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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: September 9, 2003

Subject/Title: Waive second reading and adopt Ordinance No. 756 for a Zoning Code Amendment adding Chapter 17.725 to provide an Affordable Housing Program.

Submitted by: Community Development Department (M. Oshinsky)

Approved by: John Stevenson, City Manager

RECOMMENDATION
The Planning Commission, Housing Committee and staff recommend that the City Council waive second reading and adopt Ordinance No. 756

PREVIOUS ACTION
On August 12, 2003, the City Council approved and waived first reading of Ordinance No. 756. On August 26, 2003, the City Council reapproved and again waived first reading of Ordinance No. 756 due to direction from the City Attorney.

BACKGROUND
Staff has incorporated the changes requested by the City Council at the August 12th meeting, by combining the priorities for affordable housing selection from 4 into 2 categories in Section 17.725.005.E., and adding that requests for in-lieu fees be taken to the Council Housing Committee, and then to Council on consent calendar, as an information item, in Section 17.725.004.A. and 17.725.005.A. Other changes include an additional 6 month phase-in at ¾ requirements, provisions for Second Units at ½ credit, and a few minor housekeeping changes. In response to the August 26, 2003 letter from the attorney for Meritage Homes, we have amended Section 3 of the findings within the adopting Ordinance to delete the word “major.”

The Affordable Housing Program is now ready for adoption.

FISCAL IMPACT
Implementation of the Affordable Housing Program will result in increased staffing and administrative costs. However, the Program includes an Affordable Housing In-Lieu Fee and Rental Housing Trust Fund that authorize up to 20% of collected funds to be used for Program staff and administrative costs. Staff anticipates that the Program will generate substantial funds for the creation of new affordable housing opportunities within the City.

Attachment:

Affordable Housing Program Ordinance
Mitigated Negative Declaration

ORDINANCE NO. 756

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO THE MUNICIPAL CODE ADDING CHAPTER 17.725 THAT ESTABLISHES AN AFFORDABLE HOUSING PROGRAM.

WHEREAS, the State of California has declared that the availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian is a priority of the highest order; and

WHEREAS, the City currently has an unmet need for lower income housing and has had residents come forward seeking additional affordable housing opportunities within the City; and

WHEREAS, the Housing Element of City of Brentwood General Plan includes the goal of providing housing that is affordable to all segment’s of Brentwood’s population and calls for the City to cooperate with non-profit, private, and public entities to maximize opportunities to develop affordable housing; and

WHEREAS, the City has monitored the effectiveness of voluntary incentives for producing affordable housing and concluded that a mandatory affordable housing program is needed to produce Brentwood’s fair share of affordable housing; and

WHEREAS, the provision of housing affordable to lower income households requires the cooperative participation of government and the private sector; and

WHEREAS, the City has met with housing developers to discuss the need and best methods to produce housing affordable to very low- and low-income households and has researched affordable housing programs throughout the State and has included multiple options to create new lower income housing opportunities within the community; and

WHEREAS, the City Housing Committee met several times to consider the Affordable Housing Program contained in this Ordinance, below; and

WHEREAS, following their review and consideration of the Affordable Housing Program, and input from the development community, a local affordable housing advocacy group, and the East Bay Foundation, the Housing Committee voted to recommend adoption of this Program to the Planning Commission and City Council; and

WHEREAS, the City prepared an Negative Declaration pursuant to the California Environmental Quality Act (CEQA) because the affordable housing program will not have a significant impact on the environment; and

WHEREAS, on August 5, 2003, the Planning Commission held a noticed public hearing and voted 5 – 0 to recommend approval of the Affordable Housing Program to the City Council; and

WHEREAS, a duly noticed City Council public hearing was advertised in the Ledger Dispatch as required by City and State law; and

WHEREAS; the City Council of the City of Brentwood held a public hearing on August 12, 2003 and considered the Affordable Housing Program and all information provided in the staff report, the recommendations by the Housing Committee and Planning Commission, and public comments received; and

WHEREAS, the City Council of the City of Brentwood makes the following finding per the Brentwood Municipal Code associated with this amendment:

This amendment is consistent with the General Plan and other applicable City plans, policies and regulations, and is appropriate to the public interest, in that it will help implement several General Plan Policies by providing a means to effect the provision of affordable housing opportunities within Brentwood.

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

SECTION 1. The Negative Declaration prepared for this project in accordance with CEQA is hereby adopted.

SECTION 2. The foregoing recitals and staff report are found and determined to be true and correct.

SECTION 3. The City Council finds as follows:

A. New emergency service, school, office, retail, industrial, hotel, warehouse, agricultural and other non-residential uses (hereinafter referred to as “non-residential uses” or “non-residential development projects”) in or near the City of Brentwood (“City”) have been, and continue to be, a factor in attracting new employees to the region. A number of these employees and their families reside, or will reside, in the City of Brentwood. These new employees and their families create a need for additional housing in the City of Brentwood.

B. Traditionally these non-residential uses have benefited from an affordable supply of housing for their employees at locations close to the place of employment. However, in recent years, the supply of affordable housing has not kept pace with the demand created by these new employees and their families. If this shortage were to grow or continue, employers would have increasing difficulty in locating in or near the City of Brentwood due to problems associated with attracting a labor force. Employees would be unable to find affordable housing in the area, and accordingly would be forced to commute long distances. This situation would adversely affect their quality of life, consume limited energy resources, increase congestion on already overcrowded highways and have a negative impact on air quality.

C. The competition for housing is especially acute with respect to households of very low and low income (those households with incomes of 50% - 80% or less, below median income for Contra Costa County). An identifiable portion of the new employees attracted to the City of Brentwood by new non-residential development will live in very low and low-income households and will therefore compete with present residents for scarce affordable housing units in the City. Increasing the production and availability of very low and low-income housing is especially problematic. Prices and rents for housing affordable to households of very low and low income remain below the level needed to attract new construction. This is even truer for households of very low income (those with incomes 50% or below median income for Contra Costa County). Federal and State housing finance and subsidy programs are not sufficient by themselves to satisfy the very low and low-income housing requirements associated with this employment.

D. On November 10, 1998, the Council adopted the Housing Element of the City of Brentwood General Plan. The Housing Element calls for the provision of additional housing for all sectors of the population, to accommodate the demands of both existing and new residents attracted to the region by increased employment. The Housing Element also provides that the City should make special efforts to encourage an increased supply of housing affordable to very low and low-income households. More specifically, the City of Brentwood within its Housing Element, committed itself to the establishment of a City Inclusionary Housing Program as a key element of its plan to help ensure that housing will be available for all economic segments, as required by State law.

E. It is recognized that it is inappropriate to impose this housing fee requirement on non-residential uses because the General Plan of the City contains goals and policies intended to encourage nonresidential development in order to achieve a healthy jobs housing balance for the City, that would reduce commuting and environmental impacts, and since a fee would act as a disincentive to those General Plan goals and policies, and would violate previous development agreements or other quasi-contractual agreements, or is preempted by state law; or because special characteristics of the use otherwise mitigate the impacts or are in themselves mitigation measures to assist the same very low and low-income population to which this ordinance is addressed or because it can be determined that the use categorically will have few or no employees, thus negating the required nexus.

F. One of the purposes of this ordinance is to establish a feasible means by which developers of residential development projects assist in increasing the supply of very low and low-income housing. The housing fee requirements contained in this ordinance are designed to create a rational relationship between the amount of housing need created by Brentwood development and the size of the fee, taking into account the impact of such fee on housing construction costs and economic feasibility.

G. The need to provide safe and sanitary dwelling accommodations to persons of very low and low income is a matter of citywide concern and represents a responsibility that should be borne by all sectors of the community. The enactment of a housing fee for residential development only partially addresses the total impacts caused by residential developments and is intended as one part of the City’s multi-faceted approach to affordable housing problems. Further regulatory changes to encourage the production of affordable housing will also be considered to address the existing and future need caused by non-residential uses. The City’s General Plan is attempting to attract non-residential development in an effort to meet its goal of jobs housing balance, and at this time a housing fee on nonresidential development would be a disincentive to attainment of such jobs housing balance goals.

H. Rental and owner-occupied housing in the City has become more and more expensive over time. Housing costs have gone up faster than incomes for many groups in the community.

I. Many persons who cannot afford housing in the City of Brentwood work in the City, have grown up or have family ties in the City, and/or already live and work in the City, but must move because housing is no longer affordable.

J. Federal and State government programs do not provide nearly enough affordable housing or subsidies to satisfy the housing needs of very low and low-income households who want or need housing in the City. Newly constructed housing is available in the City, with rare exceptions, only at prices that very low and low-income households cannot afford to pay.

K. Rising land prices have been a key factor in preventing development of new affordable housing. New market rate housing construction in the City aggravates the existing shortage of affordable housing by absorbing the supply of available residential land. This not only reduces the supply of land for affordable housing but also further increases the price of remaining residential land. At the same time, new housing contributes to the demand for goods and services in the City, increasing local employment at wage levels that often do not permit employees to afford housing in the City.

L. Rising land prices and the resultant lack of affordability of housing for local residents and people working in the City are further exacerbated by the high demand for housing for new residents who commute to the greater Bay Area to work. The use of limited residential land for these purposes further increases the price of remaining residential land.

M. The desirability of the City as a bedroom community for workers in the greater Bay Area labor market results from good schools, low crime, good parks, good quality of life, strong agricultural protection and open space policies resulting in a desirable living environment which in turn makes housing affordability for local residents who work in local industries even more difficult to achieve. The City’s General Plan and Municipal Code contain policy statements and regulations favoring the protection of agriculture and open space in the County and directing housing and other urban uses to the urban areas. Newly constructed homes in the upper end of the housing market further exacerbate the affordable housing problem by creating greater needs for many services typically provided by very low and low-income employees.

N. Because neither the private market nor the public sector has as yet provided the levels of housing affordability necessary for the maintenance of a balanced community through voluntary measures, local government must take an active lead to insure an adequate supply of housing for residents and working people of all income levels.

O. The citizens of the City wish to retain a balanced community, with housing available to very low and low-income households. The City agrees with the established policy of the State of California that each community should make available an adequate supply of housing to persons at all economic levels. The City’s use of its police power to regulate housing production in ways designed to achieve such a mix of units in the community is appropriate. As stated above, the Council has adopted the Housing Element of the City of Brentwood General Plan which supports the provision of additional housing for all sectors of the population, with an emphasis on the increased supply of housing affordable to very low and low income households, and calls for the establishment of an Inclusionary Housing program.

P. A balanced community is only possible if part of the new housing built in the City of Brentwood is affordable to very low and low-income households. Amending the Municipal Code of the City to require builders of new housing to include some housing affordable to very low and low income households, or to otherwise contribute to the effort to increase the supply of affordable housing in the City, is fair, not only because new development contributes to the shortage of affordable housing, but also because the land use regulations of the City in regard to new housing in the City should be consistent with the community’s goal of providing an adequate supply of housing for residents and working people of all income levels. Further in order to mitigate the impacts caused by new residential development in the City of Brentwood, it is appropriate to impose some of the cost of the increased burden of providing housing for very low and low-income households directly upon the sponsors of the development contributing to the shortage of affordable housing.

Q. The Council shall encourage the building and availability of affordable housing in the City by providing incentives and reducing the constraints on such development in the community. In this regard, the Council intends to consider such things as the establishment of public/private partnerships and the provision of incentives to the building community as provided by law in the Housing Element of the City of Brentwood General Plan, and in Chapter 17.725 of the Municipal Code.

R. Maintaining the affordability of units constructed under Chapter 17.725 best serves the goal of assuring a continuing supply of affordable housing for local residents and people who work in the City of Brentwood but cannot afford to live here. If affordable units are not restricted so as to continue to be affordable at the time of resale, then such units will become market rate units within a relatively short period of time and, with the limited supply of residential land combined with increasing local land and building costs, the units will not be replaceable.

S. The requirements of this ordinance are minimum requirements. The City reserves the right to require additional measures to further affordable housing to the extent it has authority to do so without respect to this Chapter. As mentioned above, the efforts contained in this Chapter are simply one aspect of the City’s developing strategy to address affordable housing needs on a variety of fronts.

T. Pursuant to Government Code Section 65913.2, the City Council has considered the effects of these actions on the City’s housing needs as established in the Housing Element of the General Plan.

SECTION 4. Chapter 17.725 relating to Affordable Housing is hereby added to the Brentwood Municipal Code as follows:
CHAPTER 17.725 AFFORDABLE HOUSING

17.725.001 TITLE AND PURPOSE OF PROVISIONS
17.725.002 DEFINITIONS
17.725.003 GENERAL REQUIREMENTS
17.725.004 ALTERNATIVE EQUIVALENT PROPOSAL
17.725.005 IMPLEMENTATION PROCEDURES
17.725.006 AFFORDABLE UNIT CONCESSIONS AND CONSTRUCTION INCENTIVES
17.725.007 AFFORDABLE HOUSING TRUST FUND
17.725.008 BRENTWOOD RENTAL HOUSING TRUST FUND
17.725.009 ENFORCEMENT
17.725.010 APPEAL
17.725.001 TITLE AND PURPOSE OF PROVISIONS.

A. Title: The provisions of Chapter 17.725 shall be known as the “Affordable Housing Program” of this title.

B. Purpose: The purpose of this Affordable Housing Program is to:

1. Enhance the public welfare and assure that further housing development contributes to the attainment of the City’s housing goals as described in the Housing Element of the General Plan, by creating, preserving, maintaining, and protecting housing affordable for households of low and very low income.

2. Assure that the remaining developable land in the City’s Planning Area is utilized in a manner consistent with the City’s housing policies and needs.

17.725.002 DEFINITIONS.

As used in this Chapter, each of the following terms shall be defined as follows:

A. Affordable Housing Cost is the cost defined in the California Health and Safety Code for owner-occupied and tenant-occupied units. The Housing Manager, on or about July 1 of each calendar year shall publish the maximum Affordable Housing Costs for sales prices and rents as calculated in accordance with the applicable provisions of the California Health and Safety Code.

B. Affordable Unit means an ownership or rental-housing unit, including senior housing, occupied by and available to households of low and very-low incomes at an Affordable Housing Cost, adjusted for household size as defined in this Chapter, with deed restrictions as defined in this Chapter in favor of the City.
C. Dwelling Unit means a dwelling designed and intended for occupancy by one household.

D. Household Size means the number of persons residing at least during 50% of a calendar year within a Dwelling Unit. For the purposes of this Chapter, appropriately sized Affordable Units for a given household size are as follows, or as may be amended by the California Health and Safety Code:

Persons 1 2 3 4 5 6 or more
Unit Size Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom

E. In-Lieu Fee means a fee paid to the City by an applicant in-lieu of providing the required Affordable Units.

F. Low, and Very-Low Income Levels means those income and eligibility levels as defined in the California Health and Safety Code and as published periodically by the California Department of Housing and Community Development, based on Contra Costa County median income levels adjusted for household size. Such levels shall be calculated on the basis of the gross annual income of all persons in the household.

G. Over-Concentration of Very Low- or Low-Income Households means a U.S. Census block group where 50% or more of the households are of very low or low income, as described in the City’s Low Income Concentration Study, any updates thereof, and the Housing Element of the General Plan.

H. Resale Controls and/or Rent Restrictions means legal restrictions by which Affordable Units shall be restricted to ensure that the unit remains affordable to low, or very low income households, as applicable, for a period of not less than 45 years for ownership units and not less than 55 years for rental units, or longer periods if required by State housing or redevelopment law. Resale controls for owner-occupied units shall be in the form of resale restrictions, deeds of trust, and/or other similar documents recorded against the subject property. Rent restrictions for rental units shall be in the form of a regulatory agreement recorded against the subject property. Rent restrictions for rental units owned by the City through the rental housing program, shall be permanent.

I. Residential Development includes, without limitation, single-family dwellings, multiple-family dwellings, Second Units (as defined by State law), groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, manufactured housing, mobile homes, and residential land subdivisions intended to be sold, leased, or rented to the general public.

17.725.003 GENERAL REQUIREMENTS.

A. Applicability. This Chapter shall apply to all new residential subdivisions or development projects of 4 or more lots or Dwelling Units designed and intended for residential occupancy in the City’s Planning Area. No residential development, other than that exempted below, shall be undertaken, and no building permits shall be accepted for processing or issued, unless the development has been approved in accordance with this Chapter. Developments or subdivisions of between 4 and 9 lots shall be required to pay the In-Lieu Fee or other alternative equivalent as provided in this Chapter.

B. Exemptions. The following are exempt from the Affordable Housing provisions contained in this Chapter:

1. Projects that have an approved Tentative or Final Map, Building Permit, development agreement, or have an application which has been deemed complete by the City, prior to the date of adoption of this Chapter, unless, in the case of an approved project, there is a condition of approval that requires that project to comply with any adopted affordable or inclusionary housing program or, in the case of a development agreement, the agreement expressly precludes the City from requiring compliance with this Chapter or an Ordinance of this nature. In cases in which there is such a condition of approval or the development agreement does not expressly preclude compliance with this Chapter, the project shall comply with this Chapter.

2. Replacement housing due to natural disaster on a one for one basis (i.e., one Dwelling Unit replaced for each legally existing Dwelling Unit).

3. Modifications to existing properties or structures that do not increase the number of Dwelling Units.

4. Residential care facilities with Dwelling Units that 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).

5. Subdivisions or Parcel Maps consisting of between 1 and 3 units.

6. Development of up to three new Dwelling Units on an existing residential lot of record.

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

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

9. Developments and/or subdivisions with between 4 and 9 lots or Dwelling Units shall be exempt from constructing Affordable Units otherwise required per this Chapter. However, the Housing In-Lieu Fee shall be paid for such projects as established by Resolution of the City Council, or other alternative equivalents shall be provided, as established in this Chapter.

C. Phase in Partial Exemption. Any development application for 4 or more units that has been submitted to the Community Development Department but has not been deemed complete as of the date of adoption of this Chapter (August 26, 2003), shall be subject to the following:

1. Compliance with ½ of the requirements of this Program for a period of 12 months following the date of adoption of this Chapter.

2. Compliance with ¾ of the requirements of this Program for a period from 12 months and 1 day, to 18 months following the date of adoption of this Chapter.

3. The phase in period of ¾ requirements shall sunset, and such development shall be subject to the full requirements of this Chapter, 18 months and 1 day after adoption of this Chapter.
4. Any development project approved prior to adoption of this Chapter that contains a condition of approval that requires compliance with any adopted affordable or inclusionary housing program, may comply with the requirements of this Chapter (in whole or in combination with payment of housing in-lieu fees, or alternative equivalents as provided for in this Chapter), by converting certain lots from single family to duplex Dwelling Units, subject to Design Review approval by the Planning Commission, but without having to amend any related approved Tentative Map.

D. Ten Percent Affordability Requirement. All new residential subdivisions or development projects of 4 or more lots or Dwelling Units designed and intended for residential occupancy shall construct or make arrangements to construct a minimum of 10% of the total number of Dwelling Units within the development as Affordable Units, allocated to income levels as set forth in this Chapter, except as otherwise provided by this Chapter, or as provided in a development agreement which specifies the means of satisfying this Chapter, or as specified by State Redevelopment Law (H&SC Section 33413). The foregoing requirement shall be applied no more than once to an approved development project, regardless of the changes in the character or ownership of the development project, provided the total number of units does not change. In applying this requirement, any decimal fraction less than 0.50 units shall be disregarded, and any decimal fraction equal to or greater than 0.50 units shall be construed as one unit.

E. Allocation of Affordable Units to Income Levels. Dwelling Units as defined in Section 17.030.050 C.1 – 5, for Very Low and Low Income Households as required by this Chapter shall be allocated as follows:

Single Family Dwellings

Low-income households 7%

Very Low-income households 3%

Multi-Family Dwellings

Low-income households 5%

Very Low-income households 5%

F. Conditions of Approval. Conditions of Approval calling for compliance with prior rules, regulations, laws, ordinances, and policies of the City shall be interpreted to require compliance with this Chapter.

G. Concurrent Construction. All Affordable Units in a residential development or phase of a residential development shall be constructed prior to or concurrently with market-rate units.

H. Design and Distribution of Affordable Units. All Affordable Units within a residential development shall be similar to the market rate units in exterior design, quality, materials, and architectural elements. Affordable Units may be smaller in size and have different interior amenities than the market rate units in a residential development. Affordable Units shall be dispersed throughout the development project so as to prevent the concentration of Affordable Units, unless the Planning Commission has approved an alternative distribution pattern, or approval of an off-site location has been granted.

I. Length of Affordability. All affordable ownership units shall remain affordable for a period of at least 45 years from date of original occupancy and each subsequent ownership, and all affordable rental units shall remain affordable for a period of at least 55 years from the date of the initial rental or leasing period, or longer periods as may be required by State housing or redevelopment law. Rental units dedicated to the City’s rental housing program through this Chapter shall be permanently rent restricted.

17.725.004 ALTERNATIVE EQUIVALENT PROPOSAL.

A residential developer may request to meet the requirements of section 17.725.003 by an alternative equivalent action. A proposal for alternative equivalent action may include, but is not limited to, payment of an in-lieu fee (available to single-family developments but not multi-family developments), dedication of vacant developable land, dedication of constructed units to the City’s Rental Housing Program, the construction of Affordable Units on another site, conversion of existing market rate units within the City to Affordable Units through acquisition and enforcement of required affordable rental/sales price restrictions consistent with this Chapter, or construction of Affordable Second Units (as defined by State Law). The off-site construction option, the vacant land dedication option, the conversion of market rate units to Affordable Units’ option, and the Second Unit option, may be used alone or in combination with each other. Any proposal shall show how the alternative proposed will further affordable housing opportunities in the City to an equal or greater extent than construction of on-site Affordable Units required under Section 17.725.003 D and E.

A. Approval of Payment of In Lieu Fees or Alternative Equivalent Proposal In Lieu of Construction of Affordable Units. An applicant may submit a written request to pay a Housing In-Lieu Fee or provide an alternative equivalent in-lieu of constructing very low-income Affordable Units that the developer would otherwise be required to construct pursuant to Section 17.725.003 D and E. The request, together with an Affordability Control Agreement per Section17.725.005.A, shall be reviewed by the City Manager or designee, considered for approval by the City Council Housing Committee, and forwarded to the City Council as an information item on their consent calendar agenda. The required low-income Affordable Units shall be constructed unless the applicant provides documentation to the satisfaction of the City Manager, detailing why it is not financially or otherwise feasible to construct those low-income Affordable Units, or unless satisfaction of this Chapter is obtained through Section 17.725.004 B, C, D or E.

The amount of the in-lieu fee (single-family only) shall be as set forth by resolution of the City Council, which may be amended from time to time to reflect inflation, and changed conditions in the City and the region. In-lieu fees shall be paid at issuance of the building permits for each market-rate unit in the project, and the amount of the fee shall be as set forth in the in-lieu fee resolution in effect at the time of issuance of the building permit. In-lieu fees paid to the City shall be deposited into the Affordable Housing In-Lieu Fee Fund in accordance with Section 17.725.007.

No in-lieu fee shall be allowed for multi-family developments. Multi-family developments must construct Affordable Units on-site or satisfy the affordable requirements through an alternative equivalent proposal other than payment of in-lieu fees.

B. Dedication of Vacant Developable Land. An applicant may dedicate vacant developable land to the City or City-approved non-profit housing developer in lieu of constructing all or a portion of the required Affordable Units, if the City Manager finds all of the following:

1. The dedication of vacant land in-lieu of constructing Affordable Units is consistent with this Chapter’s goal of creating, preserving, maintaining, and protecting housing for low, and very low-income households.

2. The dedicated vacant land is large enough and appropriately zoned to accommodate the number of units that the applicant would otherwise be required to construct by Section 17.725.003 D and E.

3. The dedicated vacant land is improved with adjacent infrastructure, utilities, grading, and all development-impact fees including, but not limited to school and flood control fees have been or will be paid by the applicant, excluding any affordable housing in-lieu fees.

4. The dedicated vacant land (if zoned multi-family) is not located within an area of the City currently experiencing an over-concentration of very low- or low-income households as defined in this Chapter.

5. 5. The dedicated vacant land is located inside the City, or the vacant land will be annexed to the City prior to issuance of any building permits to the applicant for his/her related market rate Dwelling Unit(s).

C. Off-Site Construction or Conversion of Market Rate Units To Affordable Units. Approval of requests for off-site construction or conversion of existing market rate units to Affordable Units within the City, in lieu of satisfying all or a portion of the affordability requirement on a project site must be obtained from the City Manager or designee.

An applicant may construct the required Affordable Units off-site from the proposed market-rate development site or convert existing market-rate units to Affordable Units with the approval of the City Manager or designee subject to all of the following findings and conditions:

1. The construction of the Affordable Units off-site or conversion of the existing market-rate units in lieu of constructing Affordable Units on-site is consistent with this Chapter.

2. That the developer has submitted documentation to the satisfaction of the City Manager or designee that demonstrates that it would be financially or otherwise infeasible or impractical to construct Affordable Units on-site, or that off-site construction or conversion of market-rate units to Affordable Units will significantly benefit the City.

3. The conditions of approval for the market rate development shall require that any off-site Affordable Units be governed by the terms of a deed restriction as specified in this Chapter, similar to that required for on-site Affordable Units.

4. The conditions of approval and subdivision guarantee for a residential project, or other security such as a cash deposit are adequate to require the construction of the off-site Affordable Units prior to or concurrently with the completion of the on-site construction of the market-rate units.

5. Pursuant to Policy 3.3 of the Housing Element of the General Plan, any multi-family Affordable Units to be constructed off-site cannot be located within any area of the City currently experiencing an over-concentration of low or very low income- households as defined in this Chapter.

6. Conversion of any existing units to Affordable Units shall be secured by an executed affordability agreement with recorded deed restrictions, prior to or concurrently with the issuance of building permits for the related market rate Dwelling Units.

7. The cost implications to the developer for conversion of market rate units to Affordable Units must be similar to the cost of on-site construction of the required Affordable Units. In-Lieu Fees may be paid by the applicant to equalize the costs, if necessary.

8. Market rate units converted to Affordable Units shall require inspection by the Community Development Department to ensure that the Affordable Units are in good condition and repair, and conform to all applicable City building and zoning codes prior to execution and recordation of an affordability agreement for the converted units, and prior to the occupancy of the market rate units.

9. It is preferred that market rate units being converted to Affordable Units be vacant or for sale by owner-occupants. Displacement of existing residents at any income level is discouraged. Existing low or very low-income households that occupy market rate units being converted to Affordable Units shall not be displaced from those units. If temporary or permanent displacement occurs while the converted units are being repaired or rehabilitated, the developer shall be responsible to pay relocation and moving benefits to the displaced households in accordance with the California Code of Regulations, Title 25, Chapter 6, (California Relocation Assistance Guidelines). The calculation of relocation and moving benefits to be provided by developers to temporarily or permanently displaced households shall be submitted to and approved by the City for verification of compliance with the California Relocation Assistance Guidelines.

D. Dedication of Affordable Units to the City of Brentwood. The City Manager or designee may condition, request or permit the dedication of constructed on-site or off-site affordable single family or multi family Dwelling Units or dedication of converted market rate units to the City of Brentwood’s Rental Housing Program as the means of satisfying this Chapter. Mobile homes and units within cooperative developments are excluded from dedication. Each unit dedicated to the City shall be in lieu of constructing two Affordable Units that would otherwise be required pursuant to Section 17.725.003 D and E. Any units dedicated to the City’s rental housing program shall be intended as rental units with permanent affordable rental restrictions included as deed restrictions. All units dedicated to the City via this Chapter shall have their infrastructure development fees and agricultural mitigation fees paid through the units rent stream, not by the developer, and the financial impact of this request or condition shall be similar to the cost of other means of satisfying this Chapter. If the developer is conditioned or requested to dedicate units by the City Manager, the developer shall comply with that condition or request unless the developer can document to the satisfaction of the City Manager how this means of satisfying the requirements is not similar to the cost of other means of satisfying this Chapter.

Any units dedicated to the City shall be less than 20 years old and be in good condition and repair, as verified by an inspection conducted by the Community Development Department. A second such inspection may need to be performed to confirm that any repair punchlist generated by the initial inspection is fulfilled prior to the City’s acceptance of the unit into the Rental Housing Program.

Net proceeds from the rent stream from these affordable rental units shall be deposited into a Brentwood Rental Housing Trust Fund administered by the City’s Finance Director in accordance with Section 17.725.008.

All single-family units dedicated to the City’s rental housing program shall have their front yards maintained through the subdivision’s Landscaping and Lighting District.

E. Affordable Second Units. Subject to Design Review and/or Tentative Map approval by the Planning Commission, Second Units (as defined by State law) that are affordable for very low or low-income households may be constructed in a residential development project to partially satisfy the Affordable Unit requirements of this Chapter. Each Affordable Second Unit shall be in lieu of constructing ½ of an Affordable Unit that would otherwise be required pursuant to Section 17.725.003 D and E. All implementation procedures, including but not limited to continued affordability, resale restrictions and/or rental controls required by Section 17.725.005, shall apply to Affordable Second Units.

F. Other Means of Fulfilling Affordable Housing Requirements. Subject to City Manager or designee approval, any developer may fulfill their affordable housing requirement through additional alternative equivalent methods not specifically mentioned in this Chapter, provided that such alternative is at least equal to the value of applicable in-lieu fees.

17.725.005 IMPLEMENTATION PROCEDURES.

A. Agreements. Prior to the issuance of a building permit for any unit within a residential subdivision or development when Affordable Units are required, resale restrictions and/or rental controls shall be set forth in an Affordability Control Agreement between the City and the developer of the Affordable Units, in a form prepared by the City Attorney. The Affordability Agreement shall be prepared by the City Manager or designee, City Attorney and developer, considered for approval by the City Council Housing Committee, and forwarded to the City Council as an information item on their consent calendar agenda. The Agreement shall then be recorded by the developer against the property containing the Affordable Units prior to the issuance of any building permit for any market rate unit within the residential subdivision or development. The Agreement shall include the number of Affordable Units required, specify the level of affordability of the Affordable Units, specify that the affordability covenants shall run with the land for a term not less than required in this Chapter, specify the location and schedule of construction of the Affordable Units, set forth the applicant’s manner of compliance with this Chapter, and require the execution of an agreement by future owners of the Affordable Units imposing appropriate resale controls and /or rental restrictions on the Affordable Units.

B. Annual Monitoring and Transfer Fees. Agreements involving rental units shall require the owner of the affordable rental units to submit an annual monitoring report to the Housing Manager, in a format approved by the City. The report shall include, but not be limited to the following information on the Affordable Units:

1. An identification of the Affordable Units within the project.

2. The unit types and sizes.

3. The monthly rents charged and any proposed changes.

4. Vacancy information for the prior year.

5. The monthly income for tenants of each Affordable Unit throughout the prior year or tenant-signed affidavits confirming that their monthly income is within the income limits set forth for each Affordable Unit.

For each affordable rental unit provided hereunder, the current owner may be required to pay an annual monitoring fee for the term of required affordability. The Housing Manager shall specify such fee in the affordability control agreement required hereunder. For each owner-occupied Affordable Unit provided under this Chapter, the current owner may be required to pay a transfer fee for any change of ownership during the term of required affordability. Such fee shall be specified in the resale restrictions required by Section 17.725.005 A.

C. Resale Prices For Affordable Ownership Units. The maximum resale price for an affordable ownership unit to an eligible household shall be set by the Housing Manager pursuant to the Affordable Housing Cost as defined in Section 17.725.002 A. At least 30 days prior to any proposed sale or other transfer of any affordable ownership units during the term of an affordability restriction, the owner shall submit to the City a copy of the written agreement of purchase and sale, together with the prospective purchaser’s/transferee’s income certification and other financial information in a form approved by the City. The City shall evaluate the qualifications of the prospective purchaser/transferee as an eligible household and determine whether the purchase price of the Affordable Unit is within the definition of Affordable Housing Cost. If the prospective purchaser/transferee does not qualify as an eligible household for the Affordable Unit or the purchase price is not within the definition of Affordable Housing Cost, the City shall so notify the owner in writing. There shall be no sale or transfer of the Affordable Unit without the written certification by the City that the purchaser/transferee is an eligible household and that the purchase price is within the definition of Affordable Housing Cost. Each future purchaser of an affordable ownership unit shall enter into and record, at the close of escrow, a resale restriction agreement.

D. City’s Right of Option to Purchase Affordable Ownership Units. The resale restrictions shall provide that in the event the owner cannot in good faith and despite their best reasonable efforts, locate an eligible household to purchase an affordable ownership unit at an affordable housing cost, the owner shall give written notice of such circumstances to the City. The City may purchase the Affordable Unit at a price equal to the lesser of the fair market value of the Affordable Unit (as determined by agreement of the parties, or by appraisal in the absence of an agreement), or the affordable housing cost, using the maximum housing cost for an eligible household based on the applicable unit size as defined in the California Health and Safety Code. This option shall be exercised by the City, if at all, within sixty (60) days of receipt of the owner’s written notice. The City may designate another governmental entity, a non-profit organization or an eligible household to purchase the Affordable Unit.

E. Selection Criteria for Rental or Ownership Units. No household at the time of move-in shall be permitted to rent, purchase or occupy an Affordable Unit that is required under this Chapter unless their qualifications are consistent with this Chapter and the Housing Manager has approved the household’s eligibility. Eligible potential occupants of Affordable Units will be qualified on the basis of household income as defined in this Chapter, including all sources of income and assets, the relationship between household size and the size of the available units, and any further criteria required by law and/or established by the City Council. The affordable housing developer shall use an equitable selection method established in conformance with the terms of this Chapter and in compliance with State and Federal law. Selection of qualified households shall be based on the affordable housing priorities established below:

Priority 1. Emergency and school district personnel, agricultural workers working within the Brentwood Planning Area as defined in the Land Use Element of the General Plan, Brentwood residents or non-residents who are employed within the City of Brentwood. 50% of the available Affordable Units shall be first made available to any qualified emergency and school district personnel. If emergency and school district personnel do not utilize 50% of the Affordable Units, then they shall be made available to other qualified Priority 1 applicants, prior to being made available to Priority 2 applicants;

Priority 2. Other qualified non-residents.

To qualify as “emergency and school district personnel,” the household must include a person employed by the East Diablo Fire District, Brentwood Police Department, Brentwood Union School District, Liberty Union High School District, or the Brentwood Campus of the Los Medanos College prior to the eligibility determination.

To qualify as a “Brentwood resident,” the household occupants shall have resided within the City of Brentwood for six months prior to the eligibility determination. To qualify as a non-resident “employed within the City of Brentwood,” the household must include a person employed full-time (40 hours per week) at an address inside Brentwood’s city limits at the time of eligibility determination.

The Housing Manager shall establish and maintain eligibility selection contact lists for qualified households based on the two housing priority groups mentioned above. Proof of qualification for a priority group shall be provided by a household before placement on one of the selection contact lists. Affordable housing opportunities shall be made available to qualified households in the two priority groups listed above, beginning with Priority 1. Once a priority group list has been exhausted and all households have been contacted, affordable housing opportunities shall be made available to households in the next priority group. The lists shall be updated as needed.

By virtue of their position or relationship, City senior management employees and officials and their children in the first degree, or members of the City’s agencies, authorities, or commissions who have, by the authority of their position, policy making authority or influence affecting City housing programs, are ineligible to occupy an Affordable Unit:

F. Requirements for Occupancy/Final inspection. No occupancy shall be permitted, no final inspection approved, or release of utilities authorized for any new Dwelling Unit in a residential development project until the developer has satisfactorily completed the requirements within this Chapter, i.e., on-site construction of Affordable Units, alternative equivalent proposal action(s) or payment of the Affordable Housing In-Lieu Fee.

17.725.006 AFFORDABLE UNIT CONCESSIONS AND CONSTRUCTION INCENTIVES.

For residential development projects that meet the requirements specified in Section 17.725.003 of this Chapter, the City may offer incentives or financial assistance to encourage compliance with this Chapter to the extent resources for this purpose are available and approved for such use by the City. In order to provide flexibility in the application of these concessions and incentives, and to ensure that they fit the variety of circumstances and different development projects regularly processed by the City, such incentives may include, but shall not be limited to any of the following items, applied alone or in any combination deemed appropriate by the City:

A. Development Processing Fee Deferral. The City Manager or designee may approve deferring payment of City processing and plan check fees applicable to the review and processing of the project. The terms and payment schedule of the deferred processing fees shall be subject to the approval of the City Manager or designee. In no case shall deferred development processing fees be paid later than occupancy of any of the units in the residential development. In no case shall fees be waived.

B. Development Impact Fee Deferral. The City Manager or designee may authorize the deferred payment of development impact fees applicable to the Affordable Units. Approval of this incentive requires demonstration by the applicant that the deferral increases the project’s feasibility. The applicant must provide appropriate security to ensure future payment of applicable development impact fees. In no case shall deferred development impact fees be paid later than occupancy of any of the units in the residential development. In no case shall fees be waived.

C. Development Impact Fee Deferral for Units Dedicated to the City of Brentwood’s Rental Housing Program. The City Manager or designee may authorize the payment of City development fees and/or agricultural mitigation fees for Dwelling Units dedicated to the City’s Rental Housing Program, through a ten-year time payment from the rent stream generated by the units, rather than such fees being paid by the developer.

D. Density Bonus. A density bonus is authorized for developments that comply with the low or very low-income affordability provisions of this Chapter by either constructing units, dedicating units or land, paying the appropriate In-Lieu Fee, or providing an acceptable equivalent alternative, or a combination of the above, in accordance with this Chapter. The density bonus provided shall initially be set at 9.22% above the mid-range density established in the General Plan and Zoning Code. The density bonus amount shall be periodically reviewed by the City Engineer, the Community Development Director, and the Housing Manager, who will recommend that adjustments, as appropriate, be adopted by resolution of the City Council.

Density bonus units authorized under this Chapter shall be excluded from the affordability requirements specified in Section 17.725.003.

E. Flexible Design Standards. The Planning Commission may modify City standards and/or approve design modifications for Affordable Units that increase the feasibility of the construction of Affordable Units, including but not limited to, the following:

1. Reduced lot sizes.

2. Reduced setback requirements.

3. Reduced open space requirements.

4. Construction of duplexes or triplexes on corner lots within single-family areas.

5. Reduced landscaping requirements

6. Reduced interior amenities.

7. Reduced parking requirements.

8. Height restriction waivers.

The applicant shall be responsible for documenting to the satisfaction of appropriate City staff, that the modification is necessary for the financial or other feasibility of the residential development project. Except for any standards modified by the Planning Commission, the project must otherwise be consistent with all required General Plan, Zoning Code, Uniform Building Code, and all other applicable City regulations and policies. The Affordable Units must appear similar to market rate units in the project or area in exterior design, finish, and quality of construction, materials and landscaping.

F. Fast Track Processing. The City Manager or designee may authorize prioritized application review and project processing including environmental review, report preparation, entitlement meetings, plan checks, and project inspections.

G. Direct Financial Assistance. The City Council may authorize provision of direct financial assistance in the form of a loan or grant from collected affordable housing trust funds as described in Section 17.725.007 for developments which include single family and/or multiple family dwellings affordable to low and/or very low-income households that exceed minimum Affordable Unit counts required under Section 17.725.003.

H. Additional Concessions and Incentives. The City Council may consider, on a case-by-case basis, at its sole discretion, the provision of additional concessions or incentives consistent with state law and the Housing Element of the City of Brentwood General Plan for residential development projects that exceed the requirements of this Chapter.

17.725.007 AFFORDABLE HOUSING IN-LIEU FEE FUND.

A. Creation. In-lieu fees shall be deposited into the Affordable Housing In-Lieu Fee Fund.

B. Use. The Finance Director shall administer all monies in this Fund including any interest earnings. Funds shall be disbursed at the discretion of the City Council for the purpose of assisting in the construction of low and very low-income Dwelling Units, or helping with other affordable housing opportunities. The Finance Director is authorized to utilize up to 20% of these funds annually for City housing personnel and administrative costs.

17.725.008 BRENTWOOD RENTAL HOUSING TRUST FUND.

A. Creation. Net rental income from all rental units dedicated to the City’s rental housing program as described in Section 17.725.004 D shall be deposited into a Brentwood Rental Housing Trust Fund.

B. Use. The Finance Director shall administer all monies in this Fund including any interest earnings. All Funds other than those specified in Section 17.725.008.C, shall be utilized to purchase, construct or repair one additional single or multi family rental unit inside the City limits for each unit dedicated by the development community to the City per Section 17.725.004 D. After the number of City produced (i.e., purchased, or constructed by the City through use of the City’s rental housing rent stream) Affordable Units is equal to the number of affordable dedicated rental units, one half of the rental income may be utilized from time to time at the City Council’s discretion, including but not limited to improving affordable housing opportunities, to maintain, repair and rehabilitate the City’s rental housing stock, for City Police services, maintenance of joint use City/school district and/or County Flood Control facilities, or for contributions to non-profit charities. Upon declaration of a State of Emergency by the Governor or the President of the United States, the City Council may utilize 100% of the annual income from the Fund for emergency purposes during that fiscal year.

C. The Finance Director is authorized to withhold 20% of the net proceeds from the rental stream of these affordable rental units to fund City housing personnel and administrative costs directly related to management and administration of the Brentwood Rental Housing Trust Fund and program. The Finance Director is further authorized to withhold up to an additional 15% of net proceeds from the rental stream to reimburse City development fees and agricultural mitigation fees for these units until the City development fee accounts are whole. City development fees and agricultural mitigation fees for units dedicated to the City will be paid through the rent stream, not by the developer.

17.725.009 ENFORCEMENT.

A. General. The City shall enforce this Chapter, and its provisions shall be binding on all agents, successors, and assigns of an applicant. The City may suspend or revoke any building permit or approval upon finding a violation of any provision of this Chapter. No land use approval, building permit, or occupancy approval shall be granted for any residential development unless it is in compliance herewith, including but not limited to, actions to revoke, deny, or suspend any permit or development approval.

B. Excessive Rents/Legal Action. It shall be unlawful, a public nuisance and a misdemeanor for any person to sell or rent an Affordable Unit at a price or rent exceeding the maximum allowed under this Chapter or to a household not qualified under this Chapter, and such person shall be subject to a $500.00 fine per month from the date of original non-compliance until the Affordable Unit is in compliance with this Chapter. If the City determines that rents in excess of those allowed by operation of this Chapter have been charged to a tenant residing in an affordable rental unit, the City may take appropriate legal action.

C. Violation Abatement. The City of Brentwood City Attorney or the Contra Costa County District Attorney, as appropriate, shall be authorized to abate violations of this Chapter and to enforce the provisions of this Chapter and all implementing regulatory agreements and affordability controls placed on Affordable Units by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for herein shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

17.725.010 APPEAL.

A. A developer of any project subject to the requirements of this Chapter may appeal to the City Council for a reduction, adjustment, or waiver of its requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the In-Lieu Fee charged, or the Affordable Housing, or alternative equivalent requirement.

B. Any such appeal shall be made in writing and filed with the city clerk no later than 10 days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the action complained of occurs after the first public hearing on such permit or approval, then the appeal shall be filed with 10 days after payment of the fees objected to. The appeal shall set forth in detail the factual and legal basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the appeal at the public hearing on the permit application or at a separate hearing within 60 days after the filing of the appeal, whichever is later. The appellant shall bear the burden of presenting substantial evidence to support the appeal including comparable technical information to support appellant’s position. No waiver shall be approved by the City Council for a new tentative subdivision or parcel map, use permit, design review or similar discretionary approval on property with an approved tentative subdivision or parcel map, use permit, design review, or similar discretionary permit unless the Council finds that the new tentative subdivision or parcel map, use permit, design review or similar discretionary approval is superior to the approved project both in its design and its mitigation of environmental impacts. The decision of the Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary requirement.

SECTION 5. This Ordinance shall take effect and be in force thirty days following its adoption and, prior to the expiration of fifteen 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.

SECTION 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.

SECTION 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.

SECTION 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 3 of this Ordinance to be entered in the Brentwood Municipal Code.

SECTION 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 12th day of August 2003, reintroduced with first reading again waived on the 26th day of August 2003, and adopted at a regular meeting of the Brentwood City Council on the 9th day of September 2003 by the following vote:





CITY OF BRENTWOOD
COMMUNITY DEVELOPMENT DEPARTMENT


















INCLUSIONARY HOUSING
PROGRAM
BRENTWOOD MUNICIPAL CODE
CHAPTER 17.725

INITIAL STUDY AND
NEGATIVE DECLARATION
• July 7, 2003


TABLE OF CONTENTS
I. BACKGROUND AND PROJECT SUMMARY 1
II. SOURCES 2
III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 2
IV. DETERMINATION 2
V. BACKGROUND AND INTRODUCTION 3
VI. PROJECT DESCRIPTION 4
VII. ENVIRONMENTAL ISSUES CHECKLIST 5
I. AESTHETICS. 5
II. AGRICULTURE RESOURCES. 6
III. AIR QUALITY. 7
IV. BIOLOGICAL RESOURCES. 8
V. CULTURAL RESOURCES. 9
VI. GEOLOGY AND SOILS. 9
VII. HAZARDS AND HAZARDOUS MATERIALS. 10
VIII. HYDROLOGY AND WATER QUALITY. 12
IX. LAND USE AND PLANNING. 13
X. MINERAL RESOURCES. 13
XI. NOISE. 14
XII. POPULATION AND HOUSING. 15
XIII. PUBLIC SERVICES. 15
XIV. RECREATION. 16
XV. TRANSPORTATION AND CIRCULATION. 16
XVI. UTILITIES AND SERVICE SYSTEMS. 17
XII. MANDATORY FINDINGS OF SIGNIFICANCE. 18



INITIAL STUDY



I. BACKGROUND and Project Description

1. Project Title: Inclusionary Housing Program

2. Lead Agency Name and Address: City of Brentwood
Community Development Dept. 104 Oak Street, Brentwood, CA 94513

3. Contact Person and Phone Number: Winston Rhodes
(925) 516-5405

4. Project Location: Citywide, City of Brentwood
Contra Costa County

5. Project Sponsor’s Name and Address: City of Brentwood
150 City Park Way
Brentwood, CA 94513
(925) 516-5440

6. General Plan Designation: Applies to all residential General Plan
designations

7. Zoning: Applies to all zones that allow residential uses

8. Project Summary:

The proposed project involves the adoption of a new chapter of the City of Brentwood Municipal Code involving requirements for the provision of inclusionary housing within the City of Brentwood. The proposed Inclusionary Housing Program Ordinance applies citywide to all residential areas designated within the City of Brentwood General Plan and zoned for residential uses within the incorporated City of Brentwood, Contra Costa County. The program is intended to facilitate the development of housing that is affordable to all income levels within the City of Brentwood. The Ordinance sets forth the requirements to construct affordable housing units and includes a variety of methods to provide for the creation of new affordable housing opportunities.

9. Surrounding Land Uses and Setting:

The City of Brentwood is located in eastern Contra Costa County. The City of Oakley and City of Antioch border the City to the north and northwest. The City is bordered on the west, south, and east by Contra Costa County unincorporated areas.

10. Other Public Agencies Whose Approval is Required (e.g., permits, financing approval, or participation agreement):

None.


II. SOURCES

The following documents are referenced information sources utilized for this analysis:

1. City of Brentwood General Plan Final EIR, July 1993
2. Brentwood General Plan Amendment 98-01 Housing Element Initial Study / Addendum
3. City of Brentwood General Plan 2001-2020, November 27, 2001
4. City of Brentwood General Plan EIR, November 27, 2001
5. City of Brentwood Zoning Ordinance, May 2003
6. City of Brentwood Zoning Map, January 28, 2003
7. Draft Inclusionary Housing Ordinance, prepared June 20, 2003


III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED

The proposed Municipal Code amendment would establish inclusionary housing requirements and procedures consistent with the Housing Element of the General Plan. The proposed amendment would not change, nor require changes, to existing General Plan land use designations, anticipated overall densities, or residential development standards without further environmental analysis in conjunction with future residential development proposals. As such, the amendment would not result in any significant environmental impacts, either directly or indirectly, or cumulatively.

The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.


--- Aesthetics
--- Agriculture
--- Air Quality

--- Biological Resources
--- Cultural Resources
--- Geology/Soils

--- Hazards & Hazardous Materials
--- Hydrology/Water Quality
--- Land Use & Planning

--- Energy & Mineral Resources
--- Noise
--- Population & Housing

--- Public Services
--- Recreation
-- Transportation & Circulation

--- Utilities/Service Systems
--- Mandatory Findings of Significance

IV. DETERMINATION

On the basis of this initial study:

X I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

 I find that although the Proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared.

 I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

 I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

 I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier General Plan EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier General Plan EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.



________________________
Signature Date

Winston Rhodes City of Brentwood
Printed Name For

V. BACKGROUND AND INTRODUCTION

This Initial Study provides an environmental analysis pursuant to the California Environmental Quality Act (CEQA) of 1970, as amended, for the proposed Cedarwood project, Subdivision 8534 (proposed project).

The City of Brentwood recently adopted a General Plan Update, which revised the Land Use, Growth Management, and Circulation Elements of the 1993 General Plan. An EIR was prepared for the General Plan Update, which addressed the potential impacts of the proposed revisions. The General Plan Update EIR was a program EIR, prepared pursuant to Section 15168 of the California Environmental Quality Act (CEQA) Guidelines (Title 14, California Code of Regulations, Sections 15000 et seq). The Brentwood General Plan Update EIR analyzed full implementation of the Brentwood General Plan Update and identified measures to mitigate the significant adverse project and cumulative impacts associated with the revised General Plan. Because the General Plan Update only addresses three elements of the General Plan, the remaining elements are addressed in the 1993 General Plan. The 1993 General Plan adoption also included certification of a Program EIR addressing full implementation of the Plan. An addendum was prepared for the 1993 Program EIR in conjunction with an update to the City’s Housing Element in 1998.

The CEQA concept of “tiering” refers to the coverage of general environmental matters in broad program-level General Plan EIRs, with subsequent focused environmental documents for individual projects that implement the program. The project environmental document incorporates by reference the discussions in the Program EIR and concentrates on project-specific issues. CEQA and the CEQA Guidelines encourage the use of tiered environmental documents to reduce delays and excessive paperwork in the environmental review process. This is accomplished in tiered documents by eliminating repetitive analyses of issues that were adequately addressed in the Program EIR and by incorporating those analyses by reference.

Therefore, in accordance with CEQA Sections 15152 and 15168(c), this environmental analysis of the proposed project is tiered from the 2001 Brentwood General Plan Update EIR (State Clearinghouse No. 2000122013) and the 1993 City of Brentwood General Plan EIR (State Clearinghouse No. 92063113), which are hereby incorporated by reference.

The tiering of the environmental analysis for the proposed project allows this Tiered Initial Study to rely on the Brentwood General Plan and General Plan Update EIRs for discussion of the following topics:

(a) General background and setting information for environmental topic areas;

(b) Overall growth-related issues;

(c) Issues that were evaluated in sufficient detail in the Brentwood General Plan EIR for which there is no significant new information or change in circumstances that would require further analysis; and

(d) Long-term cumulative impacts.

Therefore, this Tiered Initial Study should be viewed in conjunction with the Brentwood General Plan and General Plan Update EIRs. The purpose of this Tiered Initial Study is to evaluate the potential environmental impacts of the project with respect to the Brentwood General Plan EIRs to determine what level of additional environmental review, if any, is appropriate.

Implementation of mitigation measures identified in the General Plan EIRs that apply directly or indirectly to the proposed project will be required as part of the project. These mitigation measures may be further clarified to address impacts specific to this project. Implementation of project-specific mitigation measures for new, potentially significant impacts that were not previously identified in the General Plan EIRs will also be required as part of the proposed project.

VI. PROJECT DESCRIPTION

The proposed Inclusionary Housing Program consists of an amendment to the City Municipal Code adding Chapter 17.725 to provide requirements for the inclusion of affordable housing within residential developments inside Brentwood. The program is intended to facilitate the development of lower income housing units and implement Goal 2 of the Housing Element of the General Plan to provide housing that is affordable to all segments of Brentwood’s population and assist the City of Brentwood in meeting its regional housing needs allocation.

Under the proposed Inclusionary Housing Program provisions, a residential developer of 10 or more units must make arrangements to construct 10% of the total number of dwelling units within a development as affordable housing, provide appropriate financial security for their construction, assure affordability for 45 years or more, construct affordable units comparable to the market-rate units, and locate the units throughout development project. The proposed program would allow for the consideration of alternatives to the construction of the units within the project to partially satisfy inclusionary housing requirements, including but not limited to: paying an in-lieu fee, dedicating land for development of affordable housing, constructing required units off-site, or converting existing market rate units to affordable housing.

The proposed Inclusionary Housing Program also includes provisions allowing certain developments projects to be exempt from this program.


• Discretionary Action

Implementation of the proposed project would require the following discretionary action by the City of Brentwood City Council:

• Approval of a Negative Declaration for this project
• Approval of an Amendment to the Brentwood Municipal Code to establish an Inclusionary Housing Program
• Adoption of a Resolution establishing the inclusionary housing in lieu fee.


VII. ENVIRONMENTAL ISSUES CHECKLIST

The following Checklist contains the environmental checklist form presented in Appendix G of the CEQA Guidelines. The checklist form is used to describe the impacts of the proposed project. A discussion follows each environmental issue identified in the checklist.

For this checklist, the following designations are used:

Potentially Significant Impact: An impact that could be significant, and for which no mitigation has been identified. If any potentially significant impacts are identified, an EIR must be prepared.

Potentially Significant With Mitigation Incorporated: An impact that requires mitigation to reduce the impact to a less-than-significant level.

Less-Than-Significant Impact: Any impact that would not be considered significant under CEQA relative to existing standards.

No Impact: The project would not have any impact.


Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

i. Aesthetics.
Would the project:





a. Have a substantial adverse effect on a scenic vista?
____
____
____
X

b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway?
____
____
____
X

c. Substantially degrade the existing visual character or quality of the site and its surroundings?
____
____
____
X

d. Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?
____
____
____
X

Discussion

a-d. The Inclusionary Housing Program Ordinance is a regulatory policy intended to increase the supply of affordable units through various methods. Subsequent specific development proposals under the new Ordinance will be required to undergo additional environmental review as required by CEQA. As such, should any project create site-specific aesthetic concerns they would be addressed at that time.


Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

ii. Agriculture Resources.
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1977) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:





a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping Program of the California Resources Agency, to non-agricultural use?
____
____
____
X

b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
____
____
____
X

c. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland to non-agricultural use?
____
____
____
X




Discussion

a-c. The Inclusionary Housing Program Ordinance will not affect any farmlands or Williamson Act contracts


Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

iii. Air Quality.
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:





a. Conflict with or obstruct implementation of the applicable air quality plan?
____
____
____
X

b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation?
____
____
____
X

c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?
____
____
____
X

d. Expose sensitive receptors to substantial pollutant concentrations?
____
____
____
X

e. Create objectionable odors affecting a substantial number of people?
____
____
____
X

Discussion

a-e. The Inclusionary Housing Program Ordinance will not impact any Air quality issues. Subsequent projects will be subject to environmental review to determine if they pose any potential to impact Air Quality.

Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

iv. Biological Resources.
Would the project:





a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
____
____
____
X

b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service?
____
____
____
X

c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
____
____
____
X

d. Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites?
____
____
____
X

e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
____
____
____
X

f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan?
____
____
____
X
Discussion

a-f. The Inclusionary Housing Program Ordinance itself will create no impacts. Future projects proposed under the Ordinance, as with other areas of the City, will have to perform evaluations for the presence of endangered or threatened species, conduct tree surveys or other applicable studies, as appropriate for the project site(s).


Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

v. Cultural Resources.
Would the project:





a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5?
____
____
____
X

b. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5?
____
____
____
X

c. Directly or indirectly destroy a unique paleontological resource on site or unique geologic features?
____
____
____
X

d. Disturb any human remains, including those interred outside of formal cemeteries.
____
____
____
X

Discussion

a-d. The Inclusionary Housing Program will not create any adverse impacts to cultural resources. Again, subsequent development projects will be individually reviewed to determine if they would cause impacts.



Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

vi. Geology and Soils.
Would the project:





a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:





i. Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area based on other substantial evidence of a known fault?
____
____
____
X

ii. Strong seismic ground shaking?
____
____
____
X

iii. Seismic-related ground failure, including liquefaction?
____
____
____
X

iv. Landslides?
____
____
____
X

b. Result in substantial soil erosion or the loss of topsoil?
____
____
____
X

c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
____
____
____
X

d. Be located on expansive soil, as defined in Table 18-1B of the Uniform Building Code?
____
____
____
X

e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
____
____
____
X

Discussion

a-d. No geology or soils impacts are anticipated as a result of the Inclusionary Housing Program Ordinance. Subsequent projects will continue to be individually reviewed to determine potential impacts.

Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

vii. Hazards And Hazardous Materials.
Would the project:





a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
____
____
____
X
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment?
____
____
____
X
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
____
____
____
X
d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
____
____
____
X
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
____
____
____
X
f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?
____
____
____
X
g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
____
____
____
X
h. Expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
____
____
____
X

Discussion

a-h. The Inclusionary Housing Program Ordinance does not change the need for review of any likely hazards or the presence of hazardous materials. In conjunction with actual development projects, sites would need to be evaluated and appropriate steps taken to assure compatibility with any proposed residential land use.



Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

viii. Hydrology And Water Quality.
Would the project:





a. Violate any water quality standards or waste discharge requirements?
____
____
____
X
b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?
____
____
____
X
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site?
____
____
____
X
d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?
____
____
____
X
e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
____
____
____
X
f. Otherwise substantially degrade water quality?
____
____
____
X
g. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
____
____
____
X
h. Place within a 100-year floodplain structures which would impede or redirect flood flows?
____
____
____
X
i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam.
____
____
____
X
j. Expose people or structures to a significant risk of loss, injury, or death involving inundation by seiche, tsunami, or mudflow?
____
____
____
X


Discussion

a-j. The Inclusionary Housing Program Ordinance would not create any of the impacts listed above. The risk of any of the above impacts will remain independent of an Inclusionary Housing requirement, and will be evaluated on a project by project basis pursuant to the requirements of CEQA.


Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

ix. Land Use And Planning.
Would the project:





a. Physically divide an established community?
____
____
____
X

b. Conflict with any applicable land use plans, policies, or regulations of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating on environmental effect?
____
____
____
X

c. Conflict with any applicable habitat conservation plan or natural communities conservation plan?
____
____
____
X

Discussion

a-c. The Inclusionary Housing Ordinance does not include components that may affect existing General Plan land use and zoning. The Inclusionary Housing Ordinance does not authorize any new construction or new development projects. Each new project would require subsequent environmental review along with any applicable General Plan Amendment and/or Zoning Amendment/Rezoning request.



Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

x. Mineral Resources.
Would the project:





a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
____
____
____
X

b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
____
____
____
X

Discussion

a,b. The Inclusionary Housing Program Ordinance is not anticipated to have any effect on Mineral Resources.


Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

xi. Noise.
Would the project result in:





a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
____
____
____
X

b. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?
____
____
____
X

c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project?
____
____
____
X

d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?
____
____
____
X

e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
____
____
____
X

f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?
____
____
____
X





Discussion

a-f. The Inclusionary Housing Program itself will create no impacts. Future projects will have to perform noise evaluations as appropriate to the project site(s) and as required by CEQA.





Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

xii. Population And Housing.
Would the project:





a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)?
____
____
____
X

b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?
____
____
____
X

c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?
____
____
____
X

Discussion

a-c. The Inclusionary Housing Program Ordinance would only regulate the affordability of the units proposed and not result in more development than allowed under the General Plan. None of the above impacts are expected as a result of this proposal. Any future development proposals will continue to be evaluated against these criteria, as required by CEQA.


Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

xiii. Public Services.
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:





a. Fire protection?
____
____
____
X

b. Police protection?
____
____
____
X

c. Schools?
____
____
____
X

d. Parks?
____
____
____
X
Discussion

a-d. The Inclusionary Housing Program Ordinance would only regulate the affordability of the units proposed, and would not significantly alter the amount of development anticipated under the General Plan. Each development proposal will be evaluated consistent with CEQA requirements to determine impacts with respect to existing and future public services.

Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

xiv. Recreation.
Would the project:





a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
____
____
____
X

b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
____
____
____
X

Discussion

a,b. The Inclusionary Housing Program Ordinance is not anticipated to have an adverse physical effect on recreation facilities or the environment. New housing units will continue to contribute to recreation needs either through payment of a park facilities fee and/or through land dedication.


Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

xv. Transportation and Circulation.
Would the project:





a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?
____
____
____
X

b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways?
____
____
____
X

c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks?
____
____
____
X

d. Substantially increase hazards due to a design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
____
____
____
X

e. Result in inadequate emergency access?
____
____
____
X

f. Result in inadequate parking capacity?
____
____
____
X

g. Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)?
____
____
____
X

Discussion

a-g. The Inclusionary Housing Program Ordinance will not have any negative transportation or traffic impacts. Individual development projects will continue to be evaluated against these criteria as they are proposed.

Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

xvi. Utilities And Service Systems.
Would the project:





a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?
____
____
____
X

b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
____
____
____
X

c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
____
____
____
X

d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed?
____
____
____
X

e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
____
____
____
X

f. Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs?
____
____
____
X

g. Comply with federal, state, and local statutes and regulations related to solid waste?
____
____
____ X





Discussion

a-g. No impacts are anticipated as a result of the Inclusionary Housing Program.


Issues
Potentially Significant Impact
Potentially Significant With Mitigation Incorporated
Less-Than-Significant Impact
No Impact

xii. Mandatory Findings Of Significance.





a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
____
____
____
X

b. Does the project have the potential to achieve short term, to the disadvantage of long term, environmental goals?
____
____
____
X

c. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
____
____
____
X

d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
____
____
____
X

Discussion

a-d. As noted throughout this document, the proposed Inclusionary Housing Program Ordinance will impact the affordability of units proposed in the future. All subsequent projects that are inconsistent with the current General Plan land use designations and/or zoning will require amendments or modifications to these documents along with subsequent environmental review; and any future project that otherwise requires CEQA review will also continue to be evaluated against all relevant criteria.

 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov