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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: October 12, 2004

Subject/Title: Public hearing to consider a Residential Growth Management Program (RGMP) application for a proposed allocation for an 11 lot subdivision by The Mark Pringle Company, LLC, located at the southeast corner of Apricot Way and Montclair Place

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Economic Development Director

RECOMMENDATION
Staff recommends that the City Council pass and accept the attached Resolution granting an allocation for 11 lots to The Mark Pringle Company, LLC.

PREVIOUS ACTION
There has been no previous City Council action related to the project site.

BACKGROUND
On August 25, 2003, The Mark Pringle Company, LLC submitted a Tentative Subdivision Map application to subdivide a 4.84-acre site located at the southeast corner of Apricot Way and Montclair Place into 11 lots and a remainder parcel. The project site is located in the Northwest Quadrant of the City, which was exempt from the RGMP as long as subdivision maps in the area were approved prior to July 6, 2004. By the time this particular application was deemed complete and the appropriate environmental review had been conducted, the project was not scheduled to be considered by the Planning Commission until July 20, 2004. As a result, and in combination with the Council’s direction to revise the existing program, the project has been on hold until now. Assuming adoption of the revised RGMP earlier on tonight’s agenda, the project has been scored accordingly and received a sufficient number of points to receive an allocation.

This RGMP application is one of two being considered under the newly adopted 2004 RGMP. The application was evaluated by staff based on the set of 16 evaluation criteria that were established as part of the RGMP. A project needs a minimum of 120 points to receive an allocation. This project meets that threshold, with the bulk of points attributable to off-site infrastructure improvements. Project-specific improvements are listed in the resolution. The General Plan designation for this area is Low Density Residential, with a mid-range density of 3 dwelling units per acre. This project, at a total of 12 units (1 existing unit and 11 new units), is at 2.48 dwelling units per acre.

FISCAL IMPACT
Fiscal impact to the City would be positive. The addition of another residential neighborhood will contribute to the ultimate build out population by helping to attract economic development, jobs and businesses. The new homes will also provide annual property tax revenue to the City.

Attachments
Resolution
Tentative Subdivision Map 8763
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN ALLOCATION FOR 11 DWELLING UNITS IN CALENDAR YEAR 2005 TO THE MARK PRINGLE COMPANY, LLC IN ACCORDANCE WITH THE APPLICATION SUBMITTED FOR THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM (RGMP)

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; and lastly the City Council adopted Resolution No. ____ amending Resolution No. 2326 of the RGMP on October 12, 2004; and

WHEREAS, the RGMP provides for the submittal of applications for dwelling unit allocations in two separate cycles during the calendar year; and

WHEREAS, an application was submitted by The Mark Pringle Company, LLC for 11 dwelling unit allocations; and

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

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 recommended to the City Council that the application receive a total of 120 points; and

WHEREAS, a minimum of 120 points is needed to receive an allocation and the applicant was notified of the point total recommended by staff; and

WHEREAS, on October 12, 2004, the City Council held a public hearing to accept public testimony and reviewed all available information, including the application, correspondence from the applicant, the staff report prepared for the Council with staff’s recommendation; and

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 The Mark Pringle Company, LLC has achieved 120 total points as required by the 2004 RGMP and grants the requested allocation of 11 dwelling units in accordance with the application and the following proposed improvements:

1. Completion of approximately $147,000 in reimbursable infrastructure improvements for landscape projects identified in the Community Beautification CIP budget, as determined by the Parks & Recreation Director, the City Engineer and the Community Development Director.
2. Provision of sewer and water stubs to APN’s 019-100-003 (Herring), 019-100-004 (Bromley) and 019-100-009 (Koehler).
3. Provision of pavement shading, windows with self glazing shading, whole house fans and meeting or exceeding PG&E Energy Star specifications in all new homes.
4. Provision of at least one floor plan for every 20 market rate lots, traffic calming features and integrated pedestrian/bicycle facilities connecting to destinations.
5. Acquisition and irrevocable offer of dedication to the City of Brentwood of the ultimate right-of-way for Apricot Way along the project frontage.
6. Provision of four lots within the subdivision of at least 20,000 square feet in size.
7. Inclusion of the existing residence into the subdivision’s TSM and Lighting and Landscaping District and Community Facilities District.
8. Connection of the existing residence to the City’s sanitary sewer and water systems.

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 October 12, 2004, by the following vote:
 

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