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HomeMy WebLinkAbout8.1 Attch 2 Exh A CC OrdORDINANCE NO. xx -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) RELATED TO THE VILLAGE PARKWAY PILOT PARKING PROGRAM PLPA-2012-00033 WHEREAS, City Staff have been working to implement the goals and policies of both the Downtown Dublin Specific Plan and the subsequent recommendations of the Urban Land Institute (ULI) Technical Assistance Panel report; and WHEREAS, one of the ULI report recommendations relates to allowing greater intensity of uses in Downtown Dublin; however the Village Parkway District is limited to achieve greater vibrancy and intensity with the City's current parking standards combined with the existing building and development patterns in place; and WHEREAS, the proposed pilot parking program would be implemented for a temporary period of three years and the parking supply and demand would be managed by the property owners and tenants, and not regulated by the City; and WHEREAS, Staff presented a report to the City Council on May 15, 2012 seeking their input on the pilot parking program concept. The City Council directed Staff to proceed with preparing an amendment to the Zoning Ordinance to temporarily suspend the parking standards in a portion of the Village Parkway District for a limited term of three years; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the Zoning Ordinance Amendments on July 24, 2012 and adopted Resolution 12-xx recommending that the City Council adopt an Ordinance approving a Zoning Ordinance Amendment to Chapter 8.76 (Off-Street Parking and Loading) related to the Village Parkway Pilot Parking Program; and WHEREAS, a properly noticed public hearing was held by the City Council on 2012; and WHEREAS, pursuant to section 8.120.050.6 of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and the Downtown Dublin Specific 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 hereby ordain as follows: EXHIBIT A TO ATTACHMENT 2 SECTION 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b) (3). Section 15601(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 this 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 parking regulations that shall be followed if and when a building or structure is occupied by a user. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 2. The first paragraph of Section 8.76.080.D (Parking Requirements by Use Type -Commercial) of the Dublin Municipal Code is hereby amended to read as follows: D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as noted in the table below, with the exception of uses located on four parcels in the Village Parkway District of the Downtown Dublin Specific Plan. These properties, identified as the even numbered addresses between 7016 and 7150 Village Parkway (APNs 941-0210-002-02, 941-0210-005-04, 941-0210-005-05, and 941-0210-005-03), are not required to provide a prescribed number of parking spaces for any use that is permitted or conditionally permitted in the Downtown Dublin Zoning District. All other text in Section 8.76.080.D, and all other text in the remainder of Chapter 8.76, remains unchanged. SECTION 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. SECTION 5. Posting. 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 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this _ day of 2012, by the following votes: Page 2 of 3 AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\PA#\2012\PLPA-2012-00033 Village Parkway Pilot Parking Program\PC 07.24.2012\PC Att 3 - Exhibit A - CC Ord.doc Page 3 of 3