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CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: November 7, 2001

Subject/Title: Public Hearing for Approval of the General Plan Update (GPU), Associated Zone Changes, and Certification of the Environmental Impact Report (EIR)

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: John Stevenson, Acting City Manager

RECOMMENDATION

The Planning Commission, Working Group and staff recommend that the City Council introduce and waive first reading of Ordinance No. ____ to approve:

  1. Certification of the GPU EIR

  2. Adoption of an Amendment of the General Plan Land Use, Circulation and Growth Management Elements

  3. Associated Zone Changes 

PREVIOUS ACTION

The City Council initiated the Update of the General Plan Land Use, Circulation and Growth Management Elements two years ago.

BACKGROUND

The City Council has already received under separate cover: the Draft GPU; Addendum to the GPU; GPU Executive Summary; Draft EIR and public comment letters; Final EIR responses to comments; and Mitigation Monitoring Plan. This packet includes an Ordinance, the GPU Executive Summary, updated Addendum to the GPU, associated Zone Change information, and updated maps.

For the past two years, there has been a collaborative effort of the City, it’s residents, business persons, and property owners, to craft a General Plan Update, which will attain the original goals set forth at it’s inception. The City Council set the primary objective of the update process to be a Plan that will reduce the City’s ultimate population, create more high quality employment opportunities, and preserve and enhance Brentwood’s quality of life.

The GPU has done this by: reducing the buildout population to 75,000, from 90,000; converting large areas from residential to nonresidential land uses; increasing our jobs/housing balance to 1.5 jobs per household; reducing residential densities in some areas, and increasing densities in other areas to foster Smart Growth; and maintaining a focus on preservation and enhancement of our historic Downtown.

This has all been done through a pubic participation process of which the City can be proud. The Governor’s Office of Planning has recognized our public process as “outstanding.” It has included: four community workshops attended by hundreds of citizens; effective and creative methods of notifying the public about the planning process, including newspaper flyers, City newsletters, three mass mailings of 30,000 notices, flyers sent home with every school child, ads on cable TV, and information on the City web site; and a 400 person phone survey.

The City Council has been deeply involved in every step of the process. This began with their participation on the interview panels to select the consultant. The Council has been a part of the General Plan Working Group, comprised of 21 local citizens and City officials, which held 25 public meetings to review public input and formulate the Plan. 

The Working Group took public input from the workshops and survey, and developed 27 General Plan Principles to illustrate Brentwood’s vision for the future. The Working Group also used this data to create four Population Study Points; each one an alternative land use pattern for potential future growth. The Study Points consisted of a unique land use map pattern, population size, and number of jobs, presented to the public and Working Group in the March 2000 Land Use Options Workbook. The four Study Points were:

  • Study Point 1, the Pipeline Buildout/No Growth Alternative, 40,000 population, which would keep almost all North Brentwood undeveloped, and create few jobs.

  • Study Point 2 retains low density housing and creates job centers along the Hwy. 4 Bypass, with a population of 70,000. It also provides for Smart Growth around job centers and Downtown.

  • Study Point 3 is derived from the 1993 General Plan, population 90,000.

  • Study Point 4 increases population to 120,000.

The Working Group and community used charts in the Workbook to compare the Study Points in terms of jobs/housing balance, schools, parks, traffic, open space and fiscal impacts.

Additional public input generated over 100 requests from property owners to change their land use. Each request was painstakingly analyzed, mapped and reviewed with the Working Group. After considering all requests, the Working Group selected a modified Study Point 2 as the Preferred Alternative for evaluation in an Environmental Impact Report.

Subsequently, a number of additional land use requests have come in. Some are contained in the attached Addendum to the General Plan. The Planning Commission, with the exception of several requests which came up after the Commission meeting, including some items brought up by the Mayor, reviewed the Addendum. Other late requests are outlined below. The associated Zone Changes needed to implement the GPU are listed in the attached GPU – Necessary Zone Changes chart.

Late Change Requests to the Land Use Map

Since the General Plan Working Group held its final meeting, six property owner requests relating to the GPU have been received. Four of these requests were received in time to be reviewed by the Planning Commission on September 24. Two other requests have come in since then. The requests are summarized below and the property owner’s letters are attached with maps showing their sites. 

  1. Ken Golden Request (Labeled as Land Use Change 1)
    This request is to change the land use and zoning on five developed parcels east of Berry Lane and north of Broderick Drive. The changes to high density residential and PD zoning will enable the existing structures to be rebuilt in their entirety in case of complete destruction. The Planning Commission reviewed and approved this request.

  2. Donald Holland Request (Labeled as Land Use Change 2)
    This request is to change approximately three acres from Low Density Residential to General Commercial on property located on the west side of Brentwood Blvd., north of Lone Tree Way. The easterly third already has a commercial land use and zoning designation. This would change the land use and the zoning on the westerly two thirds to Commercial. Although the property owner is requesting C-3 Zoning, due to it’s location abutting residential property to the south and west, the Planning Commission thought a C-1 Zoning designation is more appropriate at this time. The Planning Commission reviewed the request and approved a General Commercial General Plan designation and C-1 Zoning.

  3. Donald Mederos Request (Labeled as Land Use Change 3) 
    This request relates to 1971 Lone Oak Road to honor a previous decision by the General Plan Working Group. His request brought to staff’s attention an inadvertent change when the Land Use map was converted from color to black and white. Approximately 6.5 acres at the southwest corner of Lone Oak and Grant Street was designated Ranchette Estate instead of Very Low Density Residential which had been previously approved by the General Plan Working Group. The Land Use Map needed to be modified to reflect this oversight. The Zoning Map accurately reflects the correct designation. The Planning Commission reviewed and confirmed the VLDR designation for this property.

  4. Lucia Albers / Elizabeth Iannaccone Request (Labeled as Land Use Change 4) 

Ms. Albers and Ms. Iannaccone’s request relates to a one acre site at the southwest corner of Sand Creek Road and Highland Way. The site is located within SPA D and has a proposed designation of High Density Residential to reflect the existing PD-6 zoning for the area. The property owners are requesting a land use change to Professional Office with CO zoning to allow for development of a professional office building. This is a minor change and would further a major objective of the General Plan Update to improve the jobs/housing ratio within the City. The proposed office use would be across Highland Way from existing homes. With sensitive planning, office uses can be compatible with housing. The proposed change would result in a decrease of approximately 15 dwelling units or 40 persons from the buildout population. The Planning Commission did not consider this request.

  1. Donna Vingo Request (Labeled as Land Use Change 5)

    Ms. Vingo’s is requesting R-2 zoning, which would correspond with a General Plan Designation of Medium Density residential, for her property at 101 Hanson Lane. The existing General Plan designation is very low density residential and the proposed designation is Ranchette Estate. The zoning is presently R-1-E and is proposed to change to RE to be consistent with the proposed General Plan. Properties west, north, and east of the Vingo property are currently designated R-1-E and are proposed to change to RE in the Update. South of the site is Homecoming Development which is designated MDR and zoned R-2. The Ranchette Estate Designation is proposed to preserve the existing rural character between Hanson Lane and Beverly Place and minimize future new residential development in close proximity to the City’s planned industrial area northeast of this neighborhood. Since most of the surrounding sites are RE, the request for one property could be considered spot zoning. The Planning Commission did not consider this request.

  2. Balfour Partners Request (Labeled as Land Use Change 6) 

    The Balfour Partners request relates to the site at the southeast corner of Balfour Road and Fairview Avenue. Balfour Partners is requesting that the commercial portion be reduced so that approximately 10.16 acres of their vacant site be designated General Commercial and the eastern portion of the site (2.95 acres) remain Low Density residential. This request is shown on the proposed land use map. No change is needed. 

    At the Planning Commission hearing on September 24, comment letters were received from the Cities of Antioch and Oakley. Staff responded to those comments at the meeting. Following is a summary of the comments and responses:

Antioch Letter

Several comments were raised about “low density residential” along Sand Creek Road and the Bypass, not being an advisable land use. However, the areas noted in the letter are not designated low density residential – actually they are Regional Commercial and Ranchette Estate (RE). 

The commitment of large areas of open space, parks, and RE along Sand Creek Road was felt to be less than the highest and best use of land. Actually, these areas were set aside in the 1993 Plan, and have not changed in the GPU. Much of the open space is due to the hillsides in this area. The MOU seeks to preserve hillsides, therefore Antioch’s comment here, conflicts with the MOU. 

The boundary between SPAs P and E was felt to be not the Creek, but the Old Sand Creek Road. Actually the Creek and Road follow essentially the same path, and constitute the SPA boundary. It was felt that there was no buffer between RE and business park. However, there will be a buffer formed by the Creek and the road.

There was felt to be inconsistencies between the SPA E land uses and the Memorandum of Understanding (MOU) between Antioch and Brentwood. However, no specifics were given, and staff is unaware of any such conflicts.

Several comments were made on traffic needing mitigation, impacts caused by build out of Brentwood’s GP, lack of regional traffic mitigation funds, and Bypass interchange issues. According to our City Attorney, it is not Brentwood’s responsibility to address impacts outside the City. Antioch did not take into account our 1993 GP with 90,000+ population, when they designed their intersections; and now we have reduced the impacts through our GPU. Furthermore, as explained in a memo prepared by our transportation consultants, we made a “good faith” effort as required by CCTA and Measure C, to participate in the Growth Management Program. In fact, through the City’s participation 11% less traffic will occur at buildout under the GPU than under the 1993 Plan. This reduction must have a net benefit to air quality and there must be other benefits to Growth Management that clearly illustrate that the City is working in “good faith.”

Oakley Letter

Concern is raised about the lands designated Industrial along our northeast boundary with Oakley, and that they would be incompatible with residentially zoned land in Oakley. Some combination of buffer, land use transition, site design, and restricted access are called for to provide compatibility. It should be noted that our Industrial designations were made many months ago, and Oakley has been aware of this for all that time. They have acknowledged that their comment is quite late in the process. However, our Plan commits to an open space buffer between the Cities (Oakley has yet to match our commitment). Also, when industrial development is proposed in this area, the City will do design and environmental review, and we will include the transition, site design and access restrictions which Oakley requests.

Resident Letter 

At the time of writing this report, a letter from was received from resident Pat Calhoun (attached). Mr. Calhoun raises good issues regarding potential safety impacts resulting from fuel pipelines and other issues. I had a very good conversation with Mr. Calhoun regarding his concerns. As I explained to him, the City is amending its Land Use, Circulation and Growth Management Elements. The EIR therefore only addresses potential impacts related to these Elements. Pipelines and other hazards are not the subject of these documents. However, the Safety Element could be an avenue for examining these issues generally. Mr. Calhoun has also been specifically interested in the proposed Safeway project at Balfour and Fairview. I have required that a pipeline risk of upset study and soils study be done for that development project, based on the past leak on the site. The City has been working closely with the Regional Water Quality Control Board to ensure that the site be adequately remediated, prior to development. 

CONCLUSION AND FISCAL IMPACT

The GPU has achieved the City Council’s original goals of preserving and enhancing Brentwood’s quality of life, reducing ultimate population size, and increasing jobs in the City. The new, large job generating land areas will provide future economic development opportunities and positive fiscal impacts and revenues for the City. Additionally, all residents and property owners in Brentwood had the opportunity to participate in the process, and the high rate of participation contributed greatly to the planning process, and the final product. The Governor’s Office of Planning and Research has praised the City for organizing an inclusionary public participation process. As a result of this process, the General Plan Update is a blueprint for smart growth patterns and intelligent planning to guide future decision-making within the community. 

CITY COUNCIL ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING CERTIFICATION OF THE GENERAL PLAN UPDATE ENVIRONMENTAL IMPACT REPORT, ADOPTION OF AN AMENDMENT OF THE GENERAL PLAN LAND USE, CIRCULATION, AND GROWTH MANAGEMENT ELEMENTS, AND APPROVAL OF ASSOCIATED ZONE CHANGES

WHEREAS, Section 65300 of the Government Code of the State of California requires every planning agency to prepare and adopt a comprehensive, long-term general plan for the physical development of the City, and any land outside it’s boundaries which in the planning agency’s judgment bears relation to its planning; and 

WHEREAS, the City Council initiated a General Plan Update (GPU) of the Land Use, Circulation, and Growth Management Elements to reduce the ultimate population, increase job generation and maintain and enhance the quality of life in Brentwood; and 

WHEREAS, the City utilized a proactive public participation process for the GPU, which has been recognized by the Governor’s Office of Planning & Research as “outstanding.” The GPU began with four community visioning workshops attended by hundreds of citizens, and a 400-person telephone survey to ensure that Brentwood residents contributed their ideas for the City’s future. The workshops and survey sought out opinions on growth and development, transportation, housing, infrastructure, and provision of services. The workshops were very well attended because the City utilized a combination of approaches to alert the public. The City newsletter carried GPU articles to every resident, several times. A multiple page GPU flyer went into our local newspaper, mailed to every resident and business. Notices were sent home with every school child, and ran on cable TV. Flyers were posted in storefronts throughout the City, and information on the City’s web-site kept the public informed. The City also sent out notices to all property owners within its planning area, on three separate occasions. Over 30,000 notices were mailed out to property owners; and 

WHEREAS, the GPU Working Group, made up of 21 local citizens, including the Planning Commission and City Council, held 25 meetings over a two year period to review all the public input from the workshops and phone survey. This Group worked with staff and consultants to prepare the draft General Plan Update. The Working Group developed 27 General Plan Principles, and 4 Population Study Points, consisting of alternatives for Brentwood’s future growth. Each Study Point had it’s own land use pattern map, population size, and number of jobs. The Study Points were presented to the public and the Working Group in a March 2000 Land Use Options Workbook (which is incorporated into this Resolution by reference). The Study Points were compared to each other in terms of jobs/housing balance, schools, parks, traffic, open space and financial impacts, in a series of charts in the Workbook; and 

WHEREAS, the City received over 100 requests from property owners to change their land use designations. Each one was painstakingly analyzed, mapped and presented to the Working Group. This process of reviewing land use requests added an unanticipated 8 months, and many extra public meetings to the GPU process; and

WHEREAS, after considering all land use requests, the Working Group selected the Preferred Alternative with a population of approximately 75,000, and which increases the jobs/housing balance to 1.5 jobs per household, which is the goal recommended by economists and planners; and

WHEREAS, on July 23, 2001, the GPU Working Group recommended adoption of the General Plan Amendment to the Planning Commission and City Council; and 

WHEREAS, a Draft Environmental Impact Report (DEIR) for the General Plan Amendment was prepared for the project pursuant to the California Environmental Quality Act (CEQA); and 

WHEREAS, the DEIR was circulated for public review and comment, pursuant to CEQA; and 

WHEREAS, all comments received, and responses to those comments have been incorporated into the DEIR, so that it now constitutes the Final EIR (FEIR) for the General Plan Amendment; and

WHEREAS, on September 24, 2001, the Planning Commission conducted a duly noticed public hearing, reviewed the project, reviewed all documents and information, considered the staff recommendation and public comment, and passed Resolution 01-74 recommending certification of the General Plan Update FEIR, adoption of an Amendment of the General Plan Land Use, Circulation, and Growth Management Elements, and approval of associated Zone Changes to the City Council; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch on October 26, 2001, according to City policies and Government Code Section 65091; and

WHEREAS, the City Council held a public hearing on the FEIR Certification, the proposed General Plan Amendment, and Zone Changes on November 7 , 2001, for the purpose of reviewing the project, documents, all information, and the Planning Commission recommendation; and

WHEREAS, after close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, the recommendations, and all other pertinent documents and associated actions regarding the proposed GPU; and 

WHEREAS, the City Council of the City of Brentwood makes the following findings associated with this project:

  1. Adopts the recitals stated above.

  2. The FEIR identifies the potentially significant environmental effects associated with this General Plan Amendment, which can feasibly be mitigated or avoided. Such effects and corresponding mitigation measures are identified in the FEIR, incorporated herein by reference. The Project mitigation measures and mitigation monitoring program are listed in the FEIR and other mitigation measures may be identified as the project is implemented with will further reduce the impacts identified.

  3. Except as determined below, all significant environmental effects have been reduced to an acceptable level in that all such effects that can feasibly be avoided have been avoided or reduced to a level of insignificance.

  4. The FEIR identified the following significant impacts on the environment that cannot be avoided or mitigated to a level of insignificance:

 

  1. The General Plan Update would conflict with the recently amended County Urban Limit Line (ULL) in some areas, due mostly to the ULL changes. However, 73% of the affected acreage has retained urban designations made in the 1993 General Plan, and this land was within the ULL until the recent change by the County. 

  2. The General Plan Update would result in additional vehicle trip generation over current levels, some of which would utilize Routes of Regional Significance outside Brentwood, although the Updated Plan results in an 11% reduction in daily traffic compared to the 1993 Plan.

  3. Build out of the Plan could result in potentially significant cumulative demand for landfill due to unplanned additional demand from jurisdictions that utilize the same landfills as Brentwood.

  4. Development associated with the Plan Update could place a significant demand on cumulative energy supplies. However, the Residential Growth Management Program energy criteria can help mitigate this to an insignificant level in Brentwood.

 

  1. The City Council hereby adopts the following findings as its statement of overriding considerations:

    a. Adoption of the General Plan Update will reduce the ultimate population from the 1993 adjusted estimate of 90,000, down 20% to approximately 75,000; and increase job creation by approximately 40%, from approximately 30,000 jobs to approximately 43,000 jobs.

    b. The General Plan Update will generate 11% less daily traffic than the 1993 Plan.

    c. Findings from the traffic modeling done for the FEIR indicated traffic forecasts between east county and central county under the General Plan Update would decrease in the peak direction and increase in the non-peak direction relative to the 1993 Brentwood General Plan (see Table PR-4I-1). This shift is consistent with the fact that the General Plan Update assumes about a 40 percent increase in total employment and a 20 percent decrease in total population, compared to the 1993 Plan.

    d. The lower population levels combined with a projected increase in local jobs under the Plan Update, result in fewer peak direction commuters on Vasco Road.

    e. The General Plan Update would have a beneficial impact on Marsh Creek Road by reducing the number of daily vehicles using the corridor from 7,700 with the 1993 General Plan to 7,400 with the proposed General Plan Update.

    f. Adoption of the General Plan Update is necessary to allow for future development within the Brentwood Planning Area while striving to preserve its existing identity and small town character.

    g. Adoption of this Plan Update is necessary in order to plan for and encourage future economic and employment growth within the City, while providing adequate housing for all economic segments of the community within an acceptable commute distance.

    h. Adoption of this Plan Update is necessary to ensure the timely development of a circulation system and other public facilities that will accommodate growth as it occurs.

    i. Adoption of this Plan Update is necessary to ensure the provision of the City’s share of the regional housing needs allocation plan.

    j. Three project alternatives to the proposed General Plan Update Land Use Element were analyzed and found to be infeasible or less desirable in that the same types of impacts would be created, to a greater or lesser degree, but without the attendant benefits to the provision of adequate housing, jobs, infrastructure, related services, and the need to preserve Brentwood’s small town character.

    k. This General Plan, has been drafted utilizing the principles of smart growth when possible, to incorporated job centers close to housing.

    l. Adoption of the General Plan is a confirmation of the majority of desires of the citizens of Brentwood, whom have actively participated in surveys, meetings, Working Group meetings, and public hearings. 

    6. The City Council has considered the FEIR and certifies the FEIR as being adequate pursuant to CEQA.

    7. The 2001 General Plan Update Text, Map Amendments, and Addendum incorporated herein by reference, are internally consistent with and implement the balance of the General Plan.

    8. The associated Zone Changes are consistent with the General Plan Update and other applicable City plans, and are appropriate to the public interest, in that they will help implement the General Plan, and protect, maintain and enhance the built environment and economy of Brentwood.

    NOW, THEREFORE, the City Council of the City of Brentwood ordains as follows:

    1. The GPU FEIR is Certified for the project.
    2. The 2001 General Plan Update Text, Map Amendments, and Addendum incorporated herein by reference, are adopted.
    3. The associated Zone Changes as described in the chart and map incorporated herein by reference, titled GPU Associated Zone Changes, are approved.

    4. Based on the October 23, 2001 actions of the City Council approving the Fairview Avenue/Lone Tree Realignment EIR, the City Council hereby adopts an Amendment to the General Plan Circulation Element to adopt Alternative 5 of that EIR as the preferred general alignment for this intersection and associated road network. As this was studied by the Planning Commission as part of the GPU process, and included with the EIR review of the Circulation Element Update, the City Council finds and determines that this change is not a substantial change to the GPU as recommended for approval by the Planning Commission on September 24, 2001. 

    5. This Ordinance shall take effect and be in force thirty (30) days following its adoption and, prior to the expiration of fifteen (15) days after its adoption, it shall be published once with the names of the council members voting for and against it in a newspaper of general circulation, available in the City of Brentwood.

    6. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

    7. Any judicial review of this Ordinance shall be by writ of mandate under Code of Civil Procedure 1085. Any action or proceeding seeking to attack, review, set aside, void or annul this ordinance shall be commenced within 90 days after the adoption of this Ordinance.

    8. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law. Further, the City Clerk is directed to cause Section 2 of this Ordinance to be entered in the Brentwood Municipal Code.

    9. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

    THIS ORDINANCE was introduced with first reading waived at a regular meeting of the Brentwood City Council on the 7th day of November, 2001, and adopted at a regular meeting of the Brentwood City Council the 27th day of November, 2001 by the following vote: 

    AYES:

    NOES:

    ABSTENTIONS:

    ABSENT:

    APPROVED: 

    ___________________________________
    Michael A. McPoland, Sr., Mayor

    ATTEST:

    Karen Diaz, CMC, City Clerk

    APPROVED AS TO FORM:

    Dennis Beougher
    City Attorney

    CITY OF BRENTWOOD GENERAL PLAN UPDATE:
    EXECUTIVE SUMMARY

    GP Update Objectives
    The General Plan serves as the City of Brentwood’s official blueprint for managing development and ensuring orderly growth. Since the City’s last comprehensive General Plan revision in 1993, the City’s population has more than doubled. In 1999, the City Council initiated a focused General Plan Update (GPU) of the City’s Land Use, Circulation, and Growth Management Elements to plan for future growth and development. 

    The primary objective of the update process was a General Plan, which will reduce the City’s ultimate population, create more high quality employment opportunities, and preserve and enhance Brentwood’s quality of life. 

    Public Participation Process
    To ensure a successful and inclusive General Plan Update, the City utilized a proactive public participation process, which has been recognized by the Governor’s Office of Planning & Research as “outstanding.” The public participation process included diverse components designed to reach all sectors of the community, including:
    · Four community visioning workshops attended by hundreds of citizens. The workshops provided the community with a forum to discuss their vision for what Brentwood will be in the future, and were also an opportunity to gather public opinion on future growth and development, transportation, housing, infrastructure, and provision of services. 
    · Effective and creative methods of notifying the public about the planning process kept the public informed, and guaranteed high levels of participation. Outreach methods included a multiple page flyer in the local newspaper, posters in local storefronts, City newsletters delivered to every household, notices sent home with every school child, multiple notices delivered to every property owner within the planning area, advertisements on cable television, and information on the City’s web-site. 
    · A 400-person telephone survey was conducted to ensure that Brentwood residents contributed their ideas regarding planning for the City’s future. The surveys addressed similar planning topics as were covered at the public workshops. 

    General Plan Working Group
    An essential part of the GPU process is the General Plan Working Group, which served as steering committee for the entire update. The Working Group was comprised of 21 local citizens and City officials, and represented diverse City interests and viewpoints. The Working Group met on a regular basis over the course of the planning process, and held 25 public meetings over a two-year period to review public input and to work on preparing the General Plan Update. 

    Throughout the planning process, the Working Group worked closely with City staff, consultants, and interested citizens to complete the draft General Plan Update. At the beginning of the process, the Working Group utilized information gathered at public workshops to develop 27 General Plan Principles, which illustrate Brentwood’s vision for the future growth and development. The Working Group also used this data to create four Population Study Points; each one an alternative land use pattern for Brentwood’s future growth. 

    Study Points
    Each Study Point consists of a unique land use pattern (illustrated on a map), target population size, and number of jobs. The Study Points were presented to the public and to the Working Group in a March 2000 Land Use Options Workbook, and contain the following characteristics:
    · Study Point 1 is the Pipeline Buildout/No Growth Alternative. The population for this alternative is approximately 40,000. To keep the population that low, almost all of North Brentwood would remain undeveloped, and few jobs would be created under this alternative.
    · Study Point 2 maps out a 70,000 population. It retains low density housing and creates job centers along the Highway 4 Bypass. It also provides for Smart Growth development around the job centers and Downtown Brentwood.
    · Study Point 3 is derived from the 1993 General Plan. According to this Study Point, the population would be approximately 90,000 at buildout. 
    · Study Point 4 increases the population to 120,000, by increasing densities and expanding areas of development in the City. 

    The Working Group and the community utilized a series of charts in the Workbook to compare the Study Points on the basis of jobs/housing balance, schools, parks, traffic, open space and fiscal impacts. 

    After additional analysis, work with City staff and consultants, community meetings and an intense round of public input, the Working Group settled on a variation of Study Point 2 as the Draft Preferred Alternative.

    Land Use Requests
    As part of the update process, the City received over 100 requests from property owners to change their land use designations. Each request was painstakingly analyzed, mapped and presented to the Working Group. This process of closely reviewing land use requests added extra time to the update schedule, as well as several additional Working Group meetings.

    After considering all land use requests, the Working Group modified the Preferred Alternative to reach a population of approximately 75,000, and increased the jobs/housing balance to 1.5 jobs per household, which meets the goal recommended by economists and planners. 

    Policy Development, Plan and EIR Preparation
    The Working Group next completed the framework of the GPU with the creation of important goals, policies, and implementation mechanisms to guide land use, circulation and growth management. This was followed by preparation of an Environmental Impact Report, which is a very detailed, technical study required by State law, to determine the potential for any negative impacts and appropriate mitigation measures related to the GPU. 

    Summary
    The GPU has achieved the City Council’s original goals of preserving and enhancing Brentwood’s quality of life, reducing ultimate population size, and increasing jobs in the City. Additionally, all residents and property owners in Brentwood had the opportunity to participate in the process, and the high rate of participation contributed greatly to the planning process, and the final product. The Governor’s Office of Planning and Research has praised the City and the citizens of Brentwood for organizing a comprehensive, inclusionary public participation process. As a result of this process, the City of Brentwood’s General Plan Update is a new blueprint for smart growth patterns and intelligent planning to guide future decision-making within the community. 

    Addendum:
    Changes to the City of Brentwood Draft General Plan

    1. Add the following streets to the Roadways Map and Land Use Map: Eureka Avenue, Payne Avenue, Dainty Avenue, the northern portion of Minnesota Avenue, Apricot Way from Empire Avenue to Fairview Avenue, Concord Avenue, Chestnut Avenue, extension of Sunset Road (This change is reflected on the revised Land Use Map)
    2. Show Walnut Boulevard as a major arterial north of the Bypass and as a collector south of the Bypass (This change is reflected on the revised Land Use Map)
    3. Ensure consistency of the Planning Area Boundaries on the Roadways map and on the Land Use Map (This is reflected on the revised Roadways map and on the revised Land Use Map)
    4. Change/update the location of the High School/Elementary School sites in the Northwest area, based on consultation with the school districts (This is reflected on the revised Land Use Map)
    5. Review all of the school locations with the school districts, and reflect the most updated future school sites on the Land Use Map (These sites are reflected on the revised Land Use Map) 
    6. Update the acreage and land use mix for SPA B (Acreage has been changed to 112 acres) to reflect the latest City action. The land use mix for SPA B is as follows:

    · Medium Density Residential - 32 Acres
    · General Commercial - 33 Acres
    · Business Park - 47 Acres 
    7. Add an action item in the Circulation Element to update the noise contours and noise data as follows:

    Add the following Action Program to Policy 3.1 of the Circulation Element (Chapter III, Page 22):

    Action Program Responsible Agency/Department Time Frame Implementation Mechanism
    3.1.5 Noise: Ensure that the noise information in other elements of the General Plan remains consistent with this Circulation Element. City of Brentwood Engineering and Community Development Departments Adopt any necessary amendments within 18 months of General Plan Adoption · Update of Noise Element (22)

    In addition to this Action Program, add the following paragraph to the Summary of Implementation Mechanisms of the Circulation Element (Chapter III, Page 26):

    22. Update of Noise Element. Consolidate the noise information from the 2001 General Plan update and its Environmental Impact Report, conduct any necessary additional analysis, and update the Noise Element, as required.

    8. Reflect the adoption and content of the Residential Growth Management Program in the text of the Growth Management Element as follows:

    Insert the following paragraph before the last paragraph of the Setting section of the Growth Management Element (Chapter II, Page 2):

    The City’s commitment to growth management also is illustrated by the enactment of a Residential Growth Management Program (RGMP) in July 2001. The RGMP establishes a residential growth allocation system that ensures that growth is orderly and efficient, while simultaneously meeting the City’s appropriate share of the regional need for housing.

    Add the following to Policy 1.1 of the Growth Management Element (Chapter II, Page 6):

    Action Program Responsible Agency/Department Time Frame Implementation Mechanism
    1.1.9 Orderly Growth: Ensure that the rate of growth is consistent with the ability to provide adequate municipal services. City of Brentwood Community Development Department Ongoing · Residential Growth Management Program (21)

    Add the following to Policy 1.2 of the Growth Management Element (Chapter II, Page 7):

    Action Program Responsible Agency/Department Time Frame Implementation Mechanism
    1.2.6 Orderly Growth: Ensure that the rate of growth is consistent with the ability to provide adequate school services. City of Brentwood Community Development Department Ongoing · Residential Growth Management Program (21)

    Add the following to Policy 1.3 of the Growth Management Element (Chapter II, Page 9):

    Action Program Responsible Agency/Department Time Frame Implementation Mechanism
    1.3.10 Orderly Growth: Ensure that the rate of growth is consistent with the ability to provide adequate parks. City of Brentwood Community Development Department Ongoing · Residential Growth Management Program (21)

    Add the following to Policy 1.4 of the Growth Management Element (Chapter II, Page 11):

    Action Program Responsible Agency/Department Time Frame Implementation Mechanism
    1.4.9 Orderly Growth: Ensure that the rate of growth is consistent with the ability to provide adequate public safety services. City of Brentwood Community Development Department Ongoing · Residential Growth Management Program (21)

    Add the following to Policy 1.5 of the Growth Management Element (Chapter II, Page 14):

    Action Program Responsible Agency/Department Time Frame Implementation Mechanism
    1.5.7 Orderly Growth: Ensure that the rate of growth is consistent with the ability to provide adequate transportation services. City of Brentwood Community Development Department Ongoing · Residential Growth Management Program (21)

    Make the following additional changes to the Goals and Policies section of the Growth Management Element (Chapter II, Page 4 through Chapter II, Page 18): In the Implementation Mechanism column, change “Sewer Master Plan (21)” to “Sewer Master Plan (22)” and change “Specific Plans (22)” to “Specific Plans (23)”

    Add the following paragraph to the Summary of Implementation Mechanisms of the Growth Management Element (Chapter II, Page 21):

    21. Residential Growth Management Program. The Residential Growth Management Program (RGMP) provides for the orderly residential development of the City. Implementation of this program will result in a better linkage between rates of growth and the provision of infrastructure and services.

    Make the following changes to the Summary of Implementation Mechanisms of the Growth Management Element (Chapter II, Page 21): Change “21. Sewer Master Plan” to “22. Sewer Master Plan” and change “22. Specific Plans” to “23 Specific Plans”
    9. Amend Growth Management Policy 1.5, Traffic Service Standards (the last sentence on Chapter II, Page 12): No project shall cause the level of service standards specified above to be exceeded unless a Finding of Special Circumstances is made by the City and the Contra Costa Transportation Authority. 
    10. Amend Growth Management Action Program 1.6.2, Concurrent Infrastructure (Chapter II, Page 15): The City will ensure that final development approvals (tentative maps, final maps, building permits, occupancy permits) are not issued unless the City is assured that adequate infrastructure (wastewater, water, flood control, parks, trails, police, fire, emergency services, and public utilities and roadways) is in place or will be in place concurrent with the need for such infrastructure. Policy 1.5 addresses adequacy of roadways. 
    11. Look at the General Commercial/Regional Commercial designation, and update the definitions to make them more flexible, change the following description of the Regional Commercial (RC) land-use category in the Land Use Element as follows (Chapter I, Page 9): “. . . State Route 4 bypass on large development sites over twenty (20) acres.”

    12. Confirm the floating fire station locations with the Fire District. The fire station sites were discussed and confirmed with the Fire District, and these locations were included in the latest (Sept. 2001 Draft) Land Use Map.
    13. Clarify the “floating locations” for future parks, schools and fire stations on the Land Use Map and in the text (explain that they are representations of general future, and are not tied to any specific parcels at this point) (This is reflected on the revised Land Use Map)
    14. Add arrows, where applicable, to the Roadways Map, to indicate the continuation of roads, including Sunset and Balfour eastbound (This is reflected on the revised Roadways Map and the revised Land Use Map)
    15. Delete the westbound arrow on Balfour (This is reflected on the revised Roadways Map and the revised Land Use Map)
    16. Update the Land Use Map to accommodate landowner requests 2A (Reorganization of commercial/office uses in SPA E), 2B (3.7 acres of HDR development for senior housing in SPA E), and 2C (HDR and General Commercial for parcels west of the Bypass and north of Balfour Road) (This is reflected on the revised Roadways Map and the revised Land Use Map)
    17. Renumber the chapters, figures and tables in the General Plan updated elements to be compatible with the other existing plan elements (This item will be completed before the final plan is printed)
    18. Update the Planning Area Map to show the extension of the Planning Boundary to Bixler Road (This is reflected on the revised Planning Area Map)
    19. Amend Circulation Goal 3, Livability (Introduction, Page 9 and Chapter III, Page 21): A transportation system, including safe and adequate streets, trails, signals, sidewalks, pathways, curbs, gutters, streetlights, transit amenities, and signage that maintains and enhances the livability of the City. 
    20. Amend the Circulation Element text (Public Transit and Park and Ride Facilities, Chapter III, Page 4) as follows: 
    In addition, BART express bus service is provided by Tri Delta Transit, connecting Brentwood to the Concord Pittsburg/Bay Point BART station. This service also passes through Pittsburg, Antioch and Oakley. Tri Delta Transit also provides express bus service to Lawrence Livermore Laboratory and to Hacienda Business Park in Pleasanton. 
    Brentwood BART has established and owns one park and ride location on the northeast corner of Walnut Boulevard and Dainty Avenue. This lot is currently underutilized. The lot can be used for BART Tri Delta Transit express bus service users, local bus users, and private carpools. 
    21. Delete inconsistency in Land Use Element, Special Planning Area text, Chapter I, Page 15, first full paragraph after Section D: At the discretion of the City, Specific Plans or Planned Development Zoning will be required . . . 

    22. Land Use Element, Special Planning Area text, Chapter I, Page 16, add new last paragraph: In case of a difference in the land use text description of a SPA, and the Land Use Map, the SPA description will take precedence, unless otherwise determined by the City.

    23. Land Use Element, Special Planning Area text, Chapter I, Page 40, SPA P, third paragraph, mid paragraph: The southerly 30 – 40 acres is designated for either all office, or retail, or a combination of office, retail and residential allowing up to very high density housing.

    24. Many years ago, five lots on the east side of Berry Lane, just north of Broderick Drive were developed with legal, nonconforming uses (duplexes on the northerly two lots and 4-plexes on the southerly three lots), although the zoning is R-1, single family residential, and the land use is low density residential.

    In order to correct this situation, and enable the property owners to rebuild the existing uses in the case of destruction by fire, earthquake or other natural causes, staff is recommending that the land use on these five lots be changed to high density residential (H), and that the zoning be changed from R-1 to a Planned Development for a maximum of 16 total units on the entire 5 lots. Due to the small size of the individual lots, the high density designation is necessary. The PD zoning will enable the respective property owners to rebuild the site as it exists today in the event of a “calamity,” and yet insure to the surrounding residents that no more than 16 units could occupy the area, unless of course the existing or future property owners apply for a general plan amendment and rezoning. This area is reflected in the Associated Zone change map as #60.

    25. The property owner of this 3.07 acre parcel has asked for consideration to change the land use and zoning designation to commercial due to the nature of the use on the adjacent 3.07 acre parcel to the north. The easterly one-third of his property (adjacent to Brentwood Blvd.) is currently zoned C-1, neighborhood commercial which is consistent with the existing and proposed land use and with the adjacent properties to the south along Brentwood Blvd. The westerly two-thirds of the parcel is designated as very low density residential in the general plan update, with a recommendation to change the existing zoning from R-1-6 to R-1-E, in order to implement the new land use designation.

    The property owner would like to develop his property but states that with the adjacent auto wrecking yard along his northerly boundary (which is not visible from Brentwood Blvd.) there is no one in their “right mind” that would attempt to build residential. The owner feels that the development costs in “cleaning up” the auto yard site precludes its re-development for many years which puts him in a bind as far as developing his property or selling it for development at this time. Thus he is asking for this change in land use/zoning.

    Staff somewhat agrees with the property owner, but would prefer to see a C-1, Neighborhood Commercial Zoning designation rather than a General Commercial (C-3) designation on the property. This reasoning is based more upon taking into consideration the adjacent very low density residential to the west and south of the owners parcel, than in the existing use to the north of his site. This parcel is designated as #61 on the Associated Zone change map.

    26. Land Use Element, SPA text, Chapter I, Page 25, SPA E, second paragraph: Approximately 300 homes have been approved and are under construction in the southwest portion of the SPA. The balance of the SPA is currently vacant with no buildings but has been recently used for grazing, and has numerous abandoned oil and gas wells.

    27. Land Use Element, Special Planning Area text, Chapter I, Page 18, SPA A, second paragraph: Provide a mixed use business park or retail development consisting of primarily professional office, and/or retail commercial and limited light industrial uses with complementary commercial services. The office and retail land uses . . .

    28. At the Mayor’s request, three land use changes have been included in the November Draft Land Use Map. The first change relates to approximately 152 acres located south of Sunset Road and immediately west of Sellers Avenue. The existing General Plan designation is Urban Reserve and the requested designation is Low Density Residential. The change would result in approximately 454 additional dwelling units and add approximately 1,300 persons to the City’s population. This request has been made to assist with the provision of infrastructure and accelerate future planned circulation improvements within the area. This change would not alter the conclusions of the environmental analysis for the General Plan Update. This area is outside the Urban Limit Line (ULL) and development will be subject to an ULL amendment and annexation.

    The second change involves approximately 36 acres within the western portion of SPA E. The request is to change from Ranchette Estate to Very Low Density residential and allow up to a maximum of 108 dwelling units clustered on 36 acres with careful attention to protection of scenic hillsides that are to be left as open space to protect existing views. The change would result in approximately 90 additional units and increase the City population by approximately 257 persons. This change is requested to cluster homes within the flatter portion of the site and locate more residences in close proximity to the planned commercial uses on the north side of future Sand Creek Road. This change would not alter any of the conclusions in the environmental analysis for the General Plan Update. 

    The final change is the addition of a SPA overlay on the Ginochio property west of the City limits and north of Balfour Road to help ensure that any future development of the area is planned in a coordinated fashion. This change would not alter the conclusions of the environmental analysis for the General Plan Update. This area is also outside the ULL and any development will be subject to an ULL amendment and annexation. This change would be made via the inclusion of the following text within the General Plan:

    “Special Planning Area R

    Background: SPA R, consisting of approximately 615 acres, is bounded by Deer Valley Road on the west, Antioch city limits on the north, Brentwood city limits and the Shadow Ridge development on the east, and Balfour Road on the south. This area is located in the western portion of the Planning Area and is currently outside the City’s Sphere of Influence. No land use designation is included for this area as that would be premature, and due to the need for future land use planning, and environmental analysis of this land.“

    2001 General Plan Update

    Proposed Rezonings Map

    Note: 

    This map is 24” x 36” and cannot be scanned for electronic insertion into this Staff Report.

    Brentwood City Councilpersons have each received a large size copy of this map and there is a copy available to the public for viewing at:

    Community Development Department
    City of Brentwood
    104 Oak Street
    Brentwood, CA

    U. S. Government Video Cassette

    “Out of Sight – Out of Mind”

    Attachment to Patrick Calhoun Letter

    Note: 

    § A copy of this video cassette was provided to each Brentwood City Councilperson.

    § Others may make an appointment to view this tape by calling:
    Sharon Lundstrom
    Community Development Department
    City of Brentwood
    (925) 516-5405

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