HomeMy WebLinkAbout8.2 Attch 6 Exh A to Ord ORDINANCE NO. XX - 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND
BATES STRINGER VENTURES FOR THE HERITAGE PARK PROJECT
PLPA 2013-00002
THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The Applicant, Bates Stringer Ventures, proposes to demolish an existing 110,000
square foot office complex and develop 54 small-lot single family homes and a two-story 14,000
square foot office building on approximately 6.6 acres in the Dublin Village Historic Area Specific
Plan ("Specific Plan") area. The project proposes a General Plan and Specific Plan Amendment
to change the land use designations on a 5.94 acre portion of the site from Retail/Office (RO) to
Medium Density Residential (MDR), and proposes a PD-Planned Development rezoning with
Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map and
Development Agreement for the entire 6.6 acre site. The proposed development and
applications are collectively known as the "Project"; related approvals of the applications are
collectively known as the "Project Approvals"; and
B. The Project site is located at 11875 Dublin Boulevard, west of San Ramon Road;
south of Dublin Boulevard; east of Donlon Way; and north of Interstate 580; and
C. The Applicant and City desire to enter into a Development Agreement subject to
certain terms, including a Community Benefit Payment to the City in the amount of $324,000 to
be applied towards future investment and development of the City's heritage assets, and the
vesting of the Project Approvals for five years; and
D. The California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations, require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
E. The Project is located within the Dublin Village Historic Area Specific Plan area for
which a Mitigated Negative Declaration was adopted on August 1, 2006 by Resolution No. 149-
06. The previous environmental analysis was updated for the Project through a project- and
site-specific Heritage Park Environmental Impact Report ("EIR", SCH # 2013092043). The
Heritage Park EIR analyzed the environmental impacts of the Project, including this Agreement.
The City Council also approved a Mitigation Monitoring and Reporting Program for the
Project. No significant unavoidable impacts were identified in the Heritage Park EIR; and
F. On June 10, 2014, the Planning Commission adopted Resolution 14-XX
recommending that the City Council certify the EIR, which Resolution is incorporated herein by
reference and available for review at City Hall during normal business hours; and
EXHIBIT A TO
ATTACHMENT 6
G. On June 10, 2014, the Planning Commission held a properly noticed public
hearing on the Project, including the proposed Development Agreement, and adopted
Resolution 14-XX recommending that the City Council adopt the Development Agreement,
which Resolution is incorporated herein by reference and available for review at City Hall during
normal business hours; and
H. The City Council held a properly noticed public hearing on the Project, including
the proposed Development Agreement, on 2014 at which time all interested
parties had the opportunity to be heard; and
I. A Staff Report dated , 2014 and incorporated herein by reference, described
and analyzed the Project, including the Development Agreement, for the City Council; and
I. The City Council used their independent judgment and considered the staff report,
the EIR, and all reports, recommendations and testimony referenced above and adopted
Resolution No. 14-XX certifying the EIR prior to approving the Development Agreement; and
J. The City Council has considered the recommendation of the Planning Commission
on the Development Agreement, including the Planning Commission's reasons for its
recommendation, the Staff Report, all comments received in writing, and all testimony received
at the public hearing.
Section 2. FINDINGS AND DETERMINATIONS
On the basis of: (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin General Plan; (c) the Dublin Village Historic Area Specific Plan, (d) the EIR, (e) the staff
report; (f) information in the entire record of proceedings for the Project, 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, and in the Dublin
Village Historic Area Specific Plan in that: (a) the General Plan and Dublin Village Historic Area
Specific Plan land use designations, policies, programs and objectives are incorporated into the
Development Agreement and not altered by the Development Agreement; and (b) the Project is
consistent with the fiscal policies of the General Plan and Specific Plan with respect to the
provision of infrastructure and public services.
2. The 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.
3. The Development Agreement is in conformity with public convenience, general
welfare, and good land use policies in that the Project will implement land use guidelines set
forth in the General Plan and the Dublin Village Historic Area Specific Plan.
4. The Development Agreement will not be detrimental to the health, safety, and
general welfare in that the Developer's proposed Project will proceed in accordance with all the
programs and policies of the General Plan, Dublin Village Historic Area Specific Plan, and
Project Approvals.
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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, the Dublin Village Historic Area Specific Plan, and Project Approvals.
6. The Development Agreement complies with the requirements of §§ 65864 et seq.
of the California Government Code and Dublin Municipal Code Chapter 8.56 and specifies the
duration of the agreement, the permitted uses of the property, the density or intensity of use, the
maximum height and size of proposed buildings, and provisions for reservation or dedication of
land for public purposes. The Development Agreement contains an indemnity and insurance
clause requiring the developer to indemnify and hold the City harmless against claims arising
out of the development process, including all legal fees and costs.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A to the
Ordinance) and authorizes the City Manager to execute it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, 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 on the date the Applicant acquires fee title to the
Property. 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 day of
2014 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2277070.1
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