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CITY COUNCIL AGENDA ITEM NO. 23

Meeting Date: May 25, 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

Prepared by: Debbie Hill, Assistant Planner

Submitted by: Mitch Oshinsky, Community Development Director

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

PREVIOUS ACTION
The Housing/RGMP Committee met on April 15, 2004, to consider this allocation request and formulated the above recommendation to the City Council. The proposed project was placed on the Agenda for May 11, 2004, however, a voting quorum could not be realized due to the fact that one Councilmember was unable to attend and two others had a conflict of interest in regard to this item. Staff recommended that the item be continued to the City Council meeting of May 25, 2004.

BACKGROUND
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
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.

ATTACHMENTS

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

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FOR AN ALLOCATION OF 108 DWELLING UNITS, OVER A 2 FISCAL YEAR PERIOD TO WESTERN PACIFIC HOUSING IN ACCORDANCE WITH ITS APPLICATION SUBMITTED FOR THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM (RGMP) FOR THE CYCLE ENDING NOVEMBER 30, 2003.

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 25, 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 appropriate. 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 25, 2004, by the following vote:

RGMP Allocation
Western Pacific Housing

Project Highlights:
Allocation request – 108 units
Proposed are 116 units including 4 duet units and 1 4-plex which are exempt affordable units
GP Designation – 33.41 acres of Low Density Residential with a future park location, and 10.3 acres of commercial
Density—1.1 to 5 du/acre or 36 to 167 units with a mid-range of 100 units. With the density bonus, 109 units would be allowed. The project is currently at 116 units at a density of 3.47 du/acre.
Zoning – PD-5
Total project acreage – 41.64 acres plus 2.07 acres ECCID for a total of 43.71 acres

Evaluation Criteria Assessment Notes

1. Affordable Housing

The applicant is proposing:

• 4 duets and 1 four-plex are proposed, with 6 of these units being dedicated to the city and the other 2 units being sold with deed restrictions

Preliminary Recommended Score: 10 out of 50

Rationale – A total of 12 units are required to meet the ordinance requirement of 10% (8 at low & 4 at very low income levels). Six would be required if the properties are deeded back to City of Brentwood. The applicant has met the number of affordable housing units which need to be provided by dedicating 6 units to the City. The two additional affordable units intended to be sold with deed restrictions are over and above the 10% required by the affordable housing ordinance, bringing their total affordable housing percentage to 12.

The project is proposed at 93% single family. The proposed affordable units are the only multi-family units located within the project; thereby they are not consistent in the design of a low-density single-family neighborhood. In addition, the affordable duets are concentrated at one location near the park instead of being dispersed throughout the project. Based on this evaluation, they were given 0 points for the consistency of design, and 10 points for providing the extra 2 units.

This score could be improved by proposing single-family units as affordable units and dispersing these throughout the development. It would also be possible to add more of the duet units throughout the development offered at market rate. In addition, scoring could be improved by rehabilitating older existing homes within the downtown or along Indiana Avenue or within the Village Drive area.

2. On and off-site amenities or infrastructure:

The applicant is proposing:

• Complete Fairview Avenue frontage improvements to City of Brentwood Arterial Roadway Standards including an additional northbound lane, east side curb and gutter, sidewalk, parkway landscaping and irrigation and soundwall. Improvements include commercial frontage.
• Underground of existing overhead utility poles along Fairview Avenue frontage.
• Complete Fairview Avenue improvements north of the project site to Central Avenue to City of Brentwood Arterial Roadway Standards including an additional northbound lane, east side curb, gutter and sidewalk, and relocate existing overhead utility poles.
• Developer to acquire necessary right of way for Fairview Avenue improvements north of the project site. City to use eminent domain if necessary.
• Construct new traffic signal at entrance to 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).
• 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 appropriate. Improvements include commercial frontage.
• Modify existing traffic signal at Fairview Avenue and Balfour Road.
• Construct exclusive right turn lane from westbound Balfour Road to northbound Fairview Avenue.
• Extend utilities to service commercial site.
• Removal of the existing ECCID irrigation canal located east of and adjacent to the east edge of the project site, and installation of new underground pipeline.
• Purchase ECCID right of way and grant to City. Give back an easement to ECCID for maintenance of the new pipeline and other related facilities.
• Develop trail system and landscaping and irrigation within the ECCID right of way from Balfour Road to Central Avenue.
• Widen the existing sidewalk on Central Avenue from the Fairview Avenue/Central Avenue intersection to ECCID to complete the trail connection.
• Provide a 2.03 acre park and 2.07 acres of trail with associated landscape and irrigation for a total of 4.1 acres of park and trail facilities.

Preliminary Recommended Score: 20 out of 30

Rationale – The roadway and frontage improvements to both Balfour Road and Fairview Avenue along the project’s frontage would be conditioned as part of normal project approval. Improvements to the Fairview Avenue frontage from the northern property line north to Central Boulevard (1027 feet) would be over and above standards conditions. Scoring could be improved by undergrounding the existing utility poles from the northern property boundary north to Central Boulevard. Scoring could also be improved by extending the sidewalk along Balfour Road east to Minnesota Avenue.

The proposed project would also be required to provide park acreage at 5 acres per 1000 persons. At 116 units x 3.1 persons per household, this project would have a projected population of 360 residents which would require 1.8 acres of park. This project provides 2.03 acres of park acreage and 2.07 acres of trails. Since the project site has a designated 5-acre park site per the General Plan, this scoring could be improved by increasing the park size or by providing additional park acreage in locations acceptable to the Parks and Recreation Director. Alternative ways to increase this score would be:

• Provide donated landscaping improvements for remnant pieces of land throughout the City
• Provide a 1-lane road for the safe route around Ron Nunn School
• Provide a safe crossing at Bristow School across Minnesota Avenue

3. Rehabilitation of Existing Units

• None are proposed.

Preliminary Recommended Score: 0 out of 20

4. Energy Efficient Design

The applicant is proposing:

• All two-story homes will have Dual Zone HVAC as a standard feature.
• All family rooms will have a ceiling fan and master bedrooms will be pre-wired for a ceiling fan as a standard feature. Pre-wiring for ceiling fans and ceiling fans for any other room in the home is offered as an option at a nominal charge.
• All homes will have an “Energy Star” dishwasher as a standard feature, and “Energy Star” refrigerator, washer and dryer are offered as options.
• All air-conditioned units will be upgraded to a 12-seer condenser versus a standard 10 seer.
• The “Smart Vent” system is a new innovative system incorporated with the HVAC that automatically circulates filtered cool outside air throughout the house (see attachment). This system is offered as an option to all homebuyers.
• Solar Orientation: Homes have been sited to utilize passive solar energy within the neighborhood to the extent possible given the site constraints.

Preliminary Recommended Score: 8 out of 20

Rationale – Due to the physical constraints of the site with the irregular shape generated by the ECCID line on the east and the commercial site at the southwest corner, the solar orientation is limited, however, the applicant has provided 41 of the required 93 units with a solar orientation - 4 out of 7 points
High Reflectivity Paved Surfaces are not proposed – 0 out of 2 points
Minimization of Street Paving is not proposed – 0 out of 2 points
Homes designed with PG&E Comfort Home or Energy Star – 4 out of 4-7 points
Solar Ready – 0 out of 7 points
Cool Roofs – 0 out of 1

This scoring could be improved dramatically by the inclusion of some or all of the energy efficient design features.

5. Job Generating Uses

This project proposes to construct improvements and provide the infrastructure necessary to facilitate the development of the job generating 10.3 acre Commercial Center. The project will complete all frontage improvements for the Commercial Site as stated in Item #2 including:

• Modification of the existing traffic signal at Fairview Avenue and Balfour Road
• Construction of a new traffic signal on Fairview Avenue at the new entrance to the commercial and residential projects.
• Provide all utility services necessary to service the commercial center.
• Modify the new traffic signal being installed by Safeway to provide a left turn in and out on Balfour Road.

Preliminary Recommended Score: 20 out of 40

Rationale – The 10-acre commercial site is designated as such in the General Plan. The developer has not indicated any desire to actually develop the commercial portion of the site.

This scoring could be improved by phasing the commercial development with the residential development.

6. Infill Development

• The property is bounded on all sides by existing development.

Preliminary Recommended Score: 20 out of 20

7. Agricultural Soil Preservation

• Ag mitigation fee

Rationale - The soil has been classified as Capay clay, which is a class II prime agricultural soil, by the United States Department of Agriculture. Therefore, payment of the ag mitigation fee would be a standard condition of approval for this project. No preservation of other agricultural enterprise is proposed for this site.

Preliminary Recommended Score: 0 out of 15

This scoring could be improved by the purchase and dedication to the City of prime agricultural land to be used for an ag mitigation bank.

8. Project Design

The applicant is proposing:

• 5 plans with 3 elevations per plan are proposed
• 2 duet plans each with 3 possible elevations
• 5’ detached sidewalks throughout the development and along Fairview and Balfour.
• Northbound bike lane on Fairview Avenue.
• Past performance has demonstrated a good working relationship with the City and resulting quality projects

Preliminary Recommended Score: 15 out of 20

Rationale – The proposed homes are of a standard, acceptable design, but not over and above that. The project does propose to complete the northbound bicycle lane, as well as the sidewalks throughout the development. The design of the project eliminates direct contact between the residential and commercial areas by utilizing landscape areas and streets as buffers. The development does incorporate some of the Ahwahnee and New Urbanism principles in that there is a central park area along with pedestrian and trail connections. A commercial center is proposed which will include a transit stop along Balfour Road. There are a variety of housing types proposed to provide for all age and income levels.

The scoring for this segment could be enhanced by providing an additional trail connection to the ECCID trail at the southeast portion of the residential area. The inclusion of development of the commercial center concurrently with the project housing as a cohesive neighborhood would significantly enhance this score.

9. Prioritized for Development

• Located across Balfour from a developing commercial center.

Preliminary Recommended Score: 10 out of 15

Rationale - Although the project does not completely lie within one of the defined areas, it is very close to the Highway 4 Bypass and it is directly north across from the emerging commercial development at the southeast corner of Balfour and Fairview.

10. Continuing Project

• Not applicable

Preliminary Recommended Score: 0 out of 10

Rating Criterion Maximum Points Scoring by Staff Scoring by Committee
1. Affordable/Special Housing Needs 50 10 20
2. Amenities and Infrastructure 30 20 20
3. Housing Rehabilitation 20 0 0
4. Energy Efficiency 20 8 8
5. Job Generation 40 20 25
6. Infill Development 20 20 20
7. Agricultural Enterprise 15 0 0
8. Design Quality 20 15 15
9. Development Priority 15 10 10
10. Ongoing Project 10 0 0
TOTAL 240 103 118

STATUS OF RGMP ALLOCATIONS

2001/02 Fiscal Year 2002/03 Fiscal Year 2003/04 Fiscal Year
Braddock & Logan 36 Braddock & Logan 11 Signature Homes 80
DeNova Homes 53 Terra Nova Dev. 48 Pinn Brothers 133
TOTAL 89 Signature Homes 30 Braddock & Logan 120
Pinn Brothers 250 Vineyards 114
Braddock & Logan 191 Approved Subtotal 447
TOTAL 530 In Process
DeNova 146
Western Pacific 57
Pending Subtotal 203
TOTAL 650

2004/05 Fiscal Year 2005/06 Fiscal Year 2006/07 Fiscal Year
Signature 67 Pinn Brothers 60 Vineyards 150
Pinn Brothers 137 Vineyards 150 TOTAL 150
Vineyards 150 Approved Subtotal 210
Approved Subtotal 354 In Process
In Process DeNova 201
DeNova Homes 201 Pending Subtotal 201
Western Pacific 51 TOTAL 411
Pending Subtotal 252
TOTAL 606

2007/08 Fiscal Year
Vineyards 161
TOTAL 161
 

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