HomeMy WebLinkAboutReso 074-03 InLieuPkLndFeesCrdt RESOLUTION NO. 74 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTANCE OF IN LIEU PARKLAND DEDICATION FEES AND CREDITS
FOR TRACTS 7139 & 7140
WHEREAS, pursuant to Section 8-7.1 of the Subdivision Ordinance 1-91, as adopted by the City
of Dublin, and City of Dublin Municipal Code 9.28.020, as amended by City Council Resolution 60-99,
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, in Resolution 02-40 for Tentative Map Tract 7139 and Resolution 02-41 for
Tentative Map Tract 7140 adopted on February 26, 2002, the Planning Commission did determine in
accordance with the aforesaid Subdivision Ordinance that a land dedication for park and recreational
facilities is to be made, and said dedication is to be used for the development of park and recreational
facilities within a period of five years from the date of adoption of this resolution to serve the residents of
the subject tract; and
WHEREAS, pursuant to the Development Agreements adopted by the City as Ordinance No. 2-03
for Dublin Ranch Area A4 and A5 (Tracts 7139 and 7140), the developer (Toll CA II, LP) can utilize the
credits granted to the Lin Family according to the Master Development Agreement between the Lin
Family and the City recorded as Series No. 99-251790 on July 8, 1999 against the applicable portions of
the City's Public Facility Fee relating to Community Park Land; and
WHEREAS, in accordance with the City's Public Facility Fee Administrative Guidelines adopted
by the City Council as Resolution No. 195-99 and the Public Facilities Fee Credit / Reimbursement
Agreement between the City of Dublin and DR Acquisitions II, LLC dated October 10, 2002, the Lin
Family can transfer credits given by the City for the 4.778 acres of neighborhood parkland dedicated with
Tract 7148 (Recorded as Series No. 2001-057355 on February 14, 2001 in Book 257, Pages 3-7); and
WHEREAS, "Authorization to Use Eastern Dublin Public Facility Impact Fee Credits" Agreements
have been executed between the Lin Family, Toll CA II, LP and the City to transfer 1.299 acres of
Community Park Land credits pursuant to the Lin Family Master Development Agreement and 0.529
acres of Neighborhood Park Land credits to Toll CA II, LP for use in Tracts 7139 and 7140; and
WHEREAS, Toll CA II, LP has paid to the City a~n in lieu fee in the amount of $18,753.26
(equivalent to a dedication of 0.028 acres). This payment, together with the above-described credit of
0.529 acres, satisfies the 0.557-acre requirement for the Neighborhood Park Land component of the Public
Facility Fee for Low Density Residential Units in Eastern Dublin for Tracts 7139 and 7140.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid in lieu fee and credits are hereby
accepted as performance of said subdivider's obligation under Section 8-7.1 et seq. of the aforesaid
Subdivision Ordinance 97-1.
PASSED, APPROVED AND ADOPTED this 6th day of May, 2003.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None ~
ATTEST: Mayor
' Cl~rk/C
K2/G/5-6-03/reso-7139-40parkland.doc (Item 4.7-3)
G:\DEVELOP~Dublin RanchXArea AXA 2-5 Tracts 7137-40XResolution Park in-lieu fees .doc