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HomeMy WebLinkAbout5.4 Amendment to the Effective Date of Resolution 133-22 and Ordinances 16-22 and 17-22 Approving Implementing Actions Required by the 2023-2031 Housing ElementAgenda Item 5.4 r DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: December 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT: Amendment to the Effective Date of Resolution 133-22 and Ordinances 16-22 and 17-22 Approving Implementing Actions Required by the 2023 - 2031 Housing Element Prepared by: Jeff Baker, Community Development Director EXECUTIVE SUMMARY: The City Council will consider amendments to the effective date of the resolution and ordinances approving implementing actions related to the 2023-2031 Housing Element. This includes an amendment to Resolution 133-22 approving the General Plan and Eastern Dublin Specific Plan Amendments effective as of December 5, 2023, and an amendment to Ordinances 16-22 and 17-22 approving amendments to the Planned Development Zoning for Dublin Transit Center Sites D-2 and E-2 and Hacienda Crossings Shopping Center effective 30 days following adoption of this amendment. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and: 1) Adopt the Resolution Amending the Effective Date of City Council Resolution 133-22 Approving General Plan and Eastern Dublin Specific Plan Amendments; and 2) waive the reading and INTRODUCE an Ordinance 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. 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 Page 1 of 3 73 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 the community. On November 15, 2022, the City Council adopted Resolution 133-22, which approved the Housing Element and associated General Plan and Eastern Dublin Specific Plan amendments. The City Council also introduced Ordinances 16-22 and 17-22, which were adopted on December 6, 2022, approving related amendments to the Planned Development Zoning for the Dublin Transit Center and Hacienda Crossings Shopping Center, respectively. The Resolution also directed Staff to submit the draft Housing Element to the California Department of Housing and Community Development (HCD) for review and certification, and authorized Staff to make non -substantive changes in response to HCD comments to achieve certification. On November 18, 2022, Staff submitted the draft 2023-2031 Housing Element for review and certification. Staff and the consultant are continuing to work with HCD staff to achieve certification of the Housing Element. Analysis Resolution 133-22 and Ordinances 16-22 and 17-22 state that they do not become effective until certification of the 2023-2031 Housing Element by HCD. On August 15, 2023, the City Council amended Resolution 133-22 to make adoption of the Housing Element effective as of November 15, 2022. The City's intent was to defer the adoption of the related General Plan and specific plan amendments and rezonings until HCD certified the Housing Element. However, State law requires the City to adopt the rezones required by the Housing Element no later than January 31, 2024. Failure to do so could significantly limit the City's discretion related to land use decisions. The Housing Element was resubmitted to HCD for subsequent review on November 20, 2023. HCD has 60 days to complete that review and determine if they find the updated Housing Element substantially in compliance with State law and thus meets their requirements for certification. To ensure the rezones are effective by January 31, 2024, Staff recommends amending Resolution 133- 22 to make adoption of the General Plan and Eastern Dublin Specific Plan Amendments effective immediately. Staff further recommends amending Ordinances 16-22 and 17-22, making them effective 30 days following adoption of the amendments. ENVIRONMENTAL DETERMINATION: Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared an Initial Study/Negative Declaration (IS/ND) for the project. STRATEGIC PLAN INITIATIVE: Strategy 2: Housing Affordability Objective A: Develop a Certified Housing Element that balances the location of housing options for all income types. Page 2 of 3 74 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda and the Staff Report were made available on the City's website. A public notice was published in the East Bay Times and posted at several locations throughout the City. The public notice was provided to all people who have expressed an interest in being notified of meetings. ATTACHMENTS: 1) Resolution Amending the Effective Date of City Council Resolution 133-22 Approving General Plan and Eastern Dublin Specific Plan Amendments 2) Ordinance Amending 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 Page 3 of 3 75 Attachment I RESOLUTION NO. XX — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE EFFECTIVE DATE OF CITY COUNCIL RESOLUTION 133-22 APPROVING GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENTS (PLPA-2022-00036) WHEREAS, the State of California requires cities and counties to adopt a comprehensive, long-term General Plan for the physical development of the City; and WHEREAS, 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; and WHEREAS, State law requires Housing Elements to be updated every eight years; and WHEREAS, the City of Dublin prepared the 2023 — 2031 Housing Element in accordance with State law, and associated amendments to the General Plan, including the Land Use Element and Land Use Map, and Seismic Safety and Safety Element, and associated amendments to the Eastern Dublin Specific Plan which are collectively referred to as the "Project"; and WHEREAS, 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; and WHEREAS, the City prepared an Initial Study for the Project to determine if it may have a significant effect on the environment; and WHEREAS, the Initial Study determined that the Project would not have any significant environmental effects and the preparation of a Negative Declaration was the appropriate CEQA document; and WHEREAS, the Initial Study/Negative Declaration was circulated for public review from October 4, 2022, through November 2, 2022; and WHEREAS, 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; and WHEREAS, on November 15, 2022, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony and adopted Resolution 133-22 which adopted the Project and the related Initial Study/Negative Declaration effective upon certification of the 2023 — 2031 Housing Element by the California Department of Housing and Community Development (HCD); and WHEREAS, on August 15, 2023, the City Council amended Resolution 133-22 to make adoption of the Initial Study/Negative Declaration and approval of the 2023 — 2031 Housing Element effective on November 15, 2022; and Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 76 WHEREAS, the City Council's intent was to defer the adoption of the related General Plan and Specific Plan amendments until HCD certified the Housing Element, and the Resolution provided that it would not become effective until HCD certified the Housing Element; and WHEREAS, 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 rezones required by the adopted 2023-2031 Housing Element by January 31, 2024 or risk loss of local control over land use decisions; and WHEREAS, the Housing Element was resubmitted to HCD for review on November 20, 2023, starting a 60-day review period. NOW, THEREFORE, BE IT RESOLVED that the City Council affirms the findings and recitals contained in Resolution 133-22; and BE IT FURTHER RESOLVED that the Dublin City Council hereby amends Resolution 133- 22 to make adoption of the General Plan and Eastern Dublin Specific Plan Amendments effective on December 5, 2023. PASSED, APPROVED, AND ADOPTED this 5th day of December 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 77 Attachment 2 ORDINANCE NO. XX — 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. 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. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 3 78 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. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 3 79 PASSED, APPROVED, AND ADOPTED this 19th day of December 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 3 of 3 80