Loading...
HomeMy WebLinkAbout4.8 - 2830 2019 Development Agreement Review Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 17, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: 2019 Development Agreement Review Prepared by: Jeff Baker, 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. Development Agreements are reviewed annually 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: 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 Administrative Services, Community Development, Fire Prevention, Parks and Community Services, and Public Works have also completed a thorough and detailed assessment of the developer’s compliance with the requirements contained in the applicable agreements. Page 2 of 2 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 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. The following active Development Agreements, identified in Table 1 below, we re subject to the 2019 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. 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 Expiration Date Compliant 1. Ashton at Dublin Station 08/16/2023 Yes 2. Dublin Crossings (Boulevard) 12/20/2033 Yes 3. Dublin Ranch West (Wallis Ranch) 02/19/2024 Yes 4. Jordan Ranch 07/22/2020 Yes 5. Kaiser Dublin Medical Center 11/04/2041 Yes NOTICING REQUIREMENTS/PUBLIC OUTREACH: No public notice is required. However, a formal notification of the 2019 Development Agreement Annual Review was sent to the parties of the Development Agreements. ATTACHMENTS: 1. Resolution of Compliance with the 2019 Development Agreement Review ATTACHMENT 1 RESOLUTION NO. XX - 19 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, 2019, the following projects have active Development Agreements with the City of Dublin: Ashton at Dublin Station, Dublin Crossings (Boulevard), 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 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 Dublin City Council 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 17th day of September, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk