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Home My WebLink About4.07 Positano Fallon VillageG~~y OF DU~~2 /9/\/j1 ~ ~\~ ~ ~LIFOR~ STAFF REPORT CITY C L E R K DUBLIN CITY COUNCIL File # ^®®0^-®~ DATE: December 15, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Approval of Final Map for Tract 8034, Neighborhood "B2," Positano/Fallon Village (Braddock and Logan) and Acceptance of Parkland Dedication 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. Braddock and Logan is filing Final Map 8034 (Neighborhood "B2") to create 39 individual lots and will construct the homes on these lots. FINANCIAL IMPACT: Braddock and Logan Group II, L.P., has 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 Final Map. Once the 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 landscape features within the public right-of-way. Parkland dedication requirements are proposed to be satisfied with Neighborhood Park Land and Community Park Land Credits. RECOMMENDATION: Staff recommends that the City Council 1) Adopt the Resolution Approving the Final Map for Tract 8034, Neighborhood "B2," Positano/Fallon Village; 2) Adopt the Resolution Recording a Transfer of Neighborhood Park Land Credit Originally Calculated in Resolution 58-08; and 3) Adopt the Resolution accepting Parkland Dedication Credits for Parkland Dedication Requirements for Tract 8034. Submitted Public Works Director ~A,~ Reviewed By Administrative Services Director ~, Revi a By Assistant City Manager r Page 1 of 3 ITEM NO. ~ DESCRIPTION: Tract 7854 was the subdivision map for the 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. The Final Map, in addition to creating 89 individual lots, also created 6 parcels for future resubdivision. Braddock and Logan is filing Final Map 8034 to create 39 individual lots within 3 of these parcels. Single family homes will be constructed on 30 lots, and 9 lots will contain both a single family home and a "second unit" on each lot (Attachment 1). The Final Map for Tract 8034 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. Braddock and Logan previously executed an improvement agreement for the adjoining street improvements when Tract 7854 was filed, and guaranteed the improvements through bonds; consequently, there is no need for Braddock and Logan to execute an improvement agreement or provide bonds with the Final Map for Tract 8034 (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 community park land dedication requirement was determined to be 0.952 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 community 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 were transferred to D.R. Horton and the City Council adopted a similar Resolution applicable only to neighborhood parkland. The proposed community parkland credits for the 5 units are proposed to be applied to Braddock and Logan's Tract 8034. A City Council Resolution recording this transfer has been prepared (Attachment 4). In addition to these credits, Braddock & Logan has also obtained additional Community Park Land Credits from another Developer as authorized under the City Impact Fee Program. The following Table shows Braddock and Logan's park land dedication requirements for Tract 8034 and how they would be satisfied: Community Parkland Neighborhood Parkland Dedication Fees In-Lieu of Requirement Dedication 0.4998 acres $389,082 0.2142 acres $215,802 Braddock and Logan Compliance 0.4998 acres credit 0.2142 acres credit 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 Braddock & Logan 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 8034 2. Resolution Approving Final Map Improvement for Tract 8034 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 Community Parkland Credit Originally Calculated In Resolution 58-08. 5. Resolution Accepting Parkland Dedication Credits for Parkland Dedication Requirements for Tract 8034 G:\DEVELOPMENT, PRIVATE\Fallon Village (EDPO)\Traot 8034\Staff Report Final Map 12-15-09(4).DOC Page 3 of 3 $~"~ ~ s3 S ~~3 ~ ~~ ~~ ~ ~~~ ~~~~~ LL~yy{{ g~~11 ~~.. 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PASSED, APPROVED AND ADOPTED this 15th day of December, 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\DEVELOPMENT, PRIVATE\Fallon Village (EDPO)\Tract 8034\Reso FM 8034.doc ATTACHMENT 2 ~ °~ ~ 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 park 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 72 lots (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 Pazk Land or payment of $635,375 in Community Pazk Land In-Lieu Fees, and 2) Dedication of 0.408 acres Neighborhood Pazk Land or payment of $365,840 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, incorporated with Final Map 7854, Developer will dedicate a Neighborhood Park Site resulting in the issuance of "Eastern Dublin Public Facility Impact Fee Credits -Neighborhood Parkland" 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 Parkland Credits of 0.408 acres and the payment of $635,375 in Community Park Land in lieu fees are 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, ~1 °~ `1 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 , 0 Deputy City Clerk Reso No. 58-08, Adopted 4!15/08, Item 4.7 Page 2 of 2 ~ `~ RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RECORDING A TRANSFER OF COMMUNITY 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 Fees for Community 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 Community Parkland credits that can be transferred to Tract 8034, with such being the request by Braddock and Logan tl, L.P., that said credit for the 5 un-built units be applied to the Community Parkland obligation for Tract 8034; NOW, THEREFORE, BE IT RESOLVED that the City Council acknowledges the changes in the Community Parkland dedication requirements for Tract 7853 (Resolution 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 Community Parkland Credit for the 5 un-built second units to Tract 8034. PASSED, APPROVED AND ADOPTED this 15th day of December, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:~DEVELOPMENT, PRIVAThIPallon Village (EDPO~Tract 8034~Reso_amending 58-08_Transfer_toTr8034. ~~~~ • ~d~~ RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARKLAND DEDICATION CREDITS FOR PARKLAND DEDICATION REQUIREMENTS FOR TRACT 8034 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, 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 a Final Map for Tract 8034 for development of 48 residential dwelling units constructed on 39 lots (30 Single Family Units plus 18 units comprised of 9 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 8034, are: 1) Dedication of 0.4998 acres of Community Parkland or payment of $389,082 in Community Parkland In-Lieu Fees, and 2) Dedication of 0.2142 acres Neighborhood Parkland or payment of $215,802 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer has possession of credits for: 1) 0.4998 acres of Community Parkland; and 2) 0.2142 acres of Neighborhood Parkland credits, which the Developer desires to have applied to reduce the Parkland obligation for Tract 8034; and WHEREAS, the Credits applied by the Developer will fully offset both the Community Parkland and the Neighborhood Parkland requirements for Tract 8034 without the payment of in- lieu fees; and NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.4998 acres Community Parkland Credits and the application of Neighborhood Parkland Credits of 0.2142 acres 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 15th day of December, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 5.