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HomeMy WebLinkAboutPC Reso 14-13 Prologis DA Extension RESOLUTION NO. 14-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE 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 WHEREAS, Prologis, Inc., has submitted 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 WHEREAS, 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 WHEREAS, 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 WHEREAS, 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 WHEREAS, the proposed Development Agreement Amendment is attached to this Resolution as Exhibit A-1; and WHEREAS, on March 25, 2014, the Planning Commission held a public hearing on the proposed Development Agreement Amendment; and WHEREAS, proper notice of the 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 adopt an Ordinance approving the Development Agreement Amendment; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council make the following findings and determinations regarding the proposed Development Agreement: 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. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance, included as Exhibit A, 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. PASSED, APPROVED AND ADOPTED this 25th day of March 2014. AYES: Goel, Do, O'Keefe, Kohli NOES: ABSENT: Chair Bhuthimethee ABSTAIN: Planni g Commission Chairperson ATTEST: 1 r p-Assistant Community Development Director G.PA#120141PLPA-2014-00006 Prologis DA extension103.25.14 PC hearinglAtt 3-PC Reso DA.docx 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