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Home My WebLink About8.3 DA Annual ReviewAGENDA STATEMENT CITY COUNCIL MEETING DATE: October 1, 2002 SUBJECT: Annual Review of Development Agreements: Santa Rita Commercial Center (Tri-Valley Crossings/Homart) Opus Creekside Business Park Villas at Santa Rita Summerglen Jefferson at Dublin Emerald Pointe Casterson Property (Tassajara Meadows I) Dublin Ranch Area A-H Dublin Ranch Phase I General Motors Koll Development Micro Dental Tassajara Meadows 11 Dublin Ranch — Supplemental Areas F, G & H Toll Brothers Area 4 Greenbriar Homes Communities — Phase I SPCA Schaefer Heights Sybase Emerald Glen Village Center (Waterford) Commerce One Greenbriar Homes Communities — Phase II Dublin Ranch Area A, Neighborhoods A & A7 (Report Prepared by Eddie Peabody Jr., Community Development Director) ATTACHMENTS: None (copies of the Development Agreements are available for review in the Community Development Department) RECOMMENDATION: By motion, find that the developers have complied in good faith with the terms and provisions of the following Development Agreements and conclude the Annual Review Period for: Santa Rita Commercial Center; Opus Creekside Business Park; Villa's at Santa Rita; Summerglen; Jefferson at Dublin; Emerald Pointe; Casterson Property (Tassajara Meadows I), Dublin Ranch Area A- H; Dublin Ranch Phase 1; General Motors; Koll Development; Micro Dental; Tassajara Meadows 11; Dublin Ranch — Supplemental Areas F, G & H; Toll Brothers Area 4; / ------------------------------------------------------------------------------------------------------------- COPIES TO: Each Developer listed above oG ITEM NO. Greenbriar Homes Communities - Phase h SPCA; Schaefer Heights; Sybase; EmeraldGlen Village Center (Waterford); Commerce One; Greenbriar Homes Communities - Phase II; Dublin Ranch Area A, Neighborhoods A6 & A 7 FINANCIAL STATEMENT: The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for the approved projects. BACKGROUND: The Annual Review of Development Agreements is required by State law and Chapter 8.56 of the City's Municipal Code. During the review period the City Council has the opportunity to review the compliance of the parties of the Agreement and either determine the parties are in compliance and conclude the review; or, if the City Council determines that parties have not complied in good faith, the City Council may modify or terminate the Agreement. The burden of proof of good faith compliance is on the developer. The various City Departments have reviewed the twenty-three Development Agreements, and comments were returned to the Community Development Director. Many of the larger improvements are either bonded or scheduled to be completed as the projects proceed. Staff has concluded that the developers for these 23 projects are proceeding in good faith with the terms of the Development Agreements. If any Council member has concems about the compliance of a particular developer, that Development Agreement will be set for a public hearing at a future City Council meeting. Analysis: The following Development Agreements are due for annual review at this time. Below is a brief summary of the state of compliance of the terms of the Development Agreements. "In compliance" indicates that the terms of the Development Agreement are being met and the project is either near completion or moving forward in a positive direction: Santa Rita Cor~mercial Center (formally known at Homart, now known as Haciend~ Crossings Retail/Entertainment Commercial Center) Expires 1/2005 - In compliance - The City is working with the developer to finish up the final items such as the right turn lanes and the landscaping along the freeway. Opus Creekside Business Park Expires 5/2007 - In compliance Villas at Santa Rita - Expires 10/2002 - In compliance - With the exception of one right mm lane at northbound Hacienda Drive to eastbound Central Parkway that can be constructed when determined it is warranted by the Public Works Director, this project is complete. A deferred improvement agreement will be considered. Summerglen- Expires 5/2003 - In compliance defferson at Dublin - Expires 6/2003 - In compliance Emerald Pointe - Expires 10/2003 - In compliance - Casterson Property (known as Tassajara Meadows I)- Expires 1/2004 - In compliance - The improvements of Tassajara Road are complete. Dublin Ranch Area A-H- Expires 6/2019 - In compliance Dublin Ranch Phase I- Expires 6/2007- In compliance General Motors - Expires 6/2004 - In compliance - All improvements have been bonded, but are not fully complete. The landscaping issues will be completed when the vacant parcel is developed. Koll Development -'Expires 6/2004 - In compliance - Property has been sold. Landscaping items were bonded for completion Micro Dental - Expires 6/2004 - In compliance - All items have been completed and separate funding agreements for Tassajara I-580 interchange improvements have been signed. Tassajara Meadows Ii- Expires 6/2004 - In compliance - All improvements have been bonded or in the process of construction, but are not fully complete. Dublin Ranch - Supplemental Areas F, G & Ii- Expires 4/2005 - In compliance Toll Brothers Area 4 - Expires 6/2004 - In compliance Greenbriar Homes Communities, Phase I- Expires 3/2006 - In compliance. Agreements for trail issues being secured. SPCA - Expires 8/2005B - In compliance Schaefer Heights - Expires 12/2006 - Per the Developer, they are in the process and close to obtaining concurrence from the various state and federal agencies with regard to an acceptable development. Schaefer Heights does plan to apply for an amended Land Use Plan in accordance with the Development Agreement. Sybase - Expires 8/2005 - All Sybase conditions have been completed. The County will be responsible for the remaining conditions concerning intersection improvements, off-ramp improvements and the additional left turn lane at the westbound approach to Pimlico Drive. Also, light standards will have to be removed by the County, due to too many luminaries in the intersection of Central Parkway and Hacienda Drive. Emerald Glen Village Center (Waterford) -Expires 11/2005- In compliance Commerce One - Expires 11/2006 - This Development Agreement was assigned to Alameda County Surplus Property Authority in 2001. The County will work with a new Developer regarding issues in the Development Agreement. Greenbriar Homes Communities, Phase II- Expires 8/2006 - In compliance Dublin Ranch Area A, Neighborhoods A6 & A 7- Expires 7/2006 - In compliance Conclusion: Staff has determined that all of the Developers for the above mentioned Development Agreements have complied in good faith and/or progressing toward full conformance with the terms and conditions of the Development Agreements during the past year. Staff will continue monitoring the projects to assure that the Developers are continuing to move toward full compliance. RECOMMENDATION: Staff recommends that the City Council, by motion, make a determination that the developers of the twenty three (23) Development Agreements Santa Rita Commercial Center; Opus Creekside Business Park; Villa's at Santa Rita; Summerglen; Jefferson at Dublin; Emerald Pointe; Casterson Property (Tassajara Meadows I), Dublin Ranch Area A-H; Dublin Ranch Phase I; General Motors; Koll Development; Micro Dental; Tassajara Meadows II; Dublin Ranch - Supplemental Areas F, G & H, Toll Brothers Area 4; Greenbriar Homes Communities - Phase I and Phase II; SPCA; Schaejer Heights, Sybase, Emerald Glen Village Center (Waterford); Commerce One; and Dublin Ranch Area A, Neighborhoods' A6 & A 7 have complied in good faith with the terms and conditions of the Agreements during the past year and conclude the period of review. GSDevagmt\02 da sr