HomeMy WebLinkAboutPC Reso04-58 PA 00-015 Cancel Comrce One DA
RESOLUTION NO. 04- 58
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
CANCELLING THE DEVELOPMENT
AGREEMENT FOR P A 00-015 COMMERCE ONE HEADQUARTERS
WHEREAS, the Commerce One Project was approved by the City Council in 2001; and
WHEREAS, the City of Dublin, Alameda County Surplus Property Authority, the
property owner, and Commerce One, have an approved Development Agreement for the 27.4
acre property located at APN# 986-005-026 within the Eastern Dublin Specific Plan area; and
WHEREAS, a Development Agreement is required as an implementing measure of the
Eastern Dublin Specific Plan; and
WHEREAS, subsequent to the approval ofthe Commerce One Project, the Applicant
made a decision to not go forward with the development project; and
WHEREAS, the property owner and a new developer, Ikea submitted an application for
a different project on the same site; and
WHEREAS, in March, 2004, the City of Dublin approved the Ikea Project which
included a Development Agreement for the project; and
WHEREAS, there are currently two development agreement for two separate projects on
the same site; and
WHEREAS, the Development Agreement for the Ikea Project includes all of the
requirements necessary to build the project in conformance with the Eastern Dublin Specific Plan
and General Plan policies; and
WHEREAS, the process for canceling a development agreement is the same process as
for adopting a development agreement; and
WHEREAS, the Planning Commission did hold a public hearing on this item on
September 28, 2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, the Staff Report was submitted recommending that the Planning
Commission recommend that the City Council approve the cancellation of the Commerce One
Development Agreement; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations and testimony hereinabove set forth.
NOW THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby make the following findings and determinations regarding said proposed
Development Agreement:
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that, the project is no longer active and another project has been approved in its place.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; and
5. Cancellation of said Agreement will not adversely affect the orderly development
of the 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 of
this ont:.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning
Commission does hereby recommend that the City Council approve the Cancellation of the
Development Agreement between the Alameda County Surplus Property Authority, Commerce
One and the City of Dublin for PA 00-015, Commerce One Corporate Headquarters facility.
PASSED, APPROVED AND ADOPTED this 28th day of September 2004.
AYES:
Cm. Fasulkey, Nassar, Jennings, King, and Machtmes
NOES:
ABSENT:
ABSTAIN:
ATTEST: /7
Pla~
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