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CITY COUNCIL AGENDA ITEM NO. 23

Meeting Date: May 9, 2006

Subject/Title: Consideration of a request to consider a one-time six (6) month extension for the previously approved 53 single-family residential lot allocation of the Residential Growth Management Program for the Estates at the Preserve (Passport Homes) project, located between Lone Tree Way and the future Grant Street extension, just east of O’Hara Avenue.

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Community Development Department Director

RECOMMENDATION
The Staff RGMP Committee recommends that the City Council pass and accept the attached Resolution granting a one-time six (6) month extension for Passport Homes, located between Lone Tree Way and the future Grant Street extension, just east of O’Hara Avenue.

PREVIOUS ACTION
On August 23, 2005 the City Council approved a 53 unit RGMP allocation for Passport Homes.

BACKGROUND
The RGMP guidelines state that if an allocation is granted for a project, the applicant must file all required applications for discretionary permits with the Community Development Department within 90 days from the date of the allocation by the Council. Passport Homes was granted their RGMP allocation on August 23, 2005, therefore the 90 day period ended on November 23, 2005.

The 90-day deadline to file discretionary permits is only addressed in the RGMP handout. It states that “If an allocation is granted by the City Council for a project, the applicant must file all required applications for discretionary permits, including environmental review, with the Community Development Department within 90-days from the date of the allocation by Council.” Even though this date is addressed in the guidelines it can be easily be overlooked. That is the case with Passport Homes. Because the applicant was actively working towards submitting their project, staff and the applicant both, overlooked the deadline date and didn’t realize it was passed the 90 days. Once it was realized that the 90-days had gone by staff quickly went to the Committee with the extension request and that is the reason this is before the Council. To prevent this from happening again staff will include the 90-day deadline in the resolution that goes to the City Council approving the allocations.

If an applicant fails to comply with this 90 day deadline, the allocation is deemed to be denied without prejudice and the units are returned to the allocation pool for potential reallocation, unless the City Council grants a one-time 6-month extension for an allocation. In determining whether to grant a 6-month time extension, the RGMP Staff Committee would have to review the progress made by the applicant and then forward a recommendation to the Council for consideration.

Passport Homes is requesting a one-time 6-month extension and has submitted a letter to the RGMP Staff Committee listing the reasons why the Committee should give a positive recommendation for a time extension to the City Council. The Staff Committee reviewed the letter and concurs with their request and supports giving the time extension. The Committee felt that this project has been making an effort working with the surrounding property owners to acquire rights-of-way for Lone Tree Way. This project is also helping to get Lone Tree Way improvements done in a more expedited manner and with less inconvenience to the public by working concurrently with the adjacent project and had to spend additional time working with Trans America Mineral Company finalizing the surface mineral right issues. The applicant has submitted all of the required discretionary permit applications and is scheduled to go before the Planning Commission on May 9, 2006.

FISCAL IMPACT
There would be no fiscal impact to the City.

Attachments:
1. Letter from Passport Homes, date stamp received April 5, 2006.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ONE-TIME 6-MONTH EXTENSION FOR THE PREVIOUSLY APPROVED 53 SINGLE-FAMILY RESIDENTIAL LOT ALLOCATION OF THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM FOR THE ESTATES AT THE PRESERVE (PASSPORT HOMES) PROJECT 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, on August 23, 2005 the City Council found that Passport Homes achieved 155.8 total RGMP points and granted the requested allocation of 53 units in accordance with the application and RGMP Guidelines; 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 a one-time 6-month extension for a previously approved RGMP allocation will still 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 Committee reviewed said request for a one-time 6-month extension with respect to the RGMP and recommends that the City Council approve the one-time 6-month extension; and

WHEREAS, one of the intents of the RGMP is that the City Council can grant a one-time 6-month extension for a previously approved RGMP allocation; and

WHEREAS, on May 9, 2006, the City Council held a public hearing to accept public testimony and reviewed all available information, including the request and the staff report prepared for the City Council with the Staff RGMP Committee 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 Passport Homes has made progress to ensure that the project is moving forward by working with the surrounding property owners to acquire rights-of-way and to get improvements done in a more expedited manner and with less inconvenience to the public.

Section 4. The City Council hereby approves a one-time 6-month extension for the RGMP application filed by Passport Homes (Estates at the Preserve), requiring the submittal of all discretionary permit applications by May 23, 2006.

PASSED AND ACCEPTED by the City Council of the City of Brentwood at their regular meeting of May 9, 2006 by the following vote:
 

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