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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: March 13, 2001

Subject/Title: Adoption of Resolution approving a written report describing the measures taken to alleviate the threat to the public health, safety or welfare that led to the adoption of Interim Urgency Ordinance No. 659, which established a 45 day 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: Adopt Resolution No. ______, approving a written report describing the measures taken to alleviate the threat to the public health, safety or welfare that led to the adoption of Interim Urgency Ordinance No. 659. Due to this action taken by the Working Group, staff recommends that the moratorium shall expire on March 31, 2001 and not be extended.


PREVIOUS ACTION: Interim Urgency Ordinance No. 659 became effective on February 14, 2001. It will expire on March 31, 2001.

BACKGROUND: On February 13, 2001, the City Council adopted Interim Urgency Ordinance No. 659, establishing a temporary 45 day moratorium, effective on February 14, 2001, on development approvals for housing projects in the Northwest General Plan – Special Planning Study Area (shown on the attached map). This ordinance expires on March 31, 2001. California Government Code Section 65858 provides that the legislative body (the City Council) shall issue a written report ten days prior to the expiration of any interim ordinance, describing the measures taken to alleviate the conditions which led to adoption of the interim measure. The attached draft resolution contains the required written report as Exhibit A. The report summarizes the actions taken to date by the General Plan Update (GPU) Working Group on February 28, 2001, to amend the GPU Preferred Alternative to replace approximately 150 acres of residential land use designations with a Business Park designation, between Heidorn Ranch Road and the Bypass; and to change about 25 acres from Business Park to medium residential, west of Shady Willow, between Apricot and the Mokelumne Aqueduct/Sunset Road. This would result in a net gain of approximately 125 acres of job generating land use.



RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A WRITTEN REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE THREAT TO THE PUBLIC HEALTH, SAFETY OR WELFARE THAT LED TO THE ADOPTION OF INTERIM ORDINANCE NO. 659

WHEREAS, Government Code Section 65858 allowed the City Council of the City of Brentwood to adopt as an urgency measure an interim ordinance prohibiting the City from accepting, processing or approving any application which may be in conflict with a contemplated general plan and zoning proposal that the City Council, the Planning Commission or the Community Development Department intends to study within a reasonable time.

WHEREAS, in accordance with Government Code Section 65858, the City Council of the City of Brentwood enacted, as an urgency measure, an interim ordinance (Ordinance No. 659) prohibiting uses in conflict with a pending general plan and zoning proposal concerning development approvals for housing projects in the Northwest General Plan – Special Planning Study Area.

WHEREAS, by the terms of Ordinance 659, and in accordance with Government Code Section 65858, the provisions originally enacted by Ordinance 659 are scheduled to expire on March 31,2001.

WHEREAS, Government Code Section 65858 further provides that the City Council of the City of Brentwood shall issue a written report ten days prior to the expiration of any such interim ordinance describing the measures taken to alleviate the threat to the public health, safety or welfare that led to the adoption of Ordinance No. 659.

WHEREAS, the Community Development Department of the City of Brentwood has undertaken studies for a general plan and zoning proposal that would regulate the jobs housing balance in the Northwest General Plan – Special Planning Area, of the City of Brentwood in a manner that would serve to protect the public health, safety and welfare.

WHEREAS, the Community Development Department has prepared a written report titled “Report on the Jobs Housing Balance in the Northwest General Plan – Special Planning Area, of the City of Brentwood Pursuant to the Requirements of Government Code Section 65858” attached hereto as Exhibit A and incorporated herein by this reference, describing the measures the City has taken to alleviate the threat to the public health, safety or welfare that led to the adoption of Ordinance No. 659.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that the City Council finds that it has reviewed and considered the report set forth in Exhibit A hereto.

BE IT FURTHER RESOLVED that the City Council of the City of Brentwood hereby:
a. Ratifies, adopts, and issues the report set forth in Exhibit A hereto
b. The moratorium adopted pursuant to Ordinance 659 shall expire on March 31, 2001 and shall not be extended.

PASSED AND ACCEPTED by the City Council of the City of Brentwood at their regular meeting of March 13, 2001 by the following vote:



EXHIBIT A

REPORT ON THE JOBS HOUSING BALANCE IN THE NORTHWEST GENERAL PLAN – SPECIAL PLANNING AREA, OF THE CITY OF BRENTWOOD PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE SECTION 65858

BACKGROUND


Section 65858 of the California Government Code requires that following adopting of an interim urgency ordinance, the legislative body issue a written report about the measures the City has taken to alleviate the threat to the public health, safety or welfare, 10 days prior to the interim ordinance’s expiration. This report, prepared for City Council adoption by resolution, shall serve that purpose.

RESEARCH

During the duration of the interim urgency Ordinance No. 659, City community development and legal staff have initiated, and the City General Plan Update (GPU) Working Group has adopted an amendment of the Preferred Alternative Land Use Plan on February 28, 2001, to replace approximately 150 acres of residential land use designations with a Business Park designation, between Heidorn Ranch Road and the Bypass; and to change about 25 acres from Business Park to medium residential, west of Shady Willow, between Apricot and the Mokelumne Aqueduct/Sunset Road. This would result in a net gain of approximately 125 acres of job generating land use.

The research and information presented by community development staff to the Working Group on February 28, 2001, which led to their amendment of the Preferred Alternative, included the following:

The 45 day moratorium adopted by Council on February 13, 2001, and effective February 14, 2001, precludes residential development in the Northwest Study Area, bounded by Lone Tree, Heidorn Ranch Road, Sand Creek Road and Shady Willow. This provides a time out for the City to consider the land use pattern in this area, related to job creation, and the City’s overall jobs housing balance. Antioch’s Future Urban Area (FUA) 1, which abuts Brentwood’s Northwest Study Area, across and west of Heidorn Ranch Road, has seen a gradual transition of land uses. Originally FUA 1 included about 100 acres of job creating lands, including the Kaiser Hospital and Royal Formosa Chen properties. About eight months ago, an additional 108 acres of the Ginocchio/Nunn land was added as job creating land. In the past month or so, an additional 100 acres of Williamson land has been considered for job generation, bringing the total from about 100 acres, to over 300 acres. This job generating land abuts roughly 50% of the frontage of the residentially designated narrow strip of land in Brentwood’s Northwest Study Area. This would result in a narrow strip of residential, low and medium density land uses being squeezed between two large business park masses in the two cities.

When the City Council initiated the GPU, there were two goals enunciated: decrease the residential buildout population; and increase the supply of job generating land. The Preferred Alternative selected by the Working Group, achieves both goals. Population has been reduced from 95,000+ in the existing 1993 General Plan, down to 75,790. This has been done by converting residential to commercial land, and decreasing residential densities. This results in a jobs housing balance of 1.6, in line with the recognized economist’s goals of 1.5, and better than the balance of 1 in the existing General Plan. 

However, recent action by the County, pulling in the Urban Limit Line (ULL), will cause changes to the Preferred Alternative, if those County ULL changes stand. While the City population would decrease to 67,708, the jobs housing balance would shrink to 1.1, due to the loss of most of the large business parks planned for Cowell Ranch. This decrease in jobs housing balance would effectively bring the City back to where it started with the existing General Plan balance of 1.

Changing the residential strip along Heidorn Ranch Road mentioned above to business park, with the ULL changes standing, would help the City move closer to it’s healthy target of a 1.5 jobs housing balance. Under this scenario, the population would further decrease to 65,943, and jobs would increase, resulting in a jobs housing balance of 1.3.

On February 28, 2001, the Working Group voted to amend the Preferred Alternative to include this 1.3 jobs housing balance scenario, with minor changes.

OUTLINE OF PROCESS

The amendment of the Preferred Alternative has been presented to the GPU consultant for further analysis and inclusion in the Environmental Impact Report, now underway. The final consultant’s report is anticipated to be presented to the City in the summer of 2001. The conclusions of the report will form the basis for amendment of the Land Use, Growth Management and Circulation Elements to establish policies aimed at obtaining the jobs housing balance which will provide for the improved health, safety or welfare of the community. 

Due to this action taken by the Working Group, it is foreseen that the moratorium will not need to be extended.

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