HomeMy WebLinkAbout8.2 Attch 4 PC Reso recommend CC Apprv Amdmts RESOLUTION NO. 14-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), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), 8.64
(HOME OCCUPATIONS REGULATIONS), 8.76 (OFF-STREET PARKING AND LOADING
REGULATIONS), AND 8.116 (ZONING CLEARANCE) AND THE CREATION OF
CHAPTER 8.65 (COTTAGE FOOD OPERATIONS)
EFFECTIVE CITY-WIDE
PLPA-2014-00031
WHEREAS, Assembly Bill (AB) 1616 became effective on January 1, 2013 and allows
individuals to prepare and/or package certain non-potentially hazardous foods in private-home
kitchens referred to as "cottage food operations"; and
WHEREAS, AB 1616 further requires cities and counties to allow cottage food operations
in private residences but permits local ordinances that impose reasonable standards,
restrictions and requirements concerning spacing and concentration, traffic control, parking and
noise control; and
WHEREAS, Dublin Zoning Ordinance Chapter 8.64 (Home Occupations Regulations)
permits home occupations for the gainful employment of the occupant of a residential dwelling in
a limited commercial activity subject to certain standards and regulations; and
WHEREAS, the establishment of a cottage food operation in a residential dwelling would
not be consistent with the current standards and regulations for home occupations and therefore
the creation of Chapter 8.65 (Cottage Food Operations) is proposed; and
WHEREAS, Staff is also proposing associated Zoning Ordinance Amendments to: 1)
define cottage food operations; 2) establish cottage food operations as a permitted use in
agricultural and residential zoning districts; 3) establish cottage food operations as a permitted
residential accessory use; 4) exclude cottage food operations from the home occupations
regulations chapter; 5) establish a parking requirement for cottage food operations; and 6)
require a zoning clearance permit for cottage food operations; and
WHEREAS, Staff is also proposing amendments to the Home Occupations Regulations
Chapter to clarify certain standards and regulations based on enforcement activity and the
changing nature of home occupations in general; 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 CEQA Guidelines
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
ATTACHMENT 4
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 28, 2014; 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 foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby
recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and
incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 28th day of October 2014 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
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