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Home My WebLink About6.2 Planned Development Rezoning (PLPA-4094-2024)r DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 6.2 DATE: January 14, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SU B.ECT: Planned Development Rezoning (PLPA-4094-2024) Prepared by: Kristie Wheeler, Interim Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will consider a City -initiated rezoning of four residential properties located at 5378, 5868, 6060, and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi -Family Residential) in response to the recently certified General Plan Housing Element. Pursuant to Housing Element Program B.18: Planned Development (PD) Zoning, City staff has reviewed vacant and underutilized residential properties with existing PD zoning and proposes to rezone these properties to a residential zoning district with established development standards. No development is proposed at this time. The City Council will also consider an exemption from the requirements of the California Environmental Quality Act. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading, and INTRODUCE the Ordinance Amending the Zoning Map and Rezoning Property Located at 5378, 5868, 6060, and 7440 Tassajara Road from Planned Development (PD) to R-M (Multi -Family Residential). FINANCIAL IMPACT: None. DESCRIPTION: Background Each local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction. A certified Housing Element is one of seven mandatory elements of the General Plan. Housing Element law mandates that local governments update their Housing Element every eight years to demonstrate how the jurisdiction has adequately planned to meet the existing and projected housing needs of all economic segments of Page 1 of 8 1 the community. On November 15, 2022, the City Council adopted Resolution No. 133-22, which approved the draft Housing Element and associated General Plan and Specific Plan amendments and rezonings. The Resolution also directed Staff to submit the draft Housing Element to the State Department of Housing and Community Development (HCD) for review and certification. On November 18, 2022, Staff submitted the draft 2023-2031 Housing Element for review and certification. The Housing Element was certified by HCD on January 19, 2024, and includes a number of programs that are required to be implemented by the City, including the subject of this Staff Report. Proposed Project The City initiated a rezoning of four residential properties located at 5378, 5868, 6060, and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi -Family Residential) in response to the recently certified Housing Element. Table 1 provides a summary of the proposed rezoning. Figure 1 shows the existing General Plan land use designations for the four properties and Figure 2 shows the existing zoning. Table 1: Summary of Proposed Rezoning Property Address Property Size Existing Use Existing General Plan Land Use Existing Zoning Proposed Zoning 5378 Tassajara Road 9.43 acres Equestrian center, single-family home and associated structures Medium Density Residential PD (Ordinance No. 07-00) R-M 5868 Tassajara Road 1 acre Single-family home and associated structures Medium Density Residential and Stream Corridor PD (Resolution No. 104-94) R-M* 6060 Tassajara Road 3.12 acres Single-family home and associated structures Medium Density Residential and Open Space PD (Ordinance No. 10-05) R-M* 7440 Tassajara Road 12.5 acres Single-family home and associated structures Medium Density Residential and Open Space PD (Ordinance No. 09-07) R-M* * Rezoning from PD to R-M would only apply to the portion of the property with a Medium Density Residential land use designation Page 2 of 8 2 Fi • ure 1: Existin • General Plan Land Use Desi • nations %%%%%%% ..0.0„.„4„..,,...r., ...,„,... 0 ...„„.....,.... !!!!::0„!!;tg11 � • ♦ .....� 0110.11111/ ♦♦�► �i♦�I• • ♦..Ai Vey Nis 'e �umnur est •� n :i Q Proposed Parcels for Rezoning Parcel Address 1® 7440Tassajara Rd O2 6060Tassajara Rd 0 5868Tassajara Rd ® 5378Tassajara Rd ® City Limit Parcel General Plan Land Use ▪ Public/Semi-Public ▪ Semi -Public - Public Lands Stream Corridor ▪ Open Space _ Regional Park Parks/Public Recreation Single -Family Residential (0.9 - 6.0 du/ac) - Medium Density Residential (6.1 - 14.0 du/ac) Medium -High Density Residential (14.1 - 25.0 ▪ du/ac) Rural Residential/Agriculture (0.01 du/ac) 0 750 1,500 Feet int set 1111.114 ro ro' 1111111 ZOOM 16010 MOO Page 3 of 8 3 Fi ure 2: Existin ! Zonin Q Proposed Parcels for Rezoning Parcel Address O 0 0 0 7440 Tassajara Rd 6060 Tassajara Rd 5868 Tassajara Rd 5378Tassajara Rd City Limit Zoning ▪ A -Agriculture PD - Planned Development 0 750 1,500 Feet PD ORD?07-00 dart .9: rr . rr.I N I U▪ 1 MEM 1Ma IWO , .n1.7 • lam • Page 4 of 8 4 Analysis To eliminate potential constraints to housing development, Housing Element Program B.18: Planned Development (PD) Zoning specifies that the City will review vacant and underutilized residential properties with existing PD zoning for residential uses and rezone those properties to a residential zoning district with established development standards. Development of property with PD zoning requires legislative action by the City Council, which HCD views as a constraint to residential development. The purpose of the proposed rezoning is to ensure that PD zoning is not mandated on residential properties. The four subject properties would be rezoned R-M but the property owners would still have the option to pursue PD zoning in the future if they desire greater flexibility regarding development standards. The rezoning would benefit property owners by providing zoning certainty without requiring further legislative action by the City while also maintaining the flexibility of PD zoning as an option. The proposed project would rezone four residential properties with existing PD zoning to R-M. As shown in Table 1 and Figure 1, above, three of the four properties include General Plan land use designations of Open Space or Stream Corridor. Therefore, only those portions of the three properties with a Medium Density Residential land use designation would be rezoned R-M. The remaining portions with Open Space or Stream Corridor land use designations would maintain their existing PD zoning. Refer to Figure 3 for the proposed rezoning. Page 5 of 8 5 Fi ure 3: Pro I osed Rezonin QProposed Parcels for Rezoning Parcel Address 0 0 O 0 7440 Tassajara Rd 6060 Tassajara Rd 5868 Tassajara Rd 5378Tassajara Rd ® City Limit Zoning A - Agriculture PD - Planned Development R-M - Multi -Family Residential 0 750 I ,500 Feet PD ORD. 09-07 PD RESO. 104-94 Page 6 of 8 6 Attachment 1 is the draft Ordinance amending the Zoning Map and approving the proposed rezoning. Consistency with the General Plan, Specific Plans, and Zoning Ordinance The proposed rezoning of the four subject properties from PD to R-M is consistent with the Dublin General Plan in that the rezoning would continue to allow residential uses and the rezoning is necessary to implement Housing Element Program B.18. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed rezoning is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the General Plan land use designations for the subject properties, which establish maximum density and intensity of development, would not change and, thus, the potential development permitted under the current and proposed zoning would not change. Furthermore, no development is proposed at this time. Therefore, it can be seen with certainty that there is no possibility that the rezoning would have a significant effect on the environment and is not subject to CEQA review. PLANNING COMMISSION REVIEW: The Planning Commission held a public hearing on December 10, 2024, to consider the proposed rezoning and unanimously recommended approval to the City Council. Planning Commission Resolution No. 24-10 is included as Attachment 2. STRATEGIC PLAN INITIATIVE: Strategy 3: Housing Inclusivity and Affordability Objective A: Implement the goals, policies, and programs in the 2023-2031 Housing Element. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Planning staff mailed letters to each of the four property owners notifying them of the City -initiated rezoning of their properties and offering to meet with them if they had any questions. To date, Staff has spoken with the property owner at 5378 Tassajara Road and they did not express opposition to the rezoning. In accordance with State law, a public notice was mailed to the subject property owners and all property owners and occupants within 300 feet of the subject properties. A public notice was also published in the East Bay Times and posted at several locations throughout the City. Additionally, the City Council Agenda was posted. Page 7 of 8 7 ATTACHMENTS: 1) Ordinance Amending the Zoning Map and Rezoning Property Located at 5378, 5868, 6060, and 7440 Tassajara Road from Planned Development (PD) to R-M (Multi -Family Residential) 2) Planning Commission Resolution No. 24-10 Recommending City Council Approval of the Ordinance Amending the Zoning Map and Approving the Rezoning Page 8 of 8 8 Attachment I ORDINANCE NO. xx-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE ZONING MAP AND REZONING PROPERTY LOCATED AT 5378, 5868, 6060, AND 7440 TASSAJARA ROAD FROM PLANNED DEVELOPMENT (PD) TO R-M (MULTI -FAMILY RESIDENTIAL) (APNS 986-0003-001-02, 986-0028-002-00, 986-0027-001-00 AND 986-0004-001-00) (PLPA-004094-2024) THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS A. The City initiated a Rezoning of four residential properties located at 5378, 5868, 6060 and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi -Family Residential). B. The proposed Rezoning would implement Housing Element Program B.18: Planned Development (PD) Zoning. C. The Planning Commission held a duly noticed public hearing on December 10, 2024, during which all interested persons were heard, and adopted Resolution No. 24-10 recommending that the City Council approve the Rezoning. D. A Staff Report was submitted to the Dublin City Council recommending approval of the Rezoning. E. The City Council held a public hearing on the Rezoning on January 14, 2025, at which time all interested persons had an opportunity to be heard. F. Proper notice of said hearing was given in all respects as required by law. G. The City Council did hear and consider all said reports, recommendations, and testimony set forth above and used its independent judgment to evaluate the project. SECTION 2. FINDINGS A. Pursuant to Dublin Municipal Code Section 8.120.050.B., the City Council hereby finds that the Rezoning is consistent with the General Plan in that the Rezoning would continue to allow residential uses and the Rezoning is necessary to implement Housing Element Program B.18. B. The California Environmental Quality Act ("CEQA"), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Rezoning is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the General Plan land use designations for the subject properties, which Ordinance. No. XX-25, Item X.X, Adopted XX/XX/25 Page 1 of 4 9 Attachment I establish maximum density and intensity of development, would not change and, thus, the potential development permitted under the current and proposed zoning would not change. Furthermore, no development is proposed at this time. Therefore, it can be seen with certainty that there is no possibility that the Rezoning would have a significant effect on the environment and is not subject to CEQA. SECTION 3. ZONING MAP AMENDMENT Pursuant to Dublin Municipal Code Chapter 8.120, the Dublin Zoning Map is hereby amended to to Rezone 5378, 5868, 6060 and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi -Family Residential). Ordinance. No. XX-25, Item X.X, Adopted XX/XX/25 Page 2 of 4 10 Attachment I A map of the Rezoning is shown below: QProposed Parcels for Rezoning Parcel Address 0 0 0 0 7440 Tassajara Rd 6060 Tassajara Rd 5868 Tassajara Rd 5378Tassajara Rd ® City Limit Zoning - A -Agriculture PD - Planned Development R-M - Multi -Family Residential PD ORD. 07-00 0 750 1,500 Feet SECTION 4. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days following its adoption. Ordinance. No. XX-25, Item X.X, Adopted XX/XX/25 Page 3 of 4 11 Attachment I SECTION 5. POSTING OF ORDINANCE 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 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 14th day of January 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ordinance. No. XX-25, Item X.X, Adopted XX/XX/25 Page 4 of 4 12 Attachment 2 RESOLUTION NO. 24 — 10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING THE ZONING MAP AND REZONING PROPERTY LOCATED AT 5378, 5868, 6060 AND 7440 TASSAJARA ROAD FROM PLANNED DEVELOPMENT ZONING DISTRICT TO R-M ZONING DISTRICT (APNS 986-0003-001-02, 986-0028-002-00, 986-0027-001-00 AND 986-0004-001-00) (PLPA-004094-2024) WHEREAS, the City initiated a Rezoning of four residential properties located at 5378, 5868, 6060 and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi -Family Residential); and WHEREAS, the proposed Rezoning would implement Housing Element Program B.18: Planned Development (PD) Zoning; and WHEREAS, the California Environmental Quality Act ("CEQA"), together with the State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Planning Commission recommends that the City Council find the proposed Rezoning exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the General Plan land use designations for the subject properties, which establish maximum density and intensity of development, would not change and, thus, the potential development permitted under the current and proposed zoning would be the same. Furthermore, no development is proposed at this time. Therefore, it can be seen with certainty that there is no possibility that the Rezoning would have a significant effect on the environment and is not subject to CEQA review; and WHEREAS, the Planning Commission held a duly noticed public hearing on December 10, 2024, during which all interested persons were heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report dated December 10, 2024, was submitted to the Dublin Planning Commission recommending approval of the proposed Rezoning of four residential properties located at 5378, 5868, 6060 and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi -Family Residential); 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 recommendations. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. Reso. No. 24-10, Item 6.3, Adopted 12/10/2024 Page 1 of 2 13 BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A, and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 10th day of December 2024, by the following vote: AYES: Aini, Grier, Rashid, and Tyler NOES: ABSENT: Wright and Ochoa ABSTAIN: ATTEST: Signed by: I kS�UtSyl; F1/1 4y.i... Assistant Community uevelopment Director Signed by: /L DA84784F8... Planning Commission Chair Reso. No. 24-10, Item 6.3, Adopted 12/10/2024 Page 2 of 2 14 PLANNED DEVELOPMENT REZONING City Council Meeting January 14,2025 II DUBLIN CALIFORNIA 15 Background • Housing Element one of seven mandatory elements of General Plan • Updated every eight years to demonstrate how existing and projected housing need would be met • November 15, 2022 - City Council approved draft Housing Element • January 19, 2024 - HCD certified Housing Element Proposed Project • City -initiated rezoning of four residential properties from Planned Development to R-M (Multi -family Residential) • Implement Housing Element Program B.I8: Planned Development (PD) Zoning Summary of Proposed Rezoning Property Address Property Size Existing Use Existing General Plan Land Use 5378 Tassajara Road 5868 Tassajara Road 6060 Tassajara Road 7440 Tassajara Road 9.43 acres 1 acre 3.12 acres 12.5 acres Equestrian center, single-family home and associated structures Single-family home and associated structures Single-family home and associated structures Single-family home and associated structures Medium Density Residential Medium Density Residential and Stream Corridor Medium Density Residential and Open Space Medium Density Residential and Open Space Existing Zoning PD (Ordinance No. 07-00) PD (Resolution No. 104-94) PD (Ordinance No. I 0-05) PD (Ordinance No. 09-07) Proposed Zoning R-M R-M* R-M* R-M* 18 Existing General Plan and Zoning - Proposed Parcels for Rezoning Parcel Address O 7440Tassajara Rd 0 6060Tassajara Rd 0 5868Tassajzm Rd 04 53787assajara Rd City Limit Parcel General Plan Land Use - Pub1lUSeml-Publa ▪ Semi -Public - Public lands MI Stream Corridor - open Spare - Regional Park Parks/Public Recreation Single -Family Residential (09-60 dulac) ▪ Medium Density Residential (6,1 - 14.0 dufac) - dMeledluac}ns-High Density Residential (14,1 -25,0 Rural Residental/Agriculture (0.01 du/ac) 750 1,500 Feet Q Proposed Parcels for Rezoning Parcel Address 0 7440Tassajara Rd 02 60607assajara Rd O 58687assajara Rd 0 5378Tassajara Rd Cry Lint. Zoning - A -Agriculture PD - Planned Development 750 1,500 Feet DUBLIN CALIFORNIA 19 Housing Element Program B. 18: Planned Development (PD) Zoning • Development of property with PD zoning requires legislative action by City Council and is viewed by HCD as constraint to residential development • Review vacant and underutilized residential properties with existing PD zoning and rezone to residential district with established development standards Proposed Rezoning • Proposed rezoning would ensure that PD zoning is not mandated on residential properties • Property owners would still have option to pursue PD zoning if they desire greater flexibility regarding development standards • Rezoning would benefit property owners by providing zoning certainty without requiring further legislative action • PD zoning would remain an option • Proposed PD rezoning would not result in additional housing that would not already be allowed under the General Plan Proposed Rezoning Q Proposed Parcels for Reigning Parcel Address Q 7440Tassajala Rd 0 6060Tassajam Rd Q 5868 Tassajara Rd ® 5378Tassapara Rd ® City Limit Zoning A -Agriculture PD - Planned Development - R-M - Muld-Family Residential 1500 Foci PD ORD.09.07 PD RE50. 109-94 PD ORR07-00 9` N DubVin� DUBLIN CALIFORNIA Ea Planning Commission • On December 10,2024, Planning Commission held a public hearing, considered the proposed PD Rezoning and unanimously recommended approval to City Council Recommendation • Waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Rezoning 5378, 5868, 6060 and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi -Family Residential)