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Home My WebLink About4.7 Ordinance Repealing Ordinance No. 11-21CELEBRATING STAFF REPO RT CITY COUNCIL DUBLIN CALIFORNIA DATE: March 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager Agenda Item 4.7 SU ELECT: Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project Prepared by: Marsha Moore, MMC, City Clerk and Jordyn Bishop, Assistant City Attorney EXECUTIVE SUMMARY: The City Council will consider adopting an Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project. The first reading of the Ordinance was held on March 1, 2022 Regular City Council Meeting. The City Council is now being asked to waive the second reading and adopt the Ordinance. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00). FINANCIAL IMPACT: None. DESCRIPTION: On December 7, 2021, the City Council introduced Ordinance No. 11-21 titled, "Amending the Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project PLPA 2020-00028." Ordinance No. 11-21 was adopted by the City Council on December 21, 2021. Page 1 of 2 337 On December 23, 2021, pursuant to Elections Code Section 9238, subd. (b)(2)(B), a proposed summary of a referendum titled, "Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00)" (the "Referendum") was sent to the City Clerk by the proponent. On December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the Referendum's proponent for circulation. Pursuant to Elections Code Section 9238, subd. (b)(2)(B)(vi), the proponent had 30 days from receipt of the City Attorney's approved summary to submit the petition. The Referendum petition against Ordinance No. 11-21 was submitted to the City Clerk on January 27, 2022. The City Clerk completed a technical review and a prima facie review of signatures and identified 5,202 unverified signatures, meeting the required number of signatures to qualify the petition for further examination. On January 27, 2022, the Referendum petition was delivered to the Alameda County Registrar of Voters for signature examination using the voter registration records to verify the number of valid signatures of Dublin voters. The Registrar of Voters performed a full check of signatures affixed to the petition and determined that the petition contained the minimum number of valid signatures necessary to qualify the referendum for consideration by the City Council. On February 22, 2022, the Registrar submitted to the City Clerk a certificate of sufficiency of the petition dated February 17, 2022. On March 1, 2022, the City Council accepted the City Clerk's Certificate of Petition certifying the sufficiency of the referendum petition against Ordinance No. 11-21 and introduced by title and waived the first reading on an Ordinance repealing Ordinance No. 11-21. The City Council is now being asked to waive the second reading and adopt the Ordinance. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project Page 2 of 2 338 Attachment 1 ORDINANCE NO. XX — 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN REPEALING ORDINANCE NO. 11 - 21 WHICH AMENDED THE ZONING MAP AND APPROVED A PLANNED DEVELOPMENT ZONING DISTRICT WITH RELATED STAGE 2 DEVELOPMENT PLAN AND CEQA FINDINGS FOR THE EAST RANCH PROJECT PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00) WHEREAS, on December 21, 2021, the City Council adopted Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00); and WHEREAS, on December 23, 2021, a referendum proponent filed a proposed summary of a referendum titled, "Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001- 01 and 905-0002-002-00)" ("Referendum"), with the City Clerk pursuant to Elections Code section 9238(b)(2)(B); and WHEREAS, on December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the proponent for circulation; and WHEREAS, on January 27, 2022, the Referendum petition was accepted for filing following the City Clerk's prima facie review and determination that the number of signatures on the Referendum petition exceeded 3,439, the minimum number of signatures required; and WHEREAS, on January 27, 2022, the City Clerk submitted the Referendum petition to the Alameda County Registrar of Voters for examination and a determination, from the records of registration, as to whether or not the Referendum petition was signed by the requisite number of voters; and WHEREAS, on February 22, 2022, the Alameda County Registrar of Voters submitted to the City Clerk a Certificate to Petition dated February 17, 2022 determining that the Referendum petition contains 4,635 valid signatures of qualified registered voters in the City of Dublin and that the Referendum petition is therefore sufficient; and WHEREAS, on March 1, 2022, the City Council accepted the City Clerk's Certificate of Petition, certifying the results of the examination and sufficiency of the Referendum petition filed; and WHEREAS, pursuant to Elections Code section 9241, the City Council is required to submit an ordinance to the voters if it does not entirely repeal the ordinance against which a sufficient referendum petition is filed. Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 2 339 NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows: Section 1. Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference. Section 2. Repeal. Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002- 002-00) is hereby repealed in its entirety. 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. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 5. Posting. 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 15th day of March 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 340