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HomeMy WebLinkAboutOrd 07-23 Approving Amendments to the Effective Date of Ordinances 16-22 and 17-22 Amending the Planned Development Zoning for the Dublin Transit Center Sites D-2 and E-2 for Hacienda Crossing Shopping Center DocuSign Envelope ID:C2E76610-D2AF-4784-918A-C95CC8FD425B ORDINANCE NO. 07 - 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO THE EFFECTIVE DATE OF ORDINANCES 16-22 AND 17- 22 AMENDING THE PLANNED DEVELOPMENT ZONING FOR THE DUBLIN TRANSIT CENTER SITES D-2 AND E-2 AND FOR HACIENDA CROSSINGS SHOPPING CENTER (APNs: 986-0034-012-00, 986-0034-014-00, 986-0008-009-00 AND 986-0008-010-00) (PLPA-2022-00036) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The State of California requires cities and counties to adopt a comprehensive, long-term General Plan for the physical development of the City. B. The Housing Element is one of seven mandated elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community. C. State law requires Housing Elements to be updated and certified by the California Department of Housing and Community Development (HCD) every eight years. D. The City of Dublin prepared the 2023 - 2031 Housing Element in accordance with State law, and is currently under review by HCD. E. The Housing Element must include an inventory of specific sites or parcels that are suitable for residential development and available for use in the planning period to accommodate the City's Regional Housing Needs Allocation (RHNA), which is included as Appendix D: Adequate Sites Analysis in the 2023 - 2031 Housing Element. F. A portion of the remaining need is proposed to be accommodated on Sites D-2 and E-2 (APNs: 986-0034-012-00 and 986-0034-014-00) at the Dublin Transit Center, and Hacienda Crossings Shopping Center (APNs: 986-0008-009-00 AND 986-0008-010-00). G. If the Housing Element is certified by the California Department of Housing and Community Development (HCD) after January 31, 2022, State law requires the City to complete the rezones required by the adopted 2023-2031 Housing Element by January 31, 2024. H. The California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. I. The City prepared an Initial Study for the 2023 - 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings, (which are collectively referred to as the "Project") which found there was no substantial evidence that the project would have a significant adverse effect on the environment and, therefore, Ord. No. 07-23, Item 5.8, Adopted 12/19/2023 Page 1 of 3 DocuSign Envelope ID:C2E76610-D2AF-4784-918A-C95CC8FD425B pursuant to the requirements of CEQA, the City prepared a Negative Declaration (ND), dated October 3, 2022, which reflects the City's independent judgement and analysis. J. The Initial Study/Negative Declaration was circulated for public review from October 4, 2022, through November 2, 2022. K. On November 15, 2022, the City Council held a properly noticed public hearing on the Project, including the Initial Study/Negative Declaration, at which time all interested parties had the opportunity to be heard. L. On November 15, 2022, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony and adopted Ordinances 16- 22 and 17-22 adopting amendments to the Planned Development Zoning for the Dublin Transit Center Sites D-2 and E-2, and Hacienda Crossings Shopping Center which become effective upon certification of the 2023-2031 Housing Element by the California Department of Housing and Community Development (HCD). SECTION 2. FINDINGS Pursuant to Section 8.32.070 and Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council affirms the findings contained in Ordinance 16-22 and Ordinance 17-22. SECTION 3. AMENDMENT TO ORDINANCE 16-22 AND 17-22 The Dublin City Council hereby amends Ordinance 16-22 and Ordinance 17-22 to make the adoption of the amendments to the Planned Development Zoning for the Dublin Transit Center Sites D-2 and E-2, and Hacienda Crossings Shopping Center effective 30 days following adoption of this Ordinance. SECTION 4. SEVERABILITY 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 5. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Ord. No. 07-23, Item 5.8, Adopted 12/19/2023 Page 2 of 3 DocuSign Envelope ID:C2E76610-D2AF-4784-918A-C95CC8FD425B PASSED, APPROVED, AND ADOPTED this 19th day of December 2023, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: DocuSigned by: Mayor ATTEST: DocuSigned by: City UerK Ord. No. 07-23, Item 5.8, Adopted 12/19/2023 Page 3 of 3