HomeMy WebLinkAboutOrd 26-04 CancelCommerceOneAgmt
ORDINANCE NO. 26-04
AN ORDINANCE OF THE CITY OF DUBLIN
CANCELING THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN, COMMERCE ONE (P A 00-015), and
ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
FOR THE COMMERCE ONE CORPORATE HEADQUARTERS FACILITY PROJECT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1:
RECITALS
A. The proposed Commerce One Headquarters project (PA 00-015) project was approved by
the City Council in 2001. The 27.4 acre project was located APN# 986-005-026 within the boundaries of
the Eastern Dublin Specific Plan.
B. As part of that project a Development Agreement was approved between the City of
Dublin, Commerce One and Alameda County Surplus Property Authority.
C. Implementing actions ofthe Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements with the City.
D. Subsequent to the approval of the Commerce One Project, the Applicant made a decision
to not go forward with the development project and Commerce One subsequently assigned its rights under
the Development Agreement to the Alameda County Surplus Property Authority.
E. The property owner, Alameda County Surplus Property Authority, and a new developer,
Ikea, submitted an application for a different project on the same site. The Ikea Project, which includes a
Development Agreement, was approved in March 2004, by the City Council. The Ikea Project
Development Agreement contains all of the requirements necessary to build the project in conformance
with the Eastern Dublin Specific Plan and General Plan policies.
F. There are currently two development agreements for two separate projects on the same site.
G. The process for canceling a development agreement is the same process as for adopting a
development agreement.
H. The Development Agreement between the City of Dublin, Commerce One 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 2.
I. The Planning Commission did hold a public hearing on this item on September 28,2004
and recommended that the City Council cancel the Commerce One Development Agreement.
J. A public hearing on the proposed cancellation of the Development Agreement was held
before the City Council on October 19, 2004, and November 2,2004, for which public notice was given
as provided by law.
K. The City Council has considered the recommendation of the Planning Commission at the
September 28, 2004, 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 cancellation of said Agreement is consistent with the objectives, policies, general land
uses and programs specified in the Eastern Dublin Specific Plan/General Plan in that, the project is no
longer active and another project has been approved in its place. Additionally, a new Development
Agreement has been approved that includes all of the City's requirements in relation to infrastructure
sequencing and payment of fees.
2. The cancellation of said Agreement will not effect the compatibility of the uses authorized
in, and the regulations prescribed for, the land use district in which the real property is located in that a
new project has been approved to replace this project.
3. The cancellation of said Agreement is in conformity with public convenience, general
welfare and good land use practice in that the Commerce One project no longer exists and a new project
has replaced it, which will implement land use guidelines set forth in the Eastern Dublin Specific
Plan/General Plan.
4. The cancellation of said Agreement will not be detrimental to the health, safety and general
welfare in that the project has been replaced with a new project which proceed in accordance with a
different development agreement and any Conditions of Approval for that Project.
5. Cancellation of said Agreement will not adversely affect the orderly development ofthe
property or the preservation of property values in that a new project that is also consistent with the City of
Dublin Eastern Dublin Specific Plan/General Plan has been approved in place ofthis one.
Section 3:
APPROVAL
The City Council hereby cancels the Development Agreement (Attachment 2 to the Staff Report).
Section 4:
RECORDATION
Within ten (10) days after the Development Agreement is executed by the Mayor, the City Clerk
shall submit the Ordinance 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 ofthe 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.
2
PASSED AND ADOPTED BY the City Council of Dublin, on the 2nd day of November 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti, and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
~~
3
1..-
-~---.~-
. t ------___
P,EcORDlNG REQUESTED BY,
Chicago Title Company
AFTER RECORDING RETURN TO:
Crf; ~ !JJ«b(n...
100 C}lvì~ 'P(t:¡7JI.
!lJu. M,?-../ G, 7 Iff'( ¡
Escrow No. 9{2(;o;...-kV
~-
V
11//111//111//11/111111///111111 ~III/""I~/I'III ~I! 1//1 5 PGS
--
This .space for recorder s use only
COVER PAGE FOR:
(},Jrl<:-q!'t-ce... Cq/L(-e{J~r-
Titie of Document
fA, if.e (Of f.-.e ,J--
, ---
ffõ re e /¡AI¿"';-
RECEIVED
JAN 2 I 2005
DUBLIN PLANNING¡
C{( J{ ò~-/fP
"
e' .
~~;J%10llð~:}
, 1ft ~I~~\~
J<)~~82
~- ~ I/
(¡llrcÆ¥<....~
"
REC'D DEC 14 2004
CITY OF DUBLIN
100 CivIC Plaza, Dublin, California 94568
Website: http;/lwww.Ci.dublin.ca.us
******************************************************
I hereby certify under penalty of perjury that the
attached Ordinance No. 26 - 04, adopted by
the Dublin City Council on November 2, 2004,
is a true and accurate copy of said document
taken from the official files of the City of Dublin.
Date:
I ~.?/!¿}4
:fe-L
By:
Area Code (925) . City Managar 833-6650 . City Council 833·6650 . Personnel 833-6605 . EConomic Development 833·6650
Finance 833-6640 . Public Works/Engineering 833-6630 . Parks & Community ServiceS 833-6645 . Police 833·6670
Planning/Code Enforcement 833-6610 . Building Inspection 833-6620 . Fire Prevention Bureau 833-6606
Printed on Recycled Paper