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Meeting Date: May 11, 2004

Subject/Title: Public Hearing: Consideration of Residential Growth Management Program (RGMP) allocations for Western Pacific Housing located at the northeast corner of Balfour Road and Fairview Avenue

Submitted by: Debbie Hill, Assistant Planner

Approved by: Mitch Oshinsky, Community Development Director

The Housing/RGMP Committee recommends that the City Council adopt the attached resolution granting an allocation for 108 dwelling units to Western Pacific Housing.

The Housing/RGMP Committee met on April 15, 2004, to consider this allocation request and formulated the above recommendation to the City Council.

There were three RGMP applications requesting a total of 1,381 units, submitted by the deadline of November 30, 2003, for consideration during the eighth cycle of the RGMP. The Vineyards at Marsh Creek received its allocation of 725 units phased over 5 years earlier this year. Also submitted and still in process is a project by DeNova Homes requesting 548 units phased over 3 years. This project by Western Pacific Housing is requesting an allocation as follows:

• 108 dwelling units located at the northeast corner of the intersection of Balfour Road and Fairview Avenue. The allocation requested is for a 2-year build-out period (2004-2006) as follows: 57 dwelling units in 2004 and 51 dwelling units in 2005.

This application was rated by the Housing/RGMP Committee based on the set of 10 evaluation criteria that were established as part of the RGMP. A project needs a minimum of 100 points to receive an allocation. This project exceeded this minimum and was awarded 118 points, the bulk of which were due to on- and off-site amenities or infrastructure, and job generating uses related to improvements proposed for the abutting commercial area. Staff initially reviewed the application and provided a recommendation to the Housing/RGMP Committee, which met on April 15, 2004 (a copy of the Staff’s recommendation to the Committee, with a detailed evaluation of the project is attached, with points amended by the Committee). When the Committee met to consider Staff’s recommendation, only two items were of major concern; i.e., the disbursal of the affordable duet units throughout the residential area, and the undergrounding of the utility poles from the project’s northern boundary up to Central Boulevard. These two items were added as conditions to be accomplished as part of the allocation approval.

The General Plan designation for this area is 33.41 acres of Low Density Residential with a 10 acre Commercial site at the southwest corner of the property. Low Density Residential can accommodate 1.1 to 5 dwelling units per acre with a mid-range of 3 dwelling units per acre. This project, at 116 units (108 units allocated plus 8 affordable units that are exempt from the RGMP) is at 3.47 dwelling units per acre. Although this figure is above the mid-range, the Housing/RGMP Committee felt this density was justified due to the applicant’s exceeding the required number of affordable units by 2 units, as well as improvements to Fairview Avenue, the ECCID trail, and utility stub-outs for the abutting commercial acreage. The following details the project density:

Total residential site acreage 33.41 acres
Allowable General Plan density 1-5 units/acre with a mid-range of 3
Allowable units at mid-range density 100 units
Units requested above mid-range 7 units

Subtotal 107 units

10% affordable housing requirement
(10% of 107) = 11 units

Plus affordable housing density bonus at 9 units
9.22% of mid-range (100 x .0922)

Total units requested 116 units

As listed above, 11 affordable units are required (8 low, 3 very low). The applicant has exceeded their affordable housing requirement by providing the following: A total of 8 units, 6 of which will be deeded back to the City, and 2 which will be for sale by the developer.

6 Units deeded to City = 12 units
6 X 2 (2 for 1 Credit)

2 units for sale by developer = 2 Units

TOTAL = 14 Units

This total of 14 affordable units exceeds their requirements of 11 affordable units.

Fiscal impact to the City would be positive. The growth in the buildout population by the addition of another residential neighborhood will help to attract economic development, jobs and businesses. Although Western Pacific is not intending to develop the commercial site, they are providing utilities and street and intersection improvements to it. The Economic Development staff has met with developers who are very interested in developing a retail center at this location. Build out of this center per the preliminary site layout is estimated to provide approximate annual sales tax revenues of $216,000, calculated at $2.00 per square foot of retail space based on 108,000 square feet. This would be very positive for economic development.


1. Resolution
2. Report from Staff to the RGMP Committee
3. Table showing Status of RGMP Allocations
4. Table showing comparison of points received by approved applications
5. Master Site Plan



WHEREAS, the City Council adopted Resolution No. 2326 adopting a Residential Growth Management Program (RGMP) to provide for the review and evaluation of residential growth in the City of Brentwood on July 6, 2001, and effective July 1, 2001; and

WHEREAS, on September 11, 2001, the City Council adopted Resolution No. 2363, amending Resolution No. 2326, and on November 26, 2002, the City Council adopted Resolution No. 2752 amending Resolution No. 2326, and on May 27, 2003, the City Council adopted Resolution No. 2883 amending Resolution No. 2326, and again on September 23, 2003, the City Council adopted Resolution No. 2991 amending Resolution No. 2326 of the RGMP; and

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

WHEREAS, an application was submitted by Western Pacific Housing for 116 dwelling units (108 allocations and 8 exempt affordable units) on November 26, 2003; and

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

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

WHEREAS, the RGMP Committee conducted a noticed public meeting on April 15, 2004, to consider Staff’s recommendation after reviewing the report from Staff and all available information related to the application; and

WHEREAS, the RGMP Committee recommended to the City Council that the application receive a total of 118 points; and

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

WHEREAS, on May 11, 2004, the City Council held a public hearing and reviewed all available information, including the application, correspondence from the applicant, Staff’s report to the RGMP Committee, the report prepared by Staff to the Council on the recommendation of the RGMP Committee, and public testimony; and

WHEREAS, consideration of this application is determined to be covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. In this case, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)), in that any granting of an allocation for dwelling units will need to be followed by an appropriate Tentative Subdivision Map application to receive an actual entitlement, including the appropriate level of environmental review incompliance with CEQA.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds and determines as follows:

Section 1. The foregoing recitals and Staff report statements are found and determined to be true and correct.

Section 2. The City Council finds that Western Pacific Housing has achieved 118 total points or 18 points over the minimum required total of 100 points and grants the requested allocation of 108 dwelling units in accordance with its application and the following proposed off-site improvements:

1. Complete Fairview Avenue frontage improvements to City of Brentwood Arterial Roadway Standards including an additional northbound lane, bike lane, east side curb and gutter, sidewalk, parkway landscaping and irrigation and soundwall. Improvements include both residential and commercial frontage.
2. Undergrounding of existing overhead utility poles along Fairview Avenue from Balfour Road to Central Boulevard.
3. Complete Fairview Avenue improvements to City of Brentwood Arterial Roadway Standards including an additional northbound lane, bike lane, east side curb, butter and sidewalk from the project’s northern boundary north to Central Boulevard.
4. Complete frontage improvements along the north side of Balfour Road from the east project boundary to Fairview Avenue including sidewalk, landscaping and irrigation and soundwall where approprirate. Improvements include commercial frontage.
5. Removal of the existing ECCID irrigation canal located east of the project site, and installation of new ECCID underground pipeline, trail, landscaping and irrigation from the project’s southeast boundary north to Central Boulevard. Widen the existing sidewalk on Central Avenue from Fairview/Central intersection to complete trail connection. Purchase of ECCID right of way and grant to City with easement to ECCID for maintenance.
6. Construct new traffic signal at entrance to the commercial and residential site on Fairview Avenue. Traffic signal construction includes improvements to Fairview Avenue to provide for a T-intersection (i.e., median break, southbound turn lane into project site).
7. Modification of the new traffic signal being installed by the Safeway development to provide a left turn in and out on Balfour Road.
8. Modify the existing traffic signal at Fairview Avenue and Balfour Road.
9. Construct an exclusive right turn lane from westbound Balfour Road to northbound Fairview Avenue.
10. Extend all necessary utilities to service the commercial site.

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

PASSED AND ACCEPTED by the City Council of the City of Brentwood at their regular meeting of May 11, 2004, by the following vote:

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