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HomeMy WebLinkAboutPCReso 98-41 PA98-052 Rec CC Amend ZO Re: Appeals RESOLUTION NO. 98- 41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 8.136, APPEALS OF THE MUNICIPAL CODE (ZONING ORDINANCE) WHEREAS, the comprehensive revision to the Zoning Ordinance (Ordinance 20- 97) was adopted by the City Council on September 2, 1997; and WHEREAS, Chapter 8.136, Appeals, of the revised Zoning Ordinance addressed appeals to the provisions of the Zoning Ordinance; and WHEREAS, the City Council on August 18, 1997, adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter 8.136, Appeals, is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that revising the Zoning Ordinance would have a significant effect on the environment (Section 15061 (b)(3); and WHEREAS, the amendments to Chapter 8.136, Appeals, do not represent changes that can have any environmental effect because it can be seen with certainty that there is no possibility that revising the Zoning Ordinance would have a significant effect on the environment (Section 15061 (b)(3); and WHEREAS, an Environmental Impact Report, SCH#84011002, was prepared for the Dublin General Plan and certified on February 11, 1985; which addressed impacts of the future development of the City of Dublin; and which impacts and analysis exceed the impacts of the amendments to Chapter 8.136 the Zoning Ordinance, Appeals; and WHEREAS, a staff report was submitted for PA 98-052, which stated that the amendments to Chapter 8.136 (PA 98-052) do not represent changes that can have any environmental effect because it can be seen with certainty that there is no possibility that revising the Zoning Ordinance would have a significant effect on the environment (Section 15061(b)(3); and WHEREAS, the Planning Commission at its September 22, 1998, meeting adopted Resolution 98-xx finding that the amendments to Chapter 8.136 (PA 98-052) do not represent changes that can have any environmental effect because it can be seen with certainty that there is no possibility that revising the Zoning Ordinance would have a significant effect on the environment (Section 15061(b)(3); and WHEREAS, Staff has prepared an amendment to Chapter 8.136, Appeals; to clarify how a member of the City Council could appeal a decision of the Planning Commission and; WHEREAS, a Staff Report was submitted for PA 98-052, the proposed amendment to Chapter 8.136, Appeals; and WHEREAS, the Planning Commission held a public hearing on said amendment to Chapter 8.136, Appeals on September 22, 1998, for which proper notice was given in accordance with California State Law; and WHEREAS, the Planning Commission at its September 22, 1998, meeting considered all written and oral testimony submitted at the public hearing. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that the amendments to Chapter 8.136 (PA 98-052) do not represent changes that can have any environmental effect because it can be seen with certainty that there is no possibility that revising the Zoning Ordinance in such a manner would have a significant effect on the environment (Section 15061(b)(3), and does recommend that the City Council amend Chapter 8.136, Appeals, of the Municipal Code (Zoning Ordinance). PASSED, APPROVED AND ADOPTED THIS 22nd day of September, 1998. AYES: Cm. Johnson, Hughes, and Oravetz NOES: ABSENT: Cm. Jennings, and Musser Planning Co .mhaission Chairperson Community Development Director g:pa98052\pcres