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HomeMy WebLinkAboutOrd 16-00 DA SybaseORDINANCE NO. 16 - 00 AN ORDINANCE OF THE CITY OF DUBLIN APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN, WILCOX DEVELOPMENT SERVICES (PA 99-062), AND ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR THE SYBASE CORPORATE HEADQUARTERS FACILITY PROJECT THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1: RECITALS A. The proposed Sybase Corporate Headquarters project (PA 99-062) 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 and the Eastern Dublin Specific Plan Land Use Map as High Density Residential. An application has been filed to change the eastern 19-acres of Site 15 of the Santa Rita Properties to "Campus Office" (CO). B. This project is within the scope of the Eastern Dublin Specific Plan and General Plan, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration has been prepared for the Sybase Specific Plan/General Plan Amendment. 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 are required for the Sybase Headquarters 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/General 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. Wilcox Development Services has filed an application requesting approval of a development agreement for the Sybase Corporate Headquarters project. E. A Development Agreement between the City of Dublin, Wilcox Development Services and the Alameda County Surplus~Property Authority has been presented to the City Council, a copy of which is attached to the staff`report as Attachment 5. F. A public hearingon the proposed Development Agreement was held before the Planning Commission on May 9, 2000, for which public notice was given as provided by law. Agreement. The Planning Commission has made its recommendation for approval of the Development H. A public hearing on the proposed Development Agreement was held before the City Council on June 6, 2000, for which public notice was given as provided by law. J The City Council has considered the recommendation of the Planning Commission at the June 6, 2000 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 Specific Plan Amendment, (d) the Eastern Dublin Specific Plan, (e) the EIR, (f) the Agenda Statement, and on the basis of speCific conclusions set forth below, the City Council finds and determines that: 1. The Development Agreement is consistent with the objectives, policies, general plan 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 for the site is currently High Density Residential, but a request has been submitted to the City of Dublin to change the land use designation to Campus Office (CO) to allow development of the Sybase Corporate Headquarters Facility complex. The proposed project is consistent with the amended land use designation of Campus Office, (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 project approvals include an Amendment to the Eastern Dublin Specific Plan/General Plan, a Planned Development Rezoning/Stage 1 & 2 Development Plan, Site Development Review, and Parcel Map adopted specifically for the Sybase project 3. The Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the Sybase project will implement land use guidelines set forth in the Specific Plan and General Plan. 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 program 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 will be consistent with the General Plan and Specific Plan, as amended. Section 3: APPROVAL The City Council hereby approved the Development Agreement (Attachment 5 to the Staff Report) and authorizes the Mayor to sign it. Section 4: RECORDATION Within ten (10) days after the Development Agreement is executed by the Mayor, the City Clerk shall sub mit 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 Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of Dublin, on this 20th day of June, 2000. AYES: Councilmembers Howard~ McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: _None ATTEST: K2/G/6-20-00/orld-sybase-da.doc (Item 6.2)