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HomeMy WebLinkAbout8.1 Attch 1 CC Ord 19-12 ORDINANCE NO. 19 — 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 p g 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 vibra nc y 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 w tenants and not regulated b the and demand would be managed b the roe owners and Y a 9 g Y property rtY 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 and 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 and businesses in the Village Parkway District' and from property owners g Y , p p Y WHEREAS, the Planning Commission did hold a properly noticed public hearing on the Zonin g Ordinance Amendments on October 9, 2012 and adopted Resolution 12-37 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 November 20, 2012; and WHEREAS, pursuant to section 8.120.050,13 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. Page 1 of 3 ATTACHMENT 1 NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: 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: remains All other text in Section 8.76.080.D, and all other text in the remainder of Chapter 8.76 unchanged. SECTION 4. Severa ill . The provisions of this Ordinance are severable and if an provision, clause, b p any 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 2of3 SECTION 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. SECTION 6. Posting. The City lerk of the City of Dublin shall cause this Ordinance to be posted in at least 9 Y Y p 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 41h day f December 2012, b the following Y Y 9 vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: 1 Z- City Clerk Ord 19-12,Adopted 12-4-12, Item 4.3 Page 3 of 3