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CITY COUNCIL AGENDA ITEM NO. 18




Meeting Date: August 13, 2002

Subject/Title: Public Hearing: Consideration of Residential Growth Management Program (RGMP) allocation for Braddock & Logan Services, Inc.

Submitted by: Mitch Oshinsky, Community Development Director/Erik Nolthenius, Associate Planner

Approved by: John Stevenson, City Manager

RECOMMENDATION
The RGMP Committee recommends that the City Council pass a Resolution granting an allocation for 47 dwelling units to Braddock & Logan Services, Inc.

PREVIOUS ACTION
The City Council previously allocated 36 lots to the applicant for an 8-acre site on October 23, 2001, as part of the first RGMP cycle. The RGMP Committee met on July 18, 2002, to consider the revised allocation request of 47 lots, and formulated a recommendation to the City Council regarding the only application that was submitted for this cycle.

BACKGROUND
The originally approved allocation was for a site that represented the eastern 8 acres of a 20-acre parcel owned by the Roman Catholic Diocese of Oakland on the northeast corner of Central and Fairview. The original request from the applicant had the subdivision at the corner of Central and Fairview, with the new church to the east. During the first RGMP process, it was agreed that the two projects be "flipped" so that the church could occupy the more prominent corner location. Braddock & Logan also agreed to provide two substantial amenities, including full street frontage improvements for the church and housing on both Central and Fairview, as well as contributing $25,000 for embellished landscaping at the corner of Central and Fairview. These amenities were the rationale for the City Council's approval of the 36-lot allocation.

The church subsequently received Planning Commission approval for a new facility at the corner of Central and Fairview; however, a number of additional roadway improvements were required for that project that had not been identified during the RGMP process, rendering the 36-lot subdivision financially infeasible. The church has agreed to sell Braddock & Logan an additional 2 acres to allow for the creation of a larger subdivision, thereby spreading the cost over a total of 47 lots on 10 acres. The conceptual development plan for the subdivision includes two points of access, with one from Central Boulevard on the south side of the subdivision and one from the completion of Cherry Tree Way in the northeast corner of the subdivision (see copy of plan attached). Braddock & Logan has not proposed any changes to the previously referenced amenities.

The application was rated by the RGMP Committee based on awarding points to a set of 10 criteria that were established as part of the RGMP. A project needs a minimum of 100 points to receive an allocation. Staff initially reviewed the application and provided a recommendation to the RGMP Committee, which met on July 18, 2002 (a copy of Staff's memo to the Committee is attached). When the Committee met to consider Staff's recommendation, two changes were made. The first was to require that the referenced street improvements be completed prior to the issuance of any building permits for the new subdivision, and the second was to require a pocket park somewhere within the subdivision. A total of 53 allocations have been awarded so far for fiscal year 2001-02, with the 47 currently requested representing the last cycle for the fiscal year. If approved, a total of 100 allocations will have been awarded for the fiscal year.

ANALYSIS
The original allocation was 12 units over the mid-range of 3 dwelling units per acre (36 lots on 8 acres), while the revised allocation request is 17 units over the mid-range (47 lots on 10 acres). The allocation request, as revised, sufficiently meets the criteria established by the RGMP in order to obtain a total of 100 points. The RGMP Committee recommends that the City Council approve the request for 47 lots to Braddock & Logan Services, Inc., in accordance with the attached resolution. If Council approves this allocation, the next step will be to take the amended plans to the Commission for approval.

FISCAL IMPACT
None

ATTACHMENTS
1. Resolution No. ____
2. Memorandum from Staff to the RGMP Committee, dated July 18, 2002
3. Letters from Braddock & Logan Services, Inc., dated June 18, 2002 and March 28, 2002
4. Reduced copy of proposed subdivision

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD GRANTING A REVISED ALLOCATION FOR 47 DWELLING UNITS TO BRADDOCK & LOGAN SERVICES, INC. IN ACCORDANCE WITH ITS APPLICATION SUBMITTED FOR THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM (RGMP) FOR THE CYCLE ENDING MARCH 30, 2002, LOCATED ON THE NORTH SIDE OF CENTRAL BOULEVARD, APPROXIMATELY 660 FEET EAST OF FAIRVIEW AVENUE (EAST HALF OF APN 017-050-027).

WHEREAS, the City Council adopted Resolution No. 2326 adopting a Residential Growth Management Program (RGMP) to provide for the review and evaluation of residential growth in the City of Brentwood on July 6, 2001; and

WHEREAS, on September 11, 2001, the City Council adopted Resolution No. 2363, amending Resolution No. 2326, the RGMP; and

WHEREAS, the RGMP provides for the submittal of applications for dwelling unit allocations in three separate cycles during the fiscal year, beginning in July, with the last submittal deadline being March 30; and

WHEREAS, the City Council previously allocated 36 dwelling units to Braddock & Logan Services, Inc., on October 23, 2001, for an 8-acre site; and

WHEREAS, an application was submitted by Braddock & Logan Services, Inc. for 47 dwelling units on a 10-acre site, in effect revising their original application for 36 dwelling units that was submitted during the first cycle of the RGMP; and

WHEREAS, Staff reviewed said revised application with respect to the criteria established by the RGMP and recommended a specific point total be awarded; and

WHEREAS, Staff prepared a memorandum to the RGMP Committee including the recommended point total and corresponding rationale for awarding said points based in part on information submitted by the applicant in support of its application; and 

WHEREAS, the RGMP Committee conducted a noticed public meeting on July 18, 2002, to consider Staff's recommendation after reviewing the memorandum from Staff and all available information related to the application; and

WHEREAS, the RGMP Committee recommended to the City Council that the application receive a total of 100 points; and

WHEREAS, a minimum of 100 points is needed to receive an allocation and the applicant was notified of the point total recommended by the RGMP Committee; and

WHEREAS, on August 13, 2002, the City Council held a public hearing and reviewed all available information, including the application, correspondence from the applicant, Staff's memorandum to the RGMP Committee, the report prepared by Staff to the Council on the recommendation of the RGMP Committee, and public testimony; and

WHEREAS, consideration of this application 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 any granting of an allocation for dwelling units will need to be followed by an appropriate Tentative Subdivision Map application to receive an actual entitlement, including the appropriate level of environmental review in compliance with CEQA.

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 finds that Braddock & Logan Services, Inc., has achieved the minimum required total of 100 points and grants the requested allocation of 47 dwelling units in accordance with its application based upon the two stipulations that it complete full street frontage improvements along both Central Boulevard and Fairview Avenue prior to the issuance of building permits for the proposed subdivision, and that it include a pocket park in the design of the proposed subdivision.

Section 3. The City Council finds that this action is exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines, and directs Staff to file the Notice of Exemption with the County Clerk.

PASSED AND ACCEPTED by the City Council of the City of Brentwood at their regular meeting of August 13, 2002, by the following vote:

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