- 1 -
CITY of BRISBANE
Monday March 24th, 2025 at 2:00PM ● Hybrid Meeting
Brisbane City Hall Annex, Annex Conference Room, 25 Park Place, Brisbane, CA The public may observe/participate in the Subcommittee meetings by using remote public comment options or attending in person. Subcommittee members shall attend in person unless remote participation is permitted by law. The Subcommittee may take action on any item listed in the agenda.
JOIN IN PERSON
Location: 25 Park Place, Brisbane, CA 94005 - Annex Conference Room Masks are no longer required but are highly recommended in accordance with California Department of Health Guidelines. To maintain public health and safety, please do not attend in person if you are experiencing symptoms associated with COVID-19 or respiratory illness.
JOIN VIRTUALLY
Join Zoom Webinar (please use the latest version: zoom.us/download):
https://us06web.zoom.us/j/82109203916
Meeting ID: 821 0920 3916
Call In Number: 1 (669) 900-9128
Note: Callers dial *9 to “raise hand” and dial *6 to mute/unmute.
The agenda materials may be viewed online at www.brisbaneca.org at least 72 hours prior to a Meeting.
Please be advised that if there are technological difficulties, the meeting will nevertheless continue.
TO ADDRESS THE SUBCOMMITTEE
IN PERSON PARTICIPATION
To address the Subcommittee on any item on or not on the posted agenda, please wait until Public Comments are being accepted.
REMOTE PARTICIPATION
Members of the public may observe/participate during the Subcommittee meeting by logging into the Zoom Webinar. Public comments received one hour prior to the meeting via email will be noted for the record. Written comments after that time will not be responded to or brought to the attention of the Subcommittee during the meeting.
Email: [email protected]
SPECIAL ASSISTANCE
If you need special assistance to participate in this meeting, please contact Angel Ibarra at (415) 508-2109.
Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Quarry Subcommittee Agenda
1 - 2 -
SUBCOMMITTEE MEMBERS:
Mayor Lentz, Councilmember O’Connell
ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
PUBLIC COMMENT
PRESENTATIONS AND DISCUSSION ITEMS
B. Discuss Quarry Development Issues
C. Call for Future Agendized Items
PUBLIC COMMENT
ADJOURNMENT
2 File Attachments for Item:
B. Discuss Quarry Development Issues
3
CITY COUNCIL QUARRY SUBCOMMITTEE AGENDA REPORT
To: City Council Quarry Subcommittee
Meeting Date: March 24, 2025
From: Jeremy Dennis, City Manager
Subject: Overview of potential Development Agreement for Quarry Redevelopment
Background
The City Council has formed a subcommittee to review and make recommendations on a potential development agreement accompanying a redevelopment of the Guadulupe Quarry.
The City is reviewing an application from Orchard Properties for a commercial redevelopment of the Quarry site. The application/project is scheduled to be reviewed by the Planning Commission later this year. Planning Commission will make a recommendation to the City Council.
The property owner/developer has requested that the project have a development agreement, and City staff supports such a request. The Development Agreement, along with the project itself, is subject to Planning Commission review and recommendation. The City Council then considers the Commission’s recommendation as to the project and the development agreement.
Attached are four documents to assist the subcommittee in its discussion and deliberations:
• This cover memo
• Attorney memo describing the legal status of Development Agreements • Past community benefits that the City of Brisbane has negotiated through other development agreements
Recommendation
Review the attached material and discuss options.
________________________
Jeremy Dennis, City Manager
4 B.
Development Agreements – legal description drafted by Michael Roush Under state law (Government Code, section 65864 and following), a city may enter into a development agreement with a property owner to develop property. In essence, the law allows a city to freeze zoning and other land use regulations applicable to specific property for a specified period of time to guarantee that the property owner/developer will not be affected by changes in development standards and fees. Unless the agreement provides otherwise, the city’s fees, rules, regulations, and other official policies governing the permitted uses of land, density, design, improvements, and construction standards shall be those in force at the time the agreement is executed. (The legislature’s rationale being that providing these assurances to the developer strengthens the public planning process, encourages private participation in comprehensive planning, and reduces the economic cost of development.)
The particulars of the statute include requirements that the agreement (i) may be approved only after a public hearing (both by the Planning Commission and City Council), (ii) must be consistent with the city’s general plan and any specific plan, (iii) have a provision permitting annual review by the city and termination for noncompliance and (iv) have a statement that approval of the agreement is subject to referendum.
By the agreement’s locking in permitted uses of property, density, design and other standards, the developer obtains certainty that the project may be built without concern that such standards will be changed so as to preclude development of the property. In exchange, however, for that certainty, the developer agrees to provide benefits to the city which are not related to the conditions of approval or mitigation measures that are the “nexus” related to the development of the property.
Typically, a development agreement would have a detailed description of the project, a construction schedule, a listing of project fees, exactions and mitigation measures, the effect the agreement on city laws and regulations, a listing of amenities/benefits being provided to the City, and the boilerplate provisions such as the term, amendments, default, transfers and assignments, periodic review, etc.
Development agreements are discretionary, subject to CEQA, and often are part of a land use approval package that would include a final EIR, a land use project, and the development agreement.
5 B.
Community Benefits previously negotiated by the City of Brisbane This list is not exhaustive but gives a flavor of the type of items that could be negotiated depending on community needs and desire.
Sierra Point
• Energy Conservation Requirements beyond currently adopted reach code (this was part of the community benefits negotiations in the Development Agreement (DA) for the Shore project). Healthpeak Properties & Phase 3 projects had requirements beyond the code requirements in place at that time.
• Engineering standards for water and sewer systems are unique to the site.
Roadway improvements could also be part of this depending on the needs. This was part of the DA for the Opus property that was ultimately built by Phase 3. • Park improvement funds were negotiated in DA amendments for both Sierra Point projects. In addition, Opus negotiated ending their lease on Parcel R returning it to the city for a future park.
Northeast Ridge (Late 80’s early 90’s)
• Funding 800k for community swimming pool (ultimate cost of pool was $ 2.2m • Building of Mission Blue Center to city specifications as a multi-purpose community center
• Other funds for fire suppression and city services
Revised agreement (late 2000’s)
• $4m for Habitat conservation fund
• Increased fee from property owners (roughly 800% increase) • $37k per new unit for city building funds, used for the community library project (approximately $3,2m)
6 B.