HomeMy WebLinkAbout8.1 Att 3 Exh A CC Ord approving DA Extension ORDINANCE NO. xx - 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DUBLIN AND PROLOGIS, INC. TO ALLOW FOR AN EIGHTEEN MONTH TIME
EXTENSION WITH CONDITIONS
PLPA-2014-00006
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. Prologis, Inc. has made a request for a time extension to the existing Development
Agreement ("Amendment No. 1 to Development Agreement between the City of Dublin and
Prologis, Inc (formerly known as AMB Property Corporation") for the project known as the West
Dublin Transit Village), which is located at 6700 Golden Gate Drive (APN 941-1500-04-04); and
B. The existing Development Agreement vested the Site Development Review and
Tentative Map approvals that were granted in 2004 for a ten year period and will expire on June
3, 2014 unless extended before that time; and
C. The Developer requested an extension and City Staff supports three consecutive
six month extensions (eighteen months total) assuming that certain conditions can be met; and
D. On April 20, 2004, the City Council adopted Resolution 67-04, adopting a
Mitigated Negative Declaration (MND) and Mitigation Monitoring Program for the AMB
Properties Transit Village Project (PA 02-003). Approval of the Development Agreement was an
action covered by the MND and therefore an extension to the time period that the Development
Agreement is effective does not require additional environmental review; and
E. The Planning Commission held a public hearing on the proposed Development
Agreement Amendment on March 25, 2014 for which public notice was given by law; and
F. The Planning Commission made its recommendation to the City Council for
approval of the Development Agreement Amendment by Resolution.
G. A public hearing on the proposed Development Agreement Amendment was held
before the City Council on , 2014 for which public notice was given as provided by
law.
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.
EXHIBIT A TO
ATTACHMENT 3
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 Staff Report; and on the basis of the specific conclusions
set forth below, the City Council finds and determines that:
1. The proposed Development Agreement Amendment is consistent with the
objectives, policies, general land uses and programs specified in the General Plan and
Downtown Dublin Specific Plan in that: a) the General Plan and Downtown Dublin Specific Plan
land use designation for the subject site is Downtown Dublin — Transit Oriented District and is
consistent with those designations; and b) the project is consistent with the fiscal policies in
relation to provision of infrastructure and public services of the City's Downtown Dublin Specific
Plan/General Plan.
2. The proposed Development Agreement Amendment is compatible with the uses
authorized in, and the regulations prescribed for, the land use districts in which the real property
is located.
3. The proposed Development Agreement Amendment is in conformity with public
convenience, general welfare, and good land use practice in that the Applicant's proposed
project will implement land use guidelines that were in place at the time the project was
approved.
4. The proposed Development Agreement Amendment will not be detrimental to the
health, safety, and general welfare in that the development will proceed in accordance with the
General Plan, Downtown Dublin Specific Plan, Project Approvals, and any Conditions of
Approval for the proposed project.
5. The proposed Development Agreement Amendment will not adversely affect the
orderly development of the property or the preservation of property values in that the
development will be consistent with the City of Dublin General Plan, Downtown Dublin Specific
Plan, and future Project Approvals.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement Amendment (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.
2
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of
, 2014 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
3