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HomeMy WebLinkAboutOrd 08-97 DA Opus Business Park ORDINANCE NO. 8 - 97 AN ORDINANCE OF THE CITY OF DUBLIN APPROVING THE DEVELOPMENT AGREEMENT FOR PA 96-020, OPUS BUSINESS PARK PROJECT THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Opus Business Park Project (PA96-020) 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 Map and Eastern Dublin Specific Plan Land Use Map as "IND/CO". B. A Program Environmental Impact Report ("EIR") was prepared for the Specific Plan and the Eastern Dublin General Plan Amendment and certified by the City Council by Resolution No. 51-93. 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. The Surplus Property Authority of the County of Alameda have filed an application requesting approval of a development agreement for the Opus Business Park Project. E. A Development Agreement between the City of Dublin and the Surplus Property Authority of the County of Alameda ("Development Agreement") has been presented to the City Council, a copy of which is attached hereto as Attachment 1. F. A public hearing on the Proposed Development Agreement was held before the Planning commission on February 11, 1997, for which public notice was given as provided by law. G. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement, which recommendation includes the Planning Commission's determinations with respect to the matters set forth in Section 8.12.080 of the Dublin Municipal Code. H. A public heating on the proposed Development Agreement was held before the City Council on March 4, 1997, for which public notice was given as provided by law. J. The City Council has considered the recommendation of the Planning Commission (Planning Commission Resolution 97-06), including the Planning Commission's reasons for its recommendation, the Agenda Statement, ail comments received in writing and all testimony received at the public hearing. K. Pursuant to the Caiifomia Environmentai Quality Act, the City prepared a Mitigated negative Declaration for the Opus Business Park Project, including the Development Agreement, and the City Council has adopted a Resolution approving the Mitigated negative Declaration. The Mitigated Negative Declaration included a Matrix showing how the project complies with the Specific Plan's programs and the mitigation measures contained in the EIR Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitais which are incorporated herein, (b) the City of Dublin's General Plan, (c) the Eastern Dublin Generai Plan Amendment, (d) the Specific Plan, (e) the EIR, (f) the Mitigated Negative Declaration (g) the Agenda Statement, 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, generai land 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 designation for the site is Industrial/Campus Office (IND/CO) and the proposed project is a business park consistent with that land use, (b) the project is consistent with the fiscai policies of the Generai 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, reimbursement for oversizing infrastructure 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 reai property is located in that the project approvals include a Planned Development Rezoning adopted specifically for the Opus Business Park Project. 3. The Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the Opus Business Park Project will implement land use guidelines set forth in the Specific Plan and the Generai Plan which have planned for industrial and office uses at this location. 4. The Development Agreement will not be detrimentai to the health, safety and generai welfare in that the project will proceed in accordance with the Mitigation Monitoring program for the project prepared by Staff and will comply with ail programs and policies of the Specific Plan. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property vaiues in that the project will be consistent with the General Plan and with the Specific Plan. 2 Section 3. APPROVAL The City Council hereby approves the Development Agreement (Attachment 1) and authorizes the Mayor to sign it. Section 4. RECORDATION Within ten (10) days after the Development Agreemem is executed by the Mayor, 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 fi.om 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 18th day of March, 1997, by the following votes: AYES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST:~F'/~J ~/ (,.} MAYOR OSPA96-020~DAORD K2/G/3 - 18 -97/ord-opus.doc 3