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HomeMy WebLinkAbout8.1 Attch 4 PC Reso Rec CC AdoptionRESOLUTION NO. 11-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN REGULATIONS), AND CHAPTER 8.108 (TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE CITY-WIDE PLPA-2011-00026 WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations; and WHEREAS, amendments are proposed to Chapter 8.40 (Accessory Structures and Uses Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail sales; and WHEREAS, amendments are proposed to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to tenant spaces with multiple functions and parking requirements for other Indoor Recreational Facilities not specifically listed in Section 8.76.080.D; and WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and WHEREAS, amendments are proposed to Chapter 8.108 (Temporary Use Permit) as it relates to other temporary land uses not specifically defined and deviating from established development standards; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and 1 of 2 ATTACHMENT 4 WHEREAS, the Planning Commission held a public hearing on said application on August 23, 2011; and WHEREAS, proper notice of said hearing was given in 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, for the reasons discussed in the staff report and based on the findings in the attached draft Ordinance, recommends that the City Council adopt the Ordinance attached as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 23~d day of August 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11PC Reso.doc 2of2