HomeMy WebLinkAbout4.2 2023 Development Agreement Reviewr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: September 19, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 4.2
SU B.ECT : 2023 Development Agreement Review
Prepared by: Jeff Baker, Community Development Director and Anastasia
Nelson, Administrative Aide
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:
Background
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
Finance, 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.
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Following the review, Staff presents the findings and recommends to the City Council to determine
either: (1) that the parties are in compliance and conclude the review; or (2) 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.
Analysis
The active Development Agreements identified in Table 1 below were subject to the 2023 annual
review. Based on Staffs 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
1. Ashton at Dublin Station
2. Bex Development (Branaugh Property) Project
3. Dublin Crossings (Boulevard)
4. Dublin Ranch West (Wallis Ranch)
5. Kaiser Dublin Medical Center
6. SCS Dublin Project (The DC)
Expiration Date
08/16/2023
04/20/2033
12/20/2033
02/19/2024
11/04/2041
01/05/2028
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Compliant
Yes
Yes
Yes
Yes
Yes
Yes
No public notice is required. However, a formal notification of the 2023 Development Agreement
Annual Review was sent to the parties of the Development Agreements. The City Council Agenda
was posted.
ATTACHMENTS:
1) 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
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Attachment I
RESOLUTION NO. XX — 23
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, 2023, the following projects have active Development
Agreements with the City of Dublin: Ashton at Dublin Station, Bex Development (Branaugh
Property) Project, Dublin Crossings (Boulevard), Dublin Ranch West (Wallis Ranch), Kaiser
Dublin Medical Center, and SCS Dublin Project (The DC); 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 with 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 and recommends that the City Council determine the parties
are in compliance and conclude the review.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
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 19th day of September 2023, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted 09/19/2023 Page 1 of 1 15