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CITY COUNCIL AGENDA ITEM NO. 26

Meeting Date: May 27, 2003

Subject/Title: Approve a Resolution amending Resolution No. 2752 to clarify that if an applicant with property in the northwest quadrant area submitted a complete application by the July 6, 2003 deadline, the project would be exempt from the Residential Growth Management Program

Submitted by: Dennis Beougher, City Attorney

RECOMMENDATION
Approve the attached resolution clarifying the exemption to the Residential Growth Management Program (“RGMP”) for properties in the northwest area of the City to allow the RGMP exemption to include those owners who have received a letter of completion on their application prior to July 6, 2003.

BACKGROUND
By Resolution 2326, the City Council approved a residential growth management program (“RGMP”) in order to moderate the effects of growth and synchronize residential growth with the necessary infrastructure and municipal safety services. As part of the same resolution, the northwest area of the City was recognized as the key to creating more jobs in the City and as a major source of retail sales taxes. As this area lacked major infrastructure improvements, such as storm drainage, sewer, water, and roads, that would benefit the entire City, this area was given an 18 month exemption from the RGMP that would stimulate residential development that would help fund the major infrastructure needed for commercial development in this area.

The results of the exemption to the RGMP to this area is very evident. Almost the entire area planned for residential development in the northwest area subject to the exemption, either has an application submitted, tentative map approved, or final map approved. As the original exemption was in effect for only 18 months, it was extended by Resolution 2752, adopted on November 26, 2003, for another 6 months until July 6, 2003.

Resolution No. 2752 provides as follows: “No. 6. Projects in the Northwest area, as shown in the map attached to this RGMP, and subject to approval of a tentative map by July 6, 2003.

ANALYSIS
The question has been asked about what approval of a tentative map means. The Subdivision Map Act provides that a city has 30 days to determine whether an application is complete. If the City does not respond within the period, the application is “deemed complete.” Government Code Section 65943(a). Once the application is complete, the Subdivision Map Act Sections 66452.1 and 66452.2 sets forth certain statutory time periods for reporting and acting upon the application, depending upon which board/commission/council is charged with approving the map.

There are three applications (the Lewis property, Blumen/Martinez property and Rose Garden project) that are located in the northwest area that would qualify for the RGMP exemption that will have their application completed, but may not have a tentative map approved by the July 6, 2003 deadline.

Staff recommends amending Resolution No. 2752 to clarify that if an applicant with property in the northwest quadrant area submitted a complete application by the July 6, 2003 deadline, the project would be exempt from the RGMP.

Attachment:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL AMENDING RESOLUTION 2752 TO CLARIFY THAT IF AN APPLICANT WITH PROPERTY IN THE NORTHWEST QUADARNAT AREA SUBMITS A COMPLETE APPLICATION BY JULY 6, 2003 THE PROJECT WILL BE EXEMPT FROM RGMP

WHEREAS, the City Council approved by Resolution No. 2356, a Residential Growth Management Program (“RGMP”), in order to moderate the effects of growth and synchronize residential growth with the necessary infrastructure and municipal safety services; and

WHEREAS, as part of the same resolution, the Northwest Quadrant area of the City was recognized as the key to creating more jobs in the City and as a major source of retail sales taxes; and

WHEREAS, as the Northwest Quadrant area lacked major infrastructure improvements, such as storm drainage, sewer, water, and roads, that would benefit the entire City, this area was given an 18 month exemption from the RGMP that would stimulate residential development that would help fund the major infrastructure needed for commercial development in this area; and

WHEREAS, as the original exemption was in effect for only 18 months, it was extended by Resolution No. 2752, adopted on November 26, 2003, for another 6 months, or until July 6, 2003; and

WHEREAS, Resolution No. 2752 provides as follows: “No. 6. Projects in the Northwest area, as shown in the map attached to this RGMP, and subject to approval of a tentative map by July 6, 2003; and

WHEREAS, there are three applications (the Lewis property, Blumen/Martinez property and Rose Garden project) that has a specified longer exemption, that are located in the northwest area that would qualify for the RGMP exemption that will have their application completed, but may not have a tentative map approved by the July 6, 2003 deadline.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves amending Resolution No. 2752 to clarify that if an applicant with property in the northwest quadrant area submitted a complete application by the July 6, 2003 deadline, the project would be exempt from the RGMP.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of May, 2003, by the following vote:

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