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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 23

Meeting Date: June 27, 2006

Subject/Title: A Development Agreement (DA 04-02) to govern the phasing, development and construction of the Bridle Gate project, a 134-acre site to consist of 166 single-family residences, two public parks totaling just over five acres, three open space parcels totaling just over 42 acres, and a 34.58-acre parcel for future mixed-use business park and regional commercial uses. The project site is located both north and south of the Sand Creek Road extension, directly west of the State Route 4 Bypass.

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION

Introduce and waive the first reading of an Ordinance approving and authorizing the City Manager to execute a Development Agreement with West Coast Home Builders, Inc.

PREVIOUS ACTION

• Special Planning Area (SPA) E was approved by the Council on November 27, 2001 as part of the General Plan Update. Specific language regulating the development of the project site was included. The PD-36 Zone was approved by the Council as a “shell” PD Zone, in that no land uses or development standards were established at the time it was created.

• An RGMP allocation for 166 units was approved for the Bridle Gate project by the Council on January 11, 2005.

• The Planning Commission (Commission) denied GPA 01-01 and RZ 05-04 on April 19, 2005 by a 4-1 vote (Commissioner Stirling voted no). The associated applications for Development Agreement, Vesting Tentative Subdivision Map, and Design Review approval were continued indefinitely until the Council acted on any appeal relative to the General Plan Amendment (GPA) and Rezone (RZ).

• An appeal of the Commission’s decision was considered by the Council on June 14, 2005, at which time the Council referred the project back to the Commission to address the concerns that were raised by the Commission.

• The applicant did not make any changes to the project that affected either the GPA or the RZ. The Commission denied GPA 01-01 and RZ 05-04 again on November 1, 2005 by a 3-2 vote (Commissioners Stirling and Pitkin voted no).

• On November 15, 2005 the Commission memorialized its November 1, 2005 action by approving Resolution No. 05-82 on a 4-0 vote (Commissioner Londos was absent).
• On November 18, 2005 a letter was received from Discovery Builders appealing the decision of the Commission to deny the GPA and RZ.

• On December 13, 2005 the Council approved a consent calendar item to set January 10, 2006 as the date of the public hearing for the appeal filed by Discovery Builders.

• On January 10, 2006 the Council considered the appeal at a public hearing and voted 4-0 (Mayor Swisher abstained) to approve the appeal, subject to the applicant making specific changes as directed by the Council, with formal approval to be considered at a future public hearing upon seeing the changes.

• On May 23, 2006 the Council formally approved the appeal of GPA 01-01 and RZ 05-04 at a public hearing by a 4-0 vote (Mayor Swisher was absent).

• On June 6, 2006 the Commission unanimously recommended approval of the Development Agreement (DA 04-02), approved the Vesting Tentative Subdivision Map (VTSM 8506) subject to conditions, and approved the Design Review (DR 01-12) subject to conditions.

PROJECT DESCRIPTION

The Bridle Gate project includes five separate entitlements, including a Development Agreement, a General Plan Amendment, a Rezone, a Vesting Tentative Subdivision Map, and a Design Review. Four of these entitlements have already been approved, as referenced above, by either the Commission or the Council. The project includes converting a 134-acre parcel that is currently used for grazing into 166 single-family homes (including 42 executive homes on 10,000-square-foot minimum lots), an approximate 34-acre parcel for future non-residential development, approximately 42 acres of open space, and approximately five acres of parks. The applicant is currently requesting approval of a Development Agreement to govern the phasing, development, and construction of the project.

BACKGROUND

The long history of the Bridle Gate project dates back to March 9, 2001, when it was first submitted to the Community Development Department for processing. Over the last five-plus years, a number of public hearings have been held related to the project, including two appeals that the Council has considered in the last year, which were filed by the applicant as a result of earlier denials by the Commission. The project, as can be seen by the two most recent actions listed above (one each by the Council and Commission), is now very close to being fully entitled. The last piece is the Development Agreement, which the Commission considered at a public hearing on June 6th, and recommended approval of to the Council.

ANALYSIS

The purpose of a development agreement (DA) is to provide the local government and the applicant with a level of certainty related to a specific project (i.e. that it will proceed to completion in compliance with the plans submitted and that it can proceed to completion in accordance with the rules and regulations in effect at the time of project approval). The key points to this DA are as follows:

• A term of five years for the single-family residential development and ten years for the mixed-use business park and regional commercial development.

• A three-year freeze of development fees for the mixed-use business park and regional commercial portion of the project.

• Dedication of the open space parcels to the City, with the applicant reserving the right to use a portion of said parcels for a term of ten years in the event that environmental mitigation is required.

• Dedication and improvement of a trail through the project site.

• Development of Lots 1-42 with high quality (executive style) homes.

• Provision of nine affordable units in accordance with the City’s Affordable Housing Program.

• The following improvements associated with the State Route 4 Bypass property, adjacent to the southeast corner of the project site – design, grading, soundwall construction, and stubbing utilities.

• The following improvements associated with the mixed-use business park and regional commercial portion of the project – grading and stubbing utilities.

• Design and construction of Sand Creek Road to its ultimate width, from the Bypass to Sand Creek, including a traffic signal at the intersection of Sand Creek Road and San Jose Avenue.

• Construction of a pedestrian bridge over Sand Creek Road near the large park site.

• Design and construction of San Jose Avenue through the project site.

The DA has been reviewed extensively by staff (including the City Attorney, the Director of Public Works/City Engineer, and the Director of Parks and Recreation), as well as by the applicant. Staff believes that the agreement, as drafted, provides a clear and comprehensive framework for development of the Bridle Gate project. It also gives certainty to both the City and the applicant, as well as providing a variety of benefits to the City as a whole.

FISCAL IMPACT

The applicant is required to pay all relevant fees as specified in the conditions of approval for the Vesting Tentative Subdivision Map. The project, once developed, would generate additional property tax for the City. The project will also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with the new neighborhood.

Attachments:
Ordinance
Development Agreement

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPMENT AGREEMENT (DA 04-02) WITH WEST COAST HOME BUILDERS, INC. TO GOVERN THE OVERALL PHASING AND DEVELOPMENT OF THE BRIDLE GATE PROJECT, GENERALLY LOCATED WEST OF THE STATE ROUTE 4 BYPASS, ON BOTH SIDES OF THE SAND CREEK ROAD EXTENSION (APN 019-082-005).

WHEREAS, West Coast Home Builders, Inc. has applied for development approval of the project, which would generally include mixed-use business park, regional commercial, recreational, open space, and single-family residential uses; and

WHEREAS, the applicant in order to implement the proposed plan has applied for approval of a Development Agreement (DA 04-02), a General Plan Amendment (GPA 01-01), a Rezone (RZ 05-04), a Vesting Tentative Subdivision Map (VTSM 8506), and Design Review (DR 01-12); and

WHEREAS, on May 23, 2006, the City Council approved the Mitigated Negative Declaration (Resolution No. 2006-124) for the Bridle Gate project, approved General Plan Amendment No. 01-01 (Resolution No. 2006-125), and approved the first reading for Rezone No. 05-04 (Ordinance No. 827); and

WHEREAS, on June 6, 2006, the Planning Commission unanimously passed Resolution No. 06-47 recommending approval of Development Agreement No. 04-02, Resolution No. 06-48 approving Vesting Tentative Subdivision Map No. 8506 as conditioned, and Resolution No. 06-49 approving Design Review No. 01-12 as conditioned; and

WHEREAS, on June 13, 2006, the City Council adopted Rezone No. 05-04 (Ordinance No. 827); and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood Press on June 16, 2006, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council of the City of Brentwood considered this request at a public hearing at its regular meeting of June 27, 2006, and considered the staff report, the Planning Commission recommendation, all accompanying information, and testimony received from all interested parties; and

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

A. Hereby finds that:

1. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City General Plan and any applicable specific plans as it provides for the creation of new jobs in an attempt to attain a 1.5:1 jobs to housing ratio and much needed commercial facilities; and

2. The Development Agreement will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole, as it simply carries out the land use and zoning designations approved for the property; and

3. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values as it is the intention of the Development Agreement to implement the approved land use and zoning designations for the property as suggested in the City General Plan; and

4. As there is an applicable Special Planning Area and Planned Development Zone for the subject property, the finding concerning facilitation of the implementation of a specific plan is applicable in this case as determined through the City’s zoning amendment and development entitlement process; and

5. The Development Agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5.

B. Approves and authorizes the City Manager to execute the Development Agreement (DA 04-02) as reflected in Exhibit “A”, attached hereto and made a part of this Ordinance.

C. Declares that this Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Brentwood Press, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing a summary of the Ordinance prepared by the City Attorney in the Brentwood Press and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

D. Declares that this Ordinance shall go into effect thirty (30) days after the date of its passage and adoption and further in accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THIS ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 27th day of June 2006, by the following vote:

Exhibits:
Exhibit "A" – Development Agreement No. 04-02
VTSM 8506
 

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