HomeMy WebLinkAboutItem 4.5 Development Agmt Review
STAFF REPORT CITY CLERK
File #600-60
CITY COUNCIL
DATE:October 1, 2013
TO:
Honorable Mayor and City Councilmembers
FROM:
Joni Pattillo, City Manager
SUBJECT:
2013 Development Agreement Review
Prepared by Lisa Solis, Administrative Aide and Lisa Hisatomi, Assistant
Administrative Services Director/Budget
EXECUTIVE SUMMARY:
Staff has performed the 2013 development agreement review and determined all Developers
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. Staff will continue monitoring
all of the projects to assure that the Developers are continuing to move towards full compliance.
FINANCIAL IMPACT:
The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for
each approved project.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution finding that 1) the developers have
complied in good faith with the terms and provisions of the following Development Agreements:
AMB/Legacy Partners, West Dublin Transit Village; Avalon Bay Site C; Dublin Ranch North;
Dublin Ranch Amendment to the Master Agreement; Dublin Ranch Area A-H; Dublin Ranch
Supplemental Development Agreement for Areas F, G and H; Fallon Gateway - Target;
Gateway Medical Group/Triad; Jordan Ranch; Lennar Brannigan Project; Promenade; Schaefer
Ranch South; Sorrento East/SR Structured Lot Options and Amendment; Springfield
Montessori; Standard Pacific - Fallon Crossings; Stockbridge/BHV Emerald Place – Green on
Park Place; Transit Center Master Development Agreement; Wallis Ranch; and Western Pacific
Housing, Transit Center Site E-1; and 2) conclude the Annual Development Agreement Review
for 2013.
Submitted By Submitted By Reviewed By
Community Development Administrative Services Assistant City Manager
Director Director
ITEM NO. 4.5
Page 1 of 3
DESCRIPTION:
Annual Review of Development Agreements is required by State law and Chapter 8.56 of the
Dublin Municipal Code. During the review period, occurring in July/August of each year, Staff
reviews active development agreements to ensure compliance to the terms and provisions of
the Agreements, the burden of demonstrating good faith compliance is on the developer.
Following the review, Staff presents the findings and recommends to the City Council to either:
1) determine the parties are in compliance and conclude the review; or, 2) determine that the
parties have not complied in good faith, and the City Council may modify or terminate the
Agreement. Under Chapter 8.56.140 of the Zoning Ordinance, any Councilmember or Staff may
request that the matter of compliance be considered at a public hearing. Such a public hearing
is required prior to the City Council making a finding that a developer has not complied in good
faith with the Agreement and modifying or terminating the Agreement.
The following active Development Agreements were due for 2013 annual review. Various City
Departments have reviewed the Development Agreements, and comments were returned to the
Community Development Director. Based on Staff’s review, many of the larger improvements
are either bonded or scheduled to be completed as the projects proceed. Staff has concluded
that the developers for following projects are proceeding in good faith with the terms of the
Development Agreements.
Development Agreement Expiration Date In Compliance?
AMB/Legacy Partners, West Dublin Transit Village 06/04/14 Yes
Avalon Bay, Site C 04/11/16 Yes
Dublin Ranch Amendment to the Master Agreement 06/21/20 Yes
Dublin Ranch Area A-H 06/29/19 Yes
Dublin Ranch North 12/15/14 Yes
Dublin Ranch Supplemental Development Agreement,
Areas F, G and H 06/29/19 Yes
Fallon Gateway - Target 10/21/15 Yes
Gateway Medical Group/Triad 07/05/17 Yes
Jordan Ranch 06/22/20 Yes
Lennar Brannigan Project 06/07/17 Yes
Promenade 04/01/16 Yes
Schaefer Ranch South 11/18/23 Yes
Sorrento East/SR Structured Lot Options,
including Amendment 10/13/20 Yes
Springfield Montessori 06/03/14 Yes
Standard Pacific, Fallon Crossings 11/18/13 Yes
Stockbridge/BHV Emerald Place – Green on Park Place 11/18/13 Yes
Transit Center Master Development Agreement 06/13/14 Yes
Wallis Ranch 02/19/24 Yes
Western Pacific Housing, Transit Center Site E-1 03/09/18 Yes
Page 2 of 3
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
No Public Noticing is required. Formal notification of the 2013 annual review was sent to the
parties of the Development Agreements on July 16, 2013.
ATTACHMENTS:
1. Resolution finding that developers having obligations under the
referenced Development Agreements have complied in good faith
with the terms and provisions of those Agreements and concluding
the 2013 annual review for those agreements
Page 3 of 3
RESOLUTION NO. XX – 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * * *
FINDING THAT THE DEVELOPERS HAVING OBLIGATIONS UNDER THE FOLLOWING
DEVELOPMENT AGREEMENTS HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND
PROVISIONS OF THOSE AGREEMENTS AND CONCLUDING THE 2013 ANNUAL REVIEW
FOR THOSE AGREEMENTS: AMB/LEGACY PARTNERS - WEST DUBLIN TRANSIT VILLAGE;
AVALON BAY SITE C; DUBLIN RANCH NORTH; DUBLIN RANCH AMENDMENT TO THE
MASTER AGREEMENT; DUBLIN RANCH AREA A-H; DUBLIN RANCH SUPPLEMENTAL
DEVELOPMENT AGREEMENT FOR AREAS F, G AND H; FALLON GATEWAY - TARGET;
GATEWAY MEDICAL GROUP/TRIAD; JORDAN RANCH; LENNAR BRANNIGAN PROJECT;
PROMENADE; SCHAEFER RANCH SOUTH; SORRENTO EAST/SR STRUCTURED LOT
OPTIONS AND AMENDMENT; SPRINGFIELD MONTESSORI; STANDARD PACIFIC - FALLON
CROSSINGS; STOCKBRIDGE/BHV EMERALD PLACE – GREEN ON PARK PLACE; TRANSIT
CENTER, MASTER DEVELOPMENT AGREEMENT; WALLIS RANCH; AND WESTERN
PACIFIC HOUSING - TRANSIT CENTER SITE E-1.
WHEREAS
, the annual review of the City of Dublin’s Development Agreements is required
by State law and Chapter 8.56 of the Dublin Municipal Code; and
WHEREAS
, during the review period, occurring in July/August of each year, Staff reviews
the development agreements to ensure compliance to 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:
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 determined that the
Developers having obligations under to those Development Agreements have demonstrated good
faith compliance with the terms of the Development Agreements: AMB/Legacy Partners, West
Dublin Transit Village; Avalon Bay Site C; Dublin Ranch North; Dublin Ranch Amendment to the
Master Agreement; Dublin Ranch Area A-H; Dublin Ranch Supplemental Development Agreement
for Areas F, G and H; Fallon Gateway - Target; Gateway Medical Group/Triad; Jordan Ranch;
Lennar Brannigan Project; Promenade; Schaefer Ranch South; Sorrento East/SR Structured Lot
Options and Amendment; Springfield Montessori; Standard Pacific - Fallon Crossings;
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Stockbridge/BHV Emerald Place – Green on Park Place; Transit Center Master Development
Agreement; Wallis Ranch; and Western Pacific Housing, Transit Center Site E-1.
PASSED, APPROVED AND ADOPTED
this 1st day of October, 2013, by the following vote:
AYES
:
NOES
:
ABSENT
:
ABSTAIN
:
________________________________________
Mayor
ATTEST
:
_______________________________________
City Clerk
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