HomeMy WebLinkAbout8.2 Attch 5 Reso to adopt Ord-Land usesRESOLUTION 12-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING A NEW
CHAPTER 8.43 AND AMENDING CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING
DISTRICTS AND PERMITTED USES OF LAND) AND 8.116 (ZONING CLEARANCE) TO THE
DUBLIN MUNICIPAL CODE TO REGULATE THE LOCATION OF TOBACCO RETAILERS
WITHIN THE CITY OF DUBLIN
CITY-WIDE
WHEREAS, studies show that tobacco use among our youth continues to rise with a
particular impact among our high school students; and
WHEREAS, although it is unlawful to sell tobacco products and/or tobacco paraphernalia
to minors, studies have shown that more than 900 million packs of cigarettes are consumed by
minors 12 to 17 years of age each year; and
WHEREAS, in the City of Dublin over the past 14 year period there has been a 9% sales
rate to minors during sting operations; and
WHEREAS, the City of Dublin has a substantial interest in discouraging the purchase of
tobacco products by minors, and protecting children from being lured into illegal activity through
the misconduct of adults; and
WHEREAS, the California Constitution, Article XI, section 7, provides cities and counties
with the authority to enact ordinances to protect the health, safety, and welfare of their citizens;
and
WHEREAS, zoning regulations are necessary to control the location and operation of the
sale or exchange of tobacco products and/or tobacco paraphernalia for the protection of public
health, safety and welfare; 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
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ATTACHMENT 5
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending City Council approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the Planning Commission held a public hearing on said application on
October 9, 2012; and
and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
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 does
hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 9th day of October 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
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