HomeMy WebLinkAboutOrd 07-19 Approving Amendments to Zoning Ordinance Chapter 8.66 ORDINANCE NO. 07 — 19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTER 8.66
(LARGE FAMILY DAY CARE HOMES) EFFECTIVE CITY-WIDE
PLPA-2018-00030
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, the City Council approved amendments to Chapter 8.12 (Zoning Districts and
Permitted Uses of Land) on January 8, 2019 allowing review of large family day care homes subject
to a Zoning Clearance or a Minor Use Permit; and
WHEREAS, amendments to Chapter 8.66 (Large Family Day Care Homes) are now required
to be consistent with Chapter 8.12 and reflect the intent of the amendments to Chapter 8.12 approved
by the City Council on January 8, 2019; 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 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 Chapter 8.66 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 Dublin City Council recommending approval
of the proposed Zoning Ordinance Amendments to Chapter 8.66; and
WHEREAS, the City Council held a public hearing on the proposing Zoning Ordinance
Amendments on May 21, 2019, 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 hereby ordain as follows:
SECTION 1:
Pursuant to Section 8.120.050.B 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 are necessary to comply with State law and are consistent
with applicable land use regulations and development policies.
Ord 07-19, Adopted 6/4/2019, Item 4.4 Page 1 of 3
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 the 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 Chapter 8.66 of the Dublin Municipal Code (Zoning Ordinance) will
not have a significant effect on the environment. The adoption of the proposed Ordinance does not, in
itself, 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 of
itself, therefore, has no potential for resulting in significant physical change in the environment,
directly or ultimately.
SECTION 3:
Section 8.66.020 B. of the City of Dublin Municipal Code is hereby amended to read as follows:
B. Any proposed Large Family Day Care Home that does not meet the Development Standards and
Regulations contained in this Chapter(Section 8.66.030), shall be subject to a Minor Use Permit to be
reviewed by the Community Development Director as described in Chapter 8.102 (Minor Use Permit).
SECTION 4:
Section 8.66.040 of the City of Dublin Municipal Code is hereby amended to read as follows:
A Zoning Clearance shall document the compliance of the Large Family Day Care Home with the
above requirements and shall be kept on file in the Community Development Department for the
duration of the operation of the Large Family Day Care Home. If it is determined at any time that the
Large Family Day Care Home does not meet all of the Development Standards and Regulations in
Section 8.66.030, a Minor Use Permit for the Large Family Day Care Home shall be required.
SECTION 5:
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.
SECTION 6: 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.
Ord 07-19, Adopted 6/4/2019, Item 4.4 Page 2 of 3
PASSED, APPROVED AND ADOPTED this 4th day of June 2019, by the following vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord 07-19, Adopted 6/4/2019, Item 4.4 Page 3 of 3