TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PUBLIC WORKS DIRECTOR
SUBJECT
title
Chino Preserve Development Corporation - Final Map, Subdivision Improvement Agreement, and Development Impact Fee Construction Credit/Reimbursement Agreement for Tract Map No. 16420-8 (Block 8 and a Portion of Block 6), bounded by Pine Avenue to the north, Main Street to the east, Legacy Park Street to the south, and West Preserve Loop to the west.
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RECOMMENDATION
1) Approve Final Tract Map No. 16420-8; 2) approve the Subdivision Improvement Agreement and associated securities with Chino Preserve Development Corporation for Tract Map No. 16420-8; 3) approve a Development Impact Fee Construction Credit/Reimbursement Agreement with Chino Preserve Development Corporation for the construction of master-planned facilities associated with Tract Map No. 16420-8; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
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FISCAL IMPACT
There is no direct fiscal impact to the City.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Public Service Excellence Through Internal & External Partnerships
BACKGROUND
In 2008, the City’s Planning Commission approved an “A” level Master Site Approval and Tentative Tract Map No. 16420 to subdivide 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona Road for what is known as the South of Pine area in The Preserve. An "A" level master site development plan is a preliminary, conceptual plan for a large-scale land development project. The purpose of the original Master Site Approval was to establish large parcels, and phase major backbone street systems for both future residential and non-residential development within the master plan area.
On February 23, 2022, the City’s Planning Commission conditionally approved a Development Modification to the Master Site Approval and Tentative Tract Map No. 16420. The modification removed the phased development concept originally approved, divided the larger land area into smaller lots to be reconveyed for development, and established improvement areas for future development. It is important to note that the Developer modification also incorporated conditions of approval for improvements along Pine Avenue for associated developments within the larger project area to help facilitate needed improvements to the area.
Subsequently, on May 15, 2024, the Planning Commission approved a 39.29-acre Master Site Approval for the future development of 866 residential units (644 for-rent and 222 for-sale) at an overall density of 22.04 dwelling units per acre. The approved project includes varying housing product types and a 0.34-acre pocket park within the Community Core 16 (CC-16), High Density Residential 16 (HDR-16), and High Density Residential 30 (HDR-30) land use designations. The project area is generally bounded by Pine Avenue to the north, Main Street to the east, Legacy Park Street to the south, and West Preserve Loop to the west, as depicted in Exhibit A.
The approved project area is being further subdivided through Tentative Tract Map No. 16420-8, encompassing Block 8 in its entirety and a portion of Block 6, to establish separate legal lots that may be conveyed, transferred, financed, sold, or held under separate ownership. The subdivision provides the legal framework necessary to support phased development and implementation of the previously approved residential community.
The COA for this project requires construction of public improvements including, but not limited to, curb, gutter, sidewalk, curb ramps, streetlights, asphalt concrete pavement, median island and parkway landscaping, intersection and traffic signal improvements, as well as sewer, water, recycled water, and drainage infrastructure improvements. To guarantee completion of the required public improvements, the developer is required to enter into a Subdivision Improvement Agreement (SIA) with the City and provide the necessary securities in accordance with City requirements. All costs associated with the construction and implementation of the required public improvements shall be borne solely by the developer.
Additionally, certain required public improvements are identified as master-planned facilities within the City’s Preserve Development Impact Fee (“DIF”) Program. Pursuant to the City’s DIF Ordinance, when a developer is required, as a condition of approval, to construct a facility included in the applicable DIF Nexus and Calculation Report, the developer may be eligible for DIF credits and/or reimbursement for eligible costs. Accordingly, a Construction Credit/Reimbursement Agreement is required to establish the terms for the applicable DIF credits and reimbursement.
ISSUES/ANALYSIS
The conditions established at the time of Site Approval have been satisfied through execution of the SIA for Tract Map No. 16420-8 and the posting of required securities guaranteeing construction of the public improvements associated with Block 8 and a portion of Block 6. The City Attorney has reviewed and approved the SIA and associated securities as to form.
Additionally, upon final acceptance of the public improvements, the Developer will submit supporting cost documentation to the City. The City Engineer will review the final approved “as-built” plans, specifications, and supporting documentation to determine the costs eligible for DIF credit and/or reimbursement in accordance with the DIF Construction Credit/Reimbursement Agreement, attached as Exhibit C.
Following approval of the final cost accounting, staff will return to the City Council to appropriate the necessary funds for reimbursement and authorize the application of applicable DIF credits until the City’s obligations under the Agreement have been fulfilled.
Attachments:
Exhibit A - Vicinity Map Tract Map No. 16420-8
Exhibit B - Subdivision Improvement Agreement
Exhibit C - Construction Credit & Reimbursement Agreement
Exhibit D - Final Map