HomeMy WebLinkAboutItem 4.2 - 3366 2020 Development Agreement Review
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STAFF REPORT
CITY COUNCIL
DATE: September 15, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
2020 Development Agreement Annual Review
Prepared by: Jeff Baker, 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 obligations 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. Staff from the Administrative Services, Community
Development, Fire Prevention, 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 agreements.
Following the review, Staff presents the findings and recommends to the City Council to
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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.
The following active Development Agreements, identified in Table 1 below, were subject
to the 2020 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. Staff concluded that each of the developers/owners
are proceeding in good faith with the terms of their Development Agreement, and is
therefore recommending that the report be accepted by the City Council and the annual
review be concluded.
Table 1: Active Development Agreements
No. Development Project Expiration Date Compliant
1. Ashton at Dublin Station 08/16/2023 Yes
2. Dublin Crossings (Boulevard) 12/20/2033 Yes
3. Dublin Ranch West (Wallis Ranch) 02/19/2024 Yes
4. Kaiser Dublin Medical Center 11/04/2041 Yes
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
No public notice is required. However, a formal notification of the 2020 Development
Agreement Annual Review was sent to the parties of the Development Agreements.
ATTACHMENTS:
1. Resolution Finding Developers Having Obligations Under Active Development
Agreements and Supplemental Agreements as Amended Have Complied in Good Faith
with Terms and Provisions of the Agreements
Reso No. XX-2020, Item X.X, Adopted 09/15/20 Page 1 of 1
RESOLUTION NO. XX - 20
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 July 1, 2020, the following projects have active Development
Agreements with the City of Dublin: Ashton at Dublin Station, Dublin Crossings (Boulevard),
Dublin Ranch West (Wallis Ranch), and Kaiser Dublin Medical Center; 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 confirmed that the developers are in compliance with the terms
of the Agreements; and
WHEREAS, Staff presents the review and recommends that the City Council determine
the parties are in compliance and conclude the review.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council concludes its
review of the above referenced active Development Agreements and Supplemental Agreements
as Amended, and determines 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 15th day of September 2020, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
City Clerk