File ID: 2022-01307 8/9/2022 Consent Item 23.
Agreement to Construct and Maintain Private Recreational Facilities; Township 9 Planned Unit Development (PUD)
File ID: 2022-01307
Location: District 3
Recommendation: Adopt a Resolution approving the Agreement to Construct and Maintain Private Recreational Facilities at the Township 9 Planned Unit Development (PUD).
Contact: Brianna Moland, Associate Planner, (916) 808-6188, [email protected]; Dana Repan, Senior Planner, (916) 808-2762, [email protected], Youth, Parks, & Community Enrichment Department
Presenter: None
Attachments:
1-Description/Analysis
2-Private Facilities Recreation Credit Agreement
3-Attachment A
4-Attachment B
5-Attachment C
6-Resolution
Description/Analysis
Issue Detail: The Department of Youth, Parks, & Community Enrichment (YPCE) recommends approving the agreement to construct and maintain private recreation facilities at Township 9 (P06- 047) as credit toward the parkland dedication requirement. The Township 9 Planned Unit Development (PUD) covers a total of 65 acres located between North 5 th Street and North 7th Street,
at Township 9 Avenue. The Township 9 PUD is located within the River District Special Planning District in Council District 3.
City of Sacramento Page 1 of 3
City of Sacramento
City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01307 8/9/2022 Consent Item 23.
The Township 9 PUD property owner is proposing to construct and maintain privately owned open space and recreational facilities in exchange for credits against the parkland dedication requirement under sections 17.512.090 and 17.512.100 of Sacramento City Code for the benefit of Township 9 PUD residents. The Township 9 PUD allowed for 2,350 residential units, of which 180 units have been built. The parkland dedication requirement for the remaining 2,170 units, which is based on
1.75 acres per 1,000 population, is 8.03 acres. The property owner is seeking a credit of 2.01 acres against the required parkland dedication of 8.03 acres.
The obligation to construct and maintain the private recreation facilities at Township 9 PUD will be enforced by recording the agreement with the final map. The private recreational facilities include a pool, community clubhouse, a plaza area, a courtyard, and an open space paseo.
Policy Considerations: Providing parks and recreation facilities is consistent with the City’s strategic plan to enhance livability in Sacramento’s neighborhoods by expanding park, recreation, and trail facilities throughout the City.
Economic Impacts: Not Applicable.
Environmental Considerations: Sacramento City Council found that the Environmental Impact Report for the Township 9 PUD Project which consists of the Draft EIR and the Final EIR (Response to Comments) has been completed in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Sacramento Local Environmental Procedures. The City of Sacramento filed a Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code on August 29, 2007. No further environmental review is required for the proposed actions.
Sustainability: Not Applicable.
Commission/Committee Action: Not Applicable.
Rationale for Recommendation: Plans for the private recreation facilities have been prepared by the developer with input from City of Sacramento staff.
Financial Considerations: There are no financial considerations associated with this report as the recreational facilities will be constructed by the developer and maintained by the Homeowners Association.
Local Business Enterprise (LBE): Not Applicable.
City of Sacramento Page 2 of 3
File ID: 2022-01307 8/9/2022 Consent Item 23.
City of Sacramento Page 3 of 3
AGREEMENT TO CONSTRUCT AND MAINTAIN
PRIVATE RECREATIONAL FACILITIES
Record for the benefit of
the City of Sacramento
Recording Fee Exempt
Per Government Code
Section 6103
When Recorded,
Mail to:
Office of the City Clerk
New City Hall
915 “I” Street, 5th Floor
Sacramento CA 95814
______________________________________________________________________________ (Space above this line for recorder’s use)
AGREEMENT TO CONSTRUCT AND MAINTAIN
PRIVATE RECREATIONAL FACILITIES
(Sacramento City Code Chapter 17.512)
Township 9 (P06-047)
This Agreement to Construct and Maintain Private Recreational Facilities (“Agreement”) is made as of ______________, 2022, by and between the City of Sacramento, a municipal corporation, (“City”) and 29SC T9 Phase A Property Owner LLC, a Delaware Corporation, (“Owner”).
BACKGROUND
A. Owner is the developer and owns that real property in the City of Sacramento which is described in Exhibit A - Legal Description for Private Park Property, which is attached and incorporated herein by reference (“the Property”).
B. Owner has obtained approval from City of a Tentative Subdivision Map for the development project known as Township 9 (the “Project”). The Project is subject to certain conditions relating to the dedication of parkland and/or the payment of in-lieu fees for park and recreational facilities to serve the Project residents pursuant to Sacramento City Code Chapter 17.512.
C. Owner has proposed to construct and maintain privately owned open space and/or recreational facilities on the Property for the benefit of the Project residents. Credits for private recreation facilities may be granted against the amount of parkland dedication and in- lieu fee requirements under sections 17.512.090 and 17.512.100 of Chapter 17.512 of the City
AGREEMENT TO CONSTRUCT AND MAINTAIN
PRIVATE RECREATIONAL FACILITIES
Code.
D. The Project consists of 2,350 multi-family residential units. City has agreed to grant 2.01 acres of parkland dedication credits for the following improvements to be constructed on the Property by Owner:
The Owner shall construct a clubhouse, pool, spa, courtyard with picnic and barbecue areas, fire pits, paseo and plaza areas (the “Private Recreational Facilities”) with the amenities as described in Exhibit B, which is attached and incorporated herein by reference.
E. Granting of the parkland dedication credits is conditioned on Owner entering into an agreement with City providing that the Private Recreational Facilities shall be constructed on the Property and adequately maintained in perpetuity, use of Property where the Private Recreational Facilities are located shall be permanently limited to park and recreation purposes, and the Private Recreational Facilities shall not be removed nor shall use of that portion of the Property be changed in the future without the express written consent of the City Council.
F. Owner and City enter into this Agreement to provide for the construction, maintenance, and use of the Private Recreational Facilities and the granting of the parkland dedication credits pursuant to City Code Chapter 17.512.
AGREEMENT
NOW, THEREFORE, based on the Background information, the parties agree as follows:
1. Owner shall construct the Private Recreational Facilities as described in Exhibit B to the satisfaction of the City’s Youth, Parks & Community Enrichment Department Director.
Construction of the Private Recreational Facilities on Lots 7 and 10 of the Tentative Subdivision Map, a copy of which is attached as Exhibit C, shall be substantially completed no later than ___ months following the issuance of occupancy permits for residential units on the same or adjacent lots 7, 8, and 10.
2. City hereby grants to Owner a credit of 2.01 acres against the required parkland dedication requirements of 8.03 acres and payment of in-lieu fees of $3,468,528 in accordance with Chapter 17.512 of the City Code.
3. Owner, its transferees, successors and assigns, during their respective periods of ownership of the Property, shall in perpetuity maintain the Private Recreational Facilities in good repair and condition and in compliance with all applicable City Code requirements. City acknowledges and agrees that Owner may, after completion of construction the Private Recreational Facilities, convey the Property to a homeowners association (HOA) formed for ownership of the Project’s common areas. This Agreement shall bind in perpetuity the obligation of the HOA to maintain the Private Recreational Facilities in good repair and
AGREEMENT TO CONSTRUCT AND MAINTAIN
PRIVATE RECREATIONAL FACILITIES
condition and in compliance with all applicable City Code requirements, and to comply with all of the provisions of this Agreement.
4. Owner, its transferees, successors and assigns shall in perpetuity (a) allow use of the Private Recreational Facilities by the residents of the Project, and (b) shall not alter, change, or remove the Private Recreational Facilities without the express written consent of the City Council.
5. The provisions of this Agreement are in furtherance of and satisfy the conditions of approval of the Project. A breach of this Agreement shall be an abrogation of the contractual agreement that arises from the conditions of approval of the Tentative Subdivision Map and the Final Subdivision Map or Parcel Map for the Project, and shall render Owner and its transferees, successors, heirs, and assigns liable to City under the Subdivision Map Act (Government Code section 66410 et seq.), City Code Chapter 17.512, and any other applicable state and local ordinances and statutes. The provisions of this Agreement are covenants which will run with the land and will be binding in perpetuity on all parties having or acquiring any right, title, or interest in the Property, including a homeowners association or other legal entity that assumes any right, title, or interest in the Private Recreational Facilities constructed by Owner, or its transferees, successors and assigns, and will inure to the benefit of City in furtherance of the public welfare.
6. Should Owner, or its transferees, successors and assigns, during their respective periods of ownership of the Property, breach this Agreement, City may seek injunctive relief to enforce this Agreement, or may, at City’s option, recover from Owner, or its transferees, successors and assigns, as applicable, the sum of $867,132 ($360,000 per acre x 2.01 acres x
1.2) with interest thereon from the date of this Agreement until the date of payment, which sum represents the amount of the City’s Quimby parkland in-lieu fee under Chapter 17.512 of the City Code that would otherwise have been payable to City in the absence of this Agreement. Interest shall be calculated at the average rate earned during that period by City’s Pool A or such other average rate earned by City on its general investments during that period.
7. In any legal action brought by either party to enforce the terms of this agreement, the prevailing party is entitled to all costs incurred in connection with such an action, including reasonable attorney fees.
8. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected; provided that the intent of the Agreement may then be reasonably fulfilled.
9. No waiver by the City of any breach of or default by Owner, or its transferees, successors and assigns, under this Agreement shall be deemed to be a waiver of any other or subsequent breach or default.
10. This Agreement shall be recorded by the City Clerk in the Office of the Sacramento County Recorder.
AGREEMENT TO CONSTRUCT AND MAINTAIN
PRIVATE RECREATIONAL FACILITIES
11. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute the same instrument.
This Agreement has been entered as of the date first above written.
CITY OF SACRAMENTO
By: _______________________
____Mario Lara________, Director
Youth, Parks & Community Enrichment Department
For: Howard Chan, City Manager
APPROVED AS TO FORM:
By: _________________________
Senior Deputy City Attorney
ATTEST:
By: ________________________
Assistant City Clerk
OWNER
By: _______________________
Name:
Title:
NOTARIZATION REQUIRED
AGREEMENT TO CONSTRUCT AND MAINTAIN
PRIVATE RECREATIONAL FACILITIES
ACKNOWLEDGMENT
State of California )
) ss.
COUNTY OF _______________ )
On before me, __________________________________________________, (here insert the name and title of the officer)
personally appeared
________________________________________________________________, who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity ( ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALITY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________________ (Seal)
AGREEMENT TO CONSTRUCT AND MAINTAIN
PRIVATE RECREATIONAL FACILITIES
ACKNOWLEDGMENT
State of California )
) ss.
COUNTY OF _______________ )
On before me, _________________________________________________, (here insert the name and title of the officer)
personally appeared
________________________________________________________________, who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity ( ies), and t hat by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALITY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________________ (Seal)
AGREEMENT TO CONSTRUCT AND MAINTAIN
PRIVATE RECREATIONAL FACILITIES
EXHIBIT A
Legal Description for Private Park Property
AGREEMENT TO CONSTRUCT AND MAINTAIN
PRIVATE RECREATIONAL FACILITIES
Exhibit B
Description of Private Recreational Facilities
AGREEMENT TO CONSTRUCT AND MAINTAIN
PRIVATE RECREATIONAL FACILITIES
Exhibit C
Tentative Subdivision Map Depicting Private Park Site
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Np:\2262\226219-0000063.01 - township 9\survey\legals\63-01_dr1_legal.doc EXHIBIT “A”
LEGAL DESCRIPTION
TOWNSHIP 9 HOUSING - PHASE 1
DESIGNATED REMAINDER 1 PASEO & PLAZA
Those certain parcels of land situated in the City of Sacramento, County of Sacramento, State of California, being a portion of Designated Remainder 1 as shown on Township 9 Housing – Phase 1, Subdivision No. P20-030, more particularly described as follows:
PARCEL 1 (PASEO)
BEGINNING at the centerline intersection of North 6 th Street (70.00 feet wide) and Cannery Avenue (70.00 feet wide); thence, along the prolongation of the centerline of Cannery Ave., North 71°31’05” West 35.00 feet to the northwesterly Right of Way of North 6 th Street to the TRUE POINT OF BEGINNING;
Thence, southwesterly along said Right of Way, South 18°28’55” West 20.00 feet; thence, leaving said northwesterly Right of Way, North 71°31’05” West 296.77 feet to the easterly Right of Way of North 5th Street; thence northeasterly along said easterly Right of Way of North 5 th Street North 18°29’58” East
40.00 feet; thence, leaving said easterly Right of Way, South 71°31’05” East 296.76 feet to the northwesterly Right of Way of North 6 th Street; thence, southwesterly along said Right of Way, South 18°28’55” West 20.00 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 11,871 SQ FT, more or less.
PARCEL 2 (PLAZA)
BEGINNING at the centerline intersection of North 6 th Street (70.00 feet wide) and Cannery Avenue (70.00 feet wide); thence, along the prolongation of the centerline of Cannery Ave., North 71°31’05” West 35.00 feet to the northwesterly Right of Way of North 6 th Street; thence, northeasterly along said Right of Way of said North 6 th Street, North 18°28’55” East 248.47 feet to the TRUE POINT OF BEGINNING.
thence, continuing along said northwesterly Right of Way, North 18°28’55” East 4.51 feet to the beginning of tangent curve concave southwesterly having a radius of 82.00 feet; thence, northwesterly along the arc of said curve through a central angle of 81°36’13”, an arc distance of 116.79 feet; thence, leaving said northwesterly Right of Way of North 6
th Street, South 18°28’55” West 85.64 feet; thence,
South 71°31’05” East 70.03 feet to the northwesterly Right of Way of North 6 th Street and the TRUE POINT OF BEGINNING.
CONTAINING: 4,619 SQ FT, more or less.
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Np:\2262\226219-0000063.01 - township 9\survey\legals\63-01_dr1_legal.doc SUBJECT TO all covenants, rights, rights-of-way and easements of record.
EXHIBIT “B” is attached and made a part hereto.
_____________________________________________________
Joel F. Paulson , PLS 6637 License Expires: 3-31-23
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Np:\2262\226219-0000063.01 - township 9\survey\legals\63-01_lot 2_legal.doc EXHIBIT “A”
LEGAL DESCRIPTION
TOWNSHIP 9 HOUSING - PHASE 1
LOT 2 AMENITY AREAS POOL, BUILDING & COURTYARD
Those certain parcels of land situated in the City of Sacramento, County of Sacramento, State of California, being a portion of Lot 2 as shown on Township 9 Housing – Phase 1, Subdivision No. P20- 030, more particularly described as follows:
PARCEL 1 (POOL AREA)
BEGINNING at the centerline intersection of Chill Avenue (70.00 feet wide) and Scalehouse Street (70.00 feet wide); thence, southeasterly along the centerline of said Chill Avenue, South 71°31’05” East
50.65 feet; thence, leaving the centerline of Chill Avenue centerline North 18°28’55” East 35.00 feet to the northeasterly Right of Way of said Chill Avenue, said point being the TRUE POINT OF BEGINNING;
thence, northwesterly along said Right of Way, North 71°31’05” West 36.87 feet; thence North 28°33’40” West 96.34 feet to a point herein after referred to as POINT “A” ; thence leaving said northeasterly Right of Way North 61°17’12” East 90.14 feet; thence North 28°32’42” West 8.20 feet; thence North 61°29’48” East 20.28 feet; thence South 73°33’53” East 39.81 feet; thence South 17°57’27” West 61.22 feet; thence North 71°33’41” West 3.08 feet; thence South 17°50’39” West 92.40 feet to northeasterly Right of Way of Chill Avenue and the TRUE POINT OF BEGINNING.
CONTAINING: 10,843 SQ FT, more or less
PARCEL 2 (AMENITY BUILDING)
BEGINNING at the above POINT ‘A’; thence, leaving said northeasterly Right of Way, North 61°17’12” East 90.14 feet; thence North 28°32’42” West 8.20 feet; thence North 61°29’48” East 20.28 feet; thence South 73°33’53” East 39.81 feet; thence North 17°57’27” East 76.94 feet; thence North 46°39’54” West 44.30 feet to the southeasterly Right of Way of North 6 th Street (114.00 feet wide); thence southwesterly along said Right of Way, South 61°27’18” West 171.64 feet; thence South 16°26’20” West 12.73 feet to the northeasterly Right of Way of Chill Ave (70.00 feet wide); thence along said Right of Way South 28°33’40” East 66.29 feet to the POINT OF BEGINNING.
CONTAINING: 13,915 SQ FT, more or less.
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Np:\2262\226219-0000063.01 - township 9\survey\legals\63-01_lot 2_legal.doc
PARCEL 3 (COURTYARD)
BEGINNING at the centerline intersection of Chill Avenue (70.00 feet wide) and Scalehouse Street (70.00 feet wide); thence, southeasterly along the centerline of said Chill Avenue, South 71°31’05” East
50.65 feet; thence leaving said Chill Avenue centerline North 18°28’55” East 35.00 feet to the northerly Right of Way of said Chill Avenue; thence North 17°50’39” East 78.02 feet; thence South 73°38’58” East 14.45 feet to the TRUE POINT OF BEGINNING;
thence North 19°21’07” East 84.93 feet; thence South 71°31’03” East 160.99 feet; thence South 18°28’49” West
84.92 feet; thence North 71°31’05” West 162.28 feet to THE TRUE POINT OF BEGINNING.
CONTAINING: 13,726 SQ FT, more or less.
SUBJECT TO all covenants, rights, rights-of-way and easements of record.
EXHIBIT “B” is attached and made a part hereto.
_____________________________________________________
Joel F. Paulson , PLS 6637 License Expires: 3-31-23
NO
PARKING
VAN EV
C C C C C
C C C C C
C
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NO PARKING
EV
VAN
EV
FUTURE EV
M
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BLDG. 2.B36 UNITS
BLDG. 1.F24 UNITS
BLDG. 2.E36 UNITS
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FUTURE EV
M
DCDA
C
T
C
C
C
C
C
C
C
C
C
C
C
C
C
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N 5TH ST
N 5TH ST
CHILL AVE
N 6TH ST
VINE ST
CANNERY AVE
TOWNSHIP NINE AVE
N 6TH STREET
CHILL AVECANNERY AVE
TOWNSHIP NINE AVE
SCALEHOUSE ST
N 7TH ST N 7TH ST
SCALEHOUSE ST
T
T
S
SD
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C C C CC C C
C C C CC C C
EV EV
EV
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BLDG. 2.D36 UNITS
BLDG. 1.C24 UNITS
BLDG. 1.A24 UNITS
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NO PARKING
VAN
NO PARKING
VAN EV
EV
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FUTURE EV
FUTURE EV
T
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NO PARKING
M
DCDA
C
C
C
C
C
C
M
DCDA
GM
D
D
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CLUBHOUSE
M
UP
UP
UP
UPDN
UP
DN
16.0%
M
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ADA
B B B B
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LL
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L
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?
Township 9 Exhibit B
Data Table
Lot 7 Paseo
Lot 7 Plaza
Lot 10 Courtyard Lot 10 Amenity
Building Pool Area
Lot 10 Amenity Building
0120'240'
Scale: 1" = 120'-0"NORTH
Works:
Administrator:
PROJECT SITE
SRC DATE: 2/15/2021
Public
Zarah N. Lacson
Zarah N. Lacson (May 27, 2021 11:21 PDT)
Zoning
Evan Compton
Evan Compton (May 27, 2 021 12:29 PDT)
3/31/22
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
APPROVING THE TOWNSHIP 9 AGREEMENT FOR CREDIT TO
CONSTRUCT AND MAINTAIN PRIVATE RECREATIONAL FACILITIES
BACKGROUND
A. The Township 9 Planned Unit Development (PUD) consists of 65 acres located between North 5th Street and North 7th Street, at Township 9 Avenue. The Township 9 property owner is proposing to construct and maintain privately owned open space and recreational facilities for the benefit of Township 9 PUD residents. The site is located within the River District Special Planning District in Council District 3.
B. The Township 9 Private Recreational Facilities Credit Agreement has been prepared. The property owner is seeking a credit of 2.01 acres against the required parkland dedication of 8.03 acres.
C. The Township 9 PUD property owner will construct and maintain the privately owned open space and recreational facilities with credits against the parkland dedication and in-lieu fee requirement under sections
17.512.090 and 17.512.100 of Sacramento City Code Chapter 17.512.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The Township 9 Agreement for credit to construct and maintain private recreational facilities at the Township 9 Planned Unit Development is hereby approved.