HomeMy WebLinkAboutOrd 25-05 DublinTransitCtrDA
ORDINANCE NO. 25·05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT
FOR PA 00-013 SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY
FOR THE DUBLIN TRANSIT CENTER
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Dublin Transit Center is located within the boundaries of the Eastern Dublin
Specific Plan ("Specific Plan") in an area, which is designated on the General Plan Land Use Element Map,
and Eastern Dublin Specific Plan Lad Use Map as High Density Residential, Campus Office and Public/Semi
Public land uses.
B. Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section
15182, the City of Dublin, as the Lead Agency, has prepared an Environmental Impact Report and Mitigation
Monitoring Program for the above~referenced proposed project. The Draft Environmental Impact Report was
available for public review from July 6, 2001 to August 21,2001 and the City subsequently recirculated an
analysis of additional impacts for a 45-day public review period from July 16, 2002 to August 30, 2002. The
Environmental Impact Report was certified by the City Council on December 3, 2002
C. The City Council approved the Master Development Agreement between the City of Dublin
and Alameda County Surplus Property Authority by Ordinance No. 5-03 on May 6, 2003.
D. A public hearing on the proposed Amendment to the Master Development Agreement was held
before the Planning Commission on August 24, 2005, for which public notice was given as provided by law.
E. The Planning Commission has made its recommendation to the City Council for approval of
the Amendment to the Master Development Agreement.
F. A public hearing on the proposed Master Development Agreement was held before the City
Council on September 20 and October 4, 2005, for which public notice was given as provided by law.
G. The City Council has considered the recommendation of the Planning Commission who
considered the item at the August 24,2005 meeting, including the Planning Commission's reasons for its
recommendation, the Agenda Statement, all comments received in writing and aU testimony received at the
public hearing.
Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the EIR, (f)
the individual Mitigated Negative Declarations (g) the Agenda Statement, and on the basis of the specific
conclusions set forth below, the City Council finds and determines that:
l. The Amendment to the Master Development Agreement is consistent with the objectives, policies,
general land uses and programs specified and contained in the City's General Plan, as amended by the Eastern
Qrd No 25-05 10/04105 ¡tern 6.4
Pa~e 1 of2
Dublin General Plan Arnendrnent, and in the Specific Plan in that (a) the General Plan and Specific Plan land
use designation for the site are High Density Residential, Campus Office and Public/Semi Public Land Uses
and the proposed project is a project consistent with that land use, (b) the project is consistent with the fiscal
policies of the General Plan and Specific Plan with respect to provision of infrastructure and public services,
and (c) the Amendment to the Master Development Agreement includes provisions relating to vesting of
development rights, and similar provisions set forth in the Specific Plan.
2. The Amendment to the Master Development Agreement is compatible with the uses authorized
in, and the regulations prescribed for, the land use districts in which the real property is located in that the
project approvals include a PD District Overlay Zone for the Dublin Transit Center and Vesting Tentative
Map, General Plan and Specific Plan Amendment and Site Development Review.
3. The Amendment to the Master Development Agreement is in conformity with public
convenience, general welfare and good land use policies in that the Dublin Transit Center will implement land
use guidelines set forth in the Specific Plan and the General Plan which have planned for residential,
commercial, parks, public and semi-public, open space and campus office uses at this location.
4. The Amendment to the Master Development Agreement will not be detrimental to the health,
safety and general welfare in that the project will proceed in accordance with all the programs and policies of
the Eastern Dublin Specific Plan.
5. The Amendment to the Master Development Agreement will not adversely affect the orderly
development of property or the preservation of property values in that the project will be consistent with the
General Plan and with the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Amendment to the Development Agreement (Exhibit A) and
authorizes the Mayor to sign.
Section 4. RECORDATION
Within ten (10) days after the Development Agreements are fully executed by all parties, the City
Clerk shall submit the Agreement to the County Recorder for recordation.
Section S. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage.
The City Clerk of the City of Dublin shall cause the 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 AND ADOPTED BY the City Council of the City of Dublin, on this 4'" day of October,
2005, by the following votes:
AYES: Coucnilmembers Hildenbrand, McCormick and Oravetz, and Mayor Lockhart
NOES: None
ABSENT: Vice Mayor Zika
ABSTAIN: None
ATTEST: ~ \ \ \1\ \ \ D fV\^...eM.;....
- City Cl;~ Holman
~
Mayor Janet Lockhart
Ord No 25-05 10/04105 Item 6.4
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City of Dublin
When Recorded Mall To:
City Clerk
City of Dublin .
100 Civic Plaza'
Dublin, CA 94568
Space above this line for Recorder's Use
FIRST AMENDMENT TO
MASTER DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY
FOR THE
DUBLIN TRANSIT CENTER PROJECT
EXHIBIT A
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THIS AMENDMENT is made and'entered in the City of Dublin on this _ day of
_' _' by and between the CITY OF DUBLIN, a Municipal Corporation (hereafter
"CIty"), and SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA, a
Public Corporation (hereafter "Developer"), pursuant to the authortty of §§ 65864 et seq.
of the California Government Code and Dublin Municípal Code, Chapter 8.56.
RECITALS
A. Developer and City are parties to that certain Master Development
Agreement Between the City of Dublin and Surplus Property Authority of Alameda
County for the Dublin Transit Center Project, dated May 6, 2003 ("the Agreement"),
whIch was entered Into pursuant to California Govemment Code §§ 65864 et seq. and
Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56"); and
. B. Developer, pursuant to the Agreement, proposes the development of the
Dublin Transit Center Property with a mixed use project to include a viJlage green,
approximately 1,500 high-density residential units (referred to as Sites A. B and C),
approximately two million square feet of campus office ranging in height from eight to
ten stories (referred to as Sites 0-1, D-2, E-1. and E-2), a. neighborhood park (Site F),
approximately 8.65 acres of public/semi public uses Including a parking garage for the
adjacent BART station and public roads (DeMarcus Boulevard, Iron Horse Parkway,
Campus Drive and Altamirano Road) (together, the "Dublin Transit Center Project"); and,
C. City granted various land use approvals in connection with the
development of the Dublin Transit Center Project, .Including a Planned Development
Rezoning and Stage 1 Development Plan (Ordinance 21-02), which allow Developer to
propose development of up to 300 additional residential units on certain property wIthin
the Transit Ce(1ter Project designated "Campus Office" under the Eastem Dublin
Specific Plan (known as SIte D-1 and Site E-1), in accordance wtth Policy 4-4 of the
Eastern Dublin SpecIfic Plan.
D. The Agreement requires that the project comply with the City's
Inclusionary zoning ordinance in effect at the time of Site Development Review, and
requires that 15% of the residential units be Inclusionary Units, even though the
Incluslonary Zoning Regulations only require that 12.5% of the units be Inclusionary
Units and permit up to 40% of that obligation (or 5% of the total number of units in the
Project as a whole) tobe satisfied by the payment of a fee In-lieu of construction of the
Inclusionary Units; and
E. Under the approvals, the 300 units may be constructed on Sites D and E, .
or all may be constructed on either Site D·1 or E-1. If those units were all constructed
on Site E-1, the maximum square footage of campus office on Sites D and E would be
reduced by 300,000 square feet; and
First Amendment to Development Agreement Between City of Dublin
Surplus Property Authority for the Transit Center
T16137~.:1\4.14D .
Page 1 of 5
August 1 B. 2005
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F. Developer desires to amend the Agreement to provide that If it applies for
and receives final approvals to construct 300 residential units on Site E·1 (a) instead of
constructing the required inclusionary units in Site E-1 Project it may make a payment
to the City equal to the amount of the City's then-current in-lieu fee under the
Inclusionary Zoning Regulations and (b) 10% of the units on Sites A-1 and A-3 WIll be
. moderate income units, which would result in an additional 25 moderate income units
on the residential Sites A, B, and C; and
G. The City is amenable to Developer's proposed amendments because the
proposal would still meet or exceed the requirements under the lnclusionary ZonIng
Regulations for the Dublin Transit Center Project as a whble; and
. H. Developer and City are negotiating with BART regarding funding towards
construction of the proposed West Dublin BART station. Developer has agreed to
provide certain funding toWards construction of the proposed West Dublin BART station
and Oity desires to see that station constructed. Developer's commitment is a result of
its development of a garage at the East Dublin BART station and future development of
Site C, as well as Its desire to see regional transportation improvements.
I. The City Council has found that, among other things, this Development
Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan and
has been reviewed and evaluated in accordance with Chapter 8.56; and
J. On October _,2005, the City Council of the City of Dublin adopted
Ordinance No. _-_ approving this Amendment to the Agreement. The ordinance took
effect on
NOW, THEREFORE, with reference to the foregoing recitals and in consideration
of the mutual promises, obligations and covenants herein contained, CITY and
DEVELOPER agree as follows:
AMENDMENT TO AGREEMENT
Section 1. Amendment to Section 12 of the Aareement. Section 12 of the Agreement
is hereby amended in its entirety to read as follows:
"Section 12. Affordable Housina.
a. DEVELOPER shall comply with the provisions of CITY's
Incluslonary Zoning Ordinance (Dublin Municipal Code Chapter 8.68) in
effect at the time of approval of Site Development Review.
b. All required low income and very-low income units for the
entire Dublin Transit Center Project may be located on Site A-2, a portion
of Site A.
First Amendment to Development Agreement Betweën CIty of Dublin
Surplus Property Authority for the Transit Center
778'3'_5;' '4.140
Page 2 of 5
August 18, 2DD5
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c. All required moderate units for the entire Dublin Transit
Center Project may be located on Sites A-1, A-3, B, andC. Cityshall
require ten percent (10%) of the units on Sites A-f, A-3, B, and C to be
moderate units. CITY shall use the definition in Dublin Municipal Code
§8.68.020.D [80% to 120% of median income, as adjusted) for "moderate
Income:
d. A minimum of 15% of the total units constructed on the
Dublin Transit Center Property shall be Incluslonary Units consistent with
the Inclusionary Zoning Ordinance.
e. Notwithstanding the foregoing, if Developer receives final
entitlements to construct 300 residential units on Site E-1, the requirement
under Subsection 12.d that 15% of the units be Inclusionary Units shall not
apply to the units constructed on Site E-1 If DEVELOPER makes a
payment to CITY priorto the issuance of first building permit for a
residential unit within Site E-1 equal to the number of Incluslonary Units
that would otherwise be required to be constructed pursuant to Subsection
12.d multiplied by the amount of the then-current in-lieu fee under the
Inclusionary Zoning Regulations. Pursuant to Resolution No. 56-02, the
current amount of the in-lieu fee is $84,198 per Incluslonary Unit.
(i). By way of example, if DEVELOPER received final
entitlements to construct 300 units on Site E-1, prior to issuance of first
building permit, It could elect to make a payment to the City equal to
$3,788,910.00, assuming the current in-lieu fee amount. If this payment
were made, DEVELOPER would not be obligated to construct 45
Inclusionary Units on Site E-1, as would otherwise be required by
Subsection 12.d.
f. DEVELOPER shall enter into an affordable housing
agreement, as required by the Inclusionary Zoning Ordinance, for each
project within the Dublin Transit Center. Each project on Sites A·1 , A-3, B
and C shall Include a minimum often percent (10%) moderate units. The
affordable housing agreement shall assure that construction of the
inclusional)' units occurs contemporaneously with construction of the
market rate units on Sites A·1, A-3, Band C. No building permit for any
building on Sites A-1 or C shall be issued unless the building permits for
all low income and very-low Income units on Site A-2 have been issued
and construction of such units has commenced.
g. This section shall survive termination ofthis agreement."
First Amendment to Development Agreement Between City of Dublin
Surplus Property Authority for the Transit Center
77e13'7_5;114.140
Page 3 of 5
August 18, 2005
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Section 2, Addition of Section 35 to the Aareement. Section 35 is added to the
Agreement to read as follows:
"Section 35. Contribution to West Dublin BART Station.
Developer will make a contribution of $4.5 million to the bond reserve fund
for the proposed West Dublin BART station. The contribution will be made
at the same time and be subject to the same terms asthe proposed
anticipated contribution that City will make to the bond reserve fund for
such station, to be used by BART for debt service on the bonds if the fare
revenues from the station are not adequate to pay the debt service. The
parties anticipate that the Developer's contribution will be made as follows:
$2.25 million will be paid when BART Issues bonds for construction of the
station and $2.25 million will be paid when construction is completed.
When such events occur, Developer will pay said monies to BART and will
immediately provide City with a copy of such payment.
In the event that (a) BART does not Issue bonds within two years of the
effective date of this amendment, (b) Developer is released by BART from
Its obligation to make a contribution of $4.5 million to the West Dublin
BART reserve fund and (c) City agrees that Developer's $4.5 million
contribution will no longer be required for the West Dublin BART station,
Developer will make an additional inclusionary zoning in-lieu fee payment
to City of $2 million (two million dollars) or a payment of $2 million (two
million doliars) to City for community uses.
This section shall survive terminatIon of this agreement."
Section 3. Counterparts.
This Agreement may executed In two (2) duplicate originals, each of which is
deemed to be an original.
Section 4. Recordation.
CITY shall record a copy of this Agreement within ten days following execution
by all parties.
First Amendment to Development Agreement Between City of Dublin
Surplus Property AuthorRy for the Transit Center
776137_5:114.140
Page 4 of 5
August 18, 2005
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date and year first above written.
CITY OF DUBLIN:
By: Date:
Janet Lockhart, Mayor
A TrEST:
By: Date:
Kay Keck, City Clerk
Approved as to Form:
Elizabeth H. Sliver, City Attorney
SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY:
1..Ja~
, ) '. Its Manager
Date:
First Amendment to Development Agreement Between City of Dublin
Surplus Property Authority for the Trans~ Center
776137 _~:114_140
s1/€(vs:-
Page 5 of 5
August 18, 2005