HomeMy WebLinkAbout5.08 Amendment to the Effective Date of Ordinances 16-22 and 17-22 Approving Implementing Actions Required by the 2023-2031 Housing ElementAgenda Item 5.8
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DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: December 19, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT : Amendment to the Effective Date of 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:
On December 5, 2023, the City Council held a public hearing to consider amendments to the
effective date of the resolution and ordinances approving implementing actions related to the
2023-2031 Housing Element. At this meeting, the City Council adopted amendments to Resolution
133-22 approving the General Plan and Eastern Dublin Specific Plan Amendments effective as of
December 5, 2023. The City Council also waived the reading and introduced an Ordinance
amending the effective date of Ordinances 16-22 and 17-22, which approved amendments to the
Planned Development Zoning for Dublin Transit Center Sites D-2 and E-2 and Hacienda Crossings
Shopping Center, to be effective 30 days following adoption of this amendment.
STAFF RECOMMENDATION:
Waive the reading and adopt the 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.
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DESCRIPTION:
Background
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 rezonings until HCD certified the Housing Element. However,
HCD has not yet certified the Housing Element. 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.
To ensure the rezones are effective by January 31, 2024, Staff recommends amending Ordinances
16-22 and 17-22, making them effective 30 days following adoption of the amendments. Please
refer to Attachment 1 for the Ordinance amending the effective date of Ordinances 16-22 and 17-
22. For additional background information, please refer to Attachment 2 for the City Council Staff
Report dated December 5, 2023.
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.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) 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
2) City Council Staff Report dated December 5, 2023, without attachments
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Attachment I
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 3
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
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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
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STAFF REPORT
DUBLIN CITY COUNCIL
CALIFORNIA
DATE: December 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Attachment 2
Agenda Item 5.4
SU B.JECT: 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
update their Housing Element every eight years to demonstrate how the jurisdiction has
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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.
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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
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