represent
changes that can have any environmental effect because it can be seen with certainty that
there is no possibility that revising the Temporary Use Permits section of the Zoning
Ordinance to delete a section would have a significant effect on the environment (Section
15061(b)(3)), and does recommend that the City Council amend Chapter 8.108,
Temporary Use Permits, of the Municipal Code (Zoning Ordinance) as shown in
Attachment 2 to the April 27, 1999 staff report for PA 99-008.
PASSED, APPROVED AND ADOPTED THIS 27th day of April, 1999.
AYES:
Cm. Jennings, Johnson, Hughes, Musser, and Oravetz
NOES:
ABSENT:
Planning Commission~hairperson
Community Development Director
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