HomeMy WebLinkAbout4.13 - 2651 Zoning Ordinance Amendments to Chapter 8.66
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STAFF REPORT
CITY COUNCIL
DATE: May 21, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Zoning Ordinance Amendments to Chapter 8.66 (Large Family Day Care
Homes) (PLPA-2018-00030)
Prepared by: Winston Rhodes AICP, Planning Manager
EXECUTIVE SUMMARY:
On January 8, 2019, the City Council adopted several amendments to the Zoning
Ordinance, including a streamlined permitting process for Large Family Day Care
Homes. The Zoning Ordinance Amendments included a change to Chapter 8.12
(Zoning Districts and Permitted Uses of Land) allowing administrative approval of a
Zoning Clearance if the day care meets established development standards, and a
Minor Use Permit from the Community Development Director if it does not meet those
standards. Subsequently, Staff recognized that directly related text within Zoning
Ordinance Chapter 8.66 requires the same amendment to provide internal consistency
with Chapter 8.12 and meet the intent of the January 8 City Council action.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading, and INTRODUCE an
Ordinance Approving Amendments to Dublin Zoning Ordinance Chapter 8.66 (Large
Family Day Care Homes) effective city-wide.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On January 8, 2019, the City Council adopted a streamlined permitting process for
Large Family Day Care Homes which provide care for up to 14 children (Attachment 1).
The intent of the amendment was to require that such a use obtain an administratively
approved Zoning Clearance if it meets established development standards, and a Minor
Use Permit from the Community Development Director if it does not meet those
standards (instead of a Conditional Use Permit from the Planning Commission, as
previously required). Surrounding residents would continue to be notified of such
application in the same manner as required under the Conditional Use Permit process.
Page 2 of 3
This streamlined permitted process was implemented by way of an amendment to
Chapter 8.12 of the Zoning Ordinance.
The City Council is now being asked to similarly amend Chapter 8.66 of the Zoning
Ordinance to be consistent with the streamlined permitting process adopted for Chapter
8.12. This change would correct an oversight and implement the prior intent to
streamline the permitting process for new Large Family Day Care Homes to help meet
the ongoing childcare needs within the community. Attachment 2 provides the Zoning
Ordinance Amendment language shown in underline/strikethrough format. Attachment 3
provides the Ordinance necessary to amend the Zoning Code.
The proposed changes to Chapter 8.66 are consistent with the previous Planning
Commission review of the ordinance change to Chapter 8.12 and their previous action
adopting Resolution 18-27 (Attachment 4).
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 by bringing greater clarity and consistency to
existing zoning regulations for large family day care homes which help implement the
General Plan and Specific Plans.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a notice regarding this Zoning Code Amendment w as
published in the East Bay Times and posted at several locations throughout the City.
The Staff Report for this public hearing was also available on the City’s website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together wi th State CEQA Guidelines
and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Staff is
recommending that the proposed Ordinance be found exempt from CEQA per C EQA
Guidelines Section 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 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 01-19 Approving Amendments to Dublin Zoning Ordinance
2. Proposed Zoning Ordinance Amendments in Underline Strikethrough Format
3. Ordinance Approving Zoning Code Amendments to Chapter 8.66
4. Planning Commission Resolution 18-27
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ORDINANCE NO. 01 — 19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08, 8.12, 8.40,
8.70, 8.72, 8.76, 8.80, 8.96 and 8.104 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, proposed amendments relate to amending Chapters 8.08 (Definitions),
8.12 (Zoning Districts and Permitted Uses of Land), 8.40 (Accessory Structures and Uses
Regulations), 8.70 (Recreational Facilities (Indoor)), 8.72 (Landscaping and Fencing Regulations),
8.76 (Off-Street Parking and Loading Regulations), 8.80 (Second Units Regulations), 8.96 (Permit
Procedures), and 8.104 (Site Development Review); 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, the Planning Commission held a duly noticed public hearing on the said
application on November 13, 2018, during which all interested persons were heard, and adopted
Resolution 18-27 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 proposing Zoning Ordinance
Amendments on December 18, 2018, 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:
Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 1 of 6
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.
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 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, 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 8.08.020 (Definitions (A-Z)) of the Dublin Municipal Code is hereby amended to replace the
following definitions in their entirety:
Eating and Drinking Establishment (use type). The term Eating and Drinking Establishment shall
mean restaurants, banquet facilities, bars, microbreweries, and taverns and other establishments
selling prepared foods and drinks for on-premise consumption, as well as drive-through restaurants,
lunch counters and refreshment stands selling prepared food and drinks for either immediate or off-
premise consumption, or other purveyors determined to be substantially similar to the above by the
Director of Community Development.
Boarding House (use type). The term Boarding House shall mean a housing unit used for
residential purposes, other than a hotel, where lodging and meals for five or more non-transient
persons, who are not living as a single housekeeping unit, are provided for compensation, whether
direct or indirect. In determining the number of persons lodging in a boarding house, all residents
shall be counted, including those acting as a manager, landlord or building superintendent. A
Boarding House is considered to be a Multifamily Dwelling.
Lot Coverage. The term Lot Coverage shall mean the maximum lot area which may be covered with
buildings and structures. Buildings and structures include all land covered by Principal Buildings,
garages and carports, Accessory Structures, covered decks and gazebos, and other enclosed and
covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools,
paved areas such as walkways, driveways, patios, uncovered parking areas or roads. All areas of
coverage are computed in terms of net lot area at ground level.
Single-Family Residence (use type). The term Single-Family Residence shall mean a building
designed for and/or occupied exclusively by a single housekeeping unit. Also includes factory-built
housing, modular housing, manufactured housing, mobile homes, and the rental of bedrooms within a
single-family dwelling to no more than four boarders. A residence with more than four boarders,
Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 2 of 6
where residents do not live as a single housekeeping unit, constitutes a boarding house, which is
included within the definition of"Multi-Family Residence".
SECTION 4:
Section 8.08.020 (Definitions (A-Z)) of the Dublin Municipal Code is hereby amended to add the
following definitions:
Boarders. The term Boarders shall mean a person who receives regular lodging rights (including but
not limited to a place to eat and sleep) in return for compensation, whether direct or indirect.
Off-Street Loading Space. Off-Street Loading Space shall mean an area designated for temporary
parking for purposes of on- and off-loading.
Single Housekeeping Unit. The term Single Housekeeping Unit shall mean a residence with two or
more members, whose members are a non-transient interactive group of persons jointly occupying a
single dwelling unit, including but not limited to the joint use of common areas and sharing household
activities and responsibilities such as meals, chores and expenses.
SECTION 5:
Section 8.12.050 (Permitted and Conditional Permitted Land Uses, Regulations, and Performance
Standards) of the Dublin Municipal Code is hereby amended to replace "Family Day Care
Home/Large (up to 14 children)" as follows:
RESIDENTIAL USE TYPES
RESIDENTIAL USE
A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
TYPE
Family Day Care ZC/MUP ZC/MUP ZC/MUP ZC/MUP - - - - - - -
Home/Large(up to 14
children)
SECTION 6:
Sections 8.40.020.F.1.d (Maximum square footage of detached accessory structures (excluding
swimming pools) on a lot) and 8.40.020.F.2.e (Guesthouses) of the Dublin Municipal Code are hereby
amended to read as follows:
d. Maximum square footage of detached accessory structures (excluding swimming pools)
on a lot. One accessory structure in the Rear Yard with a maximum of 120 square feet shall be
exempt from the Coverage Requirements.
For lots 5,000 square feet in size or larger, the combined maximum square footage of all accessory
structures on a lot such as a detached accessory garage, workshop, studio, or office shall not exceed
1,000 square feet unless a larger size is approved by the Zoning Administrator by means of a
Conditional Use Permit. Rev. Ord. 16-02 (October 2002)
e. Guesthouses. A detached Guesthouse accessory structure may be established on the lot of a
single-family residence, as follows:
Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 3 of 6
1. Permitted and prohibited spaces. A guesthouse may contain a sleeping space, bathroom and
other living space, but may not contain kitchen facilities.
2. Floor area limitation. The maximum floor area allowed for a guesthouse is 50% of the habitable
floor area of the main residence, up to a maximum of 840 square feet.
SECTION 7:
Section 8.70.030.A (Permitted in the C-1, C-2, M-P, M-1, M-2, and Certain Planned Development
Zoning Districts) of the Dublin Municipal Code is hereby amended to read as follows:
A. Permitted in the C-1, C-2, M-P, M-1, M-2, and Certain Planned Development Zoning
Districts. An Indoor Recreation Facility may be established only in the C-1, C-2, M-P, M-1, M-2
Zoning Districts, Downtown Dublin Zoning District, and Dublin Crossing Zoning District. An Indoor
Recreation Facility may also be established in a Planned Development (PD) Zoning District if not
specifically prohibited by the PD regulations and if the project site has an underlying Commercial or
Industrial General Plan Land Use designation. Any PD regulations which require a Conditional Use
Permit for an Indoor Recreation Facility shall be superseded by this Chapter. Any Indoor Recreation
Facility in a PD Zoning District, unless specifically prohibited or expressly permitted by right, shall be
subject to the requirements of this Chapter. Rev. Ord. 4-10 (February 2010); Ord. 15-09 (November
2009)
SECTION 8:
Section 8.72.080.E (Prohibited Fence Materials) of the Dublin Municipal Code is hereby amended to
read as follows:
E. Prohibited fence materials.
The use of barbed wire, electrified fence, razor wire fence, or other similar material as determined by
the Director of Community Development, in conjunction with any fence, wall, or hedge, or by itself
within any zoning district, is prohibited unless permitted by a Conditional Use Permit, or required by a
law or regulation of the City, the State, or the Federal Government.
SECTION 9:
Section 8.76.070.A.7 (Dimensional Requirements) is hereby amended to spell out "Compact" and
Full" in column "A (in degrees)" of Table 76-1 and replace the wording below Table 76-1 in its entirely
to read as follows:
A = Parking Angle, B = Stall Width, X = Stall Length, C = Stall Depth, D = Aisle Width, E = Curb
Length Per Car, F= Edge to Edge Width of Double Row.and Aisle *The Director of Public Works may
require a larger back-up distance where sight distances are inadequate and for multi-family
residential developments.
SECTION 10:
Section 8.76.090 (Loading Requirements) of the Dublin Municipal Code is hereby amended to read
as follows:
Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 4 of 6
Off-street freight and equipment loading spaces shall be provided for offices, hospitals, institutions,
hotels, senior group housing, schools, day care centers, and other commercial and industrial land
uses.
A minimum of one loading space shall be provided or as determined by the Director of Community
Development based upon the requirements for comparable uses and upon the particular
characteristics of the proposed use.
SECTION 11:
Section 8.80.040.A (Permitted in the R-1 District and Certain Planned Development Districts) of the
Dublin Municipal Code is hereby amended to read as follows:
A. Permitted in the R-1 District and Certain Planned Development Districts. A second unit may
only be permitted in the R-1 zoning district and in a Planned Development zoning district which
specifically allows second units or in a Planned Development zoning district which is subject to
underlying R-1 standards where second units are not specifically prohibited by the PD regulations.
Any PD development regulations that are more restrictive than this Chapter shall be superseded by
this Chapter and shall be subject to the requirements of this Chapter.
SECTION 12:
Section 8.96.020.E (Time Extension) of the Dublin Municipal Code is hereby amended to read as
follows:
E. Time Extension. The Director of Community Development may, upon the Applicant's written
request for an extension of approval prior to expiration, and upon the determination that any
Conditions of Approval remain adequate to assure that applicable findings of approval will continue to
be met, grant a time extension of approval for a period not to exceed 12 months. The Director of
Community Development may grant a maximum of two extensions of approval, and additional
extensions may be granted by the original decision maker.
SECTION 13:
Section 8.104.030.A.1.a (Single-Family and Two-Family Residential Improvements) of the Dublin
Municipal Code is hereby amended to read as follows:
A. Single-Family Residential Landscape Modification. In a Planned Development Zoning District
with residential uses, the removal of a tree which is part of the streetscape of a development or is
required by the Conditions of Approval, but which is proposed to be replaced with the same or a
different species.
SECTION 14:
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.
Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 5 of 6
SECTION 15: 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 this 8th day of January 2019, by the following vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
Ma or
ATTEST:
C-4-
0
City Clerk
Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 6 of 6
1 of 1 Attachment 2
ATTACHMENT 2
Large Family Day Care Homes
Chapter 8.66
EXCERPT
8.66.020 Permitting Procedure.
A. Any proposed Large Family Day Care Home shall conform to the Development
Standards and Regulations contained in this Chapter (Section 8.66.030) and shall be
subject to a Zoning Clearance to be reviewed by the Community Development Director
as described in Chapter 8.116 (Zoning Clearance).
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 Conditional Use Permit to be reviewed by the Community Development
Director Planning Commission as described in Chapter 8.1002 (Minor Conditional Use
Permit). Rev. Ord. 3-10 (February 2010)
8.66.040 Zoning Clearance.
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 Conditional Use
Permit for the Large Family Day Care Home shall be required. Rev. Ord. 3-10 (February
2010)
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ATTACHMENT 3
ORDINANCE NO. XX-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 a s required by
law; and
2 of 3 Attachment 3
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.
SECTION 2:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects b e 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 buil ding
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.
3 of 3 Attachment 3
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.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day
of , 2019, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
RESOLUTION NO. 18-27
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DUBLIN
ZONING ORDINANCE
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, proposed amendments relate to amending Chapters 8.08 (Definitions), 8.12
(Zoning Districts and Permitted Uses of Land), 8.40 (Accessory Structures and Uses
Regulations), 8.70 (Recreational Facilities (Indoor)), 8.72 (Landscaping and Fencing
Regulations), 8.76 (Off -Street Parking and Loading Regulations), 8.80 (Second Units
Regulations), 8.96 (Permit Procedures), and 8.104 (Site Development Review); 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, the Planning Commission held a public hearing on the said application on
November 13, 2018; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report dated November 13, 2018 was submitted to the City of Dublin
Planning Commission recommending City Council approval of the proposed Zoning Ordinance
Amendments; 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, with the following recommendations: 1) Add the word "non -
Attachment 2
transient" to the definition of Boarding House (use type) in Section 8.08.020 (Definitions (A-Z))
and 2) Add the sentence, "The Director of Community Development may grant a maximum of two
extensions of approval, and additional extensions may be granted by the original decision maker."
to Section 8.96.020.E (Time Extension).
PASSED, APPROVED AND ADOPTED this 131h day of November 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
A 7! )L ' -
Assistant Comm n y Development Director
Planning Commission Chair
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