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Home My WebLink AboutItem 4.09 Dev Agmts Annual Review CITY CLERK File # DITeI21mJ-m AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 4, 2007 SUBJECT: Annual Review of the following Development Agreements: Dublin Ranch Area A-H Dublin Ranch Supplemental DA - Areas F, G and H Toll, Dublin Ranch, Area A, Neighborhoods A6 & A 7 Toll, Dublin Ranch Area A, Neighborhood A-4 Toll, Dublin Ranch Area A, Neighborhood A-5 Transit Center - Master DA Fairway Ranch Fairway Ranch Senior Housing Component Fairway Ranch Multifamily Fairway Ranch Condominium Toll, Dublin Ranch Area A, Neighborhood A-2 Toll, Dublin Ranch Area A, Neighborhood A-3 AMB/Legacy Partners, West Dublin Transit Village Greenbriar Homes Communities - Phase III IKEA EAR, Transit Center Site A-2 Avalon Bay, Transit Center Site B Quarry Lane School Pulte, Dublin Ranch Area F Dublin RE Investors, LLC - Fallon Village Sorrento, Dublin Ranch Area F West Western Pacific Housing, Transit Center Site E-l Pfeiffer Ranch Investors, Silvera Ranch Lowe's Standard Pacific, Dublin Ranch F-l Report Prepared by Christina Rodgers, Administrative Aide 1) Resolution concluding the Annual Review of the Development Agreements (copies of the Development Agreements are available for review in the Community Development Department) RECOMMENDA TION:P' Receive staff presentation; and ATTACHMENT: COpy TO: Developers In-House Distribution File Page 1 of4 ITEMNO.~ J:\DevAgmts\2007\staffreport 07.doc 2) Adopt Resolution finding that the developers have complied in good faith with the terms and provisions of the following Development Agreements and conclude the Annual Review Period for: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA - Areas F, G and H; Toll, Dublin Ranch, Area A, Neighborhoods A6 & A 7; Toll, Dublin Ranch Area A, Neighborhood A-4; Toll, Dublin Ranch Area A, Neighborhood A-5; Transit Center - Master DA; Fairway Ranch; Fairway Ranch Senior Housing Component; Fairway Ranch Multifamily; Fairway Ranch Condominium; Toll, Dublin Ranch Area A, Neighborhood A-2; Toll, Dublin Ranch Area A, Neighborhood A-3; AMB/Legacy Partners, West Dublin Transit Village; Greenbriar Homes Communities - Phase III; lKEA; EAR, Transit Center Site A-2; Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC - Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-l; Pfeiffer Ranch Investors, Silvera Ranch; Lowe's; Standard Pacific, Dublin Ranch F-l FINANCIAL STATEMENT: The fiscal impacts of these projects were addressed as part ofa fiscal analysis performed for the approved projects. DESCRIPTION: The Annual Review of Development Agreements is required by State law and Chapter 8.56 of the City's Municipal Code. During the review period, occurring in July each year, the City Council has the opportunity to review the compliance of the parties of the Agreement and either: determine the parties are in compliance and conclude the review; or, ifthe City Council determines that parties have not complied in good faith, the City Council may modify or terminate the Agreement. The burden of proof of good faith compliance is on the developer. The various City Departments have reviewed the twenty-six Development Agreements, and comments were returned to the Planning Manager. Many of the larger improvements are either bonded or scheduled to be completed as the projects proceed. Staff has concluded that the developers for these 26 projects are proceeding in good faith with the terms of the Development Agreements. If any City Council member has concerns about the compliance of a particular developer, that Development Agreement will be set for a public hearing at a future City Council meeting. ANALYSIS: The following Development Agreements are due for annual review. Below is a brief summary of the state of compliance ofthe terms of the Development Agreements. "In compliance" indicates that the terms of the Development Agreement are being met and the project is either near completion or moving forward in a positive direction: · Dublin Ranch Area A-H - expires 6/29/2019 - in compliance . Dublin Ranch Supplemental DA - Areas F, G and H - expires 6/29/2019- in compliance . Toll, Dublin Ranch, Area A, Neighborhoods A6 & A 7 - expires 11/17/2008- in compliance . Toll, Dublin Ranch Area A, Neighborhood A-4 - expires 6/4/2008- in compliance · Toll, Dublin Ranch Area A, Neighborhood A-5 - expires 6/4/2008- in compliance Page 2 of 4 · Transit Center - Master DA - expires 6/13/2008- in compliance . Fairway Ranch - expires 8/15/2008- in compliance . Fairway Ranch Senior Housing Component - expires 8/15/2008- in compliance . Fairway Ranch Multifamily - expires 8/15/2008- in compliance . Fairway Ranch Condominium - expires 8/15/2008- in compliance . Toll, Dublin Ranch Area A, Neighborhood A-2 - expires 1/2/2009- in compliance . Toll, Dublin Ranch Area A, Neighborhood A-3 - expires 1/2/2009 --:- in compliance . AMB/Legacy Partners, West Dublin Transit Village, expires 6/4/2014- in compliance . Greenbriar Homes Communities - Phase III - expires 5/27/2009- in compliance · IKEA - Expires 5/6/2009- in compliance . EAR, Transit Center Site A-2 - expires 5/20/2009- in compliance . Avalon Bay, Transit Center Site B - expires 2/17/2010- in compliance . Quarry Lane School- expires 6/16/2010- in compliance . Pulte, Dublin Ranch Area F - expires 8/5/2010- in compliance · Dublin RE Investors, LLC - Fallon Village - expires 1/19/2011- in compliance · Sorrento, Dublin Ranch Area F West - expires 2/16/2011- in compliance · Western Pacific Housing, Transit Center Site E-l - expires 3/9/2011- in compliance . Pfeiffer Ranch Investors, Silvera Ranch - expires 6/9/2011- in compliance · Lowe's - expires 10/5/2011- in compliance · Standard Pacific, Dublin Ranch F-l- expires 11/2/2011- in compliance The following Development Agreements expired prior to this review period: . Opus (Creekside Business Park) - expired 5/13/2007 · Dublin Ranch Phase I - expired 6/4/2007 · Schaefer Heights - expired 12/31/2006 · Toll Dublin Ranch, Area A, Neighborhood A-I - expired 4/25/07 · Toll Dublin Ranch, Area G, Neighborhood H-l- expired 5/17/07 · Toll Dublin Ranch, Area G, Neighborhood H-2 - expired 5/17/07 · Toll Dublin Ranch, Area G, Neighborhood MH-l - expired 5/17/07 . Toll Dublin Ranch, Area G, Neighborhood MH-2 - expired 5/17/07 CONCLUSION: Staffhas determined that all of the Developers for the above mentioned Development Agreements have complied in good faith and/or are progressing toward full conformance with the terms and conditions of the Development Agreements during the past year. Staffwill continue monitoring the projects to assure that the Developers are continuing to move toward full compliance. Page 3 of 4 RECOMMENDATION: 1) Receive staff presentation; and 2) Adopt Resolution finding that the developers have complied in good faith with the terms and provisions of the following Development Agreements and conclude the Annual Review Period for: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA - Areas F, G and H; Toll, Dublin Ranch, Area A, Neighborhoods A6 & A 7; Toll, Dublin Ranch Area A, Neighborhood A-4; Toll, Dublin Ranch Area A, Neighborhood A-5; Transit Center - Master DA; Fairway Ranch; Fairway Ranch Senior Housing Component; Fairway Ranch Multifamily; Fairway Ranch Condominium; Toll, Dublin Ranch Area A, Neighborhood A-2; Toll, Dublin Ranch Area A, Neighborhood A-3; AMB/Legacy Partners, West Dublin Transit Village; Greenbriar Homes Communities - Phase III; lKEA; EAR, Transit Center Site A-2; Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC - Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E- 1; Pfeiffer Ranch Investors, Silvera Ranch; Lowe's; Standard Pacific, Dublin Ranch F-l Page 4 of 4 \'b \ RESOLUTION NO. XX - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS WHEREAS, the annual review of the Development Agreements is required by State law and Chapter 8.56 ofthe City's Municipal Code; and WHEREAS, during the review period, occurring in July of each year, the City Council has the opportunity to review the compliance of the parties of the Agreement and either determine the parties are in compliance and conclude the review or, ifthe City Council determines that parties have not complied in good faith, the City Council may set the item for a public hearing and modify or terminate the Agreement; and WHEREAS, the burden of proof of good faith compliance is on the developer; and WHEREAS, the appropriate City Departments have reviewed the following twenty-six (26) Development Agreements and comments were returned to the Planning Manager: Dublin Ranch Area A-H," Dublin Ranch Supplemental DA - Areas F, G and H; Toll, Dublin Ranch, Area A, Neighborhoods A6 & A7; Toll, Dublin Ranch Area A, Neighborhood A-4; Toll, Dublin Ranch Area A, Neighborhood A-5; Transit Center - Master DA; Fairway Ranch; Fairway Ranch Senior Housing Component; Fairway Ranch Multifamily; Fairway Ranch Condominium; Toll, Dublin Ranch Area A, Neighborhood A-2; Toll, Dublin Ranch Area A, Neighborhood A-3; AMB/Legacy Partners, West Dublin Transit Village; Greenbriar Homes Communities - Phase III; lKEA; EAH, Transit Center Site A-2; Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC - Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-l; Pfeiffer Ranch Investors, Silvera Ranch; Lowe's; Standard Pacific, Dublin Ranch F-l NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin has concluded the review period and determined that the developers for these twenty-six (26) projects are proceeding in good faith with the terms of the Development Agreements. PASSED, APPROVED AND ADOPTED this 4th day of September, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk q-4-D7 c..f.CJ J: IDevAgmts\2007107 resolution. doc - 1 - ATTACHMENT 1