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HomeMy WebLinkAbout8.2 Attch 7 PC Reso recommending CC Appr ZOA RESOLUTION NO. 13-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), 8.104 (SITE DEVELOPMENT REVIEW), 8.116 (ZONING CLEARANCE) AND THE CREATION OF CHAPTER 8.82 (DAY CARE CENTERS) EFFECTIVE CITY-WIDE PLPA-2012-00037 WHEREAS, at the June 19, 2012 City Council meeting, Staff was directed to prepare an informational report on the City's noise regulations and develop options regarding day care facilities for the City Council's consideration, including the reuse of school sites for the operation of private day care facilities; and WHEREAS, on July 17, 2012, Staff presented the report to the City Council and were directed to prepare Zoning Ordinance Amendments to establish a ministerial process for the review and approval of day care centers if they can meet established development standards; and WHEREAS, based on the City Council's direction, Staff has prepared a new Zoning Ordinance chapter to regulate the establishment of Day Care Centers; and WHEREAS, Staff is also proposing other Zoning Ordinance Amendments to: 1) streamline the review and approval of trash enclosures; 2) allow parking exceptions for new or modified trash enclosures; 3) define tutoring centers and establish them as Personal Services (use type); 4) identify language schools and private schools in the School-Commercial (use type); 5) clarify that parking lot restriping is subject to approval of a Site Development Review Waiver; 6) revise the parking requirement for Health Services/Clinics based on a Community Development Director determination; 7) clarify how the height of a retaining wall is measured; 8) allow minor exterior modifications to glass storefronts to be exempt from Site Development Review; 9) minor grammatical corrections and clarifications in the Site Development Review Chapter; and 10) revisions to the Zoning Clearance chapter to establish consistency and clarity among the various types of permits subject to a Zoning Clearance; 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 Planning Commission recommend that the City Council find this project exempt in accordance with Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment; 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 ATTACHMENT 7 WHEREAS, the Planning Commission held a public hearing on the project on September 10, 2013 at which time all interested parties had the opportunity to be heard; 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 does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 10th day of September 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 2 of 2