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 CITY COUNCIL AGENDA ITEM NO. 04


Meeting Date: March 25, 2003

Subject/Title: Final Map Approval of Subdivision No. 8515, Lone Tree Plaza, Arcadia Development Company

Submitted by: Engineering: B. Grewal/ B. Bornstein/ D. Boskovic

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve a Resolution approving the Final Map of Subdivision No. 8515, Lone Tree Plaza, Arcadia Development Company, located east of Heidorn Ranch Road and south of Lone Tree Way, accepting the improvement security, approving the Subdivision Improvement and Reimbursement Agreement for costs associated with Master Plan Facility improvements, and authorizing the Mayor and City Clerk to execute the same.

PREVIOUS ACTION
On April 12, 1994, the City Council approved Resolution No. 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements.

On June 26, 2002, by Planning Commission Resolution No. 02-39, the Planning Commission approved Tentative Subdivision Map No. 8515, with conditions.

BACKGROUND
The Final Map is located east of Heidorn Ranch Road and south of Lone Tree Way. This Final Map has been checked for conformance with the approved Tentative Map and Conditions of Approval. The Developer has executed a Subdivision Improvement and Reimbursement Agreement, the appropriate improvement security (Faithful Performance and Labor & Material Bonds: Bond No. 395000125 in the amount of $182,400.00 for the waterline loop and Bond No. 395000126 in the amount of $706,672.77 for the water pump station) have been posted, and offers of dedication for the appropriate roadways and easements have been made.

This “Lone Tree Plaza” project is the largest retail/commercial project so far in the City. It will create jobs, tax revenue and will induce additional economic development in the area.

The Conditions of Approval for Tentative Subdivision Map No. 8515 required the Developer to make certain Master Plan Facility Improvements. Master Plan Facility Improvements are those improvements that have been identified in the Master Infrastructure element of the General Plan. These facilities are considered backbone infrastructure and form the basis of the facility fee structure. Under most circumstances when these improvements are required to be constructed by a developer, they would provide capacity in excess of the needs of their development alone. The Subdivision Map Act requires that the City enter into a reimbursement agreement when requiring the Developer to construct improvements with excess capacity. The improvements, which qualify as excess capacity, are oversize roadway and landscaping improvements along the Heidorn Ranch Road and Lone Tree Way frontage, off-site roadway landscape improvements on Heidorn Ranch Road, right-of-way for Lone Tree Way and Heidorn Ranch Road, and a Zone 2 Pump Station are also a part of this agreement. This development is also paying the City’s portion of the Lone Tree Way construction costs from Heidorn Ranch Road to Jeffery Way. The Contra Costa Transportation Authority has invoiced the City for $2.6 Million for Lone Tree Way construction included in their contract to construct Segment 2 of the Bypass. Of the $2.6 Million being paid by Arcadia, $1,776,109 is fee creditable. Arcadia is also entering into an agreement with West Coast Homes, a developer on the City of Antioch side to construct Heidorn Ranch Road along their frontage to its ultimate width. The oversizing of these improvements is fee creditable. Also, this development will construct a Zone II water pump station, which will serve not only this project but is a part of the Water Master Plan.

After extensive review of the improvement plans, construction costs and development fee calculations, staff prepared the Subdivision Improvement and Reimbursement Agreement. City Attorney has reviewed this agreement. Facility Fee credits will be given at the time of building permit issuance. The fee credits (based on proposed square footage) will be more than the development fees from Phase I and II of the project and will carry over to Phase III. Phase III of the project will pay the development fees less carry-over credits as it develops. So overall this development will construct the required public master plan improvements and will also pay a portion of their development fees after taking all the credits.

In order for the Final Map to be recorded, the City Council needs to approve the Final Map, the Subdivision Improvement and Reimbursement Agreement, accept the offers of dedication as shown on the map subject to acceptance of the improvements, accept the improvement security, and authorize the Mayor and City Clerk to execute the Subdivision Improvement and Reimbursement Agreement.

FISCAL IMPACT
The Developer is responsible for necessary repairs for any material or workmanship defects to subdivision improvements for a period of 12 months following acceptance of the improvements for maintenance. The City will then incur costs, the amount of which is unknown at this time, associated with street sweeping and necessary repairs to streets and/or utilities. Lighting and Landscape Maintenance District 02-11 has been formed for this subdivision and will be responsible for the street lighting and landscape maintenance. Facility Fee credits will be issued as building permits are pulled.

Attachments:
Resolution
Site Map
Agreement

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FINAL MAP OF SUBDIVISION NO. 8515, LONE TREE PLAZA, BY ARCADIA DEVELOPMENT COMPANY, LOCATED EAST OF HEIDORN RANCH ROAD AND SOUTH OF LONE TREE WAY, APPROVING A SUBDIVISION IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR COSTS ASSOCIATED WITH MASTER PLAN FACILITY IMPROVEMENTS, AND ACCEPTING THE OFFERS OF DEDICATION SHOWN THEREON SUBJECT TO ACCEPTANCE OF IMPROVEMENTS, ACCEPTING THE IMPROVEMENT SECURITY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME


WHEREAS, on April 12, 1994, the City Council approved Resolution 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements; and

WHEREAS, on June 26, 2002, by Planning Commission Resolution No. 02-39, the Planning Commission approved Tentative Subdivision Map No. 8515, with conditions; and

WHEREAS, certain Master Plan Facility improvements are reimbursable under the City of Brentwood Master Plan Facility Fee Program; and

WHEREAS, the Developer will construct the improvements eligible for reimbursement; and

WHEREAS, Final Map No. 8515 showing 11 parcels has been prepared for this subdivision; and

WHEREAS, City staff has checked the Final Map for conformance with the approved Tentative Map and the Conditions of Approval dated June 26, 2002, and finds that the Final Map is ready for approval.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the Final Map for Subdivision No. 8515, Lone Tree Plaza, Arcadia Development Company, and that the offers of dedication shown thereon are hereby accepted subject to acceptance of improvements.

BE IT FURTHER RESOLVED that the Subdivision Improvement and Reimbursement Agreement is hereby approved, that the improvement security accompanying said agreement is hereby accepted, and that the Mayor and City Clerk are hereby authorized to execute said Subdivision Improvement and Reimbursement Agreement.

BE IT FURTHER RESOLVED that the City Council of the City of Brentwood hereby authorizes the City Clerk to execute and file the Final Map and the Subdivision Improvement and Reimbursement Agreement with the County Recorder.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 25th day of March 2003 by the following vote:
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