HomeMy WebLinkAbout8.1 Attch 5 Exh A CC Ord Approval ZOA ORDINANCE NO. XX— 12
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) RELATED TO THE
VILLAGE PARKWAY MARKET-BASED PARKING PROGRAM
PLPA-2012-00033
WHEREAS, City Staff have been working to implement the goals and policies of 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 market-based parking program eliminating minimum parking
standards would be implemented for a temporary period of two 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 August 21, 2012 seeking their
input on the market-based 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 the Village Parkway District for a limited term of two years; and
WHEREAS, a Community Meeting was held on September 21, 2012 soliciting feedback
from property owners and businesses in the Village Parkway District; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on the
Zoning Ordinance Amendments on October 9, 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
Parking Reduction Program; and
WHEREAS, a properly noticed public hearing was held by the City Council on
, 2012; and
WHEREAS, pursuant to section 8.120.050.B 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 5
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.
Thirty days following the adoption of this Ordinance, 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 properties in
the Village Parkway District of the Downtown Dublin Specific Plan. Uses in the Village
Parkway District 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.
Two years following the effective date of this Ordinance, 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 follows:
All other text in Section 8.76.080.D, and all other text in the remainder of Chapter 8.76, remains
unchanged.
SECTION 4.
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.
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II
SECTION 5.
Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its
adoption.
SECTION 6.
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:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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