HomeMy WebLinkAboutItem 4.03 Development Agreements Review or nU,��
19 82 STAFF REPORT CITY CLERK
CITY COUNCIL File #600-60
DATE: September 15, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: 2015 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.
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.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution finding that 1) the developers
having obligations under the following Development Agreements 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, Dublin Ranch Areas A-H, Dublin
Ranch Subarea 3 (Irongate), Dublin Ranch West (Wallis Ranch), Dublin Transit Center Master
Agreement, Dublin Transit Center C-1 & C-2 (Dublin Station), Dublin Transit Center E-1 (Esprit),
Fallon Gateway Shopping Center / Target Stores, Gateway Medical Complex / Triad, Heritage
Park, Jordan Ranch, Moller Ranch, Promenade Commercial Mixed-Use Project, Schaefer
Ranch South, and Sorrento East; and 2) conclude the Annual Development Agreement Review
for 2015.
Submitted By 'Reviewed By
Community Development Director Assistant City Manager
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 July and August of
Page 1 of 3 ITEM NO. 4.3
each year, Staff reviews each Development Agreement 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 Development Agreements are currently in effect, and are due for the 2015 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:
No. Development Project Expiration Date In Compliance?
1. Brannigan Project 05/31/2017 Yes
2. Dublin Crossings 11/19/2028 Yes
3. Dublin Ranch 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 06/13/2016 Yes
Dublin Transit Center C-1 & C-2 (Dublin
7. Station) 04/11/2016 Yes
8. Dublin Transit Center E-1 (Esprit) 03/09/2018 Yes
Fallon Gateway Shopping Center/ Target
9. Stores 10/21/2015 Yes
10. Gateway Medical Complex / Triad 07/06/2017 Yes
11. Heritage Park 09/26/2019 Yes
12. Jordan Ranch 07/22/2020 Yes
13. Moller Ranch 02/15/2018 Yes
14. Promenade Commercial Mixed-Use Project 03/31/2016 Yes
15. Schaefer Ranch South 11/18/2023 Yes
16. Sorrento East 10/31/2020 Yes
At this time, Staff recommends the City Council either: (1) determine that the parties are in
compliance and conclude the review; or (2) determine that one or more parties have not
complied in good faith. In the instance of determining that one or more parties have not
complied in good faith, 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(s) upon making certain findings based on substantial
evidence that the developer has not complied in good faith with the Agreement.
Page 2 of 3
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice is required for the annual review. Formal notification of the 2015 Development
Agreement Annual Review was sent to concerned parties on June 8, 2015.
ATTACHMENTS: 1. Resolution Finding that the Developers Having Obligations Under the
Identified Development Agreements and Supplemental Agreements
as Amended, Have Complied in Good Faith with the Terms and
Provisions of the Agreements
Page 3 of 3
RESOLUTION NO. XX - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
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, DUBLIN
RANCH AREAS A-H, DUBLIN RANCH SUBAREA 3 (IRONGATE), DUBLIN RANCH WEST
(WALLIS RANCH), DUBLIN TRANSIT CENTER MASTER AGREEMENT, DUBLIN TRANSIT
CENTER C-1 & C-2 (DUBLIN STATION), DUBLIN TRANSIT CENTER E-1 (ESPRIT), FALLON
GATEWAY SHOPPING CENTER / TARGET STORES, GATEWAY MEDICAL COMPLEX/ TRIAD,
HERITAGE PARK, JORDAN RANCH, MOLLER RANCH, PROMENADE COMMERCIAL MIXED-
USE PROJECT, SCHAEFER RANCH SOUTH, AND SORRENTO EAST, AND CONCLUDE THE
DEVELOPMENT AGREEMENT ANNUAL REVIEW FOR 2015.
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, Dublin Ranch Areas A-H, Dublin
Ranch Subarea 3 (Irongate), Dublin Ranch West (Wallis Ranch), Dublin Transit Center Master
Agreement, Dublin Transit Center C-1 & C-2 (Dublin Station), Dublin Transit Center E-1 (Esprit),
Fallon Gateway Shopping Center/ Target Stores, Gateway Medical Complex / Triad, Heritage Park,
Jordan Ranch, Moller Ranch, Promenade Commercial Mixed-Use Project, Schaefer Ranch South,
and Sorrento East.
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED this 15th day of September, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT 1