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HomeMy WebLinkAbout4.02 Positano Tr 7951 Apprv MapG~~~ OF D~B~y /// //jj~~~~~\\ ~1~ 19 C~1= =71~) 82 ``\v7~~~///~ ~~trroR~ STAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # ^®®®-®© DATE: December 1, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Approval of Final Map for Tract 7951, Neighborhood "B," Positano/Fallon Village (D.R. Horton), and Acceptance of Parkland Dedication In-Lieu Fees and Credits Prepared By: Mark Lander, City Engineer EXECUTIVE SUMMARY: Tract 7854, Neighborhood "B" of the Positano development in Fallon Village (owned by Braddock and Logan), created six parcels for future resubdivision and development. Western Pacific Housing, Inc., dba D.R. Horton, has purchased three of the parcels from Braddock and Logan and is filing a Final Map for Tract 7951 (Neighborhood B1) to create 43 individual lots for the construction of homes on these lots. FINANCIAL IMPACT: The original subdivider of Tract 7854, Braddock and Logan Group II, L.P., previously provided Performance and Labor & Materials Bonds to guarantee construction of the street, grading, utility improvements and landscaping, and will pay the cost of construction inspection. These improvements are under construction and the bonds remain in place. Therefore, additional security will not be required as part of this map. Once these improvements are accepted, the City will incur maintenance costs for City-maintained improvements within Tract 7854. The Homeowners' Association will be responsible for maintaining the project-related landscape features within the public right-of-way. Parkland dedication requirements are proposed to be satisfied with a combination of Neighborhood Park Land Credits and Fees paid. The fees paid total $39,690. RECOMMENDATION: Staff recommends that the City Council 1) Adopt the Resolution Approving the Final Map for Tract 7951; 2) Adopt the Resolution Recording a Transfer of Neighborhood Park Land Credit Originally Calculated in resolution 58-08; and 3) Adopt the Resolution accepting the Community Parkland Dedication In-Lieu Fees. Submitted y Reviewed By Public Works Director Administrative Services Director Page 1 of 3 ITEM NO. ~~ DESCRIPTION: Tract 7854 was the subdivision map for Neighborhood "B," part of the Positano Development within Fallon Village by Braddock and Logan Group II, L.P. The Final Map for Tract 7854 dedicated the rights-of-way for Positano Parkway, Amatrice Way, Capistrello Street, La Strada Drive, La Vina Street, Scala Court, Valerio Street, and West Cantara Drive, as well as an irrevocable offer of dedication for a future street extension (Parcel "B") and a public service easement. In addition to creating 89 individual lots, the Final Map for Tract 7854 also created six parcels for future resubdivision. Western Pacific Housing, Inc., dba D.R. Horton, has purchased Parcels D-1, E-1, and F-1 from Braddock and Logan and is filing a Final Map for Tract 7951 to create 43 individual lots within these three parcels. Single family homes will be constructed on 32 lots, and 11 lots will contain both a single family home and a "second unit" on each lot (Attachment 1). The Final Map for Tract 7951 has been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 05-61 on November 22, 2005. Since Braddock and Logan had previously executed an Improvement Agreement for the adjoining street improvements when Tract 7854 was filed, and guaranteed the improvements through bonds, D.R. Horton must only secure approval of the Final Map as there is no need to execute an Improvement Agreement or provide bonds with Tract 7951 (Attachment 2). Parkland Dedication Requirements Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land or pay a fee in lieu of dedicating such land as a condition of final map approval. When the Final Map for Tract 7853, Neighborhood "A" in Positano, was approved, Braddock and Logan's neighborhood parkland dedication requirement was determined to be 0.408 acres, based on the number of dwelling units within the proposed subdivision (Attachment 3). Subsequently, Braddock and Logan and the City amended the Affordable Housing Agreement to reduce the number of second units in Neighborhood "A" from 13 to 8. Therefore, the neighborhood park land dedication for Neighborhood "A" exceeds the amount actually required by 5 units. At Braddock and Logan's request, the neighborhood parkland credits associated with the 5 units from Tract 7853 are being applied to D.R. Norton's dedication requirement for Tract 7951 (Attachment 4). D.R. Horton is proposing to use a combination of cash and parkland credits obtained from Braddock and Logan as a result of Braddock and Logan's previous dedication of land for a neighborhood park site within Positano to satisfy its Neighborhood Parkland dedication obligation. D.R. Horton has acquired Community Parkland credits from another Developer, which will fully offset its Community Parkland dedication requirement. The following table shows how D.R. Horton will satisfy the Parkland requirements for Tract 7951: Community Parkland Neighborhood Parkland Dedication Fees In-Lieu of Requirement Dedication 0.5586 acres $434,856 0.2394 acres $ 241,190 D.R. Horton Compliance Use of a Credit for 0.5586 acres 0.2000 acres Credit and $39,690 fees Page 2 of 3 The calculation of the acreage required and/or in-lieu fees is determined in accordance with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the requirements and how D.R. Horton will achieve compliance (Attachment 5). NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this report have been provided to both D.R. Horton and Braddock & Logan. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7951 2. Resolution Approving Final Map for Tract 7951, Neighborhood "B1," Positano/Fallon Village 3. Resolution 58-08 Adopted April 15, 2008, Accepting Parkland Dedication In-Lieu Fees and Credits for Parkland Dedication Requirements for Tract 7853 (Positano, Neighborhood "A") 4. Resolution Recording Transfer of Neighborhood Park Land Credit Originally Calculated In Resolution 58-08. 5. Resolution Accepting Parkland Dedication In-Lieu Fees and Credits for Parkland Dedication Requirements for Tract 7951 G:\DEVELOPMENT, PRIVATE\Fallon Village (EDPO)\Tract 7951\Staff Report Final Map 12-01-09 (4) doc.DOC Page 3 of 3 i ~- ~o9 ~ s ~wk'° m _s o~ Z- ~~ w~ 3 €w ~ - ~a - Fu ?~?Q~ ~ oho W ~ ~~ $ _ o ~ <~ ~, aoirv ~ ~ 06 ~ dLL o. so o ~~ I ~~. 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N<., .~¢/r ~~j% \ Imo ^ P?: ~( 9~ ,, y. ~ $. v 'L. \\ 1~`'~E~'~\° cw a5~ry; "~"ry 56ELy 1 1 ~~ ti \ '~`jOi~% / / /, U~ \ ,F~y i~`r N~D,~sS~6cA, `\9;'~b,~d, \ !/ \Y/~. ~\~~-// ^ 1 r m \ ~\ ~<. \qw 55 f ~~ i % Pic r/ z 4 ~ \ 7 \ ~ ; Nm ~F9.\~M~i~/ /~~ "SO ~/aNAV~`\~ ,/ X.// ~ ~ 5 ~ / w C?g - 1 ~ \ ~' $\ _- \ b \ 5 ~- i~ RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP FOR TRACT 7951, NEIGHBORHOOD "B1" POSITANO/FALCON VILLAGE WHEREAS, the Final Map for Tract 7951, in the incorporated territory of the City of Dublin, State of California, has been presented to this City Council for approval, all in accordance with provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; NOW, THEREFORE, BE IT RESOLVED that the Final Map of Tract 7951 be and the same is hereby approved, and that the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 1st day of December, 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk G:\DEVELOPMENT, PRIVATE\Fallon Village (EDPO)\Tract 7951\Reso FM 7951.doc Mayor ATTACHMENT 2. ~~-io RESOLUTION N0.58 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARKLAND DEDICATION IN-LIEU FEES AND CREDITS FOR PARKLAND DEDICATION REQUIREMENTS FOR TRACT 7853 (POSITANO NEIGHBORHOOD A) WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for pazk and/or recreational purposes; and WHEREAS, the Developer, Braddock and Logan Group II, L.P., a California Limited Partnership, by Braddock and Logan Services, Inc., a California Corporation, Its General Partner, is filing Tract 7853 Final Map for developing 85 residential dwelling units constructed on 721ots (59 Single Family Units; plus 26 Units comprised of 13 Single Family Units each with an attached Secondary Unity and WHEREAS, the park land requirements for the project based on the requirements of the Municipal Code and the designated land use for Tract 7853 are 1) .Dedication of 0.952 acres of Community Park Land or payment of $635,375 in Community Park Land In-Lieu Fees, and 2) Dedication of 0.408 acres Neighborhood Park Land or payment of $365,840 in Neighborhood Pazkland In Lieu Fees; and WHEREAS, incorporated with Final Map 7854, Developer will dedicate a Neighborhood Pazk Site resulting in the issuance of "Eastern Dublin Public Facility Impact Fee Credits -Neighborhood Pazkland" under a Credit Agreement established for this purpose, and will have an original balance available of 5.036 acres of Neighborhood Pazk Land credits; and WHEREAS, Developer will utilize credits of 0.408 acres created by Final Tract Map 7854, in lieu of a payment of fees for the full Neighborhood Parkland obligation for Tract 7853; and WHEREAS, Developer will satisfy the Community Pazkland Dedication requirement and Dublin RE Investors has deposited with the City of Dublin funds necessary to offset the obligation of $635,375 for Community Parkland In-Lieu Fees. NOW, THEREFORE, BE IT RESOLVED that the aforesaid Neighborhood Pazkland Credits of 0.408 acres and the payment of $635,375 in Community Park Land in lieu fees aze hereby accepted as performance of said subdivider's obligation under Subdivision Requirements in Title 9 of the Dublin Municipal Code. Reso No. 58-08, Adopted 4/15/08, Item 4.7 Page 1 of 2 ATTACHMENT 3. ~ io PASSED, APPROVED AND ADOPTED this 15~` day of April, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTE Grp Deputy City Clerk Reso No. 58-08, Adopted 4/15/08, Item 4.7 Page 2 of 2 ~ ~- io RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RECORDING A TRANSFER OF NEIGHBORHOOD PARKLAND CREDITS ORIGINALLY CALCULATED IN CITY COUNCIL RESOLUTION 58-08 WHEREAS, pursuant to, City of Dublin Municipal Code Chapter 9.28, each subdivider of land for residential uses is required, as a Condition of Approval of a Final Subdivision Map, to dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes; and WHEREAS, on April 15, 2008 the City Council adopted Resolution No. 58-08 accepting Neighborhood Parkland credits to satisfy the Neighborhood Parkland dedication requirements for Tract 7853 (known as Neighborhood "A" of Positano) which was based upon 85 dwelling units (including 13 second units); and WHEREAS, subsequent to the filing of the Tract 7853 final map, the Developer has obtained City approval to reduce the number of second units within Tract 7853 from 13 units to 8 units; and WHEREAS, the Developer of Tract 7853, Braddock and Logan II, L.P., has 5 unused Neighborhood Parkland credits that can be transferred to Tract 7951, with such being the request by Braddock and Logan II, L.P., that said credit be transferred to the subdivider of Tract 7951, to be applied to the Neighborhood Parkland obligation for Tract 7951; NOW, THEREFORE, BE IT RESOLVED that the City Council acknowledges the changes in the Neighborhood Parkland dedication requirements for Tract 7853 (Resolution No. 58-08), due to the reduction in the number of second units from 13 units to 8 units. BE IT FURTHER RESOLVED that the City Council directs Staff to record the transfer of a Neighborhood Parkland Credit for the 5 un-built second units to Tract 7951. PASSED, APPROVED AND ADOPTED this 1 st day of December, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\DEVELOPMENT, PRIVATE\Fallon Village (EDPO)\Tract 7951\Reso_amending 58-OS_Transfer_toTr7951 (4) DOC.C ATTACHMENT . ~ ~- ~o RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARKLAND DEDICATION tN-LIEU FEES AND CREDITS FOR PARKLAND DEDICATION REQUIREMENTS FOR TRACT 7951 WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes; and WHEREAS, the Developer, Western Pacific Housing, Inc., doing business as D.R. Horton (hereafter "Developer"), is filing the Final Map for Tract 7951 for developing 54 residential dwelling units constructed on 43 lots (32 Single Family Units plus 22 units comprised of 11 Single Family Units, each with an attached Secondary Unit); and WHEREAS, the parkland requirements for the project based on requirements of the Municipal Code and the designated land use for Tract 7951 are: 1) Dedication of 0.5586 acres of Community Parkland or payment of $434,856 in Community Parkland In-Lieu Fees, and 2) Dedication of 0.2394 acres of Neighborhood Parkland or payment of $241,190 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer has possession of credits for: 1) 0.5586 acres of Community Parkland; and 2) 0.2000 acres of Neighborhood Parkland credits, which the Developer desires to have applied to reduce the Parkland obligation for Tract 7951; and WHEREAS, even with the application of the credits, Developer will have an unmet Neighborhood Parkland obligation of 0.0394 acres which can be satisfied through the payment of $39,690; and WHEREAS, Developer will satisfy the Neighborhood Parkland Dedication requirement and utilize credits of 0.2000 acres of Neighborhood Parkland Credits and payment in lieu of parkland dedication in the amount of $39,690 for the full Neighborhood Parkland obligation for Tract 7951, which said funds have been deposited by Developer with the City of Dublin; and WHEREAS, Developer will satisfy the Community Parkland Dedication requirement with the use of credits representing 0.5586 acres; NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of Neighborhood Parkland Credits of 0.2000 acres and payment of $39,690 Neighborhood Parkland in lieu fees and the application of 0.5586 acres Community Parkland Credits are hereby accepted as performance of said subdivider's obligation under Subdivision Requirements in Title 9 of the Dublin Municipal Code. ATTACHMENT 5• 10 ~ 10 PASSED, APPROVED AND ADOPTED this 1 st day of December, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\DEVELOPMENT, PRIVATE\Fallon Village (EDPO)\Tract 7951\Reso_parkland dedicationTr7951 (3) DOC.DOC 2