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CITY COUNCIL AGENDA ITEM NO. 22

Meeting Date: June 12, 2001

Subject/Title: Public Hearing for Residential Growth Management Program 

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: Jon Elam, City Manager



RECOMMENDATION

The City Council Housing Committee and staff recommend that Council consider adoption of a resolution to establish a Residential Growth Management Program (RGMP).

PREVIOUS ACTION

On February 13, 2001, the City Council voted to direct the City Council Housing Committee and staff to move forward with preparation of the RGMP, as outlined at that time.

BACKGROUND

This item was originally brought forward by Mayor McPoland. Following a presentation to the City Council of the RGMP draft outline on February 13, 2001, Council referred it to the Housing Committee, which has had numerous meetings with staff over the intervening months to work out the details of the Program. In addition, on April 13, 2001, all residential developers were invited to a Housing Committee meeting to discuss the draft Program. Approximately 40 developers were present. 

The purpose and intent of the RGMP, is to moderate the effects of growth, and synchronize residential growth with infrastructure, and municipal and public safety services, 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 95,000 at buildout. The General Plan Update 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. The RGMP will set an annual cap of 650 new dwelling approvals per year, subject to evaluation by the City Council, Planning Commission and staff of how well each proposed project incorporates the criteria listed in the Program. The criteria is intended to improve the quality and amenities of new subdivisions. The RGMP would be effective July 1, 2001, and be administered on an annul fiscal year basis. There would be quarterly cycles each year, when RGMP applications could be accepted and considered. The full body of the RGMP is contained in the attached Resolution Exhibit A. 



RESOLUTION NO. 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A RESIDENTIAL GROWTH MANAGEMENT PROGRAM TO PROVIDE FOR THE REVIEW AND EVALUATION OF RESIDENTIAL GROWTH IN THE CITY OF BRENTWOOD

WHEREAS, 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 1993 General Plan provides for a population of over 95,000 at buildout. The General Plan Update currently underway proposes to reduce the buildout population to approximately 75,000. 

WHEREAS, this reduction in buildout population is being considered in conjunction with certain growth management techniques contained in the General Plan Update, to provide the amount, type and rate of development desired by the community. 

WHEREAS, 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 municipal and public safety services, and total population available under the City’s General Plan. 

WHEREAS, the RGMP is one of the growth management techniques contained in the General Plan Update, which is intended to help achieve the above stated purpose and intent. 

WHEREAS, The RGMP Annual Allocation of housing units 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 help ensure growth at an orderly, well planned and deliberate pace. 

WHEREAS, the RGMP is also intended to ensure the adequate provision of vital life safety public services including fire and paramedic protection per the “Fire Protection Services for the City of Brentwood Strategy for the Future” report dated December 1998. 

WHEREAS, overly rapid growth adversely impacts public resources, services and facilities, such as parks, open space, police and fire service, roads and utilities.

WHEREAS, the City encourages development in areas where municipal services exist or can be funded or reasonably provided. 

WHEREAS, 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 April 2001, at 543 units average per year. 

WHEREAS, 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. 

WHEREAS, 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.

WHEREAS, the criteria contained in the RGMP are designed and intended to help ensure a higher quality of development and life in Brentwood, and provide adequate affordable housing, rehabilitate existing housing, incorporate energy efficient design, develop job generating land uses, promote in-fill development, protect prime agricultural soils, demonstrate innovative progressive planning principles, including Smart Growth, and promote development in areas prioritized for development or redevelopment.

WHEREAS, the City of Brentwood has undertaken a General Plan Update including economic and fiscal analysis which has concluded that in order to provide future fiscal responsibility to City residents and businesses, adequate public safety and utility services, and help eliminate unnecessary traffic congestion and air pollution by providing greater opportunities for people to both live and work in Brentwood, it is necessary to improve the regulation of the jobs/housing balance in the City from the current ratio of 1 job per household, to achieve a ratio of 1.5 jobs for each housing unit. 

WHEREAS, the Northwest General Plan – Special Planning Area of the City has been targeted due to it’s strategic location along the Highway 4 Bypass, as the key job creation land area that would serve to create greater job generation, economic benefits, and protect the public health, safety and welfare.

WHEREAS, the City Council has added the Northwest Quadrant Infrastructure/Capital Improvement Financing Program (CIFP) 2001-1 to the 2000/05 Capital Improvement Program and directed development of a CIFP to assist in financing the required engineering and public infrastructure to support the anticipated commercial development in the Northwest area.

WHEREAS, numerous property owners have expressed an interest in developing within or adjacent to the Northwest area.

WHEREAS, the public infrastructure within the Northwest area is only sufficient to handle approximately 20% of the proposed residential development.

WHEREAS, the City Council and the Northwest area property owners desire to maintain Brentwood’s high standard of living and quality of life.

WHEREAS, the City Council has directed staff to see that public infrastructure is constructed early in the development process. 

WHEREAS, the City Council via adoption of Resolution No. 2246, has approved the form and content of the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement and related actions to provide the necessary financing mechanism to serve the Northwest job creation area. 

WHEREAS, it is critical to the economic development potential of the Northwest area that the necessary roads and other infrastructure be provided early, and a key to financing these improvements is to allow for the development of residential land uses in the Northwest area, which will pay for this infrastructure. 

WHEREAS, application of the RGMP to residential development in the Northwest area would conflict with and hinder the provision of the necessary infrastructure. 

WHEREAS, the Northwest area as shown on the map contained within the RGMP Exhibit A to this resolution, is hereby declared exempt from the RGMP.

WHEREAS, adoption of the RGMP is determined to be covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. In this case, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), in that the RGMP will only serve to advance prudent growth controls and management, and promote better forms of development. 

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood, hereby finds and determines as follows:

Section 1. The foregoing recitals and staff report statements are found and determined to be true and correct.

Section 2. The City Council shall review the RGMP annually to determine whether the factors that justify it are still valid.

Section 3. The City Council adopts the Residential Growth Management Program, effective July 1, 2001, as set forth in Exhibit A hereto.

PASSED AND ACCEPTED by the City Council of the City of Brentwood at their regular meeting of June 12, 2001 by the following vote:

AYES:
NOES:
ABSENT:





APPROVED:


____________________________
Michael A. McPoland, Sr., Mayor

Attest:



________________________________
Karen Diaz, CMC, City Clerk



APPROVED AS TO FORM:



________________________________
Dennis Beougher, City Attorney



Exhibit A


Residential Growth
Management Program
(RGMP)


Effective July 1, 2001
Adopted by City Council Resolution No. ______, on June 12, 2001


PURPOSE/INTENT:

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 municipal and public safety services, 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 1993 General Plan provides for a population of over 95,000 at buildout. The General Plan Update 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. This RGMP is not intended to, and shall not be construed to, require the City Council or any advisory body acting under authority of the Council to grant, or recommend the granting of, any allocations available in any given year or any allocations at all. The City Council reserves its right to withhold any or all of the allocations that may be available in a given year if it finds that doing so would promote the intent of this Program, provide for the orderly development of the City, or otherwise promote the public interest.

EXEMPTIONS:

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

1. Affordable housing developments.

2. Projects which have an approved Tentative or Final Map, Building Permit or other City entitlement, development agreement, or have an application which has been deemed complete by the City, prior to the date of adoption of the RGMP.

3. Replacement housing on a one for one basis (i.e., 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.

4. 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).

5. 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.

6. Projects in the Northwest area, as shown on the map attached to this RGMP.

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

1. Parcel Maps for up to four units; 

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

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

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

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

TRANSFERABILITY OF ALLOCATIONS

It is the intent of the City Council that persons should not apply for allocations unless they have the actual intent to construct the particular project for which an allocation is requested. Allocations are made based on a specific development at a given site; allocations cannot be moved to another site. However, allocations can be transferred to another owner at that given site if approved by the Community Development Director.

DEVELOPMENT AGREEMENTS

If a Development Agreement (DA) is proposed by a project applicant, the DA must accompany the application materials filed for an RGMP allocation. If an allocation is granted for a project which includes a proposed DA, that proposed DA shall also be submitted as part of the discretionary permit application package. If the proposed DA is not ultimately approved by the City Council and executed by the City and the applicant, the allocations shall be deemed expired and the allocation will be added back to the Annual Allocation Schedule.

BORROWING FUTURE ALLOCATIONS

It is not the City Council’s policy to borrow allocations from future years. However, under certain circumstances, such as large multi-phase projects with a build-out period stretching over numerous years, and with large public infrastructure obligations, and only with a Development Agreement, it may be approved by the Council.

VOIDED OR UNUSED ALLOCATIONS

Voided or unused allocations shall be replaced in the annual allocation schedule, where Council may choose whether or not to reallocate them.

RGMP PROCESS

Applications for dwelling unit allocations will be accepted, and allocations made on a fiscal year, annual quarterly basis, beginning in July. The City Council may award none, any portion of, or all of the annual allocation available during any of the annual quarterly allocation periods. 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. 

Applications for allocations will be evaluated in accordance with the evaluation process described below. Application materials that must be filed are specified in the RGMP Submittal List. 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 provide other assistance for affordable housing for low or very low income: families; seniors (as defined in Civil Code Section 51.2); 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. However, affordable unit interior amenities need not be the same as market rate units. The affordable units shall consist of a reasonable mix of unit models. 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 30 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. 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. 

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 (as specifically detailed in Attachment 1)? (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 preserve prime soils for agricultural use on sites within the City, or otherwise provide benefits for agricultural enterprise, or 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 is also intended to ensure the adequate provision of vital life safety public services including fire and paramedic protection per the Fire Protection Services for the City of Brentwood Strategy for the Future report dated December 1998. 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 April 2001, 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. 


FILING FOR DISCRETIONARY PERMITS 

Once an allocation is granted by the City Council for a project, the applicant must file all required applications for all discretionary permits, including environmental review, with the Community Development Department, within 90 days from the date of the allocation by the Council. If an applicant fails to comply with this deadline, the allocation will be deemed denied without prejudice and the units will be returned to the allocation pool for potential reallocation, unless the City Council grants up to a one year extension for an allocation. In determining whether to extend such extension, the City Council will consider what progress has been made toward filling the application, unforeseen circumstances beyond the applicant’s control which have delayed the project, and the likelihood of the project meeting the extended deadline.


ATTACHMENT 1

City of Brentwood
Residential Growth Management Plan
Allocation Evaluation Criteria: Energy Efficiency Specifications

Score points for each “Yes” answer
20 Points Maximum

Community Design Features

1. Solar Oriented Development: 7 points
Does the project maximize the number of East-West streets (oriented within 30 degrees of true east/west axis)? This will allow for a majority of “solar oriented” homes. The goal is to 1) minimize east- and west-facing window area, 2) maximize south-facing window area, and 3) ensure sufficient roof area with southerly exposure to accommodate passive and active solar systems. Solar orientation requirements vary with density as follows: 
i) < 10 units/acre: 80% of the housing units must be solar oriented 
ii) 10 – 25 units/acre: 65% of the housing units must be solar oriented
iii) > 25 units/acre: 50% of the housing units must be solar oriented 

[Exemptions: steep slopes, existing streets or grading requirements, significant loss of units, physical constraints (e.g. streams), conflicts with other required design guidelines.] 

2. High Albedo (Reflectivity) Paved Surfaces: 2 points
Does the project use light-colored surfacing with albedos (reflectivity) equal to or greater than 20 percent for streets, sidewalks, and driveways? 

3. Minimize Street Pavement: 2 points
Does the project minimize paved area relative to standard practices? (i.e., narrowest streets that are safe) 

Building Systems, Equipment, and Practices 

Title 24 Related Features: 

Note: Projects can only earn points for measures that were NOT used to achieve Title 24 compliance.

1. Whole Building Energy Use: 4 - 7 points 

Single Family Detached and Single Family Attached Developments: 

a) Do all the homes meet PG&E Comfort Home specifications, including field verification of installed measures by a certified HERS rater? 4 points
OR
b) Do all the homes meet or exceed “PG&E Energy Star, Comfort Home” specifications and field verification requirements? 7 points
OR
For Multi-Family Developments:
a) Does the project exceed Title 24 minimum requirements by at least 15%? 7 points
2. Solar-ready Homes (Domestic Hot Water) 2 points
Are the homes “solar-ready” for solar water heaters? Do all homes include pre-plumbing for a solar hot water system and roofing which is engineered to support the system weight? 
3. Solar Domestic Hot Water Heating 5 points
Do 25% of the homes include a solar hot water system which delivers 50% of the hot water energy needs? 
4. Cool Roofs 1 point
Do all homes use high albedo (light-colored, highly reflective) roofing per the CEC “cool roof” requirements as specified in Title 24, Part 1 Section 10-113 (new section)? 

Non-Title 24 Related Features

1. Energy Star Outdoor Lighting 1 point
Are all outdoor lighting fixtures (affixed to the building) Energy Star labeled (porch lights, etc.)?
2. Solar Electricity (Photovoltaic) installation 5 points
Do 10% of the homes include a grid-connected photovoltaic system capable of delivering at least one (1) kW?
3. Energy Star Indoor Lighting 1 point
Are all the following interior lighting fixtures Energy Star labeled?
1. All kitchen lighting fixtures (except for up to two fixtures that are not general lighting as defined in the Residential Manual for Title 24) ;
2. All bathrooms lighting fixtures (except for heat lamp fixtures, if any)
3. At least one general lighting* fixture in each of the utility, laundry room, and garage; and 
4. Each bedroom shall be provided with at least one general lighting* fixture.

*General lighting must provide a sufficient light level for basic tasks and provide a uniform pattern of illumination. A luminaire that is the only lighting in a room will be considered general lighting. General lighting shall be controlled by a switch on a readily accessible lighting control panel at an entrance to the room. Excerpt from Title 24 Standards, Section 150 (k)
Landscaping Features**

1. Pavement Shading 3 points
Does the project include a landscape plan to shade the paved street and non-street surfaces by greater than 50% within 15 years under such conditions as when the sun is directly vertical overhead of the paved surface.** 
2. South Glazing Shading 1 point
Does the project include a landscape plan that demonstrates plantings to shade the south facing glazing with deciduous plants and trees?** 
3. East and West Glazing Shading 2 points
Does the project include a landscape plan to shade the east and west facing glazing of houses?** 

** The landscape plan must specify drought tolerant species for shading purposes noted above. The plan must also demonstrate that steps have been taken that ensure any plantings will receive adequate water until established.

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