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Home My WebLink AboutPC Reso 10-30 ZOA Chapter 8.76 DMC for Shared Parking RESOWTION NO. 10 - 30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF ZONING ORDINANCE AMENDMENTS TO CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) AS IT RELATES TO SHARED PARKING PLPA-2010-00015 WHEREAS, as part of the 2009/2010 Goals and Objectives, the City Council established goals to review parking standards and examine the City's Zoning Ordinance requirements to streamline entitlements for businesses seeking to locate in the City of Dublin; and WHEREAS, as part of this effort, the City Council has adopted Zoning Ordinance amendments related to Indoor Recreational Facilities, Large Family Day Care Homes, Eating and Drinking Establishments, and Outdoor Seating; and WHEREAS, Staff has identified proposed amendments to the Dublin Zoning Ordinance to modify the permit requirements for Parking Reductions for Shared Parking in order to streamline the application process for these types of requests. The amendment includes a modification to Chapter 8.76 (Off Street Parking and Loading); and WHEREAS, the proposed Zoning Ordinance amendments are set forth in the draft Ordinance that is attached as Exhibit A to this Resolution; and WHEREAS, pursuant to Section 8.120.050.B of the Dublin Municipal Code, the Planning Commission finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans; and WHEREAS, the project has been found to be exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because the proposed Zoning Ordinance Amendments do not have the potential for causing a significant effect on the environment; and WHEREAS, the Planning Commission did hold a public hearing on the proposed Zoning Ordinance amendments on June 15, 2010, for which proper notice was given in accordance with California State Law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council approval of the proposed Zoning Ordinance Amendments; and , WHEREAS, the Planning Commission at its June 15, 2010 meeting did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW THEREFORE, BE IT RESOLVED THAT based on the Staff Report analysis the Dublin Planning Commission does hereby recommend that the City Council approve the proposed Zoning Ordinance Amendments as described in Exhibit A to this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of June 2010 by the following votes: AYES: Brown, Swalwell, Wehrenberg, Schaub NOES: ABSENT: King ABSTAIN: ~ Planning Co mission airperson ATTEST: . _ Planning ger G:IPA#120101PLPA-2010-00015 ZOA Shared ParkinglPC 06.15.101PC Reso 06.15.10.DOC 2 Of 2 ORDINANCE NO. XX -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTER 8.76 (OFF STREET PARKING AND LOADING) AS IT RELATES TO SHARED PARKING PLPA 2010-00015 WHEREAS, as part of the 2009/2010 Goals and Objectives, the City Council established goals to review parking standards and examine the City's Zoning Ordinance requirements to streamline entitlements for businesses seeking to locate in the City of Dublin; and WHEREAS, as part of this effort, the City Council has adopted Zoning Ordinance amendments related to Indoor Recreational Facilities, Large Family Day Care Homes, Eating , and Drinking Establishments, and Outdoor Seating; and WHEREAS, Staff has identified proposed amendments to the Dublin Zoning Ordinance to modify the permit requirements for Parking Reductions for Shared Parking in order to streamline the application process for these types of requests. The amendment includes a modification to Chapter 8.76 (Off Street Parking and Loading); and WHEREAS, the text amendments are shown in Section 2 of this Ordinance; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the Zoning Ordinance Amendment on June 15, 2010 and adopted Resolution 10- recommending that the City Council approve amendments to Title 8(Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on July 20, 2010; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendment; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendment is consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: EXHIBIT A TO ATTACHMENT 1 Section 1: Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance to be exempt from CEQA per CEQA Guidelines Section 15061(b)(3). The Section 15061(b)(3) exemption is based on the general rule that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but rather sets forth the regulations that shall be followed if and when a parking reduction for shared parking is requested. This Ordinance of itself has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2: Subsection F of section 8.76.050 of Title 8 of the Dublin Municipal Code is amended to read as follows, with deletions shown in and additions shown as underlined. Section 8.76.050 F. Parking Reductions for Shared Parking. When shared off-street parking is proposed between two or more adjacent use types, the ~e^~^^ ~~'''''ini~~r~4nr Communitv Development Director may grant a reduction in off-street parking requirements (from the sum of the parking required by each use type) in compliance with Chapter 8.~-A9102, ~~a~ Minor Use Permit. Reductions for shared parking may be granted if the Community Development Director finds each of the followinq standards are met: a-~e~ ren~ ~iremen4 C i~+ me~• . 1. The G~a~ Minor Use Permit findings can be made. I I 2. A sufficient number of spaces are provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking ' deficiency. , 3. Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other. 4. Overflow parking will not adversely affect any adjacent use. 5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the ~~mir~i~+~r~~nr Community Development Director are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions, or other agreements. r ~ ry ~ ~ i re'~'Fi'~}l~ /f~T1~ITrltil."~. .~~,~rlti, r~.~ rlr i niv rpGLLIyC~ h" .r~~..... • e e . ' . Page 2 of 4 hmi4 ~~iri44er~ c.;^ y~~ 1•P_I~.-S.j(~.r~';^~ 1~~~~'~ '~~er~ ~crm~tvrr 'FFC1'~A~tRiCCGTTaLC~lrifl~_"'~ _'~"Ctl 'I The ren~ ~irer) Finrlinnc. nf ~'h.~r~~er S2 1~17 /I?Ain~r 1 Ic~o Derrr~i~\ n~r~ he rv»r10 ~'F +I'~G .~,~b.ir~~~,p ~ ~c.e hir~ec. ~~rr~y~,,,~F y~., ~~iill nn~ he ~ r»rLiner i-crtc-r~ y lfY~lti~~.~wm-rtv~n ~~~TRV i e~ii~ s r~~QGC~T w~ }he~ Gr~~~"i0~~~ CRV~~TT7Q~1G'd RfiQ {TT~ ~fTv 1 • ' f f f 1 f 1 n~her ~nreemen~c~ e c~_r~n~ ~he rerl~ ~n~i~n Section 3: Severability. In the event any section or portion of this Ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 4: Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Section 5• 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. Page 3 of 4 PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 17th day of August 2010, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Page 4 of 4