HomeMy WebLinkAbout8.1 Attch 1 Exh A CC Ord ZOA Shared Parking ORDINANCE NO. XX -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING ZONING ORDINANCE CHAPTER 8.76 (OFF STREET PARKING AND LOADING)
AS IT RELATES TO SHARED PARKING
PLPA 2010-00015
WHEREAS, as part of the 2009/2010 Goals and Objectives, the City Council established
goals to review parking standards and examine the City's Zoning Ordinance requirements to
streamline entitlements for businesses seeking to locate in the City of Dublin; and
WHEREAS, as part of this effort, the City Council has adopted Zoning Ordinance
amendments related to Indoor Recreational Facilities, Large Family Day Care Homes, Eating ,
and Drinking Establishments, and Outdoor Seating; and
WHEREAS, Staff has identified proposed amendments to the Dublin Zoning Ordinance
to modify the permit requirements for Parking Reductions for Shared Parking in order to
streamline the application process for these types of requests. The amendment includes a
modification to Chapter 8.76 (Off Street Parking and Loading); and
WHEREAS, the text amendments are shown in Section 2 of this Ordinance; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on the
Zoning Ordinance Amendment on June 15, 2010 and adopted Resolution 10-
recommending that the City Council approve amendments to Title 8(Zoning Ordinance) of the
Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on July 20,
2010; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve
the Zoning Ordinance Amendment; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council finds that the Zoning Ordinance Amendment is consistent with the Dublin General Plan;
and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
EXHIBIT A TO
ATTACHMENT 1
Section 1:
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this Ordinance to be exempt from CEQA per CEQA Guidelines Section 15061(b)(3). The
Section 15061(b)(3) exemption is based on the general rule that CEQA applies only to those
projects that have the potential to cause a significant effect on the environment. The adoption of
this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the
construction of any building or structure, but rather sets forth the regulations that shall be
followed if and when a parking reduction for shared parking is requested. This Ordinance of
itself has no potential for resulting in significant physical change in the environment, directly or
ultimately.
Section 2:
Subsection F of section 8.76.050 of Title 8 of the Dublin Municipal Code is amended to read as
follows, with deletions shown in and additions shown as underlined.
Section 8.76.050
F. Parking Reductions for Shared Parking. When shared off-street parking is proposed
between two or more adjacent use types, the ~e^~^^ ~~'''''ini~~r~4nr Communitv
Development Director may grant a reduction in off-street parking requirements (from the
sum of the parking required by each use type) in compliance with Chapter 8.~-A9102,
~~a~ Minor Use Permit. Reductions for shared parking may be granted if the
Community Development Director finds each of the followinq standards are met: a-~e~
ren~ ~iremen4 C i~+ me~• .
1. The G~a~ Minor Use Permit findings can be made. I
I
2. A sufficient number of spaces are provided to meet the greatest parking demands
of the participating use types and to ensure that there will not be a parking '
deficiency. ,
3. Satisfactory evidence is provided that the use types, by their natures and
operating times, will not conflict with each other.
4. Overflow parking will not adversely affect any adjacent use.
5. Additional documents, covenants, deed restrictions, or other agreements as may
be deemed necessary by the ~~mir~i~+~r~~nr Community Development
Director are executed to assure that the required parking spaces provided are
maintained and that uses with similar hours and parking requirements as those
uses sharing the parking facilities remain for the life of the documents, covenants,
deed restrictions, or other agreements.
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Section 3:
Severability. In the event any section or portion of this Ordinance shall be determined invalid
or unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
Section 4:
Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the
provisions of this chapter are repealed. The provisions of this chapter, insofar as they are
substantially the same as existing code provisions relating to the same subject matter shall be
construed as restatements and continuations thereof and not as new enactments. With respect,
however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective
date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed
to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings,
with respect to any such violation, right, liability or appeal.
Section 5•
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. 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 39633 of the
Government Code of California.
Page 3 of 4
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
17th day of August 2010, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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