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HomeMy WebLinkAboutItem 6.2 Amend Zoning Ord or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #450-20 DATE: July 21, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Amendments to Dublin Zoning Ordinance Chapters 8.08 (Definitions), 8.40 (Accessory Structures and Uses Regulations), and 8.76 (Off-Street Parking and Loading Regulations) - PLPA-2015-00028 Prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The City Council will consider amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations in Chapters 8.08 (Definitions), 8.40 (Accessory Structures and Uses Regulations), and 8.76 (Off-Street Parking and Loading Regulations). The amendments include clarifying the allowed accessory uses and activities in residential zoning districts, amending existing definitions and creating new definitions for several residential use types and massage establishments in the definitions chapter, and clarifying the parking requirements for each residential use type in the parking chapter. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, waive the reading, and INTRODUCE an Ordinance Approving Amendments to Dublin Zoning Ordinance Chapters 8.08 (Definitions), 8.40 (Accessory Structures and Uses Regulations), and 8.76 (Off- Street Parking and Loading Regulations). Submitted By 'Reviewed By Community Development Director Assistant City Manager DESCRIPTION: Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent, simple to Page 1 of 5 ITEM NO. 6.2 understand and implement, and relevant to changes occurring in the community. The changes proposed at this time relate to clarifying the allowed accessory uses and activities in residential zoning districts, amending existing definitions and creating new definitions for several residential use types in the definitions chapter, and clarifying the parking requirements for each residential use type in the parking chapter. ANALYSIS: The following discussion summarizes the proposed amendments to each of these chapters. Underlined text is proposed to be added and text with a strikethro u ryh is proposed to be deleted. Proposed Amendment 1: Remove the definition for "Conditional Use Permit". Chapter 8.08 (Definitions) currently contains a definition to describe a Conditional Use Permit. However, Conditional Use Permits are addressed in Chapter 8.100 of the Zoning Ordinance. No other permit types (such as Site Development Review, Zoning Clearance, etc.) are defined in Chapter 8.08. Additionally, Chapter 2.12.060 of the DMC does not define a Conditional Use Permit. Because this definition is not needed, and as written it is internally inconsistent with another chapter of the Municipal Code, Staff proposes to remove the following definition. CondWonal Use Oe nit The term Gonditnal Use Perms defined in Chapter ') 06 vvrrcrr rc-rrr�--vvrrcrr�-rc.�-rcn--�.rcT�-rmrCtirrccrrrrvrra�rCi-�t��v�vv of the Dubhin MuniGipal Code. Proposed Amendment 2: Add definitions for "Apartment", "Condominium", "Senior Citizen Apartment", and "Townhouse", and revise the definitions for "Duplex" and "Massage Establishment". Chapter 8.76 (Off-Street Parking and Loading) provides parking requirements by use type. This Chapter refers to residential product types such as apartments, condominiums, and single- family homes, but there are definitions for only a few of these. In order to aid in the implementation of the City's parking requirements, Staff proposes to add the following definitions to Chapter 8.08 (Definitions): Apartment. The term Apartment shall mean a multi-family building of three or more individual residential units that is under single ownership. Condominium. The term Condominium shall mean a multi-family building where the units are individually owned and the common space is owned collectively by condominium unit owners. Senior Citizen Apartment. The term Senior Citizen Apartment shall mean a multi-family building of three or more residential units that is under single ownership where all units are restricted to occupants aged 62 and above. Townhouse. The term Townhouse shall mean a single-family unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and with its own front and rear access to the outside. A townhouse unit can be individually owned. Staff proposes to amend the following existing definition in Chapter 8.08: Page 2 of 5 Duplex. See h4ulfifamfiy Resklon„o q building on a single lot containing two dwelling units each of which is totally separated from the other by a shared wall that extends from the foundation to the roof. Another definition that requires revisions to ensure compliance with recently-proposed amendments is the definition of Massage Establishment. On June 16, 2015, the City Council introduced an Ordinance amending Chapter 4.20 and Chapter 8 related to the regulation of massage establishments. To ensure that the definition of Massage Establishment is in conformance with the amended regulations, Staff proposes to amend the definition in Chapter 8.08 as follows: Massage Establishment (use type). The term Massage Establishment shall moan an establishment having a fixed plaGe of business where any per-son engages in OF Garn.es on OF penngs to be engaged in OF Gan4eed on any of the aGfivities inGluded in the definition o massa.ge and b-athhouse shag be deemed a massage establishment A Conditional Use -hag not be required for a Massage Establishment if it �s lOGated within a hospital, home, or sanitarium, OF for per-sons holding an unrevoked Ged&ate to praGUGe the heahing alls under the laws of the State of Gahifornia, or per-sons working under th direGfiOn of any SUGh per-sons in any sUGh establishments, nor shag it be required fe holding a vaW, unrevoked hic-ense OF GeltifiGate of registration issued by the state o Galifeia The term Massage Establishment shall mean any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of"Massage" Proposed Amendment 3: Painting of vehicles in residential districts. The painting of vehicles in a residential district is currently prohibited by the Zoning Ordinance. Staff is proposing amendments to Section 8.40.030.E.7 and Section 8.76.060.J to bring further clarity to these regulations which seek to maintain the residential character of neighborhoods by eliminating the potential for unsightly conditions and the odor and noise associated with such activities. The following are the proposed amendments to the existing language. The proposed amendment to Section 8.40.030.E.7 will remove the word "motorized" from the description to clarify that whether it is an automobile, boat, trailer, or other type of vehicle, whether motorized or not, is not allowed to be painted in a residential area. Section 8.40.030.E.7 (Repair and maintenance of automobiles or other vehicles). The repair and maintenance of automobiles or other vehicles is permitted if work is being done on a vehicle registered to the occupant of the premises. Notwithstanding the above, painting of m^t ad vehicles, or the repair and maintenance of any tractor trucks or semi- trucks is prohibited in any residential zoning district. No sound associated with the repair or maintenance of automobiles shall be audible at the property line." Section 8.76.060.)(Repair; or dismantling or painting-of parked vehicles). No vehicle shall be parked in the Front Setback, area in front of a residence but behind the Front Setback, Street Side Setback in front of a fence, a Side Setback visible from the street, or driveway for the purpose of repair or dismantling r "fig. Repair shall mean brake repair, engine or transmission repair or replacement, the replacement of parts under the hood of a vehicle (with the exception of fluids, batteries, and filters), and the replacement of parts under the vehicle. Page 3 of 5 The proposed amendment will remove all reference to "painting" in this section. The Accessory Uses Section (Section 8.40.030.E.7) specifically prohibits the painting of vehicles in residential zoning districts, yet by referencing painting, Section 8.76.060.J seems to imply that there are locations in which someone could paint a vehicle at a residence. That is not the case. Proposed Amendment 4: Clarify parking requirements. Amend Section 8.76.080.13 (Parking Requirements by Use Type — Residential Use Types) to add "townhouse" to the category of residential use types that require two enclosed garage parking spaces per unit and clarify where unenclosed/guest parking may be accommodated. Only the following rows in the table for this section are proposed to be changed, as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Single-Family/Duplex/Townhouse Lots of 4,000 square feet or less 2 in enclosed garage per dwelling* plus one on-street parking space per dwelling unit within 150 feet of that dwelling unit. Lots greater than 4,000 square feet 2 in enclosed garage per dwelling* plus one parking space per dwelling unit provided in the driveway or on- street within 150 feet of that dwelling unit. Staff has prepared draft Zoning Ordinance Amendments to address the proposed amendments described above, which are detailed in Attachment 1. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of residential uses and the proposed Zoning Ordinance Amendments facilitate residential development by bringing greater clarity and consistency to existing regulations. PLANNING COMMISSION REVIEW The Planning Commission reviewed the proposed Zoning Ordinance Amendments at a public hearing on June 23, 2015 (Attachment 2). After discussion and deliberation, the Planning Commission adopted Resolution 15-05 recommending approval of the Ordinance to the City Council (Attachment 3). NOTICING REQUIREMENTS/PUBLIC OUTREACH: A Public Notice was published in the Valley Times and posted at several locations throughout the City and provided to all parties who have requested such notice. The Staff Report for this public hearing was also made available on the City's website. ENVIRONMENTAL REVIEW: 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. Pursuant to CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section Page 4 of 5 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that may 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 allow the establishment of any use or the construction of any building or structure, but sets forth the regulations that shall be followed if and when a use is proposed to be established, or a building or structure is proposed to be constructed, or a site is proposed to be developed. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENTS: 1. Ordinance Approving Amendments to Dublin Zoning Ordinance Chapters 8.08 (Definitions), 8.40 (Accessory Structures and Uses Regulations), and 8.76 (Off-Street Parking and Loading Regulations). 2. June 23, 2015 Planning Commission Meeting Minutes (Draft) 3. Planning Commission Resolution 15-05 Page 5 of 5 ORDINANCE NO. xx — 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), AND 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) EFFECTIVE CITY-WIDE PLPA-2015-00028 WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, proposed amendments relate to clarifying the allowed accessory uses and activities in residential zoning districts, amending existing definitions and creating new definitions for several residential use types in the definitions chapter, and clarifying the parking requirements for each residential use type in the parking chapter; and WHEREAS, the Planning Commission held a public hearing on June 23, 2015 and adopted Resolution 15-05 recommending City Council adoption of the proposed Zoning Ordinance Amendments; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the City Council held a public hearing on the project on July 21, 2015, 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 City Council 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, the City Council of the City of Dublin does ordain as follows: SECTION 1: Pursuant to Section 8.120.050.13 of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the amendments propose procedural, clean-up and minor revisions and raise no inconsistencies with the General Plan or any specific plans. SECTION 2: 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. Pursuant to CEQA, the City Council hereby finds the 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. The adoption of the proposed Ordinance does not allow the establishment of any use or the construction of any building or structure, but sets forth the regulations that shall be followed if and when a use is proposed to be established, or a building or structure is proposed to be constructed, or a site is proposed to be developed. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 3: Section 8.08.020 is hereby amended to add the following definitions: Apartment. The term Apartment shall mean a multi-family building of three or more individual residential units that is under single ownership. Condominium. The term Condominium shall mean a multi-family building where the units are individually owned and the common space is owned collectively by condominium unit owners. Senior Citizen Apartment. The term Senior Citizen Apartment shall mean a multi-family building of three or more residential units that is under single ownership where all units are restricted to occupants aged 62 and above. Townhouse. The term Townhouse shall mean a single-family unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and with its own front and rear access to the outside. A townhouse unit can be individually owned. The following definitions are proposed to be amended to read as follows: Duplex. A building on a single lot containing two dwelling units each of which is totally separated from the other by a shared wall that extends from the foundation to the roof. Massage Establishment. Any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of"Massage." The definition for a "Conditional Use Permit" is proposed to be removed from Chapter 8.08. SECTION 4: Section 8.40.030.E.7 is hereby amended to read as follows: Repair and maintenance of automobiles or other vehicles. The repair and maintenance of automobiles or other vehicles is permitted if work is being done on a vehicle registered to the occupant of the premises. Notwithstanding the above, painting of vehicles, or the repair and maintenance of any tractor trucks or semi-trucks is prohibited in any residential zoning district. No sound associated with the repair or maintenance of automobiles shall be audible at the property line. 2of3 SECTION 5: Section 8.76.060.J is hereby amended to read as follows: Repair or dismantling of a parked vehicle. No vehicle shall be parked in the Front Setback, area in front of a residence but behind the Front Setback, Street Side Setback in front of a fence, a Side Setback visible from the street, or driveway for the purpose of repair or dismantling. Repair shall mean brake repair, engine or transmission repair or replacement, the replacement of parts under the hood of a vehicle (with the exception of fluids, batteries, and filters), and the replacement of parts under the vehicle. SECTION 6: The following rows in the table of Section 8.76.080.13 (Parking Requirements by Use Type — Residential Use Types) are hereby amended to read as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Single-Family/Duplex/Townhouse Lots of 4,000 square feet or less 2 in enclosed garage per dwelling* plus one on-street parking space per dwelling unit within 150 feet of that dwelling unit. Lots greater than 4,000 square feet 2 in enclosed garage per dwelling* plus one parking space per dwelling unit provided in the driveway or on- street within 150 feet of that dwelling unit. All other rows in Section 8.76.080.13 shall remain as is. SECTION 7: Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. 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 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this_ day of , 20157 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 3 of 3 DRAFT DRAFT 4ggj l�r,'q Planning Commission Minutes Tuesday, June 23, 2015 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, June 23, 2015, in the City Council Chambers located at 100 Civic Plaza. Chair Goel called the meeting to order at 7:00 p.m. Present: Chair Goel; Commissioners Do, Bhuthimethee and Mittan; Jeff Baker, Assistant Community Development Director; Kit Faubion, City Attorney; Kristi Bascom, Principal Planner; and Debra LeClair, Recording Secretary. Absent: Vice Chair Kohli ADDITIONS OR REVISIONS TO THE AGENDA— NONE MINUTES OF PREVIOUS MEETINGS — On a motion by Cm. Do and seconded by Cm. Mittan, on a vote of 4-0, with Vice Chair Kohli absent, the Planning Commission approved the minutes of the May 26, 2015 meeting. ORAL COMMUNICATIONS — NONE CONSENT CALENDAR.— NONE WRITTEN COMMUNICATIONS — NONE PUBLIC HEARINGS — 8.1 PLPA-2015-00028 Amendments to Dublin Zoning Ordinance Chapters 8.08 (Definitions), 8.40 (Accessory Structures and Uses Regulations), and 8.76 (Off-Street Parking and Loading Regulations) Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report. An SB 343 form was submitted to the Planning Commission to update the definition of Massage Establishment in the City Council Ordinance. Cm. Do asked how "vehicle" is defined in the context of the proposed Ordinance and if that definition applies to bicycles, etc. Jeff Baker, Assistant Community Development Director, answered that the current Ordinance does not allow vehicle painting and was related to automobile type vehicles. He stated that there have been some cases where an automobile was being painted which did not have a motor or it was a boat trailer, etc. He stated that the intent of the Ordinance is to eliminate noxious odor from painting in a residential area. Chair Goel asked why not reference the vehicle code. 41tanning Commission June 23, 2015 4'age I /9 DRAFT DRAFT Ms. Bascom answered that Staff was not aware if the vehicle code references motorized or non- motorized vehicles. She stated that the goal was to make the Ordinance clear that there should be no painting of any vehicles, motorized or non-motorized. She stated that, in discussions with Code Enforcement Staff, this change would provide the clarity they needed to enforce the Ordinance in the field. Chair Goel asked if trailers would be considered vehicles. Mr. Baker answered yes and stated that this change provides enough flexibility to implement the Ordinance in a reasonable manner. Chair Goel felt that a trailer does not fit in the definition of a vehicle. He asked if there is a definition for a trailer in the Ordinance. He wanted to ensure that the intent is covered in the Ordinance regarding trailers. Mr. Baker stated that Staff looks at the intent of the Ordinance, uses a reasonableness standard, and would refer to other sections of the Zoning Ordinance for guidance. While there is no specific definition of a vehicle, there is a definition of an "inoperable vehicle" which is a "car, motor home, truck, van, boat, commercial vehicle or other vehicles or similar as determined by the Community Development Director..." He stated that there has been an issue in the past where someone felt that what they were painting was not a motorized vehicle (such as a car body without a motor); removing the word "motorized" will provide clarity. Cm. Do asked for the definition of sound and how much is too much sound/noise. Mr. Baker responded that noise is a relative term, where Staff may have to use a reasonableness perspective, and gave an example of an air compressor drill or other loud noises which could be a nuisance. Cm. Mittan asked if the Ordinance references "what a reasonable person would assume..." Kit Faubion, City Attorney, stated that the Zoning Ordinance has a general provision for interpreting and making determinations by the Community Development Director. She stated that if the content is close enough or can be interpreted as a reasonable person would, then the Director has the discretion to deal with the issue. She stated that the term "motorized" is a good example because the vehicle is either motorized or not and that would be something that would constrain an interpretation that might otherwise be unreasonable. Chair Goel asked if the Ordinance would apply to a homeowner repairing his/her own vehicle on their driveway. Mr. Baker answered that it does apply. He stated that there has been a long standing regulation restricting vehicle repair to a garage where it is not visible from the street. Chair Goel asked about repairing a flat tire. Mr. Baker answered that the City again uses a reasonableness approach to enforcement and it is unlikely that an occasional flat tire would raise to the level of enforcement; however, this is opposed to a situation where a resident is running a tire repair business in their driveway, or a chronic issue such as resident that is tearing apart a motor for months. 41 tanning inn Coaaaaaaissio n june 22, 2015. (kgjuka w.`JOleel aaaif c1"as g e 120 DRAFT DRAFT Chair Goel asked if there is an assumption that there will be no driveway on lots of 4,000 sf or less. Ms. Bascom answered yes; small lot, single-family cluster homes typically have no driveway, or could be clustered around a common driveway, but there are typically no individual driveways for each unit. She stated that smaller lots are required to have two enclosed garage spaces and one additional parking space per unit within 150 feet. Ms. Faubion mentioned that, while not common in Dublin, there are instances where there are alley-loaded garages without a driveway. Chair Goel asked what the purpose is of stating the driveway issue in larger lots if the other parking space could be within 150 feet of the unit. Ms. Bascom responded that, for lots greater than 4,000 sf, the parking space does not necessarily have to be on the street but could be on the driveway and be counted as a parking space. Cm. Do asked if a future developer can count the driveway as part of the parking requirement for their project. Ms. Bascom answered that the City currently allows the developer to count the driveway as parking. She stated that the only item not mentioned in the Ordinance is that the parking space could be provided on the driveway or on the street. Chair Goel asked if the words "enclosed garage" would also be for a "common garage." Ms. Bascom answered yes; not just covered but enclosed. Typically a single-family home or townhome does not have a common garage which is more typical for apartments or condominiums which have different parking requirements. Cm. Bhuthimethee asked if this Ordinance would apply to all new construction. Ms. Bascom answered that the Ordinance would apply to any units. Cm. Bhuthimethee asked if the Ordinance would apply to a secondary unit. Ms. Bascom answered that there are different parking requirements for second units. Ms. Bhuthimethee asked about the SB 343 form with the revised City Council Ordinance attached that amended the Massage Establishment definition. Mr. Baker responded that there were a couple of definitions that were amended as part of the Massage regulations; however, this definition was not included in the amendments to the Massage Ordinance, and some of the language in this definition conflicts with the revised Massage regulations. Chair Goel opened the public hearing and with no speakers, closed the public hearing. 41tanning Commission June 23, 2015 (kgjuka w.`JOleel aaaif Waage I 21 DRAFT DRAFT On a motion by Cm. Do and seconded by Cm. Bhuthimethee, on a vote of 4-0, with Vice Chair Kohli being absent, the Planning Commission unanimously adopted: RESOLUTION NO. 15 - 05 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), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), AND 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) EFFECTIVE CITY-WIDE NEW OR UNFINISHED BUSINESS — NONE OTHER BUSINESS - NONE 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 10.2 Mr. Baker informed the Planning Commission that there will tentatively be meetings on both July 14t" and 28t" ADJOURNMENT — The meeting was adjourned at 7:26:06 PM Respectfully submitted, Planning Commission Chair ATTEST: Jeff Baker Assistant Community Development Director G:IMINUTESI20151PLANNING COMMISSIONI06.23.15 DRAFT PC MINUTES.docx 41tanning Commission June 23, 2015 (kqpd a w.Alleet aaaif 41asge RESOLUTION NO. 15-05 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), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), AND 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) EFFECTIVE CITY-WIDE PLPA-2015-00028 WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, proposed amendments relate to clarifying the allowed accessory uses and activities in residential zoning districts, amending existing definitions and creating new definitions for several residential use types in the definitions chapter, and clarifying the parking requirements for each residential use type in the parking chapter; 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 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 June 23, 2015- 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 23rd day of June 2015 by the following vote: AYES: Goel, Do, Mittan, Bhuthimethee NOES: ABSENT: Kohli ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 2of2