HomeMy WebLinkAbout6.3 Planned Development Rezoning (PLPA-004094-2024)STAFF REPORT
Planning Commission
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Agenda Item 6.3
DATE:December 10, 2024
TO:Planning Commission
SUBJECT:Planned Development Rezoning (PLPA-4094-2024)Prepared by:Kristie Wheeler, Interim Assistant Community DevelopmentDirector
EXECUTIVE SUMMARY:The Planning Commission will consider and make a recommendation to the City Council regarding 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 Planning Commission will also consider and make a recommendation to the City Council regarding an exemption from the requirements of the California Environmental Quality Act.
STAFF RECOMMENDATION:Conduct a public hearing, deliberate, and adopt the Resolution recommending City Council approval of an 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).
DESCRIPTION:BackgroundEach 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 the community.On November 15, 2022, the City Council adopted Resolution No. 133-22, which approved the draft
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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.Proposed ProjectThe City has 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 RezoningProperty Address Property Size Existing Use Existing General Plan Land Use Existing Zoning Proposed Zoning5378 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 Rodd 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
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Figure 1: Existing General Plan Land Use Designations
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Figure 2: Existing Zoning
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AnalysisTo 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.
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Figure 3: Proposed Rezoning
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A draft Planning Commission Resolution recommending City Council approval of the proposed rezoning is included as Attachment 1 with the draft Ordinance included as Attachment 2.Consistency with the General Plan, Specific Plans, and Zoning OrdinanceThe 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 isnecessary 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 isexempt 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.
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 not received any communication from any of the property owners.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 Planning Commission Agenda was posted.
ATTACHMENTS:1) Planning Commission Resolution Recommending Approval of Proposed Rezoning2) Exhibit A to Attachment 1 – City Council Ordinance Amending Zoning Map and Approving Rezoning
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Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2
RESOLUTION NO. XX – 24
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.
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Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2
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:
NOES:
ABSENT:
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST:
______________________________________
Assistant Community Development Director
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Attachment 2
Exhibit A to Attachment 1
Ordinance. No. XX-25, Item X.X, Adopted XX/XX/25 Page 1 of 3
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 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)
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) 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-xx 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 __________, 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 as 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
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.
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Attachment 2
Exhibit A to Attachment 1
Ordinance.No. XX-25, Item X.X, Adopted XX/XX/25 Page 2 of 3
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.
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).
A map of the Rezoning is shown below:
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Attachment 2
Exhibit A to Attachment 1
Ordinance. No. XX-25, Item X.X, Adopted XX/XX/25 Page 3 of 3
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its adoption.
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 __th day of _____ 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________
City Clerk
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PLANNED DEVELOPMENT
REZONING
Planning Commission Meeting
December 10, 2024
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.18:
Planned Development (PD) Zoning
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*
Existing General Plan and Zoning
Housing Element Program B.18: Planned
Development (PD) Zoning
•Development of property with PD zoning requires
legislative action by City Council and is viewed 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 Rezoning
Recommendation
•Conduct a public hearing, deliberate, and adopt the
Resolution recommending City Council approval of
an 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)