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Home My WebLink About4.02 Annual Review Dev Agreements OYDp v�a� 8 STAFF REPORT CITY CLERK • CITY COUNCIL File #600-60 DATE: , September 18, 2012 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo; City Manager(""clot-- r� t 4,�1 SUBJECT: Annual Review of the following Development Agreements: Dublin Ranch Area A- H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners, West Dublin Transit Village; Stockbridge/BHV Emerald Place — Green on Park Place; Western Pacific Housing, Transit Center Site E-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon Crossings); Schaefer Ranch South; Wallis Ranch; Transit Center, Master DA; Springfield Montessori; Dublin Ranch North; Sorrento East/SR Structured Amended; Jordan Ranch; Fallon Gateway/Target; Promenade; and Avalon Bay, Site C Prepared by Gaylene Burkett, Administrative Analyst 11 - EXECUTIVE SUMMARY: • Staff has determined that, in regards to compliance with the above mentioned Development Agreements, all Developers have complied in good faith and/or are progressing toward full conformance with the terms and conditions of the Development Agreements during the past year. Staff will continue monitoring all of the projects to assure that the Developers are moving towards full compliance. FINANCIAL IMPACT: The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for the approved projects. RECOMMENDATION: Staff recommends that the City Council adopt Resolution finding that: 1) the following developers have complied in good faith with the terms and provisions of the following Development Agreements: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, . G and H; AMB/Legacy Partners, West Dublin Transit Village; Stockbridge/BHV Emerald Place — Green on Park Place; Western Pacific Housing, Transit Center Site E-1; Gateway. Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon Crossings); Schaefer Ranch South; Wallis Ranch; Transit Center, Master DA; Springfield Montessori; Dublin Ranch North; • Sorrento East/SR Structured Amended; Jordan Ranch; Fallon Gateway/Target; Promenade; and Avalon Bay, Site C; and 2) conclude the Annual Review Period for 2012 for the Development Agreements. Page 1 of 3 ITEM NO. 4.2 r . ) � . C fir , • Submitted By Reviewed By Acting Community Development Assistant City Manager Director DESCRIPTION: 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, which occurs in July/August of each year, Staff reviews the development agreements to ensure compliance to the terms of the Agreements. Following that review, Staff recommends to the City Council to either determine the parties are in compliance and conclude the review or determine that the parties have not complied in good faith, at which point the City Council may modify or terminate the Agreement. The burden of demonstrating good faith compliance is on the developer. Under Chapter 8.56.140 of the Zoning Ordinance, any Councilmember or Staff may request that the matter of compliance be considered at a separate public hearing. Such a public hearing is required prior to the City Council making a finding that a developer has not complied in good faith with the . Agreement and modifying or terminating the Agreement. City Departments have reviewed the active 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 projects are proceeding in good faith with the terms of the Development • Agreements. ANALYSIS: The following Development Agreements were due for annual review. 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: • Dublin Ranch Area A-H, expires 6/29/2019 — In compliance • Dublin Ranch Supplemental Development Agreement, Areas F, G and H, expires 6/29/2019 — In compliance • AMB/Legacy Partners, West Dublin Transit Village, expires 6/4/2014 — In compliance • Stockbridge/BHV Emerald Place — Green on Park Place, expires 11/18/2013 — In compliance • Western Pacific Housing, Transit Center Site E-1 , expires 3/9/2018 — In compliance • Gateway Medical Group/Triad, expires 7/5/2017 — In compliance -• Sorrento East/SR Structured Lot Options, including Amendment, expires 10/13/2020 — In • compliance • Grafton Station, expires 9/20/2012 — In compliance Page 2 of 3 • • Dublin Ranch Amendment to the Master Agreement, expires 6/21/2020 — In compliance • • Standard Pacific (Fallon Crossings) — expires 11/18/2013 — In compliance • Schaefer Ranch South — expires 11/18/2023 — In compliance • Transit Center, Master Development Agreement, expires 6/13/2013 — In compliance • Wallis Ranch — expires 2/19/2024 — In compliance • Springfield Montessori — expires 6/3/2014 — In compliance • Dublin Ranch North — expires 12/15/14 — In compliance • Jordan Ranch — expires 6/22/20 — In compliance • Fallon Gateway/Target — expires 10/21/15 — In compliance • • Promenade — expires 4/1/16 — in compliance • Avalon Bay, Site C — expires 4/11/16 — in compliance NOTICING REQUIREMENTS/PUBLIC OUTREACH: On July 3, 2012, formal notification of the annual review period was sent to the parties of the Development Agreements. • • ATTACHMENTS: 1 . Resolution finding that the following developers having obligations under the following Development Agreements have complied in good faith with the terms and provisions of those Agreements and concluding the 2012 annual review for those agreements: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners, West Dublin Transit Village; Stockbridge/BHV _ Emerald Place — Green on Park Place; Western Pacific Housing, Transit Center Site E-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon Crossings); Schaefer Ranch South; Wallis Ranch; Transit Center, Master DA; Springfield Montessori; Dublin Ranch North; Sorrento East/SR Structured Amended; Jordan Ranch; Fallon Gateway/Target; Promenade; and Avalon Bay, Site C • • Page3of3 RESOLUTION NO. XX – 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * FINDING THAT THE DEVELOPERS HAVING OBLIGATIONS UNDER THE FOLLOWING DEVELOPMENT AGREEMENTS HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND PROVISIONS OF THOSE AGREEMENTS AND CONCLUDING THE 2012 ANNUAL REVIEW FOR THOSE AGREEMENTS: DUBLIN RANCH AREA A-H; DUBLIN RANCH SUPPLEMENTAL DA, AREAS F, G AND H; AMB/LEGACY PARTNERS, WEST DUBLIN TRANSIT VILLAGE; STOCKBRIDGE/BHV EMERALD PLACE – GREEN ON PARK PLACE; WESTERN PACIFIC HOUSING, TRANSIT CENTER SITE E-1; GATEWAY MEDICAL GROUP/TRIAD; SORRENTO EAST/SR STRUCTURED LOT OPTIONS; GRAFTON STATION; DUBLIN RANCH AMENDMENT TO THE MASTER AGREEMENT; STANDARD PACIFIC (FALLON CROSSINGS); SCHAEFER RANCH SOUTH; WALLIS RANCH; TRANSIT CENTER, MASTER DA; SPRINGFIELD MONTESSORI; DUBLIN RANCH NORTH; SORRENTO EAST/SR STRUCTURED AMENDED; JORDAN RANCH; FALLON GATEWAY/TARGET; PROMENADE; AND AVALON BAY, SITE C. WHEREAS , the annual review of the City of Dublin’s Development Agreements is required by State law and Chapter 8.56 of the City’s Municipal Code; and WHEREAS , during the review period, occurring in July/August of each year, Staff reviews the development agreements to ensure compliance to the terms of the Agreements; and WHEREAS, following that review, Staff recommends to the City Council to either: determine the parties are in compliance and conclude the review; or, determine that the parties have not complied in good faith, then the City Council may modify or terminate the Agreement; and WHEREAS , the burden of demonstrating good faith compliance with the agreement is on the developer; and WHEREAS , the appropriate City Departments have reviewed the following Development Agreements and comments were returned to the Community Development Director: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has concluded its review of the above referenced Development Agreements and determined that the Developers having obligations under to those Development Agreements have demonstrated good faith compliance with the terms of the Development Agreements: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners, West Dublin Transit Village; Stockbridge/BHV Emerald Place – Green on Park Place; Western Pacific Housing, Transit Center Site E-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon Crossings); Schaefer Ranch South; Wallis Ranch; Transit Center, Master DA; Springfield Montessori; Dublin Ranch North; Sorrento East/SR Structured Amended; Jordan Ranch; Fallon Gateway/Target; Promenade; and Avalon Bay, Site C. - 1 - th PASSED, APPROVED AND ADOPTED this 18 day of September, 2012, by the following vote: AYES : NOES : ABSENT : ABSTAIN : ________________________________________ Mayor ATTEST : _______________________________________ City Clerk - 2 -