HomeMy WebLinkAboutPC Reso04-57 PA04-029 ZOA Emerg Housing
RESOLUTION NO. 04 - 57
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF P A 04-029, AMENDMENTS TO THE
DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) CHAPTER 8.08, DEFINITIONS;
CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND; CHAPTER 8.20,
RESIDENTIAL ZONING DISTRICTS; CHAPTER 8.24, COMMERCIAL ZONING DISTRICTS;
CHAPTER 8.28, INDUSTRIAL ZONING DISTRICTS; AND, CHAPTER 8.64, HOME
OCCUPATIONS (ZONING ORDINANCE) RELATED TO EMERGENCY SHELTERS AND
TRANSITIONAL HOUSING, PA 04-029
WHEREAS, the comprehensive revision to Title 8 of the Dublin Municipal Code (Zoning
Ordinance) (Ord. 20-97) was adopted by the City Council on September 2, 1997; and
WHEREAS, amendments to the Zoning Ordinance have been adopted since 1997 in order to
effectively regulate development within the City; and
WHEREAS, Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts And Permitted Uses Of
Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24, Commercial Zoning Districts; Chapter
8.28, Industrial Zoning Districts; and, Chapter 8.64, Home Occupations, must be revised to clarify and
improve the Zoning Ordinance related to permitting emergency shelters and transitional housing in the
City of Dublin with a conditional use permit to provide shelter for the homeless; and
WHEREAS, on August 18, 1997, the City Council adopted Resolution 103-97 finding that the
Comprehensive Revision to the Zoning Ordinance, including Chapter 8.08, Definitions; Chapter 8.12,
Zoning Districts And Permitted Uses Of Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24,
Commercial Zoning Districts; Chapter 8.28, Industrial Zoning Districts; and, Chapter 8.64, Home
Occupations, of the Municipal Code is exempt from the California Environmental Quality Act (CEQA).
The various modifications to the Municipal Code listed above would also not create environmental
impacts because it can be seen with certainty that there is no possibility that such amendments would have
a significant effect on the environment (CEQA Guidelines, Section 15061 (b)(3)), and the amendment is in
compliance with the General Plan and all Specific Plans adopted by the City of Dublin. Additionally, at
the same time the Housing Element of the General Plan was adopted by the City Council on June 3, 2003
with Resolution No. 113-03, Resolution No. 112-03 was adopted approving a Negative Declaration for
the element. As the Housing Element established the policy and implementation for the ordinance
amendments being considered, the CEQA review for the element serves as the environmental review for
this project (CEQA Guidelines, Section 15062(c)). The zoning text amendment does not pertain to any
particular site or parcel of land in the City, but establishes only development standards and criteria for the
permitting of emergency shelters and transitional housing. When a proposal is submitted for development
of a specific site, environmental review and analysis in accordance with CEQA Guidelines of the specific
development requesting a conditional use permit will be performed. The modifications in Attachment 2
to the Staff report are exempt from CEQA; and
WHEREAS, the Planning Commission held a public hearing on said amendments to the Dublin
Municipal Code (Zoning Ordinance) on September 14, 2004, for which proper notice was given in
accordance with California State Law; and
WHEREAS, the ordinance is intended to comply with the requirements of California State
Government Code Section 65863(a), Article 2, Planning and Zoning Law, regarding the provision and
regulation of emergency shelters and transitional housing, and Policy Goal F, Policy I, and Program F .1.1
of the Housing Element (1999-2006) of the Dublin General Plan, related to the implementation of
emergency shelters and transitional housing for the homeless population in the City of Dublin. The
ordinance regulates the use and development of emergency shelters and transitional housing for homeless
persons in Dublin, and other matters in accordance with the statute; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on September 14,2004, and did recommend Ordinance 04-XX to the City Council for approval of the
amendments to Title 8 (Zoning Ordinance) of the Municipal Code as stated in the Ordinance; and
WHEREAS, the Planning Commission at its September 14, 2004, meeting did hear and use its
independent judgment and consider all said reports, recommendations, and testimony hereinabove set
forth.
NOW, THEREFORE, BE IT RESOLVED THAT, the Dublin Planning Commission does
hereby find that, the amendments to Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts And
Permitted Uses Of Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24, Commercial Zoning
Districts; Chapter 8.28, Industrial Zoning Districts; and, Chapter 8.64, Home Occupations, ofthe Dublin
Municipal Code (Zoning Ordinance) do not represent changes that may have a significant effect on the
environment (CEQA, Section 15061(b)(3»; the amendments are consistent with the General Plan and all
applicable Specific Plans; and, recommends that the City Council amend said chapters of the Dublin
Municipal Code (Zoning Ordinance) in accordance with the Ordinance in Attachment 2 of the Staff
Report for PA 04-029.
PASSED, APPROVED AND ADOPTED this 14th day of September 2004.
A YES:
Cm. Fasulkey, Nassar, Jennings, and Machtmes
NOES:
ABSENT:
Cm. King
ABSTAIN:
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