HomeMy WebLinkAbout5.1 Att 7 Exh A CC Reso DA ORDINANCE NO. XX - 16
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND
KAISER FOUNDATION HEALTH PLAN RELATED TO THE
KAISER DUBLIN MEDICAL CENTER PROJECT
PA 08-050 and PLPA 2016-00007
(APNs 985-0061-005-00 and 985-0027-009-02)
WHEREAS,; and
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A A request has been made by Kaiser Foundation Health Plan ("Applicant") to enter
into a Development Agreement with the City of Dublin for the property known as the Kaiser site,
which includes properties identified by Assessor Parcel Numbers 985-0061-005-00 and 985-
0027-009-02, an approximately 58 acre site, and
B The Applicant, Kaiser Foundation Health Plan, submitted a Planning Application
for, and is proposing to obtain approvals for, the Kaiser Dublin Medical Center project, which is
comprised of 950,000 square feet of medical campus uses in three main buildings, 250,000
square feet of commercial uses, a parking structure, and associated site, roadway frontage, and
landscape improvements Requested land use approvals include a General Plan Amendment
and Eastern Dublin Specific Plan Amendment to create two new land use districts, Planned
Development Rezoning (Stage 1 and Stage 2), and a Site Development Review Permit for
Phase 1A (a 220,000 square foot medical office building), a request for a Development
Agreement, and certification of a Final Environmental Impact Report, among other related
actions These planning and implementing actions are collectively known as the "Kaiser Dublin
Medical Center Project" or the "Project" and
C The Project is the subject of an Environmental Impact Report (EIR), State
Clearinghouse number 2015012018 On August 23, 2016, the Planning Commission approved
Resolution No 16-xx, recommending that the City Council certify the Kaiser Dublin Medical
Center Final EIR and adopt CEQA findings, a Statement of Overriding Considerations, and
Mitigation Monitoring and Reporting Program for the Project The Development Agreement was
part of the Project analyzed in the EIR and the impacts of the activities under the Development
Agreement were analyzed in the EIR, and
D The Applicant has applied for a Development Agreement which will vest the
Project Approvals
E The Planning Commission held a public hearing on the proposed Development
Agreement on August 23, 2016, for which public notice was given by law; and
EXHIBIT A TO
ATTACHMENT 7
F The Planning Commission made its recommendation to the City Council for
approval of the Development Agreement by Resolution; and
G A public hearing on the proposed Development Agreement was held before the
City Council on , 2016 for which public notice was given as provided by law, and
H The City Council has considered the recommendation of the Planning
Commission, 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 General Plan, (c) the Eastern Dublin Specific Plan, (d) the Kaiser Dublin
Medical Center Project EIR, (e) the Staff Report; (f) information in the entire record of
proceeding 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 Eastern
Dublin Specific Plan in that (a) the Development Agreement incorporates the objectives
policies, general land uses and programs in the General Plan and Specific Plan and does not
amend or modify them, 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 because the
Development Agreement does not amend the uses or regulations in the applicable land use
district
3. The Development Agreement is in conformity with public convenience, general
welfare, and good land use policies in that the Developer's project will implement land use
guidelines set forth in the Eastern Dublin Specific Plan and the General Plan as articulated in
Resolution No. xx-xx, amending the General Plan and the Eastern Dublin Specific Plan, adopted
by the City Council on 2016
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, Eastern Dublin Specific Plan, and future Project
Approvals and any Conditions of Approval
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 Eastern Dublin Specific Plan, and future Project Approvals
6 The Development Agreement specifies the duration of the agreement, the
permitted uses of the property, and the obligations of the Applicant 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-1 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 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 the City of Dublin, on this day of
, 2016 by the following votes
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk