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Meeting Date: January 11, 2005

Subject/Title: Public hearing to consider a Residential Growth Management Program allocation for the Bridle Gate project, a proposed 166-unit subdivision located south of Sand Creek Road and west of the State Route 4 Bypass

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

The Staff RGMP Evaluation Committee recommends that the City Council pass the attached Resolution granting an allocation for 157 units (the subdivision will include 9 affordable units, which are exempt from the RGMP) to Discovery Builders, Inc.

There has been no previous City Council action since the General Plan was updated in 2001.

On May 5, 2004, the Bridle Gate application, which includes a Vesting Tentative Subdivision Map to subdivide approximately 51 acres into 166 single-family residential lots, was deemed complete. 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. The map was not approved by that date based on a variety of factors, including completion of the appropriate environmental review.

As a result, and in combination with the Council’s direction last July to revise the 2001 RGMP, 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 this project to be reviewed under the “old” criteria and appropriately scored by the Staff RGMP Evaluation Committee. The project has been scored by the Committee and has received a total of 127 points, well above the 100 required for Council approval of the requested allocations under the 2001 RGMP. The following table reflects the criteria and the respective points for each:

Criteria Points Possible Points Awarded
Affordable Housing 50 25
Amenities & Infrastructure 30 30
Rehabilitation of Existing Units 20 0
Energy Efficiency 20 15
Job Generation 40 25
In-fill Development 20 7
Agricultural Preservation 15 0
High Quality Design 20 10
Prioritized for Development 15 15
Continuing Project 10 0
Total 240 127
Fiscal impact to the City, when the project is developed, 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.

Proposed Vesting Tentative Subdivision Map 8506



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, an application was submitted by Discovery Builders, Inc. for 157 dwelling unit allocations; and

WHEREAS, the application includes various proposed public improvements; and

WHEREAS, based upon the fact that the proposed project included the submittal of a Vesting Tentative Subdivision Map, which was found to be complete during the time the former RGMP was effective, this RGMP application is being brought forward under the criteria and regulations of the former RGMP; 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 criteria established by the original RGMP, as specified in 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 127 points; and

WHEREAS, a minimum of 100 points is needed to receive an allocation under the prior RGMP and the applicant was notified of the point total recommended by the Staff RGMP Evaluation Committee; and

WHEREAS, on January 11, 2005, 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 Discovery Builders, Inc. has achieved 127 total points and grants the requested allocation of 157 dwelling units in accordance with the application and the following proposed general improvements, to be specified in a Development Agreement to be approved by the City Council at the time the Vesting Tentative Subdivision Map is processed, with the developer receiving all appropriate fee credits per the City’s Development Fee Program:

1. The developer shall design and grade (excluding any necessary remedial work), stub adequately sized utilities to, and construct a soundwall along the State Route 4 Bypass for the high density residential site (former Pestana property) adjacent to the southeast corner of the project site.
2. The developer shall construct Sand Creek Road to its ultimate width, westerly from its current terminus with the State Route 4 Bypass to Sand Creek.
3. The developer shall rough grade the approximate 36-acre commercial site on the north side of Sand Creek Road and stub adequately sized utilities to this site.
4. The developer shall construct a trail through the project site, provide park acreage in excess of the General Plan requirement (5.12 acres versus 2.57 acres), construct a pedestrian bridge over Sand Creek Road, and construct a trail along Sand Creek to connect to Old Sand Creek Road on the east side of the State Route 4 Bypass.
5. The developer shall build executive style homes (minimum size of 4,000 square feet) on 45 lots within the subdivision.
6. The developer shall provide “solar ready” homes, orient a minimum of 80% of the lots for solar use, offer solar and photovoltaic water heater and electric system options, offer whole house fans as options, and ensure that all homes meet PG&E Comfort Home specifications.

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 January 11, 2005, by the following vote:

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