HomeMy WebLinkAboutItem 4.7 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.
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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.
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PASSED, APPROVED AND ADOPTED this 7th day of October, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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