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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: December 12, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute a Reimbursement Agreement with Richmond American Homes of California, Inc., Tentative Subdivision Map No. 8674 for costs associated with Master Plan Facility Improvements.

Prepared by: Public Works: L. Vargas

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute a Reimbursement Agreement with Richmond American Homes of California, Inc., Tentative Subdivision Map No. 8674, consisting of 180 units, located at the northwest corner of Lone Tree Way and O’Hara Avenue for costs associated with Master Plan Facility Improvements.

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

On May 18, 2004, Planning Commission adopted Planning Commission Resolution No. 04-32, recommending that the City Council approve a rezone (RZ 03-06) with accompanying development standards from a mix of R-1 and R-2 to PD-59 with specific amended development standards. Planning Commission also adopted Planning Commission Resolution No. 04-33, conditionally approving Tentative Subdivision Map No. 8674 with conditions, providing the rezoning request (RZ 03-06) was approved by Council.

On June 22, 2004, City Council adopted Ordinance No. 781 approving a rezone request (RZ 03-06) from a mix of R-1 and R-2 to PD 59 and established development standards for a portion of PD 59, consisting of Tentative Subdivision Map No. 8674.

BACKGROUND
Richmond American Homes of California, Inc., TSM No. 8674 is located at the northwest corner of Lone Tree Way and O’Hara Avenue and consists of 180 lots. The Conditions of Approval for Subdivision Map No. 8674 required the Developer to construct off-site and Master Plan Facility Improvements. Master Plan Facility Improvements are those identified in the Master Infrastructure Element of the General Plan. When a developer constructs improvements in excess of the needs of their development or off-site improvements, the Subdivision Map Act requires that the City enter into a reimbursement agreement with them.

The Master Plan Improvements that qualify for reimbursement are off-site and oversize road improvements along O’Hara Avenue and Lone Tree Way; ROW purchase for the ultimate location of the traffic signal at the northeast corner of O’Hara Avenue and Lone Tree Way; oversized 36” waterline in Neroly Road and O’Hara Avenue; 30” waterline and 12” non-potable waterline going south through the Lone Tree Way and O’Hara Avenue intersection; asphalt trail along Neroly Road buffer zone; and park acreage and improvements totaling 2.7 acres. Facility fees will be reduced by the amount prepaid through CIFP 2004-1.

The City Engineer has reviewed this agreement and the City Attorney has approved as to form.

FISCAL IMPACT
The following Facility Fees will be reduced by the amounts prepaid through CIFP 2004-1 Wastewater $3,490.25/DU; Roads $2,897.75/DU; Parks $2,444.00/DU and the following facility fee credits will be spread over all building permits; Water $625,472.80; Parks $801,502.16; Wastewater $59,942.31 and Roadway 699,839.08.

Attachments:
Resolution
Reimbursement Agreement with Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REIMBURSEMENT AGREEMENT WITH RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., TENTATIVE SUBDIVISION MAP NO. 8674, CONSISTING OF 180 UNITS, LOCATED AT THE NORTHWEST CORNER OF LONE TREE WAY AND O’HARA AVENUE FOR COSTS ASSOCIATED WITH MASTER PLAN FACILITY IMPROVEMENTS.

WHEREAS, on April 12, 1994, City Council approved Resolution No. 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements; and

WHEREAS, on May 18, 2004, Planning Commission adopted Planning Commission Resolution No. 04-32, recommending that the City Council approve a rezone (RZ 03-06) with accompanying development standards from a mix of R-1 and R-2 to PD-59 with specific amended development standards; and

WHEREAS, on May 18, 2004, Planning Commission adopted Planning Commission Resolution No. 04-33, conditionally approving Tentative Subdivision Map No. 8674 with conditions, providing the rezoning request (RZ 03-06) was approved by Council; and

WHEREAS, on June 22, 2004, the City Council adopted Ordinance No. 781 approving a rezone request (RZ 03-06) from a mix of R-1 and R-2 to PD 59 and established development standards for a portion of PD 59, consisting of TSM No. 8674; 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 off-site or excess capacity improvements eligible for reimbursement.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute a Reimbursement Agreement with Richmond American Homes of California, Inc. Tentative Subdivision Map No. 8674, consisting of 180 units, located at the northwest corner of Lone Tree Way and O’Hara Avenue for costs associated with Master Plan Facility Improvements.

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

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