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Home My WebLink AboutPC Reso 12-37 Village Pkwy Parking Program RESOLUTION NO. 12 - 37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN 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 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 proposed amendments to the Zoning Ordinance are set forth in the proposed Ordinance that is attached as Exhibit A to this Resolution; and WHEREAS, the Planning Commission did hold a public hearing on the proposed modifications on October 9, 2012, for which proper notice was given in accordance with California State Law; and WHEREAS, the Planning Commission at its October 9, 2012, meeting did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, pursuant to Section 8.120.050.B of the Dublin Municipal Code, the Planning Commission finds that the Zoning Ordinance Amendment is consistent with the Dublin General Plan and all applicable Specific Plans; and WHEREAS, the Planning Commission recommends that the project be found exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code do not have the potential for causing a significant effect on the environment. 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 votes: AYES: Wehrenberg, Brown, Bhuthimethee NOES: ABSENT: Schaub, O'Keefe ABSTAIN: P ning Commission Chair ATTEST: r ., I < AssistantJComrnity Development Director G:IPA#120121PLPA-2012-00033 Village Parkway Pilot Parking ProgramlPC 10.09.20121Att 2-Reso.DOC 2 ORDINANCE 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 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. Page 2 of 3 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 G:\PA#\2012\PLPA-2012-00033 Village Parkway Pilot Parking Program\PC 10.09.2012\Att 2-Exhibit A-CC Ord.doc Page 3 of 3