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HomeMy WebLinkAboutReso 192-11 In-Lieu Fees Tr 8082 RESOLUTION NO. 192 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTING PARK LAND DEDICATION IN-LIEU FEES AND CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8082, K. Hovnanian (NEIGHBORHOOD D-2, POSITANO I FALLON VILLAGE) 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, K. Hovnanian at Positano LLC, a California Limited Liability Company (K.Hovnanian), is filing Tract 8082 Final Map for developing 38 residential dwelling units constructed on 36 lots (34 lots contain one Single Family Unit each; plus 2 lots contain one Single Family Unit each with an attached Secondary Unit); and WHEREAS, the Park Land requirements for the project based on the requirements of the Municipal Code and the designated land use for Tract 8082 are 1) Dedication of 0.4172 acres of Community Park Land or payment of $378,832 in Community Park Land In-Lieu Fees, and 2) Dedication of 0.1788 acres Neighborhood Park Land or payment of $202,414 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer has possession of credits for 0.4172 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 8082; and WHEREAS, Developer will satisfy the Neighborhood Parkland Dedication requirement through the payment of in-lieu Park Dedication Fees in the amount of $202,414 to fully satisfy the Neighborhood Park Land obligation for Tract 8082; and WHEREAS, K Hovnanian at Positano, LLC has deposited with the City of Dublin $202,414 which is the full amount required to satisfy the obligation for Neighborhood Park Land In-Lieu Fees for Tract 8082. NOW, THEREFORE, BE IT RESOLVED that the aforesaid the application of 0.4172 acres Community Parkland Credits and the payment of $202,414 in Neighborhood Park Land in Lieu Fees are hereby accepted as performance of said subdivider's obligation under Subdivision Requirements in Chapter 9.28 of the Dublin Municipal Code. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 15th day of November, 2011, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None rV 0~~ Mayor ATTEST: (L/ IV City Clerk Reso No. 192-11, Adopted 11-15-11, Item 4.5 Page 2 of 2