City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: November 9, 2004

Subject/Title: Approval of General Plan Amendment (GPA 02-01) Adopting the General Plan Housing Element Update

Submitted by: Winston Rhodes, Senior Planner

Approved by: Howard Sword, Economic Development Director

RECOMMENDATION
Staff recommends approving a Resolution to adopt a General Plan Amendment for the 2004 Housing Element Update.

PREVIOUS ACTION
In 1998, the City Council approved the most recent Housing Element. The Element was subsequently amended in 2001 to encourage new multifamily development near the downtown if it replaces existing blighted residences, provides new residences above nonresidential uses, or provides new senior housing.

BACKGROUND
The Housing Element is a mandatory element of the City’s General Plan and is required to be periodically updated. The Housing Element sets forth the City’s policies for the production of housing for all income levels throughout the community based on existing community housing needs and State Law. A Regional Housing Needs Determination (RHND) is produced by the Association of Bay Area Governments (ABAG) and sets forth the amount of housing and affordability levels that cities and counties must plan to accommodate. The current RHND applies to the 1999 – 2007 time period. The City of Brentwood RHND is provided below as well as the current progress through June 30, 2004.

BRENTWOOD REGIONAL HOUSING NEED DETERMINATION PROGRESS
1999 – 2007
Income Group Total Need Units Built
1999-2004* Units Approved and/or Under Construction
Remaining Need
Very Low 906 22 282 602
Low 476 20 54 402
Moderate 958 1,885 750 0
Above Moderate 1,733 4,087 5,639 0
TOTAL 4,073 6,014 6,725 1,004
Source: State Department of Finance, E-5 Reports, ABAG and Brentwood Community Development Department. * Units built in 2004, as of June 30, 2004.
The excess units constructed in the moderate and above moderate income group categories (over and above the RHND) is indicative of the “run-up” in housing prices in Brentwood over the past 2 to 3 years.

The Housing Element is the only General Plan Element that requires review by the State. The State Department of Housing and Community Development (HCD) reviews draft and approved housing elements for compliance with Government Code requirements including the City’s efforts on meeting the RHND.

ANALYSIS
The draft Housing Element Update was reviewed and recommended for approval in 2002 by the Planning Commission. The draft document was forwarded to HCD for review and approval. HCD made substantial comments on the draft document requiring extensive research and the inclusion of additional new information. The draft document has been revised to attempt to address HCD’s comments, include more updated demographic and housing market information, better describe the City’s development review process, and reflect the City’s recent efforts to provide high quality housing for all economic groups throughout the City since 1999.

The revised draft does not include substantial policy changes since 2002 except for Policy 3.3 that provides for easing the ability to produce multifamily housing within previously over-concentrated low income areas in the portion of the City east of the railroad tracks. This change has been made due to the substantial amount of market rate housing that has been built, approved, and proposed in this area of the community since the November 1996 Low-Income Concentration Study was prepared for and used in the 1998 Housing Element Update. This change also eliminates an inconsistency between the Housing Element and Redevelopment Agency Implementation Plan that requires the provision of low and moderate income housing in the Redevelopment Project Areas located mainly east of the railroad tracks.

This draft Housing Element Update also reflects major housing policy implementation efforts since 2002 including adoption of the 2003 Affordable Housing Ordinance, adoption of the 2004 amended Secondary Housing Unit Ordinance, as well as adoption of the revised Residential Growth Management program last month. In addition, this Update provides more current information about the new housing units added and approved within the City since 1999.

Approval is requested at this time in order to provide sufficient time for State review and approval by December 31, 2004 thereby making the City eligible for at least $1.5 million in potential grant funds.

FISCAL IMPACT
Adoption and subsequent certification of the Housing Element Update by HCD will make the City eligible for several important funding opportunities. The opportunities include approximately $350,000 in Measure C transportation funds for FY 2003-04 and future Measure C funding allocations for FY 2004-05 through FY 2006-07 of approximately $1 million. In addition, the City could receive approximately $514,000 in housing grant funds from HCD’s Workforce Housing Reward Program for the City’s performance in 2004 if the Housing Element Update is approved by the City and found to be in compliance with State housing element law by December 31, 2004.

Attachments: Resolution
2004 Revised Housing Element Update
EIR Addendum Determination Memo
CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A GENERAL PLAN AMENDMENT (GPA 02-01) TO UPDATE THE CITY’S HOUSING ELEMENT OF THE GENERAL PLAN.

WHEREAS, the State of California has mandated that Cities prepare, adopt and maintain a comprehensive Housing Element of their General Plan to be prepared in accordance with Section 65580 et seq. of the Government Code; and

WHEREAS, the City of Brentwood last updated its Housing Element in 1998 which was reviewed and approved by the City Council of the City of Brentwood by passage of Resolution 98-198; and

WHEREAS, this Housing Element Update is required to comply with State Housing Element Law and summarize the progress that has been made in attaining the City’s share of the regional housing need and to maintain the City’s eligibility to receive available State and Federal “pass-through” dollars; and

WHEREAS, said Housing Element Update must be submitted to the State of California Department of Housing and Community Development (HCD) for their mandated review; and

WHEREAS, the Brentwood Planning Commission has previously reviewed the General Plan Amendment consisting of an update to Housing Element of the General Plan; and

WHEREAS, based upon Section 15164(b) of the California Environmental Quality Act (CEQA) Guidelines, an EIR Addendum was prepared for this Housing Element Update; and

WHEREAS, said EIR Addendum relies on Section 15162 of the CEQA Guidelines in determining that additional environmental analysis is not necessary and that the original environmental analysis, mitigation measures and findings adopted in the prior EIR are still applicable; and

WHEREAS, a duly noticed public hearing was advertised in the Brentwood Press on October 29, 2004, and posted as required by City ordinance and Government Code Sec. 65090; and

WHEREAS, the Brentwood City Council has considered the Housing Element Update in accordance with CEQA and the above mentioned environmental documents; and

WHEREAS, the Brentwood City Council held a public hearing on November 9, 2004, to review the proposed changes and to consider public testimony on the Housing Element Update.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

1. Certifies that the Housing Element Update EIR Addendum together with the General Plan EIR have been prepared in compliance with CEQA and adequately addresses the environmental impacts of this update; and

2. Finds that the Housing Element Update, attached as Exhibit A and made a part of this resolution, is consistent with and implements the General Plan; and

3. Finds that this Housing Element Update is internally consistent with other elements of the General Plan; and

4. Finds that the Housing Element Update described in Exhibit A adequately addresses existing community concerns about the equitable distribution of housing for all income levels throughout the City and is hereby incorporated into the existing General Plan; and

5. Directs staff to forward the Housing Element Update to the State Department of Housing & Community Development for mandatory review.

PASSED AND ACCEPTED by the City Council of the City of Brentwood at its regular meeting of November 9, 2004 by the following vote:

ATTACHMENTS:
Exhibit A – Housing Element Update

COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM

DATE: November 9, 2004

TO: City Council

FROM: Winston Rhodes, Senior Planner

SUBJECT: CEQA Determination – Addendum to General Plan Environmental Impact Report for the 2004 Housing Element Update (General Plan Amendment 02-01)

On June 9, 1993, the Brentwood City Council certified a Final EIR which addressed the environmental impacts of a comprehensive update of the City’s General Plan. On November 10, 1998, the City Council certified that a Housing Element Update EIR Addendum together with the General Plan EIR adequately addressed the environmental impacts associated with the previous Housing Element Update.

On November 27, 2001, the City Council certified a second Environmental Impact Report for the General Plan Update (GPU) of the Land Use, Circulation, and Growth Management Elements of the General Plan. The Final EIR prepared by the City for the 1993 General Plan and 2001 GPU identified potentially significant environmental effects which could feasibly be mitigated or avoided. Such effects and corresponding mitigation measures are identified in the Final EIR, and are incorporated herein by reference. The GPU mitigation measures and mitigation monitoring program are listed in the Final EIR. The Final EIR determined that all significant environmental effects with the exception of four discussed below can feasibly be avoided, have been avoided, or reduced to a level of insignificance.

The Final EIR identified the significant impacts on the environment that cannot be avoided or mitigated to a level of insignificance and adopted a statement of overriding considerations when the Final EIR was certified which justified why the merits of the GPU outweighed the unavoidable significant impacts. Pursuant to Section 15164(b) of the California Environmental Quality Act (CEQA) Guidelines, the City of Brentwood, as lead agency for this project, has determined that an addendum to the adopted Final EIR be prepared for this General Plan Amendment, as only minor technical changes or additions are necessary and none of the conditions described in CEQA Section 15162 calling for the preparation of a subsequent EIR have occurred. The General Plan Amendment will not result in new additional impacts on the environment, in that the project involves no physical changes to the environment and is consistent with the existing General Plan Elements approved per the prior EIR.
Pursuant to CEQA Section 15162(a)(1), there are no substantial changes proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Section 15162(a)(2) – There are no substantial changes with respect to the circumstances under which the General Plan Amendment is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Section 15162(a)(3) – No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted, shows any of the following:

(A) The project will not have one or more significant effects not discussed in the previous EIR;
(B) Significant effects previously examined will not be substantially more severe than shown in the previous EIR;
(C) There are no mitigation measures previously found not to be feasible which would in fact be feasible and would not substantially reduce one or more significant effects of the project;
(D) There are no mitigation measures which are considerably different from those analyzed in the previous EIR that would substantially reduce one or more significant effects of the environment.

Section 15162(b) – Since there are no significant changes to the project or its circumstances, and no new information has become available after adoption of the EIR, the City, as lead agency has determined to prepare an addendum to the EIR.

Section 15164(c) – The addendum is hereby attached to the adopted EIR.

Section 15164(d) – The City Council shall consider this addendum with the adopted EIR prior to making a decision on the General Plan Amendment.

Accordingly, this determination has been prepared pursuant to Sections 15162 and 15164 of the CEQA Guidelines that an addendum to the previously adopted EIR will adequately satisfy the requirements of CEQA. This memorandum, along with the attached previously adopted document, will constitute an addendum to the EIR for the purposes of compliance with CEQA.

In making this determination, the City has also determined that none of the conditions specified in Section 15162 of the CEQA Guidelines, which call for the preparation of a subsequent environmental document, are present with respect to the current project. Additionally, it is further determined that the original environmental analysis, mitigation measures and findings adopted in the prior EIR are still applicable.

Attachments:

Final EIR City of Brentwood General Plan Update SCH # 2000122013 – Available for review within the Community Development Department
 

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