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HomeMy WebLinkAboutOrd 06-22 Approving an Amendment to Planned Development Ord No. 07-03 for the Valley Christian CenterOrd. No. 06-22, Item 4.7, Adopted 06/07/2022 Page 1 of 5 ORDINANCE NO. 06 – 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT ORDINANCE NO. 07-03 FOR THE VALLEY CHRISTIAN CENTER PLPA 2020-00044 and PLPA-2020-00045 (APNs 941-0022-005-000, 941-0022-006-00 and 941-0022-004-00) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Applicant, Steve Ring of Fulcrum Development, is proposing to develop a 55-bed memory care facility on Parcel 2 and an 81-bed assisted living facility on Parcel 3 of the Valley Christian Center Property located at 7500 Inspiration Drive. Requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Site Development Review Permits, a Street Vacation, and Tentative Parcel Map No. 11241. These planning and implementing actions are collectively known as the “Inspiration Drive Memory Care Project and Inspiration Drive Assisted Living Project” or the “Projects.” B. The Project sites are approximately 1.6 acres located on the northwest corner of Inspiration Drive and Dublin Boulevard (Parcel 2; APN 941-0022-005-00) and approximately 4.68 acres located on the northwest corner of Inspiration Drive and Dublin Boulevard (Parcel 3; APN 941-0022-006-00). C. The existing General Plan land use designation for the project site is Public/Semi-Public. D. Parcels 1 and 3 of the Valley Christian Center are located within Planned Development Zoning District Ordinance No. 07-03 and Parcel 2 is located within the A (Agricultural) zoning district as stated in Planned Development Zoning District Ordinance No. 07-03. E. The Inspiration Drive Memory Care and Inspiration Drive Assisted Living projects on Parcel 2 and Parcel 3, respectively, include Planned Development Rezones that will supersede their respective existing zoning designations. F. Minor amendments to Planned Development Zoning District Ordinance No. 07-03 to remove reference to Parcel 2 and modify the reference to Parcel 3, is necessary for consistency and ease of implementation. G. 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. H. In 2003, the City Council adopted a Resolution certifying an Environmental Impact Report (EIR) and adopted findings and a Mitigation Monitoring and Reporting Program for the Valley Christian Center Expansion/Master Plan project (Resolution No. 92-03, incorporated herein by reference). Ord. No. 06-22, Item 4.7, Adopted 06/07/2022 Page 2 of 5 I. In 2018, the City adopted a Supplemental Mitigated Negative Declaration supported by an Initial Study (2018 Supplemental IS/MND) to evaluate proposed changes to the Valley Christian Center Expansion Program, including conversion of the softball field to a football athletic field, expansion of an existing athletic field to accommodate the relocated softball field, construction of a central plaza, and associated parking and landscape improvements. J. The City prepared a Initial Study to determine whether supplemental environmental review was required for the proposed Project under CEQA standards. The Initial Study examined whether there were substantial changes to the proposed development, substantial changes in circumstances, or new information, any of which would result in new or more severe significant impacts than analyzed in the prior Valley Christian Center EIR and 2018 Supplemental MND or whether any other standards for supplemental environmental review were met. K. Upon completion of the Initial Study, it was determined that there were new potentially significant impacts associated with the project related to aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, and noise and, therefore, a Supplemental Mitigated Negative Declaration was prepared to analyze those impacts and identify mitigation measures to reduce the impacts to less than significant. L. The Supplemental Mitigated Negative Declaration/Initial Study was circulated for public review from November 18, 2021 - December 17, 2021. M. The City of Dublin received no comment letters during the public review period. N. The Planning Commission held a properly noticed public hearing on the Project, on April 26, 2022, at which time all interested parties had the opportunity to be heard. O. On April 26, 2022, the Planning Commission adopted Resolution No. 22-04 recommending that the City Council adopt the Supplemental Mitigated Negative Declaration and approve amendments to the Zoning Map, a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan, a Site Development Review Permit, and a Street Vacation for the Inspiration Drive Memory Care Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours. P. On April 26, 2022, the Planning Commission adopted Resolution No. 22-05 recommending that the City Council adopt the Supplemental Mitigated Negative Declaration and approve amendments to the Zoning Map, an amendment to Planned Development Zoning Ordinance No. 07-03, a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan, a Site Development Review Permit, and Tentative Parcel Map No. 11241 for the Inspiration Drive Assisted Living Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours. Ord. No. 06-22, Item 4.7, Adopted 06/07/2022 Page 3 of 5 Q. On May 17, 2022, the City Council held a properly noticed public hearing on the Project, including the Supplemental Mitigated Negative Declaration at which time all interested parties had the opportunity to be heard. R. A Staff Report dated May 17, 2022, and incorporated herein by reference, described and analyzed the Project, including the amendment to Planned Development Zoning District Ordinance No. 07-03, Planned Development Rezone with related Stage 1 and Stage 2 Development Plan, Site Development Review Permit, Tentative Parcel Map No. 11241 and Supplemental Mitigated Negative Declaration, for the City Council. S. On May 17, 2022, the City Council adopted Resolution No. 50-22 adopting the Supplemental Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for the project, and the City Council considered the Supplemental Mitigated Negative Declaration as well as the prior Valley Christian Center EIR, 2018 Supplemental Mitigated Negative Declaration to the Valley Christian Center EIR and all above-referenced reports, recommendations, and testimony to evaluate the Project. T. The City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. SECTION 2. AMENDMENTS TO EXISTING STAGE 1 DEVELOPMENT PLAN Amendments to the PD Stage 1 Development Plan are provided in redline below with text to be removed in strikeout and text to be added underlined. Sections and subsections of the Stage 1 Development Plan with no amendments are excluded from this Ordinance and remained unchanged. There are no changes to the Stage 2 Development Plan. The Development Plan consists of: 1. A Stage 1 Development Plan for a portion of Parcel 3. 2. A Stage 1 and 2 Development Plan for Parcel 1. 3. Parcel 2, as shown on the Project plans, is not subject to this Planned Development Rezoning and Development Plan, and will remain zoned as A Agricultural District. STAGE 1 DEVELOPMENT PLAN 1. Zoning A. Parcel 1 shall be zoned PD - Community Facility. B. Parcel 2 shall remain zoned A Agricultural District, and not subject to the Stage 1 Rezoning and Development Plan. C. Parcel 3 shall be zoned PD - Future Development Area Conservation Easement. D. Except as specifically modified by the provisions of this PD District/Development Plan, the use, development, improvement and maintenance of property within this PD District/Development Plan shall be subject to the provisions of the A- Agricultural Zoning District for Parcels 1 and 3 and all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone. 2. Statement of proposed uses: Ord. No. 06-22, Item 4.7, Adopted 06/07/2022 Page 4 of 5 Parcel 2. A- Agricultural District is deleted in its entirety Parcel 3. PD – Future Study Area is amended as follows: Parcel 3. PD – Conversation Easement Permitted Uses: No uses shall be permitted until established by a future Stage 2 Planned Development Rezoning approved by the City Council. Conservation Easement: A portion of The property shall be maintained as open space under a Conservation Easement, or other deed restriction acceptable to the Community Development Director, City Engineer and City Attorney that precludes development on the northern and eastern portion of Parcel 3 adjacent to the homes on Las Palmas Way. The deed restriction shall not preclude landscaping. Conditional Uses: No conditional uses shall be permitted until established by a future Stage 2 Planned Development Rezoning approved by the City Council. Accessory Uses: No accessory uses shall be permitted until established by a future Stage 2 Planned Development Rezoning approved by the City Council. 3. Stage 1 Site Plan The Stage 1 Site Plan consists of Sheet 1 and S-1 of the project plans dated February 5, 2003, and "received April 16, 2003" (hereafter, project plans) and amended to exclude the residential units and excluding all references to residential type uses on Parcel 2 and the Future Study Area on Parcel 3. 4. Site area, proposed densities, size and new area, Phase Plan Parcel 2 (1.4 acres) is deleted in its entirety Parcel 3 (12.71 acres) is amended as follows: Parcel 3 (8.03 acres) Phase Number Use Number of Dwelling Units Acres Maximum Density 3 Conservation Easement N/A 8.03 N/A Conservation Easement: A portion of the property shall be maintained as open space under a Conservation Easement, or other deed restriction acceptable to the Community Development Director, City Engineer and City Attorney, that precludes development on the northern and eastern portion of Parcel 3 adjacent to the homes on Las Palmas Way (see project plans). The deed restriction shall not preclude landscaping. Ord. No. 06-22, Item 4.7, Adopted 06/07/2022 Page 5 of 5 6. General Plan consistency Parcel 1. The proposed PD- Community Facility development of Parcel 1 is consistent with the Public/Semi-Public designation of the Dublin General Plan. Parcel 2. The existing zoning of A Agricultural District for Parcel 2 is consistent with the Public/Semi-Public designation of the Dublin General Plan. No development plans are proposed. Parcel 3. Future Development Area. No development plans are proposed; therefore, General Plan consistency is not an issue. A Conservation or Open Space Easement will cover a portion of the parcel as shown on the project plans. SECTION 3. 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 4. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect 30 days following its adoption. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 7th day of June 2022, by the following votes: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk