CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

Page 2 of 4 BACKGROUND On October 17, 2006, the City Council approved the Initial Study/Negative Declaration, General Plan Amendment, Rezoning, and draft Ordinance associated with PUD-58. On November 7, 2006, the City Council adopted Ordinance No. 1942 and PUD-58, a Planned Unit Development (PUD) by Charles and Scott Austin to construct subdivision improvements associated with Tract 7813. On May 23, 2007, Planning Commission Resolution PC-2007-25 also approved Vesting Tentative Tract Map 7813. On September 19, 2014, the City entered into a Development Agreement with Charles, Scott, and Ian Austin (Document No. 2014-299747) that extended the duration of the City approval and memorialized fees to be imposed on the development. On the same day, the Austins deeded a 22-acre open space parcel to the City (Document No. 2014-299746). On May 18, 2018, the Austins transferred ownership of the eight-acre development parcel to Sun Meadowlark LLC, which assumed all City obligations associated with Tract 7813 (Document No. 2018-098946). On March 3, 2020, the City Council approved the final map for Tract 7813 (Book 363 of Maps at Pages 33-36), a Subdivision Agreement, and an Easement and Maintenance Agreement (Document No. 2020-205279) with Sun Meadowlark LLC. On the same day, Sun Meadowlark LLC entered into a Subdivision Agreement with the City that defined the subdivider’s obligations. On June 22, 2020, Sun Meadowlark LLC entered into a Stormwater Treatment Measures Inspection and Maintenance Agreement (Document No. 2020-205277) that memorialized the subdivider’s obligations with respect to stormwater management. On August 18, 2020, the City Council authorized the City Manager to grant a private utility easement with maintenance and relocation covenant across the City-owned open space parcel for the benefit of adjoining property owners Michael and Jennifer Segundo. On August 20, 2020, the subdivider recorded a Declaration of Covenants, Conditions, and Restrictions of Sun Meadowlark Estates, a homeowner’s association (Document No. 2020- 205278). On March 3, 2022, the City and Sun Meadowlark LLC executed a First Amendment to Subdivision Agreement that extended the agreement for an additional one-year term. On March 3, 2023, the City and Sun Meadowlark LLC executed a Second Amendment to Subdivision Agreement that extended the agreement for an additional one-year term. DISCUSSION Tract 7813 constructed Kingbird Court, a public cul-de-sac that extends west from Foothill Road near the Alviso Adobe Community Park. The cul-de-sac includes City-operated public utilities (water, sanitary sewer, and storm drainage) as well as sidewalks and streetlights. A Page 211 of 270