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Current Council Agenda and Past Meeting Information



Meeting Date: November 9, 2004

Subject/Title: Public hearing to consider a Residential Growth Management Program application for the Sterling Preserve III project (84 unit allocations) to be located north of Grant Street on both sides of O’Hara Avenue

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Economic Development Director

The Staff RGMP Evaluation Committee recommends that the City Council pass and accept the attached Resolution granting an allocation for 84 units to Meritage Homes.

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

On March 17, 2004, Meritage Homes submitted an RGMP application for 84 units on a 33.7-acre site located north of Grant Street on both sides of O’Hara Avenue. Staff scored the project and recommended that a total of 111 points be awarded. On July 15, 2004, the application was taken to the RGMP Committee, with staff’s recommendation, but the developer was directed to make some modifications prior to being forwarded to the City Council for consideration. As a result, and in combination with the Council’s direction in July to revise the RGMP that was in place at that time, the project has been on hold pending Council approval of the revision.

The 2004 RGMP was adopted by the Council on October 12, 2004, which requires the application to be reviewed based on the criteria established as part of the new program. According to the 2004 RGMP, this project simply needs a score of 120 points in order to receive an allocation. The project has been scored by the Staff RGMP Evaluation Committee and has received a total of 123.4 points, which warrants Council approval of the requested allocations. The following table reflects the criteria and the respective points for each:

Criteria Points Possible Points Awarded
Affordable Housing 25 0
Infrastructure 50 40
Amenities 25 17.9
Energy Efficiency 25 15
Jobs 40 0
Agricultural Enterprise 30 0
Housing Design 13 6
Location 20 0
Continuing Project 10 0
Incorporating Existing Properties 25 25
Estate Homes 10 0
Redevelopment 10 0
Reduced Density 10 8.5
Subdivide Land Only Reduce threshold to 90 0
Existing Homes 15 0
Subdivision Design 16 11
Total 324 123.4

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.

Vesting Tentative Subdivision Map 8875



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, which was effective July 1, 2001; and

WHEREAS, on September 11, 2001, November 26, 2002, May 27, 2003, and September 23, 2003, the City Council adopted resolutions amending the original RGMP; and lastly on October 12, 2004, the City Council adopted Resolution No. 2004-242 revising the original RGMP; and

WHEREAS, as provided for in the 2004 RGMP, this application was allowed to be forwarded to the first available regularly scheduled City Council meeting; and

WHEREAS, an application was submitted by Meritage Homes for 84 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 Vesting Tentative Subdivision Map application to receive an actual entitlement, including the appropriate level of environmental review in compliance with CEQA; and

WHEREAS, the Staff RGMP Evaluation Committee reviewed said application with respect to the 2004 RGMP, and recommended a specific point total be awarded; and

WHEREAS, the Staff RGMP Evaluation Committee recommended to the City Council that the application receive a total of 123.4 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 the Staff RGMP Evaluation Committee; and

WHEREAS, on November 9, 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 the Staff RGMP Evaluation Committee’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 Meritage Homes has achieved 123.4 total points and grants the requested allocation of 84 dwelling units in accordance with the application and the following proposed improvements:

1. The developer shall construct O’Hara Avenue south of the project site, including a vehicular bridge over the Contra Costa County Flood Control & Water Conservation District channel.
2. The developer shall install an upsized water main in O’Hara Avenue along the project frontage.
3. The developer shall complete landscaping along the O’Hara Avenue project frontage.
4. The developer shall construct a paved trail with the Contra Costa County Flood Control & Water Conservation District channel.
5. The developer shall construct a pedestrian bridge over the Contra Costa County Flood Control & Water Conservation District channel.
6. The developer shall not be reimbursed for previously completed landscape improvements totaling approximately $54,000 and located along Fairview Avenue, south of Lone Tree Way.
7. The developer shall provide highly reflective paved surfaces, minimize street pavement, whole house fans in each home, pavement shading, south glazing shading on windows, and traffic calming features.
8. The developer shall provide a minimum of 35% of the homes within the subdivision as single-story plans.

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 November 9, 2004, by the following vote:

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