HomeMy WebLinkAboutItem 4.4 - 1581 2017 Development Agreement Review
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STAFF REPORT
CITY COUNCIL
DATE: September 19, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
2017 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 active 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:
Adopt the Resolution Finding that Developers Having Obligations Under Active
Development Agreements and Supplemental Agreements as Amended, Have Complied
in Good Faith with the Terms and Provisions of the Agreements.
FINANCIAL IMPACT:
The fiscal impacts of these projects were addressed as part of a fiscal analysis
performed for each approved project. All financial obligatio ns of the subject developers
have been met pursuant to the terms provided in their respective Development
Agreements.
DESCRIPTION:
An annual review of active Development Agreements is required by California
Government Code Section 65865.1 and Chapter 8.56 of the Dublin Municipal Code.
During the review period, occurring in July and August of each year, Staff reviews each
active Development Agreement to ensure compliance with the terms and provisions of
the Agreement. 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 and detailed assessment of the developer’s compliance with the requirements
contained in the applicable agreement.
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The following active Development Agreements were due for the 2017 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. Dublin Crossings (Boulevard) 11/19/2028 Yes
2. Dublin Gateway Medical 07/06/2018 Yes
3. Dublin Ranch Master Agreement (Areas A-H) 06/29/2019 Yes
4. Dublin Ranch Subarea 3 (Irongate) 04/04/2019 Yes
5. Dublin Ranch West (Wallis Ranch) 02/19/2024 Yes
6. Dublin Transit Center Master Agreement 06/13/2018 Yes
7. Jordan Ranch 07/22/2020 Yes
8. Kaiser Dublin Medical Center 11/04/2041 Yes
9. Moller Ranch (Tassajara Hills) 02/15/2018 Yes
10. Schaefer Ranch South 11/18/2023 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 2017 Development Agreement
Annual Review was sent to the parties of the Development Agreements on July 13,
2017.
ATTACHMENTS:
1. Resolution Finding Developers Having Obligations Under Active Development
Agreement and Supplemental Agreements as Amended, Have Complied in Good Faith
with Terms and Provisions of the Agreement
ATTACHMENT 1
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
FINDING THAT DEVELOPERS HAVING OBLIGATIONS UNDER ACTIVE DEVELOPMENT
AGREEMENTS AND SUPPLEMENTAL AGREEMENTS AS AMENDED, HAVE COMPLIED IN
GOOD FAITH WITH THE TERMS AND PROVISIONS OF THE AGREEMENTS
WHEREAS, as of June 30, 2017, the following projects have active Development
Agreements with the City of Dublin: 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, Jordan Ranch, Kaiser
Dublin Medical Center, Moller Ranch (Tassajara Hills), and Schaefer Ranch South ; and
WHEREAS, the annual review of active 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 Agreements
rests with the Developers; and
WHEREAS, the appropriate City Departments have reviewed each of the active
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 active Development Agreements and Supplemental
Agreements as Amended, and determined that the Developers having obligations under said
Agreements have complied in good faith with the terms and provisions of the Agreements.
PASSED, APPROVED AND ADOPTED this 19th day of September, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTACHMENT 1
______________________________
Mayor
ATTEST:
_________________________________
City Clerk