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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: September 26, 2006

Subject/Title: Consideration of a one-time six (6) month extension request for the previously approved 126-unit single-family residential allocation in accordance with the Residential Growth Management Program application for the Mission Grove (Discovery Builders) project, located south of Balfour Road and on the east side of Armstrong Road (a portion of APN 010-171-009).

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
The Staff RGMP Committee recommends that the City Council adopt the attached Resolution granting a one-time six (6) month extension for Discovery Builders.

PREVIOUS ACTION
On February 28, 2006, the City Council approved a 126-unit RGMP allocation for this application filed by Discovery Builders.

BACKGROUND
The RGMP states 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. Discovery Builders was granted their RGMP allocation on February 28, 2006, therefore the 90 day period ended on May 28, 2006.

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 overlooked. That is the case with Discovery Builders. Because the applicant was actively working towards submitting their project, staff and the applicant both overlooked the deadline date and didn’t realize the 90-days had passed. Once it was realized that the 90-days had passed, staff quickly went to the Committee with the extension request.

If an applicant fails to comply with the 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 this case, extending the RGMP approval and requiring a tentative subdivision map submittal on or before November 28, 2006. In determining whether to grant a 6-month time extension, the Staff RGMP Committee would have to review the progress made by the applicant and then forward a recommendation to the Council for consideration. The Staff RGMP Committee has reviewed this time extension application and recommends that the Council approves the time extension. Should the Council take the Staff RGMP Committee’s recommendation and approve a 6-month time extension for the Mission Grove project, the applicant would have a little over two months left to submit the required applications for discretionary permits with the Community Development Department.

ANALYSIS
Discovery Builders is requesting a one-time 6-month extension and has submitted a letter to the Staff RGMP Committee listing the reasons why the Committee should give a positive recommendation for a time extension to the City Council. The Committee reviewed the letter and concurs with their request and supports giving the time extension. The Committee felt that the applicant for this project has been making a concerted effort working with staff to make the site changes so that staff will support the design. The applicant has also sent the proposed Residential Design Guidelines to their architect in order to revise the design of the homes to meet these new guidelines. The applicant has also been diligently working with the Brentwood Agricultural Land Trust to acquire a piece of property in the Agricultural Core.

FISCAL IMPACT
There would be no fiscal impact to the City until the applicant files an application for discretionary permits and at that time will be required to pay all relevant fees as specified in the conditions of approval for the Mission Grove Project. The project, once developed, would generate additional property tax for the City of Brentwood. The project would also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with this project.

Attachments:
1. City Council Resolution
2. Letter from Discovery Builders, date stamp received July 18, 2006.
3. Vicinity Map
4. Conceptual site plan

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ONE-TIME 6-MONTH EXTENSION FOR THE PREVIOUSLY APPROVED 126-UNIT SINGLE-FAMILY RESIDENTIAL ALLOCATION IN ACCORDANCE WITH THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM APPLICATION FOR THE MISSION GROVE (DISCOVERY BUILDERS) PROJECT, LOCATED SOUTH OF BALFOUR ROAD AND ON THE EAST SIDE OF ARMSTRONG ROAD (PORTION OF APN 010-171-009)

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 February 28, 2006 the City Council found that Discovery Builders achieved 140.8 total RGMP points and granted the requested allocation of 126 units in accordance with the application and 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 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, on July 18, 2006, Discovery Builders submitted a request for a one-time 6- month time extension for the previously approved 126-unit single-family residential allocation in accordance with the RGMP for their Mission Grove project; 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 for the City Council to have the ability to grant a one-time 6-month extension for a previously approved RGMP allocation; 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 September 15, 2006, in accordance with City policies and Government Code 65090; and

WHEREAS, on September 26, 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.

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

A. Hereby finds that:

1. The foregoing recitals and staff report statements are found and determined to be true and correct.

2. The following actions are exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15061 (b) (3) of the CEQA Guidelines.

3. Discovery Builders has made progress to ensure that the project is moving forward by making modifications to the conceptual site plan and incorporating elements of the Residential Design Guidelines.

B. Hereby approves a one-time six (6) month extension for the previously approved 126-unit single-family residential allocation in accordance with the Residential Growth Management Program application for the Mission Grove (Discovery Builders) project, requiring the submittal of all discretionary permit applications by November 28, 2006.

PASSED, ACCEPTED AND ADOPTED by the City Council of the City of Brentwood at their regular meeting of September 26, 2006 by the following vote:
 

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