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HomeMy WebLinkAboutReso 219-06 In-Lieu Parkland Ded Fee RESOLUTION NO. 219 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******** RESCINDING RESOLUTION 02-06 AND CORRECTING THE AMOUNTS RECORDED AS DEDICATION ACRES AND IN-LIEU PARKLAND DEDICATION FEES FOR TRACT 7282 WHEREAS, on January 3, 2006, the City Council adopted Resolution 02-06, which accepted parkland in-lieu fees and credits related to Tract 7282; and WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider of land for residential uses shall, as a condition of the 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, Section 9.28.040 of the Dublin Municipal Code specifies that dedication or in-lieu fee payments are to be calculated based on a formula including: the number of units; the property designation in the General Plan or Eastern Dublin Specific Plan; and whether the dedication and/or fees are for Community Parkland or Neighborhood Parkland; and WHEREAS, Tract 7282 (Sonata - Standard Pacific Corporation) consists of 119 homes on land with a Specific Plan land use designation of 6.1 units or more per acre; and WHEREAS, the calculations used to prepare Resolution 02-06 incorporated an incorrect land use designation of 6.0 or fewer units per acre, resulting in 1.333 acres of Community Parkland Credits exhausted and payment of$455,770 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, the parkland requirements for the project based on the requirements of the Municipal Code and the correct land use are: 1) Dedication of 0.833 acres of Community Parkland or payment of $476,476 in Community Parkland In-Lieu Fees, and 2) Dedication of 0.357 acres Neighborhood Parkland or payment of $284,886 in Community Parkland In-Lieu Fees; and WHEREAS, Standard Pacific Corporation is the holder of 0.833 Community Park, and Credits (Agreement # CPL UN 001(g)) and the application of this credit will satisfy the Community Parkland Dedication requirement and Standard Pacific Corporation has deposited with the City of Dublin funds necessary to offset the obligation of$284,886 for Neighborhood Parkland In-Lieu Fees; and WHEREAS, the use of the 1.333 acre Community Park Credit identified in Resolution 02-06 has been changed to an available status in the City impact fee credit records and a correcting refund of $170,884 of the overpayment of Neighborhood Parkland In Lieu Fees has been issued to Standard Pacific Corporation; Reso No. 219-06, Adopted 11/21/06, Item 4.6 Page 1 of2 NOW, THEREFORE, BE IT RESOLVED that the aforesaid Community Parkland Credits of 0.833 acres and the payment of $284,886 in Neighborhood Parkland in lieu fees are hereby accepted as performance of said subdivider's obligation under Subdivision Requirements in Title 9 of the Dublin Municipal Code. PASSED, APPROVED AND ADOPTED this 21st day of November, 2006, by the following vote: AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ("'': (/ ~ Mayor ATTEST: , . .......~ \ V -+"t~t:r(/i'V'-.~,,",j '._'~~'" ,,~.~. .. .. .. . ""'''~?; \ . City Clerk Reso No. 219-06, Adopted 11/21/06, Item 4.6 Page 2 of2