HomeMy WebLinkAbout4.2 2021 Development Agreement ReviewSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.2
DATE:September 21, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:2021 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 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 the
Administrative Services, 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.
Following the review, Staff presents the findings and recommends to the City Council to either: (1)
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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 that 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, were subject to the
2021 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.Kaiser Dublin Medical Center 11/04/2041 Yes
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Formal notification of the 2021 Development Agreement Annual Review was sent to the parties of
the Development Agreements and the City Council Agenda was posted.
ATTACHMENTS:
1)Resolution of Compliance with the 2021 Development Agreement Review
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Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2
RESOLUTION NO. XX – 21
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, 2021, the following projects have active Development
Agreements with the City of Dublin: Ashton at Dublin Station, Dublin Crossings (Boulevard),
Dublin Ranch West (Wallis 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 recommends 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 21st day of September 2021, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
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Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
ATTEST:
_________________________________
City Clerk
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