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CITY COUNCIL AGENDA ITEM NO. 04


Meeting Date: June 26 2001 

Subject/Title: Approve second reading of Ordinance No. 672 and Authorize the Mayor to Execute Settlement and Development Agreement Between Blackhawk/Nunn and the City 

Submitted by: Dennis Beougher, City Attorney 

Approved by: Jon Elam, City Manager



RECOMMENDATION 
Approve second reading of Ordinance 672 for the attached Settlement and Development Agreement Between the City of Brentwood and Blackhawk/Nunn ("Development Agreement") concerning three sites, consisting of property commonly known as the Summerset, Bacchini/Borello, and CBN site property. Vesting Tentative Map No. 7939 and No. 7940, and the Bacchini/Borello parcels collectively form the Summerset at Brentwood Country Club Project. The other site is vacant at this time. 

BACKGROUND 
The public hearing and first reading of the ordinance was held on June 12, 2001. 

SUMMARY
Staff recommends the approval of the attached Development Agreement based upon its complies with B.M.C. chapter 17.810 requirements, promotion of orderly development of these sites, implementation of the General Plan, and termination of the existing litigation between the parties.

ACTIONS
Approve the Development Agreement and authorize the Mayor to execute the Settlement and Development Agreement between Blackhawk/Nunn and the City.

Attachments:
Ordinance No. 672

ORDINANCE NO. 672


AN ORDINANCE OF THE CITY OF BRENTWOOD APPROVING THE SETTLEMENT AND DEVELOPMENT AGREEMENT BETWEEN BLACKHAWK/NUNN AND THE CITY OF BRENTWOOD CONCERNING THE PROPERTY COMMONLY KNOWN AS SUMMERSET, BACCHINI/BORELLO, CBN, AND COX/BLACKHAWK/NUNN SITES. 


WHEREAS, Blackhawk/Nunn applied in January, 1998 for an exception to certain fees for its Summerset Project by contending that the City's fees, as applied to an active adult project, were unlawful because the City's fees were not roughly proportional to the impacts created by the project;

WHEREAS, City commissioned a traffic study to determine the appropriate trips generated in the evening peak hour compared to the trips generated by a single family home that is not age-restricted; the study was adopted by the City on July 27, 1999 and found that an active adult home to generate only 43.56% of the p.m. peak trips that a single family home which is not age-restricted would generate; 

WHEREAS, City contended that the developer, Blackhawk/Nunn, did not pay impact fees for the golf course portion of its Summerset project;

WHEREAS, the developer sought a refund of its East Contra Costa Regional Fee and Financing Authority ("ECCRFFA") fees; 

WHEREAS, the develop and others filed a suit against the City seeking a refund and damages for breach of a letter agreement, Beinke, et al. v. All Persons, City of Brentwood, et al.

WHEREAS, the City and the plaintiffs in the above-referenced litigation desire to compromise and resolve the foregoing disputes and to promote the orderly development of the subject real property described in the Settlement and Development Agreement between the Blackhawk/Nunn and the City of Brentwood ("Development Agreement");

WHEREAS, developer has commenced development of Vesting Tentative Map No. 7939 and 7940 sites and has vested rights to develop these parcels;

WHEREAS, developer has commenced development of Vesting Tentative Map 8089, the Bacchini/Borello site, and has vested rights to develop this site;

WHEREAS, another site, the Cox/Blackhawk-Nunn site, has a parcel map, Parcel Map No. 354-00, approved for parcelization but remains vacant at this time;

WHEREAS, the City and developer seek to promote the orderly development of these four sites, to outline the applicable law, regulations, ordinances, resolutions, policies, and standards and specifications, permitted uses, and restrictions on moratoria and other limitations on the rate or timing of development, and the life of existing subdivision maps; 

WHEREAS, the City Council has determined that execution of the Development Agreement only vests and implements project approvals already granted, that the Development Agreement will not cause significant new effects or a substantial increase in the severity of previously identified significant effects, that there is no significant new information, and that there is no substantial change in circumstances under which the projects described in the Development Agreement will be undertaken, so that no supplemental or subsequent environmental impact report or analysis is required; and

WHEREAS, the environmental effects of this proposed action have been addressed in previous approved environmental documents and all potentially adverse impacts have been conditioned to render the impact to a level less than significant. 

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 Development Agreement has been processed, considered, approved, and executed in accordance with Brentwood Municipal Code Chapter 17.810.

Section 3. The City Council specifically finds as follows: 

A. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the City General Plan and any applicable specific plans as it provides for both the creation of new jobs, affordable housing and senior housing in an attempt to attain a 1:1 housing to jobs ratio. 
B. The development agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole, as it simply carries out the land use and zoning designations previously approved for these sites. 
C. The development agreement will not adversely affect the orderly development of property or the preservation of property values as it is the intention of the development agreement to implement either previously approved projects and/or the existing land use and zoning designations for the properties. 
D. As there is no applicable specific plan to the subject sites, the finding concerning facilitation of the implementation of a specific plan is not applicable in this case; 
E. The development agreement is consistent with the provisions of Government Code Section 65864 through 65869.5. 


Section 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

Section 5. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in Ledger Dispatch, the official newspaper of the City of Brentwood, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

Section 6. Pursuant to Government Code 65868.5, the City Council authorizes the City Clerk to record a fully executed copy of the Development Agreement, attached hereto as Exhibit a, in the Official Records of the County of Contra Costa, within 10 days after City enters into this Development Agreement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 26th day of June 2001 by the following vote:

AYES: Councilmembers
NOES: 
ABSENT: 



State of California )
County of Contra Costa ) ss.
City of Brentwood )

I, Karen Diaz, City Clerk of the City of Brentwood, do hereby certify that the foregoing Ordinance had its first reading on June 12, 2001 and had its second reading on June 26, 2001 and was passed by the following vote:

AYES: Councilmembers 
NOES: None
ABSENT: None


_______________________
Karen Diaz, CMC
City Clerk

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