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CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: January 11, 2005

Subject/Title: Transferable Agricultural Credit transaction for Tentative Subdivision Map 8724 located generally southwest of the intersection of Neroly Road and O’Hara Avenue

Prepared by: Winston Rhodes, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Staff recommends approval of the attached Resolution authorizing the allocation of 36 (thirty- six) total transferable agricultural credits to a 19.89 acre site located at 2450 Concord Avenue, the transfer of 20 of these 36 credits to a 30.7 acre site located generally southwest of the intersection of Neroly Road and O’Hara Avenue approved as Magnolia Ranch now known as Granville Estates and described within Vesting Tentative Subdivision Map (VTSM) No. 8724 (APN 018-020-002 and 018-020-003), retention of 16 of the 36 credits by the owners of 2450 Concord Avenue for future use subject to a future City approval, and waiving the City’s interest in being the named holder of the conservation easement.

PREVIOUS ACTION
On April 13, 2004, the Council approved VTSM No. 8724 allowing the subdivision of 30.7 acres into 84 residential lots, a park, and open space trail area. On October 14, 2003, the City Council conceptually approved 26 units over the General Plan mid-range density for this site determining that additional park space, provision of affordable housing, and use of Transferable Agricultural Credits available through the City Agricultural Enterprise Program were sufficient justification for exceeding the mid-range density for the site.

BACKGROUND
The City adopted the Agricultural Enterprise Program (AEP) in September 2001. The AEP included a transferable agricultural credit component which allows the sale of agricultural credits within a defined agricultural sending area immediately south of the City in exchange for additional density within residential areas inside the City and the permanent conservation of existing productive farmland. A condition of approval (#56) on VTSM No. 8724 requires that a permanent farmland conservation easement deed restriction be recorded on 10 acres of agricultural land within the Transferable Agricultural Credit (TAC) Sending Area established under the City’s Agricultural Enterprise Program to justify 20 of the 26 dwelling units approved above the mid-range density for VTSM No. 8724. The condition of approval requires that the TAC donor site be acceptable to the Brentwood Agricultural Land Trust (BALT) and City of Brentwood. A copy of the conservation easement deed restriction agreement prepared by BALT and reviewed by City staff is attached.

The 19.89 acre TAC sending site located at 2450 Concord Avenue is within the Council-approved TAC sending area. The property owner Private Island Homes and BALT have been working over several months to negotiate the conservation easement agreement, terms for ongoing monitoring of the easement, and the cleaning up of the site to make it ready for farming. City staff have been kept informed and have monitored the ongoing progress to make the Concord Avenue site ready to farm later this year in order to justify the higher density on the 30.7-acre TAC receiving site within the City. Private Island Homes has fulfilled all the conditions set by BALT as prerequisites to entering into a conservation easement agreement and supports this proposed TAC transaction (see attached letter from BALT). BALT, consistent with its adopted bylaws, is proposed to hold the conservation easement and is the entity responsible for monitoring and enforcing the conservation easement agreement. In the event that the BALT non-profit corporation ceases to exist in the future, the City retains the authority to determine the entity that will hold and monitor the conservation easement on 2450 Concord Avenue.

FISCAL IMPACT
The 30.7 acre TAC receiving site (VTSM #8724) will be required to pay all City development fees including approximately $163,846 in agricultural mitigation fees. Once developed, the 30.7 acre site would generate additional property tax for the City and will also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with the new neighborhood. The 19.89 acre TAC sending site on Concord Avenue would be preserved agricultural land outside the City and could help enhance Brentwood agricultural tourism in the future.

Attachments:

Deed of Perpetual Agricultural Conservation Easement
BALT Letter
Resolution

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE ALLOCATION OF THIRTY-SIX (36) TRANSFERABLE AGRICULTURAL CREDITS TO A 19.89 ACRE SITE LOCATED AT 2450 CONCORD AVENUE (APN 010-070-005) AND THE TRANSFER OF TWENTY CREDITS TO A 30.7-ACRE SITE LOCATED SOUTHWEST OF THE INTERSECTION OF NEROLY ROAD AND O’HARA AVENUE (APN 018-020-002 AND 018-020-003).

WHEREAS, the City Council previously approved Vesting Tentative Subdivision Map No. 8724 for the subdivision of 30.7 acres on the property located southwest of the intersection of Neroly Road and O’Hara Avenue (APN 018-020-002 and 018-020-003) into 84 single-family residential lots; and

WHEREAS, the City Council, in compliance with General Plan policies and the City of Brentwood Municipal Code, previously approved a density for that subdivision above the mid-point density which allowed for twenty additional residential lots in exchange for use of transferable agricultural credits as provided by a condition of approval for Subdivision Map No. 8724, Condition No. 56, that requires Private Island Homes to record an agricultural conservation easement and farmland deed restriction over a minimum ten (10) acre property within the City’s Transferable Agricultural Credit (TAC) sending area in consideration of receiving twenty additional residential lots; and

WHEREAS, Private Island Homes has purchased a 19.89 acre property at 2450 Concord Avenue which is within the TAC sending area and within Contra Costa County’s Agricultural Core Area and is an identified “Donor Parcel” per Municipal Code Section 17.030.040; and

WHEREAS, The City’s Municipal Code Section 17.730.040 allows transferable agricultural credits to be allocated to property-owners of record of agricultural land within the TAC sending area and the County’s Agricultural Core Area and permits application of two credits for every acre of agricultural land which is placed in a permanent conservation easement, said credit to run with the land; and

WHEREAS, The City Council directed that the permanent farmland conservation easement on 10 acres involved in this TAC transaction be acceptable to the Brentwood Agricultural Land Trust (BALT);

WHEREAS, BALT has approved the subject property as suitable for recordation of a permanent conservation easement over 19.89 acres of the property; which would equate to a total of thirty-six (36) transferable agricultural credits (TAC); and

WHEREAS, the BALT Board of Directors shall be responsible for the ongoing monitoring of the conservation easement for 2450 Concord Avenue in perpetuity; and

WHEREAS, the City’s Municipal Code Section 17.030.070 identifies the procedure for the transfer of agricultural credits;

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

1. The property at 2450 Concord Avenue (“Donor Parcel”) described in Exhibit A and B of this resolution has adequate water supply to support the historic agricultural use on the land.

2. The Donor Parcel is of adequate size, configuration and location to be viable for agricultural use.

3. The Donor Parcel is not currently subject to easements or physical conditions that prevent modification of the property’s land use to a nonagricultural use.

4. The Donor Parcel is not currently encumbered by a conservation easement.

5. Private Island Homes and its successors and assigns in ownership of the Donor Parcel (“Owners”), shall retain full rights to regulate how and to whom the sixteen (16) surplus agricultural credits may be transferred, assigned, sold or otherwise distributed. The Owner(s) may advertise market, promote or otherwise indicate to the public and any interested parties that agricultural credits are available and the Owner(s) shall retain all rights to refuse the transfer of credits from the Donor Parcel as Owners see fit. Owners shall have the sole and exclusive right to negotiate the transfer of credits with developers of a Receiving Parcel(s), but shall bear no responsibility to ensure that the Receiving Parcel(s) is eligible to receive transferable agricultural credits nor guarantee City approval of the transfer.

6. Any future transfer of agricultural credits from the Donor Parcel shall be subject to the review and approval of the City and all future transactions shall be subject to a similar agreement between the City and Owners, in accordance with the City’s Municipal Code Section 17.730.

NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Brentwood hereby takes the following actions:

1. Approves the Donor Parcel and the allocation of thirty-six (36) transferable agricultural credits upon proof of recordation of a permanent conservation easement over the 19.89 acre parcel at 2450 Concord Avenue described in Exhibit A and B.

2. Approves the Brentwood Agricultural Land Trust (BALT) as the sole holder of the permanent conservation easement and the responsible party for monitoring and enforcing the conservation easement over 19.89 acres at 2450 Concord Avenue.

3. Approves the transfer of twenty (20) of these transferable agricultural credits from the Donor Parcel to Assessor’s Parcel Numbers 018-020-002 and 018-020-003 (“Receiver Parcels”) in fulfillment of Condition of Approval No. 56 for Subdivision Map 8724 for consideration of a twenty-unit density bonus accorded the approved Vesting Tentative Subdivision Map No. 8724.

4. Approves sixteen (16) of the transferable agricultural credits remaining with the Donor Parcel and the availability of these credits for future application to one or more receiving parcels subject to City Municipal Code requirements and upon receipt of appropriate land use entitlements, either for the benefit of Private Island Homes or by other property developers within the City in need of transferable agricultural credits in order to exceed the allowable mid-range density.

PASSED by the City Council of the City of Brentwood on January 11, 2005, by the following vote:

Exhibits
Map
Legal Description

Exhibit A
Location Map

Exhibit B
Legal Description

Lot 85 Sub 2 Brentwood Irrigation Farms (Portion)
Unincorporated Area of Contra Costa County
APN 010-070-005

Real property situated in the Unincorporated Area of Contra Costa County, State of California being a portion of Lot 85 as said Lot 85 is shown on the map entitled “Subdivision Number Two, Brentwood Irrigated Farms”, filed in Book 11 at Page 251 Official records Contra Costa County described as follows:

Beginning at the northwest corner of said Lot 85; thence along the northern line of said Lot 85, N89˚ 55’ 00”E, 660.00 feet to the northeast corner of said Lot 85; thence along the eastern line of said Lot 85,S00˚08’00”W, 925.50 feet; thence leaving said eastern line, S89˚55’00”W, 17.5 feet; thence S00˚08’00W, 6.00 feet; thence S89˚55’00”W, 17.5 feet to said eastern line; thence along the eastern line S00˚08’00”W, 381.50 feet to the southeast corner of said Lot 85; thence along the southern line of said Lot 85, S89˚55’00”W, 660.00 feet to the southwest corner of said Lot 85; thence along the western line of said Lot 85, N00˚08’00”E, 1313.00 feet to the Point of Beginning.

Containing: 19.891 Acres±
 

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