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CITY COUNCIL AGENDA ITEM NO. 27

REVISED - DRAFT 3/29/01

Meeting Date: 

Subject/Title: Draft Outline of Residential Growth Management Program 

Prepared by: Mitch Oshinsky, AICP, Community Development Director

Approved by: 


RECOMMENDATION
That Council discuss the Draft Outline, and direct staff to move forward with preparation of the full Program.

PREVIOUS ACTION
None

BACKGROUND
This item is being brought forward by Mayor McPoland. The purpose and intent of the Residential Growth Management Program (RGMP), is to moderate the effects of growth, and synchronize residential growth with infrastructure and total population available under the City’s General Plan. Due to concerns with rapid development and Growth, the City Council has directed an Update of the City’s General Plan Land Use, Growth Management and Circulation Elements. The existing 1993 General Plan provides for a population of over 90,000 at buildout. The General Plan Amendment currently underway proposes to reduce the buildout population to approximately 75,000. This reduction is being considered in conjunction with certain Growth Management techniques to determine the amount, type and rate of development desired by the community. The RGMP is one of those Growth Management techniques. 

APPLICABILITY:
The RGMP applies to all residential development in the City’s Planning Area, including subdivision maps. No residential development, other than that exempted below, shall be undertaken, and no applications for required discretionary approvals or building permits shall be accepted for processing or issued, unless the development has been approved in accordance with the RGMP, and received an Allocation. 

EXEMPTIONS:
The following is exempt from the Allocation Process, and will not be subtracted from the total dwelling unit allocation available, unless otherwise indicated:

1. Affordable housing developments.

The following are exempt from the Allocation Process, but will be subtracted from the total dwelling unit allocation available, unless otherwise indicated:

1. Projects which have an approved Tentative or Final Map, Building Permit or other City entitlement, or development agreement, prior to the date of adoption of the RGMP;

2. Parcel Maps for up to four units; 

3. Development of up to four new dwelling units on an existing residential lot of record;

4. Up to four additional units on a lot zoned to accommodate up to a maximum total of four units, and which already contains one existing unit;

5. A residential Second Unit (as defined by State law) on an existing residential lot, subject to compliance with the Zoning Ordinance;

6. Modifications to existing properties that do not increase the number of dwelling units;

7. Replacement housing on a one for one basis (ie., one unit replaced for each legally existing unit destroyed or demolished). Replacement units will NOT be deducted from the Annual Allocation Schedule because no new units are being created;

8. Residential care facilities with units which are non-self-sufficient units; that is, they do not include kitchen facilities (if a project includes both self-sufficient and non-self-sufficient units, only the latter are exempt. Non-self-sufficient residential care units will NOT be deducted from the Annual Allocation Schedule because they are similar to a convalescent home and are not considered to be a dwelling unit); and

9. If a residential development receives an Annual Allocation and all other City entitlements to develop, and that development, pursuant to California Government Code Section 65915 is subject to the State mandate that the City provide the developer a density bonus, the bonus units over and above the permitted mid-range density will NOT be deducted from the Annual Allocation Schedule.

RGMP PROCESS
Applications for dwelling unit allocations will be accepted, and allocations made on a fiscal year, annual quarterly basis, beginning in July. Following is the general schedule for the RGMP Allocation Process:

1. July 30 – First quarterly filing deadline for Allocation applications.

2. September – RGMP Evaluation Committee review and recommendations to Planning Commission. Planning Commission public hearing for recommendations to City Council. 

3. October – City Council public hearing to make allocations. 

4. October 30 – Second quarterly filing deadline for Allocation applications.

5. December - RGMP Evaluation Committee review and recommendations to Planning Commission. Planning Commission public hearing for recommendations to City Council.

6. January - City Council public hearing to make allocations. 

7. January 30 – Third quarterly filing deadline for Allocation applications. 

8. March - RGMP Evaluation Committee review and recommendations to Planning Commission. Planning Commission public hearing for recommendations to City Council.

9. April - City Council public hearing to make allocations. 

10. April 30 – Fourth quarterly filing deadline for Allocation applications. 

11. June - RGMP Evaluation Committee review and recommendations to Planning Commission. Planning Commission public hearing for recommendations to City Council.

12. July - City Council public hearing to make allocations. 

Application for allocations will be evaluated in accordance with the evaluation process described below. Application materials that must be filed are specified in the Applicant’s Guide to the RGMP. The applicant shall also submit the fee specified in the Planning Division’s approved fee schedule for an Allocation.

Planning staff will evaluate each Allocation application which has been filed. The Community Development Director will then review each application with an RGMP Evaluation Committee as appointed by the City Council, consisting of two Councilmembers and two Planning Commissioners. The Committee will then forward a recommendation to the Planning Commission for their consideration. The Commission will review and evaluate each Allocation application at a public hearing. A recommendation will be made by the Commission to the City Council regarding whether the application should receive an Allocation, and the number of dwelling units that should be granted.

The City Council will evaluate the Allocation applications at a public hearing and make it’s decision regarding whether a project should be granted an Allocation, and the number of dwelling units that shall be granted to that project.

ALLOCATION EVALUTION CRITERIA 
The staff, Planning Commission and City Council shall evaluate each Allocation application against the following Allocation Evaluation Criteria, and rate each on a point basis, in order to determine whether to grant an Allocation. A project would have to achieve a score of at least 80%, or 156 points, out of the 195 total points available to receive an allocation:

1. Does the project provide housing for a range of incomes and lifecycles? Does it include a minimum of 15% of housing affordable to low or very low income households through inclusionary housing, and/or affordable housing for low or very low income: seniors (as defined in Civil Code Section ____); the disabled; accredited school teachers; and/or agricultural farm workers (Up to 50 points possible). 

Inclusionary Housing is defined as affordable housing units which are reasonably dispersed throughout a project, and the units shall be comparable to market rate units in exterior appearance, materials and finished quality. The affordable units shall consist of a reasonable mix of unit models. However, affordable unit interior amenities need not be the same as market rate units. Affordable units shall be constructed prior to or concurrent with market rate units. If a project has been approved in phases, then the affordable units shall be provided equally within each phase. Affordable units shall be established by the developer through necessary legal steps to assure continued affordability over 50 years from initial occupancy, through deed restrictions, wrap-around financing, land sale of contracts, or other means acceptable to the City Attorney and Community Development Director. 

For rental units, the affordable units shall be made available to very low and low income households. For developments with for sale units, the affordable units shall be made available to low income households. For renters and owners, affordable housing expense is defined as 34% of gross income (rent and utilities for renters; for owners - principal, interest, property taxes, property insurance, and other associated expenses such as association membership fees, maintenance expenses, property mortgage insurance). Affordable unit sales price or rental rate shall be as established by the U.S. Department of Housing and Urban Development (HUD), and as published by the California Housing and Community Development Department for Contra Costa County, where Very Low Income is defined as between 30% and 50% of the median income, adjusted for family size. Low Income is defined as between 50% and 80% of the area median income, adjusted for family size. The following chart illustrates current affordable housing expense by income group:

Current Affordable Housing Expense By Family Income (based on a family of 4)

Income Level Income Limits Affordable Housing Expense Per Month
(annual) (annual income limit X 34% divided by 12)

Very Low $33,800 $958

Low $50,200 $1,422

2. Does the project provide on-site and/or off-site amenities through a Development Agreement (other than standard requirements and improvements) which are desirable for the City as a whole? (Up to 30 points possible).

3. Does the project propose to rehabilitate existing units in the City and make them available for very low or low income households? (Up to 20 points possible).

4. Does the project incorporate energy efficient design, layout, landscaping, construction and materials of an active or passive nature, which exceed those otherwise required by Title 24? (Up to 20 points possible).

5. Does the project propose to develop job generating land uses, or otherwise assist economic development, in conjunction with the development of dwelling units? (Up to 20 points possible).

6. Is the project proposed for a site which is considered to be in-fill? That is, is the project site surrounded on at least two sides by either already developed or developing projects, or sites already approved for subdivision or development, or sites which have a population allocation? (Up to 15 points possible).

7. Does the project demonstrate high quality, innovative design and product type, demonstrate maximum provisions for pedestrian and bicycle use, and reflect progressive planning principles such as Smart Growth, Neotraditional design, and/or the Ahwanee Principles? (Up to 15 points possible).

8. Is the project proposed for a location which has been identified by the City as being particularly prioritized for development or redevelopment, such as the Downtown, Northeast Brentwood, or along the Highway 4 Bypass? (Up to 15 points possible).

9. Is the project a continuing project – a second or later phase of a multi-phase project where construction has begun on at least one previous phase and public improvements have been started? (Up to 10 points possible).

RGMP ANNUAL ALLOCATION SCHEDULE
The baseline date for the RGMP shall be July 2001 (the year the RGMP became effective). The RGMP Annual Allocation Schedule will run with the City’s fiscal year from July 1 to June 30. The Annual Allocation which may be granted each fiscal year will be consistent with the annual number of dwelling units necessary to promote the public health, safety and welfare by maintaining the small town character and quality of life of Brentwood, and it’s open spaces and generally low density of population, and to grow at an orderly, well planned and deliberate pace. The RGMP Annual Allocation will be above the City’s appropriate share of the regional need for housing, now estimated by the Association of Bay Area Governments (ABAG) as of July 2000, at 543 units average per year. The City’s specific housing programs and activities being undertaken to fulfill the requirements of the State Housing Element Law are set forth in the City’s Housing Element (as approved by the State), and those programs and activities are hereby incorporated by reference. The fiscal resources available to the City are contained within the City’s adopted General Budget and Capital Improvement Program Budget. The City’s environmental resources are listed in the City’s General Plan Environmental Impact Report. The Annual Allocation is set at 650 units per year. 

RGMP BUILDOUT PROJECTION 
The term of the General Plan is 20 years. The estimated current population of Brentwood as of 12/00 is 22,000. As of 1/1/01, there are 5,696 dwelling units approved but not built. At 2.86 persons/household that equals 16,290 people. Therefore, existing plus approved but not built population is estimated to total 38,290. The General Plan Update Preferred Alternative Population at buildout is 75,790. Subtracting 38,290 from 75,790 yields a potential population remainder of 37,500. 650 dwelling units per year, at 2.86 persons, equals an 1,859 person population increase each year. If 650 units are built each year, it is estimated that Brentwood would reach it’s Preferred Alternative Population of 75,790 in just over 20 years. 

City Council Agenda Item # 27

Meeting Date: February 13, 2001

Subject/Title: Draft Outline of Residential Growth Management Program 

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: Jon Elam, City Manager



RECOMMENDATION
That Council discuss the Draft Outline, and direct staff to move forward with preparation of the full Program.

PREVIOUS ACTION
None

BACKGROUND
This item is being brought forward by Mayor McPoland. The purpose and intent of the Residential Growth Management Program (RGMP), is to moderate the effects of growth, and synchronize residential growth with infrastructure and total population available under the City’s General Plan. Due to concerns with rapid development and Growth, the City Council has directed an Update of the City’s General Plan Land Use, Growth Management and Circulation Elements. The existing 1993 General Plan provides for a population of over 90,000 at buildout. The General Plan Amendment currently underway proposes to reduce the buildout population to approximately 75,000. This reduction is being considered in conjunction with certain Growth Management techniques to determine the amount, type and rate of development desired by the community. The RGMP is one of those Growth Management techniques. 

APPLICABILITY:

The RGMP applies to all residential development in the City’s Planning Area, including subdivision maps. No residential development, other than that exempted below, shall be undertaken, and no applications for required discretionary approvals or building permits shall be accepted for processing or issued, unless the development has been approved in accordance with the RGMP, and received an Allocation. 

EXEMPTIONS:

The following is exempt from the Allocation Process, and will not be subtracted from the total population available, unless otherwise indicated:

1. Affordable housing developments.

The following are exempt from the Allocation Process, but will be subtracted from the total population available, unless otherwise indicated:

1. Projects which have an approved Tentative or Final Map, Building Permit or other City entitlement, or development agreement, prior to the date of adoption of the RGMP;

2. Parcel Maps for up to four units; 

3. Development of up to four new dwelling units on an existing residential lot of record;

4. Up to four additional units on a lot zoned to accommodate up to a maximum total of four units, and which already contains one existing unit;

5. A residential Second Unit (as defined by State law) on an existing residential lot, subject to compliance with the Zoning Ordinance;

6. Modifications to existing properties that do not increase the number of dwelling units;

7. Replacement housing on a one for one basis (ie., one unit replaced for each legally existing unit destroyed or demolished). Replacement units will NOT be deducted from the Annual Allocation Schedule because no new units are being created;

8. Residential care facilities with units which are non-self-sufficient units; that is, they do not include kitchen facilities (if a project includes both self-sufficient and non-self-sufficient units, only the latter are exempt. Non-self-sufficient residential care units will NOT be deducted from the Annual Allocation Schedule because they are similar to a convalescent home and are not considered to be a dwelling unit); and

9. If a residential development receives an Annual Allocation and all other City entitlements to develop, and that development, pursuant to California Government Code Section 65915 is subject to the State mandate that the City provide the developer a density bonus, the bonus units over and above the permitted mid-range density will NOT be deducted from the Annual Allocation Schedule.

RGMP PROCESS

Applications for dwelling unit allocations will be accepted, and allocations made on a first come, first allocated basis. Application for allocations will be evaluated in accordance with the evaluation process described below. Application materials that must be filed are specified in the Applicant’s Guide to the RGMP. The applicant shall also submit the fee specified in the Planning Division’s approved fee schedule for an Allocation.

Planning staff will evaluate each Allocation application which has been filed. The Community Development Director will then review each application with an RGMP Evaluation Committee as appointed by the City Council, consisting of two Councilmembers and two Planning Commissioners. The Committee will then forward a recommendation to the Planning Commission for their consideration. The Commission will review and evaluate each Allocation application at a public hearing. A recommendation will be made by the Commission to the City Council regarding whether the application should receive an Allocation, and the number of dwelling units that should be granted.

The City Council will evaluate the Allocation applications at a public hearing and make it’s decision regarding whether a project should be granted an Allocation, and the number of dwelling units that shall be granted to that project.

ALLOCATION EVALUTION CRITERIA 

The staff, Planning Commission and City Council shall evaluate each Allocation application against the following Allocation Evaluation Criteria, and rate each on a point basis, in order to determine whether to grant an Allocation:

1. Does the project provide housing for a range of incomes and lifecycles? Does it include a minimum of 15% of housing affordable to low or very low income households through inclusionary housing, and/or affordable housing for low or very low income: seniors; the handicapped; school teachers; farm workers; and/or public employees? (Up to 20 points possible). 

Inclusionary Housing is defined as affordable housing units which are reasonably dispersed throughout a project, and the units shall be comparable to market rate units in exterior appearance, materials and finished quality. The affordable units shall consist of a reasonable mix of unit models. However, affordable unit interior amenities need not be the same as market rate units. Affordable units shall be constructed prior to or concurrent with market rate units. If a project has been approved in phases, then the affordable units shall be provided equally within each phase. Affordable units shall be established by the developer through necessary legal steps to assure continued affordability over 50 years from initial occupancy, through deed restrictions, wrap-around financing, land sale of contracts, or other means acceptable to the City Attorney and Community Development Director. 

For rental units, the affordable units shall be made available to very low and low income households. For developments with for sale units, the affordable units shall be made available to low income households. For renters and owners, affordable housing expense is defined as 34% of gross income (rent and utilities for renters; for owners - principal, interest, property taxes, property insurance, and other associated expenses such as association membership fees, maintenance expenses, property mortgage insurance). Affordable unit sales price or rental rate shall be as established by the U.S. Department of Housing and Urban Development (HUD), and as published by the California Housing and Community Development Department for Contra Costa County, where Very Low Income is defined as between 30% and 50% of the median income, adjusted for family size. Low Income is defined as between 50% and 80% of the area median income, adjusted for family size. The following chart illustrates current affordable housing expense by income group:

Current Affordable Housing Expense By Family Income (based on a family of 4)

Income Level Income Limits Affordable Housing Expense Per Month
(annual) (annual income limit X 34% divided by 12)

Very Low $33,800 $958

Low $50,200 $1,422

2. Does the project propose to rehabilitate existing units in the City and make them available for very low or low income households? (Up to 20 points possible).

3. Does the project provide on-site and/or off-site amenities through a Development Agreement (other than standard requirements and improvements) which are desirable for the City as a whole? (Up to 20 points possible).

4. Does the project incorporate energy efficient design, layout, landscaping, construction and materials of an active or passive nature, which exceed those otherwise required by Title 24? (Up to 15 points possible).

5. Does the project propose to develop job generating land uses, or otherwise assist economic development, in conjunction with the development of dwelling units? (Up to 15 points possible).

6. Is the project proposed for a site which is considered to be in-fill? That is, is the project site surrounded on at least two sides by either already developed or developing projects, or sites already approved for subdivision or development, or sites which have a population allocation? (Up to 15 points possible).

7. Does the project demonstrate high quality, innovative design and product type, demonstrate maximum provisions for pedestrian and bicycle use, and reflect progressive planning principles such as Smart Growth, Neotraditional design, and/or the Ahwanee Principles? (Up to 10 points possible).

8. Is the project proposed for a location which has been identified by the City as being particularly prioritized for development or redevelopment, such as the Downtown, Northeast Brentwood, or along the Highway 4 Bypass? (Up to 10 points possible).

9. Is the project a continuing project – a second or later phase of a multi-phase project where construction has begun on at least one previous phase and public improvements have been started? (Up to 10 points possible).

10. Does the project provide necessary public improvements such as streets, trails and parks, prior to commencement of, or concurrent with residential construction? (Up to 10 points possible).

RGMP ANNUAL ALLOCATION SCHEDULE

The baseline date for the RGMP shall be July 2001 (the year the RGMP became effective). The RGMP Annual Allocation Schedule will run with the City’s fiscal year from July 1 to June 30. The Annual Allocation which may be granted each fiscal year will be consistent with the annual number of dwelling units necessary to promote the public health, safety and welfare by maintaining the small town character and quality of life of Brentwood, and it’s open spaces and generally low density of population, and to grow at an orderly, well planned and deliberate pace. The RGMP Annual Allocation will be above the City’s appropriate share of the regional need for housing, now estimated by the Association of Bay Area Governments (ABAG) as of July 2000, at 543 units average per year. The City’s specific housing programs and activities being undertaken to fulfill the requirements of the State Housing Element Law are set forth in the City’s Housing Element (as approved by the State), and those programs and activities are hereby incorporated by reference. The fiscal resources available to the City are contained within the City’s adopted General Budget and Capital Improvement Program Budget. The City’s environmental resources are listed in the City’s General Plan Environmental Impact Report. The Annual Allocation is set at 650 units per year. 

RGMP BUILDOUT PROJECTION

The term of the General Plan is 20 years. The estimated current population of Brentwood as of 12/00 is 22,000. As of 10/1/00, there are 5,754 dwelling units approved but not built. At 2.86 persons/household that equals 16,456 people. Therefore, existing plus approved but not built population is estimated to total 38,456. The General Plan Update Preferred Alternative Population at buildout is 75,790. Subtracting 38,456 from 75,790 yields a potential population remainder of 37,334. 650 dwelling units per year, at 2.86 persons, equals an 1,859 person population increase each year. If 650 units are built each year, Brentwood would reach it’s Preferred Alternative Population of 75,790 in 20 years. 

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