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Home My WebLink About4.7 Development Agreement Review or nU,�� 19 82 STAFF REPORT CITY CLERK CITY COUNCIL File #600-60 DATE: October 7, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: 2014 Development Agreement Review Prepared by Lisa Hisatomi, Assistant Administrative Services Director/Budget EXECUTIVE SUMMARY: The City Council will receive a report on the City's annual review of Development Agreements to ensure compliance with the terms and provisions of the Agreements, pursuant to State Law and to Chapter 8.56 of the Dublin Municipal Code. FINANCIAL IMPACT: The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for each approved project. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution 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 2013 Annual Review for those Agreements: Dublin Crossing; Moller Ranch; Kingsmill (Crown Chevrolet Site); Dublin Ranch Area A-H; Dublin Ranch Supplemental Development Agreement for Areas F, G and H; AMB/Legacy Partners, West Dublin Transit Village; Western Pacific Housing, Transit Center Site E-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options Amended; Dublin Ranch Amendment to the Master Agreement; Schaefer Ranch South; Wallis Ranch; Dublin Ranch North; Jordan Ranch; Lennar Brannigan Project; Fallon Gateway/Target; Promenade; Avalon Bay, Site C; and Transit Center Master Development Agreement; and 2) conclude the Annual Development Agreement Review for 2014. ztr Submitted By \ Reviewed By Administrative Services Director Assistant City Manager Page 1 of 3 ITEM NO. 4.7 DESCRIPTION: Annual review of Development Agreements is required by State law and Chapter 8.56 of the Dublin Municipal Code. During the review period, occurring in July/August of each year, Staff reviews active development agreements to ensure compliance to the terms and provisions of the Agreements. The burden of demonstrating good faith compliance is on the developer. Following the review, Staff presents the findings and recommends to the City Council to either: 1) determine the parties are in compliance and conclude the review; or, 2) determine that the parties have not complied in good faith, and the City Council may modify or terminate the Agreement. Under Chapter 8.56.140 of the Zoning Ordinance, any Councilmember or Staff may request that the matter of compliance be considered at a 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. The following active Development Agreements were due for 2014 annual review. Various City Departments have reviewed the Development Agreements, and comments were returned to the Community Development Director. Based on Staff's review, many of the larger improvements are either bonded or scheduled to be completed as the projects proceed. Staff has concluded that the developers for following projects are proceeding in good faith with the terms of the Development Agreements. Development Agreement Expiration Date In Compliance? Dublin Crossing 12/19/2028 Yes Moller Ranch 02/15/2018 Yes Kingsmill (Crown Chevrolet Site) 01/17/2018 Yes Dublin Ranch Area A-H 06/29/2019 Yes Dublin Ranch Supplemental for Areas F, G and H 06/29/2019 Yes AMB/Legacy Partners, West Dublin Transit Village 12/03/2015 Yes Western Pacific Housing, Transit Center Site E-1 03/09/2018 Yes Gateway Medical Group/Triad 07/06/2017 Yes Sorrento East/SR Structured Lot Options Amended 10/13/2020 Yes Dublin Ranch Amendment to the Master Agreement 06/21/2020 Yes Schaefer Ranch South 11/18/2023 Yes Wallis Ranch 02/19/2024 Yes Dublin Ranch North 12/15/2014 Yes Jordan Ranch 06/22/2020 Yes Lennar Brannigan Project 05/31/2017 Yes Fallon Gateway/Target 10/21/2015 Yes Promenade 04/01/2016 Yes Avalon Bay, Site C 04/11/2016 Yes Transit Center Master Development Agreement 06/13/2015 Yes Page 2 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH: No Public Noticing is required. Formal notification of the 2014 annual review was sent to the parties of the Development Agreements on July 17, 2014. ATTACHMENTS: 1. Resolution Finding that the Developers Have Complied in Good Faith with the Terms and Provisions of the Development Agreements and Conclude the 2013 Annual Review for Those Agreements Page 3 of 3 RESOLUTION NO. XX— 14 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 2013 ANNUAL REVIEW FOR THOSE AGREEMENTS: DUBLIN CROSSING; MOLLER RANCH; KINGSMILL (CROWN CHEVROLET SITE); DUBLIN RANCH AREA A-H; DUBLIN RANCH SUPPLEMENTAL DEVELOPMENT AGREEMENT FOR AREAS F, G AND H; AMB/LEGACY PARTNERS, WEST DUBLIN TRANSIT VILLAGE; WESTERN PACIFIC HOUSING, TRANSIT CENTER SITE E-1; GATEWAY MEDICAL GROUP/TRIAD; SORRENTO EAST/SR STRUCTURED LOT OPTIONS AMENDED; DUBLIN RANCH AMENDMENT TO THE MASTER AGREEMENT; SCHAEFER RANCH SOUTH; WALLIS RANCH; DUBLIN RANCH NORTH; JORDAN RANCH; LENNAR BRANNIGAN PROJECT; FALLON GATEWAY/TARGET; PROMENADE; AVALON BAY, SITE C; AND TRANSIT CENTER MASTER DEVELOPMENT AGREEMENT. WHEREAS, the annual review of the City of Dublin's Development Agreements is required by State law and Chapter 8.56 of the Dublin 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 and provisions of the Agreements; 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: WHEREAS, following that review, Staff presents and 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 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 Crossing; Moller Ranch; Kingsmill (Crown Chevrolet Site); Dublin Ranch Area A-H; Dublin Ranch Supplemental Development Agreement for Areas F, G and H; AMB/Legacy Partners, West Dublin Transit Village; Western Pacific Housing, Transit Center Site E-1; Gateway Medical Group/Triad- Sorrento East/SR Structured Lot Options Amended; Dublin Ranch Amendment to the Master Agreement; Schaefer Ranch South; Wallis Ranch; Dublin Ranch North; Jordan Ranch; Lennar Brannigan Project; Fallon Gateway/Target; Promenade; Avalon Bay, Site C; and Transit Center Master Development Agreement. - 1 - PASSED, APPROVED AND ADOPTED this 7th day of October, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk - 2 -