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HomeMy WebLinkAboutAttachmt 4 City Council Resolution 30-04 RESOLUTION NO. 30 - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING A WAIVER TO CHAPTER 8.68 OF THE DUBLIN MUNICIPAL CODE FOR A HOTEL, RESIDENTIAL, AND SMALL-SCALE COMMERCIAL PROJECT PROPOSED AT 6600 GOLDEN GATE DRIVE (APN 941-1500-046) PA 03-033 WHEREAS, Arnpelon Development Group, on behalf of the San Francisco Bay Area Rapid Transit District (BART), submitted a Stage I Planned Development application for a high-density residential, hotel, and small-scale commercial development located on 7.26-acres directly north of the future West Dublin/Pleasanton BART station at the terminus of Golden Gate Drive. The project proposes 210 high-density residential units, a I50-room, 79,500 square foot hotel, and a 7,500 square foot small- scale commercial pad. The project application includes a request to amend the West Dublin BART Specific Plan; to zone the site as PD-Planned Development, to approve a related Stage 1 Development Plan; and to approve a waiver to the City's Inclusionary Zoning requirement (hereafter the "Project") ; and WHEREAS, Chapter 8.68 ofthe Dublin Municipal Code requires all new residential development projects of 20 units or more designed and intended for permanent occupancy to construct 12.5% of the total number of dwelling units within the development as affordable units, except as otherwise provided by the chapter; and WHEREAS, the Applicant is requesting a waiver of the City's fuclusionary Zoning Regulations under Section 8.68.040.E for the Project, which states "The City Council, at its discretion, may waive, wholly or partially, the requirements of this ordinance and approve alternate methods of compliance with this chapter if the applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of this chapter; and WHEREAS, the City is party to an agreement with BART to contribute City tax revenues generated in Dublin from the Project to assist in payment of the debt service for the revenue bonds to be issued to fund construction of the BART station; and WHEREAS, proceeds from the proposed development project will provide a critical piece of the funding for the future West Dublin/Pleasanton BART station. By granting a waiver to the Inclusionary Zoning regulations, the development project will be more viable and profitable, and thereby increasing the ftmds available to construct the future BART station in a timely fashion. Once the West DublinJPleasanton BART station is under construction, property near the station and in Downtown Dublin will become viable for residential uses and new opportunities for affordable housing will be introduced to the community; and WHEREAS, although the project itself may not provide affordable housing units, through the development of the BART station, it will influence the development of future residential projects that will contain units affordable to a range of income categories. Staff finds that the approval of the waiver could jump start residential development in the area and eventually result in an increase in the production of affordable residential units, which is one of the purposes of the fuclusionary Zoning regulations per Section 8.68.01O.A of the ordinance. Attachment 4 NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby find that by allowing the project to waive its obligation to provide affordable housing, the City of Dublin's monetary contribution to the West DublinIPleasanton BART Station construction will cease sooner than would occur if the Project were subject to the IncIusionary Zoning Regulation requirements. BE IT FURTHER RESOLVED THAT if the waiver is granted, the project will be more profitable, it will enable the construction of the future West DublinIPleasanton BART Station (which will be a benefit to the Dublin community), and will indirectly support the construction of new residential projects in the vicinity of the new station that will contain affordable housing units, thereby meeting the purpose of Chapter 8.68 of the Dublin Municipal Code, including enhancing the public welfare and assuring that further housing development contributes to the attainment of the City's housing goals by increasing the production of residential units affordable by households of very-low-, low-, and moderate income. PASSED, APPROVED AND ADOPTED this 2nd day of March 2004. AYES: Councilmember McCormick, Oravetz, Zika, and Mayor Lockhart NOES: None ABSENT: CounciImember Sbranti ABSTAIN: None K2/G/3-2-04/reso-BART-izo.doc (Item 6.1) G:\PA#\2003\03-033 West Dublin BART Apts-Hotel\CC Reso Addendum.DOC