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CITY COUNCIL AGENDA ITEM NO. 38


Meeting Date: February 13, 2001

Subject/Title: Consideration of an Interim Urgency Ordinance Establishing a Moratorium on Development Approvals for Housing Projects in the Northwest General Plan – Special Planning Study Area

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: Jon Elam, City Manager



RECOMMENDATION
That City Council adopt the Interim Urgency Ordinance

PREVIOUS ACTION
None

BACKGROUND
Urgency ordinances of this type are authorized by Government Code section 65858. That section allows a city council, by a 4/5 vote, to adopt urgency ordinances that take effect immediately and remain in effect for 45 days. At the end of the 45 day period, the council can extend the ordinance so it remains in effect for a total period of one year. Prior to doing so, the council must issue a written report describing the measures that it is taking to address the concerns that resulted in the ordinance. The council can later adopt a second extension for another one year period. 

DISCUSSION

The City Council finds that this ordinance is needed to address a current threat to the public health, safety and welfare of the City in that the economic and social health of the community require a diversity of land uses, job generating development and housing stock throughout the community. During the past year, the City has retained an independent consultant who is working with the City on the processing of a comprehensive General Plan Update aimed at regulating residential growth and job generating development for the purpose of controlling potentially significant adverse impacts on the environment including traffic and air quality. To maximize job generation in order to have achieve a jobs/housing balance of 1.5 jobs to houses, which is accepted planning methodology for a balanced land use plan. Also to create opportunities for persons to live and work in the same community, which will decrease adverse impacts on traffic and air quality. The Northwest General Plan – Special Planning Study Area has been identified as one of the critical areas for the City to achieve it’s necessary jobs/housing balance. The City of Antioch, along the border of this area is in the process of studying an amendment to it’s General Plan and Future Urban Area 1 to achieve the same purposes as Brentwood for jobs/housing balance, and to create a unified job center spanning both communities which would benefit traffic, air quality and economic factors on a regional basis. In addition, the recent Contra Costa County Urban Limit Line Amendment has removed many acres of job generating land from consideration of development within the Brentwood Planning Area and Sphere of Influence. This loss would negatively impact the City’s jobs/housing balance, due to the loss of many acres of land designated in the General Plan Update for job generation. The Community Development Department and General Plan Working Group are in the process of studying this issue and preparing Special Planning Area Study recommendations that will improve the jobs/housing balance and diversity throughout the Northwest area and the community, to rebalance jobs and housing. This ordinance will allow the Community Development Department and General Plan Working Group to complete their work and provide an opportunity for the Planning Commission and City Council to consider any recommendations that are forwarded from the Working Group.

The City's current Zoning Ordinance and General Plan contain inadequate land for an adequate jobs/housing balance. The City's current Zoning Ordinance and General Plan contain inadequate policies for encouraging diversification of residential and nonresidential land use types throughout the City. This absence of an adequate balance of job generating and housing land uses and regulations poses a risk to the health and safety of the citizens within the City and fails to adequately ensure that job generating opportunities are carefully planned and located to mitigate environmental impacts and provide necessary revenues for the maintenance and enhancement of water, sewer and roadway infrastructure.

The City has considered the effect of this ordinance on the housing needs of the region (through the regional housing needs assessment prepared by ABAG) and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6). This ordinance does not, by its terms, limit the number of housing units which may be constructed on an annual basis. Housing units throughout the City are under construction which cater to all income ranges.

ORDINANCE NO. 

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ESTABLISHING A MORATORIUM ON DEVELOPMENT APPROVALS FOR HOUSING PROJECTS IN THE NORTHWEST GENERAL PLAN – SPECIAL PLANNING STUDY AREA
.

Pursuant to the authority granted by Government Code Section 65858 (Interim Ordinances), the City Council of the City of Brentwood does hereby ordain as follows:

SECTION 1. Interim Moratorium on Development Approvals for Certain Housing Projects.

A. During the term of this Ordinance, the City shall not accept, process or approve any application for issuance of a use permit, subdivision map, development agreement, zone change, design review or other discretionary entitlement for use for any housing project in the Northwest General Plan – Special Planning Study Area, generally defined as the area south of Lone Tree, north of new Sand Creek Road, east of Heidorn Ranch Road, and west of Shady Willow, for which an application has been, or is filed on or after February 14, 2001.

B. As used in this ordinance, the term “housing project” refers to residential developments containing any “dwelling” as that term is defined in section 17.030.005.C.1, 2, 3, 4, and 5 of the Brentwood Municipal Code.

C. This ordinance shall not be interpreted to modify or rescind any entitlement for use which has been granted on or before the effective date hereof and does not apply to planning commission review required by previously issued entitlements. This ordinance shall not apply to applications for building permits.

D. During the pendency of this ordinance, the City shall consult with any developer of a project that has a pending application subject to the restrictions of this ordinance and shall assist the developer in finding a substitute location that is not in the Northwest General Plan – Special Planning Study Area.

SECTION 2. Declaration of Urgency.

The City Council finds that this ordinance is needed to address a current threat to the public health, safety and welfare of the City in that the economic and social health of the community require a diversity of land uses, job generating development and housing stock throughout the community. During the past year, the City has retained an independent consultant who is working with the City on the processing of a comprehensive General Plan Update aimed at regulating residential growth and job generating development for the purpose of controlling potentially significant adverse impacts on the environment including traffic and air quality. To maximize job generation in order to have achieve a jobs/housing balance of 1.5 jobs to houses, which is accepted planning methodology for a balanced land use plan. Also to create opportunities for persons to live and work in the same community, which will decrease adverse impacts on traffic and air quality. The Northwest General Plan – Special Planning Study Area has been identified as one of the critical areas for the City to achieve it’s necessary jobs/housing balance. The City of Antioch, along the border of this area is in the process of studying an amendment to it’s General Plan and Future Urban Area 1 to achieve the same purposes as Brentwood for jobs/housing balance, and to create a unified job center spanning both communities which would benefit traffic, air quality and economic factors on a regional basis. In addition, the recent Contra Costa County Urban Limit Line Amendment has removed many acres of job generating land from consideration of development within the Brentwood Planning Area and Sphere of Influence. This loss would negatively impact the City’s jobs/housing balance, due to the loss of many acres of land designated in the General Plan Update for job generation. The Community Development Department and General Plan Working Group are in the process of studying this issue and preparing Special Planning Area Study recommendations that will improve the jobs/housing balance and diversity throughout the Northwest area and the community, to rebalance jobs and housing. This ordinance will allow the Community Development Department and General Plan Working Group to complete their work and provide an opportunity for the Planning Commission and City Council to consider any recommendations that are forwarded from the Working Group.

The City's current Zoning Ordinance and General Plan contain inadequate land for an adequate jobs/housing balance. The City's current Zoning Ordinance and General Plan contain inadequate policies for encouraging diversification of residential and nonresidential land use types throughout the City. This absence of an adequate balance of job generating and housing land uses and regulations poses a risk to the health and safety of the citizens within the City and fails to adequately ensure that job generating opportunities are carefully planned and located to mitigate environmental impacts and provide necessary revenues for the maintenance and enhancement of water, sewer and roadway infrastructure.

The City has considered the effect of this ordinance on the housing needs of the region (through the regional housing needs assessment prepared by ABAG) and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6). This ordinance does not, by its terms, limit the number of housing units which may be constructed on an annual basis. Housing units throughout the City are under construction which cater to all income ranges.

SECTION 3. Effective Date.

A. Pursuant to Government Code Section 36937(b), this interim urgency ordinance shall take effect immediately upon its passage and adoption.

B. Pursuant to Government Code Section 65858, this ordinance shall expire on a date 45 days following the date of its passage and adoption, unless its term is extended by action of the City Council in accordance with the procedures set forth in Section 65858, or at such earlier time as the City Council acts to repeal this ordinance and replace it with a successor ordinance.


The foregoing Ordinance was passed and adopted by at least a 4/5 vote at a regular meeting of the Brentwood City Council on February 13, 2001 by the following vote:

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