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HomeMy WebLinkAboutOrd 12-22 Approving an Amendment to Planned Development Zoning Ordinance No. 03-19 for the Kaiser Commercial Project PLPA-2022-00003 (APN 985-0027-026-00)Ord. No. 12-22, Item 4.8, Adopted 11/01/2022 Page 1 of 3 ORDINANCE NO. 12 – 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT ZONING ORDINANCE NO. 03-19 FOR THE KAISER COMMERCIAL PROJECT PLPA 2022-00003 (APN 985-0027-026-00) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Property Owner and Applicant, Dosanjh Real Estate, LLC, submitted an application to construct a commercial self-service car wash consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a parking area with 15 vacuum stalls and related site improvements. The applications include an amendment to Planned Development Zoning (Ordinance No. 03-19) for Kaiser Commercial, a Conditional Use Permit and a Site Development Review Permit. The proposed development and applications are collectively known as the “Project.” B. The Project site is approximately one-acre located on the southwest corner of Dublin Boulevard and Kaiser Road (Assessor Parcel Number 985-0027-026-00). C. On October 4, 2016, the City Council approved a Planned Development Rezone with a Stage 1 Development Plan for the Kaiser Dublin Medical Center Project which included the subject site as part of Phase IB (also known as Kaiser Commercial) (Ordinance No. 07-16). D. On May 7, 2019, the City Council approved a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan for the Kaiser Commercial site as part of the Nissan Automobile Dealership project (Ordinance No. 03-19). E. An amendment to Planned Development Zoning (Ordinance No. 03-19) is necessary to allow the proposed use. F. In accordance with the California Environmental Quality Act (CEQA) certain projects require review for environmental impacts and, when applicable, environmental documents to be prepared. G. On September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project Environmental Impact Report (EIR), which included the subject site identified as Phase 1B, and adopted a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations (Resolution No. 153-16, incorporated herein by reference). H. Pursuant to the requirements of CEQA, the Project was examined to determine if further environmental review is required. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures Ord. No. 12-22, Item 4.8, Adopted 11/01/2022 Page 2 of 3 would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines Sections 15162 and 15168(c) exist. I. Following a properly noticed public hearing on September 27, 2022, the Planning Commission adopted Resolution No. 22-12, recommending denial of an amendment to Planned Development Ordinance No. 03-19 for the Kaiser Commercial Project, a Conditional Use Permit and a Site Development Review Permit, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours. J. On October 18, 2022, the City Council held a properly noticed public hearing on the Project, including the proposed amendment to Planned Development Zoning (Ordinance No. 03-19), at which time all interested parties had the opportunity to be heard. K. Staff Report dated October 18, 2022, and incorporated herein by reference, described and analyzed the Project, including the proposed amendment to Planned Development Ordinance No. 03-19, for the City Council. SECTION 2: AMENDMENT TO EXISTING STAGE 1 AND STAGE 2 DEVELOPMENT PLAN Amendment to the PD Stage 1 and Stage 2 Development Plan is limited to adding Car Wash/Detailing as a Conditionally Permitted Use with the following notation: Notes: 5. Use allowed on Parcel 2 and only when supporting a City-revenue generating use within the Kaiser Commercial Project Area. 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. Ord. No. 12-22, Item 4.8, Adopted 11/01/2022 Page 3 of 3 PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 1st day of November 2022, by the following votes: AYES: Councilmembers Hu, Josey, Kumagai, and Mayor Hernandez NOES: Councilmember McCorriston ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk