ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: CONSENT - Agreements TO: Honorable Mayor and City Council
FROM: Darin Budak, Recreation and Parks Director
DATE: February 11, 2025
SUBJECT: Agreement with Encanto Gardens IV LLC for the development, dedication, and reimbursement of Encanto Gardens Park
located along Allen Road, East of Alisa Lange Ward 5
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Encanto Gardens IV, LLC (Developer) is developing Tract 7408 (northern tract) and Tract 7415 (southern tract) located along Southern Pacific Railroad from east to west (northern portion), Allen Road from north to south (across the tracts), and Pensinger Road from east to west (southern portion). Tract 7408 includes 248 residential lots, a sump and 2.11 acres of parkland (Exhibit A). Tract 7415 includes 249 residential lots, a drill island and 2.66 acres of parkland (Exhibit B). The layout is such that the parkland between Tracts 7408 and 7415 are each half of the whole park.
On December 21, 2023, City’s Planning Commissi on adopted Resolution Numbers 89 -23 and 90 -23, approving Vesting Tentative Tract Maps (VTT’s) 7408 and 7415. VTT 7408 includes Condition #12 which requires the Developer to construct a park, dedicate 2.11 acres of parkland and enter into a reimbursement agreement with the City for the park. VTT 7415 includes Condition #12 which requires Developer to construct a park, dedicate 2.66 acres of parkland and enter into a reimbursement agreement City for the park. The Developer is ready to meet Condition #12 within each respective VTT by constructing and dedicating 2.11 acres of parkland within VTT 7408 and constructing and dedicating 2.66 acres of parkland within VTT 7415. The combined park site of 4.77 acres will be known as Encanto Gardens Park (Park) within the designated parkland of VTT’s 7408 and 7415.
On March 15, 2024 the City’s Public Works Department approved a revised phasing plan for Tract 7408 as shown in Exhibit C. On November 5, 2024, City’s Public Works Department approved a revised phasing plan for Tract 7415, as shown in Exhibit D.
As part of Condition #12, Developer is required to submit a conceptual plan for the Park that depicts (but not limited to), landscaping, location, playground equipment, playing fields, benches, picnic areas, walkways, and other amenities consistent with City standards and policies. The Developer has submitted it to the Recreation and Parks Director for review and approval (Exhibit E). Prior to the recordation of the final map for the last phase of either VTT 7408 or VTT 7415, the Developer shall submit a detailed park construction plans to the Recreation and Parks Department for review and approval.
The Developer is required to begin construction of Park when a total of seventy percent (70%) of the planned residential building permits have been issued for the combined VTT’s 7408 and 7415. The Developer is required to complete construction of the Park within one (1) year of beginning, unless an extension of time is granted by the City.
Condition #12 in both VTT 7408 and 7415 requires a mechanism for reimbursement to the Developer for the construction of the Park . The City is willing to reimburse Developer for the development and dedication of the Park from the Park Development and Improvement fees collected within VTT’s 7408 and 7415 (Zone of Benefit), cumulatively consisting of 497 buildable lots. If the number of buildable lots increases or decreases upon recordation of a final map(s), the park land requirement and reimbursement will change accordingly. The time period for reimbursement to Developer for the development of the Park will be fifteen (15) years from the date of the agreement. The fully constructed Park shall be maintained by the City once dedicated.
FISCAL IMPACT: The reimbursement to the Developer for the development and dedication of the park will be paid through the Park Improvement and Development fees that will be collected within the Zone of Benefit of VTT’s 7408 and 7415. There is no impact to the General Fund.
COUNCIL GOAL:
Community Character & Quality of Life
Innovative and Efficient City Government
ATTACHMENTS:
1. Encanto Gardens Park Developer Agreement
2. Encanto Gardens Insurance
3. Exhibit A: VTT 7408
4. Exhibit B: VTT 7415
5. Exhibit C: Phasing Map 7408
6. Exhibit D: Phasing Map 7415
7. Exhibit E: Encanto Gardens Park Conceptual