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Home My WebLink About4.03 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