HomeMy WebLinkAboutReso 30-04 Waive Muni Code 8.68 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, Ampelon 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 150-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 of the 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 Inclusionary 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
funds available to construct the future BART station in a timely fashion. Once the West
Dublin/Pleasanton 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 Inclusionary Zoning regulations per
Section 8.68.010.A of the ordinance.
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 Dublin/Pleasanton BART Station construction will cease sooner than
would occur if the Project were subject to the Inclusionary 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 Dublin/Pleasanton 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: Councilmember Sbranti
ABSTAIN: None ~~//~-¢~'~/-Mayor
ATTEST:.._~/] --
K2/G/3_2-04/reso-BART-izo.doc (Item 6.1)
G:kPA#k2003\03-033 West Dublin BART Apts-HotelkCC Reso Addendum. DOC