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CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: September 12, 2006

Subject/Title: Adopt a Resolution approving an amendment to Conditions of Approval No.’s 30, 32, 35, and 47, and removal of Condition No. 44 for Vesting Tentative Subdivision Map No. 8954, located between Lone Tree Way and Grant Street, east of O’Hara Avenue, on both sides of the Adams Lane extension.

Prepared by: Public Works: B. Bornstein

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving an amendment to Conditions of Approval No.’s 30, 32, 35, and 47, and removal of Condition No. 44 for Vesting Tentative Subdivision Map No. 8954, located between Lone Tree Way and Grant Street, east of O’Hara Avenue, on both sides of the Adams Lane extension.

PREVIOUS ACTION
On September 13, 2005, by Resolution No. 2005-227, City Council approved Vesting Tentative Subdivision Map No. 8954, with conditions.

BACKGROUND
Prewett Ranch is a 240-lot single family residential subdivision located between Lone Tree Way and Grant Street, just east of O’Hara Avenue, proposed to be built by Suncrest Homes. The vesting tentative subdivision for this project was approved with conditions by the City Council on September 13, 2005.

Staff has been working with Suncrest Homes and Lennar Homes for the construction and cost sharing of additional costs for the Lone Oak “North” sewer and water improvements. The estimated cost of these improvements including construction, design, inspection, testing, and construction management is approximately $2.2 million. The existing 2006/07 – 2010/11 Capital Improvement Program Budget approved by the City Council has $1,643,000 for these improvements. Staff negotiated with both Developers and they agreed to provide the shortfall of funds (approximately $600,000) to assist the City in getting these improvements done within the existing City budget. This work is under construction and is expected to be done prior to the rainy season. As part of the negotiations, staff agreed to process the modifications to some of the conditions of approval for Suncrest Homes’ project. These modifications do not relieve the Developer from any financial obligations and does not cause any financial burden on the City. The modifications are mostly providing assistance in right-of-way acquisition and timing of related improvements. Following is the description of the modifications to the conditions of approval requested by Suncrest Homes.

COA No.’s 30, 32, 35, and 47 – All of these conditions are predicated on acquiring the necessary right-of-way to extend Adams Lane north to Lone Tree Way. These conditions require Suncrest to build the Adams Lane extension, reconstruct the Lone Tree Way/Anderson Lane/future Adams Lane intersection, and install a traffic signal. Unfortunately, Suncrest’s efforts to acquire this necessary off-site right-of-way to extend Adams Lane have been unsuccessful. Therefore, per the State Subdivision Map Act, Suncrest will be required to enter into an agreement with the City, deposit funds, and the City will proceed with the necessary property acquisition. Staff agrees with Suncrest Homes’ request, that if the City cannot acquire the necessary right-of-way by the issuance of their 201st building permit, then Suncrest will build the “C” Street connector to O’Hara Avenue (as shown on the approved tentative map) in lieu of the Adams Lane extension, to improve traffic circulation, since Adams Lane extension is unable to be connected to Lone Tree Way. City staff will be moving forward with the necessary property acquisition to make every effort in completing this before the issuance of the 201st building permit. If so, Suncrest will still be responsible for constructing the extension of Adams Lane and the Lone Tree Way intersection improvements, including a new traffic signal.

COA No. 44 – Removal of Condition No. 44 requiring Suncrest Homes to design and build a non-potable waterline on Grant Street from Brentwood Boulevard to Caesar Chavez Drive. This is an off-site improvement, and is a completely reimbursable item by the City; therefore, once this condition is removed staff will convert this project from development driven to City CIP project and continue moving forward with design and construction.

Staff has reviewed all of the conditions to be modified and/or removed and recommends the approval of amending Conditions of Approval No.’s 30, 32, 35, and 47 and removal of Condition No. 44 for Vesting Tentative Subdivision Map No. 8954, as outlined in the attached Exhibit “A”.

FISCAL IMPACT
The modifications to the Conditions of Approval will not cause the City any financial responsibility and does not relieve the Developer of any financial obligations. This arrangement will allow the Lone Oak “North” improvements to be completed within the existing CIP budget, with Suncrest Homes and Lennar Homes contributing to the shortfall of funds.

Attachments:
Resolution
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO CONDITIONS OF APPROVAL NO.’S 30, 32, 35, AND 47, AND REMOVAL OF CONDITION NO. 44 FOR VESTING TENTATIVE SUBDIVISION MAP NO. 8954, LOCATED BETWEEN LONE TREE WAY AND GRANT STREET, EAST OF O’HARA AVENUE, ON BOTH SIDES OF THE ADAMS LANE EXTENSION.

WHEREAS, on September 13, 2005, by Resolution No. 2005-227, City Council approved Vesting Tentative Subdivision Map No. 8954, with conditions; and

WHEREAS, Suncrest Homes is requesting to modify Conditions of Approval No.’s 30, 32, 35, and 47, and remove Condition No. 44; and

WHEREAS, this request has been made by Suncrest Homes due to the fact that they are providing a portion of the additional shortfall of funds (approximately $600,000) to assist Lennar Homes in completing the Lone Oak “North” sewer and water improvements; and

WHEREAS, this shortfall of funds was not budgeted in the existing 2006/07 – 2010/11 Capital Improvement Program through redevelopment funding to reimburse Lennar Homes (Brentwood Sand Creek Partners) for these improvements; and

WHEREAS, without the contribution by Suncrest Homes, the City and Redevelopment Agency would have to decide how to finance the $600,000 shortfall, possibly by removing and/or postponing other redevelopment projects throughout the City, or not completing the Lone Oak project; and

WHEREAS, staff has reviewed all of the conditions to be modified and/or removed and believes that these changes will not cause the City any financial responsibility or relieve the Developer of any critical master planned improvements.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve an amendment to Conditions of Approval No.’s 30, 32, 35, and 47, and removal of Condition No. 44 for Vesting Tentative Subdivision Map No. 8954, located between Lone Tree Way and Grant Street, east of O’Hara Avenue, on both sides of the Adams Lane extension as reflected in the attached Exhibit “A”.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 12th day of September 2006 by the following vote:
 

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