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HomeMy WebLinkAboutPCReso 97-09 Rec CC Amnd Inclusionary ZO RESOLUTION NO. 97 - 09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDED INCLUSIONARY ZONING ORDINANCE AND REVISED METHOD FOR DETERMINING THE AMOUNT OF THE IN-LIEU FEE WHEREAS, pursuant to the City of Dublin Housing Element Strategy 1.B., the City of Dublin prepared an Inclusionary Zoning Ordinance and method for determining the amount of the lnclusionary Unit In-Lieu Fee (In-Lieu Fee); and WHEREAS, the Inclusionary Zoning Ordinance and the method tbr determining the amount of the In-Lieu Fee were reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and the Dublin Environmental Guidelines; 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 Inclusionary Zoning Ordinance and the method for determining the In- Lieu Fee; and WHEREAS, the program proposed in the Inclusionary Zoning Ordinance, including the method for determining In-Lieu Fees, did not raise any new significant environmental issues which were not addressed in the Dublin General Plan Environmental Impact Report, and therefore a Negative Declaration was prepared for said project pursuant to the California Envirorunental Quality Act (CEQA), State CEQA Guidelines, and the City of Dublin Environmental Guidelines; and WHEREAS, a staff report was submitted for PA 96-018, recommending that the Planning Commission recommend that the City Council adopt a Negative Declaration for the Inclusionary Zoning Ordinance and establish a method for determining the amount of the In-Lieu Fee; and WHEREAS, the Planning Commission held a public hearing on said Inclusionary Zoning Ordinance, method for determining the amount of the In-Lieu Fee, and Negative Declaration on May 7, 1996, for which proper notice was given in accordance with California State Law; and WHEREAS, the Planning Commission at its May 7, 1996, meeting adopted Resolution 96-14 recommending that the City Council adopt a Negative Declaration, and approve the draft Inclusionary Zoning Ordinance (including the method for determining the In-Lieu Fee); and WHEREAS, the City Council on June 11, 1996, adopted Resolution 80-96 adopting a Negative Declaration for the Inclusionary Zoning Ordinance and establishing a method for determining the amount of the In-Lieu Fee; and WHEREAS, the City Council on July 9, 1996, adopted Ordinance 14-96 establishing Zoning Ordinance Provisions Relating to Inclusionary Housing (Inclusionary Zoning Ordinance); and WHEREAS, the City Council on January 21, 1997, directed Staff to prepare an amended Inclusionary Zoning Ordinance which provides for the payment of the In-Lieu Fee for each dwelling unit at the time the building permit is issued for that dwelling unit; and to revise the method of determining the In-Lieu Fee to state that the fee will be charged only for habitable areas and not for garages; and WHEREAS, The proposed amendments to the Inclusionary Zoning Ordinance and the method of determining the In-Lieu Fee address the timing of payment of in-lieu fees, the means of their calculation, and the amount of funds realized; and WHEREAS, The Negative Declaration adopted on June 11, 1996, addresses all impacts of the Inclusionary Zoning Ordinance including the proposed amendments thereto; and WHEREAS, These amendments would not have significant impacts on the environment that were not addressed by the adopted Negative Declaration; and WHEREAS, a Staff Report was submitted for PA 97-010, the proposed amendment to the Inclusionary Zoning Ordinance and to the revised method for determining the amount of the In-Lieu Fee; and WHEREAS, the Planning Commission held a public hearing on said amendment to the Inclusionary Zoning Ordinance and to the revised method for determining the amount of the In-Lieu Fee on April 22, 1997, for which proper notice was given in accordance with California State Law; and WHEREAS, the Planning Commission at its April 22, 1997, meeting considered all written and oral testimony submitted at the public hearing. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council amend the Inclusionary Zoning Ordinance (Attachment 1) and adopt a resolution revising the method for determining the amount of the In-Lieu Fee (Attachment 2). PASSED, APPROVED AND ADOPTED THIS 22nd day of April, 1997. AYES: Commissioner's Jennings, Johnson and Oravetz NOES: ABSENT: Commissioner's Fasulkey and Hughes ~lannix~g Commissio Chairperson t/Chai Community Development Director