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HomeMy WebLinkAboutItem 4.3 - 2160 2018 Development Agreement Review Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: 2018 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 obligations of the subje ct 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 Page 2 of 2 contained in the applicable agreement. The following active Development Agreements were due for the 2018 annual review. Based on Staff’s review, all required public improvem ents, 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 Ranch Master Agreement (Areas A-H) 06/29/2019 Yes 3. Dublin Ranch Subarea 3 (Irongate) 04/04/2019 Yes 4. Dublin Ranch West (Wallis Ranch) 02/19/2024 Yes 5. Jordan Ranch 07/22/2020 Yes 6. Kaiser Dublin Medical Center 11/04/2041 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 th e 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 2018 Development Agreement Annual Review was sent to the parties of the Development Agreements on July 10, 2018. ATTACHMENTS: 1. Resolution 2018 Development Agreement Review ATTACHMENT 1 RESOLUTION NO. XX - 18 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, 2018, the following projects have active Development Agreements with the City of Dublin: Dublin Crossings (Boulevard), Dublin Ranch Master Agreement (Areas A-H), Dublin Ranch Subarea 3 (Irongate), Dublin Ranch West (Wallis Ranch), Jordan 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 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 18th day of September, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTACHMENT 1 ______________________________ Mayor ATTEST: _________________________________ City Clerk