HomeMy WebLinkAbout6.1 Attachment 3 - Resolution Recommending City Council ApprovalAttachment 3
RESOLUTION NO. 21-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN MUNICIPAL
CODE SECTION 8.12.050 (PERMITTED AND CONDITIONALLY PERMITTED LAND USES),
SECTION 8.76.080 (PARKING REQUIREMENTS BY USE TYPE), SECTION 8.104.030 (SITE
DEVELOPMENT REVIEW WAIVER), AND SECTION 8.108.020 (USES PERMITTED WITH A
TEMPORARY USE PERMIT)
EFFECTIVE CITY-WIDE
PLPA-2021-00024
WHEREAS,the City occasionally initiates amendments to the Zoning Ordinance to clarify,
add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal
and state law, internally consistent, simple to understand and implement, and relevant to changes
occurring in the community; and
WHEREAS,on June 16, 2020, the City Council adopted Ordinance No. 08-20, approving
an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8)
to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or
standards to facilitate business operations affected by public health orders of the federal, state,
or county government designed to slow transmission of the Novel Coronavirus (COVID-19); and
WHEREAS,subsequently, the City established a COVID-19 Relief Temporary Use Permit
(TUP) application for minor temporary land uses that facilitate business operations, but deviate
from certain development standards, provided they are temporary in nature and do not increase
the intensity of the use; and
WHEREAS,the waiver of certain Zoning Ordinance requirements remained in effect for
one year from adoption and expired on June 16, 2021; and
WHEREAS,in April 2021, Staff held a roundtable meeting with restaurant owners to
understand ways the City could assist with their recovery in a post COVID-19 environment. Based
upon the success of the COVID-19 Relief TUP program and concerns about business operations
and consumer preferences post COVID-19, the restaurant owners expressed an overwhelming
desire for the City to continue to facilitate outdoor seating on both a long-term temporary and
permanent basis through relaxed regulations; and
WHEREAS,the City of Dublin initiated amendments to the Zoning Ordinance to facilitate
outdoor seating for eating and drinking establishments on both a long-term temporary and
permanent basis to aid in economic recovery post-COVID-19; and
WHEREAS,the proposed Zoning Ordinance Amendments include modifications to DMC
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking
Requirements by Use Type), Section 8.104.030 (Site Development Review Waiver), and Section
8.108.020 (Uses Permitted with a Temporary Use Permit); and
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Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
WHEREAS,the California Environmental Quality Act (CEQA), together with State
Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be
reviewed for environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to CEQA, the Planning Commission recommends that the City
Council find the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) exempt
from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can
be seen with certainty that the amendments will not have a significant effect on the environment
and are not subject to CEQA review; 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 the proposed Zoning
Ordinance Amendments on June 22, 2021; 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 City of 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 22nd day of June, 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
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