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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: February 28, 2006

Subject/Title: Public hearing to consider Residential Growth Management Program applications for the following projects:

• “Bonnie Lane”, submitted by Site Homes, LLC, located between Bonnie Lane and Lone Tree Way, west of Anderson Lane

• “Last Ranch”, submitted by Rob Hanberg and Frederick Lamb, located at the southwest corner of Lone Tree Way and Tilton Lane

• “Magnolia”, submitted by Discovery Builders, Inc., located south of Marsh Creek and west of Brentwood Boulevard

• “Mission Grove”, submitted by Discovery Builders, Inc., located south of Balfour Road and west of the Union Pacific Railroad tracks

• “St. James Court”, submitted by Minnesota Rentals, Inc., located between Carmel Parkway and Randy Way, east of Minnesota Avenue

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
The Staff RGMP Evaluation Committee recommends that the Council pass and accept the attached Resolution granting an allocation for 23 units to the “Bonnie Lane” project, 6 units to the “Last Ranch” project, 28 units to the “Magnolia” project, 126 units to the “Mission Grove” project, and 6 units to the “St. James Court” project.

PREVIOUS ACTION
In June of 2005, the City Council approved a General Plan Amendment and Rezone for a 28-acre area that included the “Last Ranch” project site. No other recent or significant Council action related to any of the other project sites has taken place.

PROJECT DESCRIPTION
Five applications were submitted for processing during the February 2006 RGMP cycle. All five applications before the Council have been processed through the Staff RGMP Evaluation Committee. Following is a brief discussion of each application, in order of the total number of points that they received, with the highest total first.

The first application was submitted by Site Homes, LLC for a project known as “Bonnie Lane”. The project includes a total of 30 single-family residential lots ranging from 15,000 to over 24,000 square feet in size. The project is located on approximately 15.49 acres bounded generally by Bonnie Lane on the north and Lone Tree Way on the south, between O’Hara Avenue and Anderson Lane. The site is comprised of three parcels that contain a total of four single-family residences (all of which will be replaced), and the project will also be subject to the City’s Affordable Housing Ordinance, requiring three affordable units (10% of 30 units = 3 units). As a result, with replacement units and affordable housing units being exempt from the RGMP, the total number of units requested for allocation is 23 (30 – 4 – 3 = 23). The project has been scored by the Staff RGMP Evaluation Committee and has received a total of 151 points, with 130 points being the threshold required for Council consideration. The following table reflects the general categories of criteria established by the RGMP and the respective points for each:

SITE HOMES, LLC – “BONNIE LANE”
Criteria Points Possible Points Awarded
Infrastructure 50 50
Amenities 25 0
Energy Efficiency 25 25*
Jobs 40 20
Agricultural Enterprise 30 0
Housing Design 25 6*
Continuing Project 10 0
Incorporating Existing Properties 25 25
Estate Homes 10 10
Subdivide Land Only Reduce threshold to 100 0
Existing Homes 15 0
Subdivision Design 15 15
Total 270 151
* These points have been awarded by including the average scores in the respective categories from the two Discovery Builders, Inc. projects, in accordance with the RGMP

The second application was submitted by Discovery Builders, Inc. for a project known as “Magnolia”. The project includes a total of 34 single-family residential lots averaging approximately 3,000 square feet in size, arranged in a cluster-type design with a common driveway that typically serves four lots. The project is located on approximately 3.382 acres south of Marsh Creek and west of Brentwood Boulevard. The site contains one single-family residence that will be replaced, and the project will also be subject to the City’s Affordable Housing Ordinance, requiring five affordable units based on its location within the Redevelopment Area (15% of 34 units = 5 units). As a result, with replacement units and affordable housing units being exempt from the RGMP, the total number of units requested for allocation is 28 (34 – 1 – 5 = 28). The project has been scored by the Staff RGMP Evaluation Committee and has received a total of 150 points, with 130 points being the threshold required for Council consideration. The following table reflects the general categories of criteria established by the RGMP and the respective points for each:

DISCOVERY BUILDERS, INC. – “MAGNOLIA”
Criteria Points Possible Points Awarded
Infrastructure 50 50
Amenities 25 10
Energy Efficiency 25 25
Jobs 40 17
Agricultural Enterprise 30 2
Housing Design 25 6
Continuing Project 10 10
Incorporating Existing Properties 25 15
Estate Homes 10 0
Subdivide Land Only Reduce threshold to 100 0
Existing Homes 15 0
Subdivision Design 15 15
Total 270 150

The third application was submitted by Discovery Builders, Inc. for a project known as “Mission Grove”. The project includes a total of 140 single-family residential lots averaging approximately 3,000 square feet in size, arranged in a cluster-type design with a common driveway that typically serves four lots. The project is located on approximately 15.6 acres bounded generally by Balfour Road on the north, the Union Pacific Railroad tracks on the east, the ECCID Main Canal on the south, and Armstrong Road on the west. The project will be subject to the City’s Affordable Housing Ordinance, requiring 14 affordable units (10% of 140 units = 14 units). As a result, with affordable housing units being exempt from the RGMP, the total number of units requested for allocation is 126 (140 – 14 = 126). The project has been scored by the Staff RGMP Evaluation Committee and has received a total of 140.8 points, with 130 points being the threshold required for Council consideration. The following table reflects the general categories of criteria established by the RGMP and the respective points for each:

DISCOVERY BUILDERS, INC. – “MISSION GROVE”
Criteria Points Possible Points Awarded
Infrastructure 50 46.4
Amenities 25 9.4
Energy Efficiency 25 25
Jobs 40 17
Agricultural Enterprise 30 16
Housing Design 25 6
Continuing Project 10 10
Incorporating Existing Properties 25 5
Estate Homes 10 0
Subdivide Land Only Reduce threshold to 100 0
Existing Homes 15 0
Subdivision Design 15 6
Total 270 140.8

It should be pointed out that the two preceding projects by Discovery Builders, Inc. include a cluster home lotting configuration that cannot be supported by staff. Discovery Builders, Inc. has been notified that groups of cluster homes must have a maximum of four homes on each private driveway. Staff notes that changes in these lotting patterns for both projects would likely result in a loss of units within each project. As such, the applicant has been notified that RGMP approval is not a guarantee for the specified lot count or lot layout.

The fourth application was submitted by Rob Hanberg and Frederick Lamb for a project known as “Last Ranch”. The project includes a total of 8 single-family residential lots averaging over 20,000 square feet in size. The project is located on approximately 3.95 acres bounded generally by Lone Tree Way on the north and Tilton Lane on the east. The site contains one single-family residence that will be retained, and the project will also be subject to the City’s Affordable Housing Ordinance, requiring one affordable unit (10% of 8 units = 1 unit). As a result, with existing units and affordable housing units being exempt from the RGMP, the total number of units requested for allocation is 6 (8 – 1 – 1 = 6). The project has been scored by the Staff RGMP Evaluation Committee and has received a total of 135.5 points, with 130 points being the threshold required for Council consideration. The following table reflects the general categories of criteria established by the RGMP and the respective points for each:

ROB HANBERG AND FREDERICK LAMB – “LAST RANCH”
Criteria Points Possible Points Awarded
Infrastructure 50 30
Amenities 25 0
Energy Efficiency 25 25*
Jobs 40 40
Agricultural Enterprise 30 0
Housing Design 25 6*
Continuing Project 10 0
Incorporating Existing Properties 25 10
Estate Homes 10 6.5
Subdivide Land Only Reduce threshold to 100 0
Existing Homes 15 15
Subdivision Design 15 3
Total 270 135.5
* These points have been awarded by including the average scores in the respective categories from the two Discovery Builders, Inc. projects, in accordance with the RGMP

The fifth application was submitted by Minnesota Rentals, Inc. for a project known as “St. James Court”. The project includes a total of 8 single-family residential lots averaging over 20,000 square feet in size. The project is located on approximately 3.77 acres between Carmel Parkway and Randy Way, on the east side of Minnesota Avenue. The site contains one single-family residence that will be replaced, and the project will also be subject to the City’s Affordable Housing Ordinance, requiring one affordable unit (10% of 8 units = 1 unit). As a result, with replacement units and affordable housing units being exempt from the RGMP, the total number of units requested for allocation is 6 (8 – 1 – 1 = 6). The project has been scored by the Staff RGMP Evaluation Committee and has received a total of 131 points, with 130 points being the threshold required for Council consideration. The following table reflects the general categories of criteria established by the RGMP and the respective points for each:

MINNESOTA RENTALS, INC. – “ST. JAMES COURT”
Criteria Points Possible Points Awarded
Infrastructure 50 50
Amenities 25 0
Energy Efficiency 25 25*
Jobs 40 19
Agricultural Enterprise 30 0
Housing Design 25 6*
Continuing Project 10 10
Incorporating Existing Properties 25 10
Estate Homes 10 8
Subdivide Land Only Reduce threshold to 100 0
Existing Homes 15 0
Subdivision Design 15 3
Total 270 131
* These points have been awarded by including the average scores in the respective categories from the two Discovery Builders, Inc. projects, in accordance with the RGMP.

As stated in the RGMP, if it is the desire of the Council to approve allocations for the period in question, the Council shall award allocations to projects receiving the highest scores first, working down the list of projects numerically to lower scored projects until the desired number of semi-annual allocations has been awarded or the list is exhausted, or the Council chooses to stop at that point for any reason. It is also stated that the intent of the program is to further meter annual allocations by awarding approximately 50% at the February Council meeting and approximately 50% at the August Council meeting, or reasonably close percentages based on project size, in order to include entire projects. It is the Council’s prerogative to evaluate the allocation applications and make its decision regarding how far down the list to grant allocations.

It should be noted that the Council established the annual allocation for Calendar Year 2006 at 400 units during its meeting of January 10, 2006. Since the applications submitted for all five projects scored above the minimum threshold of 130 points, and awarding allocations for the 189 total units being requested would meet the intent of the RGMP in terms of leaving approximately 50% of the allocations available in August, the Staff RGMP Evaluation Committee recommends that all five applications receive an allocation. This would leave 211 allocations available for the remainder of the calendar year. Assuming Council approval of the requests from Site Homes, LLC, Discovery Builders, Inc., Rob Hanberg and Frederick Lamb, and Minnesota Rentals, Inc., the following table summarizes staff’s recommendation, as well as the remaining allocations for Calendar Year 2006:

Project Allocations Awarded Date Allocations Remaining (from 400)
Site Homes, LLC 23 2/28/06 377
Discovery Builders, Inc. 28 2/28/06 349
Discovery Builders, Inc. 126 2/28/06 223
Hanberg and Lamb 6 2/28/06 217
Minnesota Rentals, Inc. 6 2/28/06 211

FISCAL IMPACT
There is no fiscal impact associated with approving the requested allocations. Each applicant, in conjunction with the filing of a formal subdivision map, will be required to pay all relevant fees as specified in the respective conditions of approval. The projects, once developed, would generate additional property tax for the City. The projects will also increase demand for the urban services that the City provides, which will result in ongoing associated delivery costs.

Attachments:
Resolution
February 2006 RGMP Allocation Location Map
Conceptual plan for “Bonnie Lane”
Conceptual plan for “Magnolia”
Conceptual plan for “Mission Grove”
Conceptual plan for “Last Ranch”
Conceptual plan for “St. James Court”

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING RGMP APPLICATIONS TOTALING 189 ALLOCATIONS IN CALENDAR YEAR 2006 TO SITE HOMES, LLC, DISCOVERY BUILDERS, INC., ROB HANBERG AND FREDERICK LAMB, AND MINNESOTA RENTALS, INC. IN ACCORDANCE WITH THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM

WHEREAS, the City Council passed and accepted 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 passed and accepted resolutions amending the original RGMP, and lastly on October 12, 2004, the City Council passed and accepted Resolution No. 2004-242 revising the original RGMP; and

WHEREAS, an application was submitted by Site Homes, LLC for 23 dwelling unit allocations in accordance with the “Bonnie Lane” project (RGMP No. 05-A5); and

WHEREAS, an application was submitted by Discovery Builders, Inc. for 28 dwelling unit allocations in accordance with the “Magnolia” project (RGMP No. 05-A4); and

WHEREAS, an application was submitted by Discovery Builders, Inc. for 126 dwelling unit allocations in accordance with the “Mission Grove” project (RGMP No. 05-A3); and

WHEREAS, an application was submitted by Rob Hanberg and Frederick Lamb for 6 dwelling unit allocations in accordance with the “Last Ranch” project (RGMP No. 05-A6); and

WHEREAS, an application was submitted by Minnesota Rentals, Inc. for 6 dwelling unit allocations in accordance with the “St. James Court” project (RGMP No. 05-A2); and

WHEREAS, consideration of these applications 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; and

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

WHEREAS, the Staff RGMP Evaluation Committee recommended to the City Council that the application for “Bonnie Lane” receive a total of 151 points, the application for “Magnolia” receive a total of 150 points, the application for “Mission Grove” receive a total of 140.8 points, the application for “Last Ranch” receive a total of 135.5 points, and the application for “St. James Court” receive a total of 131 points; and

WHEREAS, a minimum of 130 points is needed for the applications to be forwarded for consideration of the requested allocations by the City Council, and the applicants were notified of the point totals recommended by the Staff RGMP Evaluation Committee; and

WHEREAS, one of the intents of the RGMP is that the City Council award allocations to projects receiving the highest scores first, working down the list of projects numerically to lower scored projects until the desired number of semi-annual allocations has been awarded or the list is exhausted, or the City Council chooses to stop at that point for any reason; and

WHEREAS, another intent of the RGMP is that the City Council award approximately 50% of the annual allocations in February and the other 50% in August, or reasonably close percentages based on project size, in order to include entire projects; and

WHEREAS, the City Council established an annual allocation for Calendar Year 2006 of 400 units at its meeting of January 10, 2006; and

WHEREAS, the applications submitted by Site Homes, LLC, Discovery Builders, Inc., Rob Hanberg and Frederick Lamb, and Minnesota Rentals, Inc. have scored above the minimum threshold of 130 points; and

WHEREAS, awarding an allocation of 189 units to the respective applicants meets the intent of the RGMP, in that slightly more than half (211) of the 400 units remain available for Calendar Year 2006, which includes the August cycle of the RGMP, as well as any tentative parcel maps or secondary housing units that may be approved; and

WHEREAS, on February 28, 2006, the City Council held a public hearing to accept public testimony and reviewed all available information, including the applications and the staff report prepared for the City 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 the following actions are exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Section 3. The City Council finds that Site Homes, LLC has achieved 151 total points and grants the requested allocation of 23 units in accordance with the application and the following proposed general improvements for the “Bonnie Lane” project:

1. Construction of off-site roadway improvements to Lone Tree Way (50 points).
2. Energy efficient design (25 points).
3. Contribution of $161,000 to the City’s PEC Fund (20 points).
4. Housing design (6 points).
5. Incorporating the existing Fujii, Dannenberg, and Rincon properties into the subdivision (25 points).
6. Providing estate homes, such that 26 lots exceed 15,000 square feet and 4 lots exceed 20,000 square feet (10 points).
7. High quality subdivision design (15 points).

Section 4. The City Council finds that Discovery Builders, Inc. has achieved 150 total points and grants the requested allocation of 28 units in accordance with the application and the following proposed general improvements for the “Magnolia” project:

1. Construction of off-site roadway improvements to the Brentwood Boulevard Marsh Creek Bridge (50 points).
2. Landscape improvements to Brentwood Boulevard and Marsh Creek Vista Park (10 points).
3. Energy efficient design (25 points).
4. Contribution of $172,550 to the City’s PEC Fund (17 points).
5. Purchase of a conservation easement in the agricultural core area (2 points).
6. Housing design (6 points).
7. Continuing project (10 points).
8. Incorporating the existing property into the subdivision (15 points).
9. High quality subdivision design (15 points).

Section 5. The City Council finds that Discovery Builders, Inc. has achieved 140.8 total points and grants the requested allocation of 126 units in accordance with the application and the following proposed general improvements for the “Mission Grove” project:

1. Construction of off-site roadway improvements to the Brentwood Boulevard Marsh Creek Bridge and Armstrong Road (46.4 points).
2. Landscape improvements parallel to the ECCID Main Canal (9.4 points).
3. Energy efficient design (25 points).
4. Contribution of $749,700 to the City’s PEC Fund (17 points).
5. Purchase of a conservation easement in the agricultural core area (16 points).
6. Housing design (6 points).
7. Continuing project (10 points).
8. Incorporating the existing property into the subdivision (5 points).
9. High quality subdivision design (6 points).

Section 6. The City Council finds that Rob Hanberg and Frederick Lamb have achieved 135.5 total points and grants the requested allocation of 6 units in accordance with the application and the following proposed general improvements for the “Last Ranch” project:

1. Construction of off-site landscape improvements (30 points).
2. Energy efficient design (25 points).
3. Contribution of $84,000 to the City’s PEC Fund (40 points).
4. Housing design (6 points).
5. Incorporating the existing property into the subdivision (10 points).
6. Providing estate homes, such that 3 lots exceed 15,000 square feet and 5 lots exceed 20,000 square feet (6.5 points).
7. Incorporating the existing home into the subdivision’s LLD and CFD, as well as connecting the existing home to City sewer and water services (15 points).
8. High quality subdivision design (3 points).

Section 7. The City Council finds that Minnesota Rentals, Inc. has achieved 131 total points and grants the requested allocation of 6 units in accordance with the application and the following proposed general improvements for the “St. James Court” project:

1. Construction of off-site landscape improvements (50 points).
2. Energy efficient design (25 points).
3. Contribution of $39,900 to the City’s PEC Fund (19 points).
4. Housing design (6 points).
5. Continuing project (10 points).
6. Incorporating the existing property into the subdivision (10 points).
7. Providing estate homes, such that each lot exceeds 20,000 square feet (8 points).
8. High quality subdivision design (3 points).

PASSED AND ACCEPTED by the City Council of the City of Brentwood at their regular meeting of February 28, 2006, by the following vote:
 

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