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Home My WebLink About4.2 - 1148 2016 Development Agreement Review Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: September 20, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: 2016 Development Agreement Review Prepared by: Luke Sims, Community Development Director and Anastasia Nelson, Administrative Technician EXECUTIVE SUMMARY: The City Council will receive a report on the annual review of Development Agreements to ensure compliance with the terms and provisions of the Agreements pursuant to the California Government Code, Sections 65864 - 65869.5, and to Chapter 8.56 of the Dublin Municipal Code. STAFF RECOMMENDATION: Staff recommends that the City Council adopt the Resolution finding that 1) the developers having obligations under the following Development Agre ements have complied in good faith with the terms and provisions of the Agreements, and Supplemental Agreements as Amended, for the following projects: Brannigan Project, Dublin Crossings (Boulevard), Dublin Gateway Medical, Dublin Ranch Master Agreement (Areas A-H), Dublin Ranch Subarea 3 (Irongate), Dublin Ranch West (Wallis Ranch), Dublin Transit Center Master Agreement, Dublin Transit Center E -1 (Esprit), Heritage Park, Jordan Ranch, Moller Ranch, Schaefer Ranch South, and Sorrento East; and 2) conclude the Annual Development Agreement Review for 2016. FINANCIAL IMPACT: The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for each approved project. All financial obligations of the subject developers have been met pursuant to the terms provided in their respective Development Agreements. DESCRIPTION: An annual review of development agreements is required by California Government Code Section 65865.1 and Chapter 8.56 of the Dublin Municipal Code. During the Page 2 of 3 review period, occurring in July and August of each year, Staff reviews active, City Council approved, development agreements to ensure compliance with the terms and provisions of the individual agreements. The burden of demonstrating good faith compliance is on the respective developer and/or property owner. For each project subject to a development agreement, representatives of the Administrative Services, Community Development, Fire, Parks and Community Services, and Public Works departments complete a thorough assessment of the developer’s compliance with the requirements contained in the applicable agreement. The following active development agreements were due for the 2016 annual review. Based on Staff’s review, all required public improvements, payments, and scheduled financial obligations have been satisfied by each of the developers and property owners for the projects listed in the following table. Staff has concluded that the developers for the following projects are proceeding in good faith with the terms of the development agreements, and is therefore recommending that the report be accepted by the City Council and the annual review be concluded. No. Development Project Expiration Date Compliant 1. Brannigan Project 05/31/2017 Yes 2. Dublin Crossings (Boulevard) 11/19/2028 Yes 3. Dublin Gateway Medical 07/06/2017 Yes 4. Dublin Ranch Master Agreement (Areas A-H) 06/29/2019 Yes 5. Dublin Ranch Subarea 3 (Irongate) 04/04/2019 Yes 6. Dublin Ranch West (Wallis Ranch) 02/19/2024 Yes 7. Dublin Transit Center Master Agreement 06/13/2017 Yes 8. Dublin Transit Center E-1 (Esprit) 03/09/2018 Yes 9. Heritage Park 09/26/2019 Yes 10. Jordan Ranch 07/22/2020 Yes 11. Moller Ranch 02/15/2018 Yes 12. Schaefer Ranch South 11/18/2023 Yes 13. Sorrento East 10/31/2020 Yes Following the review, Staff presents the findings and recommends to the City Council to either: (1) determine that the parties are in compliance and conclude the review; or, (2) determine that the parties have not complied in good faith, in which case the City Council must request that the matter of compliance be considered at a noticed public hearing. At said public hearing the City Council may modify or terminate the Development Agreement upon making certain findings based on substantial evidence that the developer has not complied in good faith with the Agreement. NOTICING REQUIREMENTS/PUBLIC OUTREACH: No Public Noticing is required. Formal notification of the 2016 Development Agreement Annual Review was sent to the parties of the Development Agreements on July 5, 2016. Page 3 of 3 ATTACHMENTS: 1. 2016 Development Agreement Review Resolution RESOLUTION NO. XX-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******** 2016 DEVELOPMENT AGREEMENT REVIEW FINDING THAT THE DEVELOPERS HAVING OBLIGATIONS UNDER THE FOLLOWING DEVELOPMENT AGREEMENTS AND SUPPLEMENTAL AGREEMENTS AS AMENDED, HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND PROVISIONS OF THE AGREEMENTS FOR THE FOLLOWING PROJECTS: BRANNIGAN PROJECT, DUBLIN CROSSINGS (BOULEVARD), DUBLIN GATEWAY MEDICAL, DUBLIN RANCH MASTER AGREEMENT (AREAS A-H), DUBLIN RANCH SUBAREA 3 (IRONGATE), DUBLIN RANCH WEST (WALLIS RANCH), DUBLIN TRANSIT CENTER MASTER AGREEMENT, DUBLIN TRANSIT CENTER E-1 (ESPRIT), HERITAGE PARK, JORDAN RANCH, MOLLER RANCH, SCHAEFER RANCH SOUTH, AND SORRENTO EAST, AND CONCLUDE THE DEVELOPMENT AGREEMENT ANNUAL REVIEW FOR 2016. WHEREAS, the annual review of the City of Dublin’s Development Agreements is required by California Government Code Sections 65864 - 65869.5 and Chapter 8.56 of the Dublin Municipal Code; and WHEREAS, during the review period, occurring in July and August of each year, Staff reviews the development agreements to ensure compliance of 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; and 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 Supplemental Agreements as Amended and determined that the developers having obligations under to the Development Agreements have demonstrated good faith compliance with the terms of the Development Agreements: Brannigan Project, Dublin Crossings (Boulevard), Dublin Gateway Medical, Dublin Ranch Master Agreement (Areas A- H), Dublin Ranch Subarea 3 (Irongate), Dublin Ranch West (Wallis Ranch), Dublin Transit Center Master Agreement, Dublin Transit Center E-1 (Esprit), Heritage Park, Jordan Ranch, Moller Ranch, Schaefer Ranch South, and Sorrento East. PASSED, APPROVED AND ADOPTED this 20th day of September, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk