HomeMy WebLinkAboutOrd 07-99 DA Koll Dublin CntrORDINANCE NO. 7 - 99
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN,
KOLL DEVELOPMENT COMPANY, LLC (PA 98-047) and
ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
FOR THE KOLL DUBLIN CORPORATE CENTER
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Koll Development Company Project. (PA 98-047) 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 Land Use Map as General
Commercial (GC) and Campus Office (CO) uses.
B. This project is within the scope of the Eastem Dublin Specific Plan and General Plan
Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration
(SCH 86082092) has been approved for the Santa Rim Specific Plan Amendment of which this project is
a part. That Mitigated Negative Declaration together with the Program EIR adequately describes the total
project for the purposes of CEQA. The analysis indicated that no new effects could occur and no new
mitigation measures would be required for the Koll Dublin Corporate Center Project that were not
addressed in the FEIR or Mitigated Negative Declaration. Further, that analysis found that the project is
in conformity with the Eastern Dublin Specific Plan.
C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements with the City.
D. Koll Development Company, LLC, have filed an application requesting approval of a
development agreement for the Koll Dublin Corporate Center.
E. A Development Agreement between the City of Dublin, Koll Development Company,
LLC, and Alameda County Surplus Property Authority has been presented to the City Council, a copy of
which is attached to the Staff Report as Attachment 1.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on March 23, 1999, for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
H. A public hearing on the proposed Development Agreement was held before the City
Council on April 6, 1999, for which public notice was given as provided by law.
J. The City Council has considered the recommendation of the Planning Commission at the
April 6, 1999 meeting, including the Planning Commission's reasons for its recommendation, the Agenda
Statement, all comments received in writing and all 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 Agenda Statement, and on the basis of the specific conclusions set forth below, the City
Council finds and determines that:
1. The 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 Dublin
General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use
designation for the site is General Commercial (GC) and Campus Office (CO) uses and the proposed
project is an office development 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 Development Agreement includes provisions relating to financing,
construction and maintenance of public facilities, and similar provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located in that the project approvals
include a Planned Development Rezoning, Parcel Map and Site Design Review adopted specifically for~
the Koll Dublin Corporate Center Project.
3. The Development Agreement is in conformity with public convenience, general welfare
and good land use policies in that the Koll Dublin Corporate Center Project will implement land use
guidelines set forth in the Specific Plan and the General Plan which have planned for office uses at this
location.
4. The 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 Development Agreement will not adversely affect the orderly development of property
or the preservation of property values in that the project trill be consistent with the General Plan and with
the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Attachment 1 to the Staff Report)
and authorizes the Mayor to sign ito
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is executed by the Mayor, the City Clerk
shall submit the Agreement to the County Recorder for recordation.
Section 5. 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 Dublinin accordance with SeCtion 36933 of the Governmem Code of the State
of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 204 day of April,
1999, by the following votes:
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
Councilmembers Howard, Lockhart, McCormick, Zika, & Mayor Houston
ATTEST~(~~_~
CITY CLE~,~ ~..
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