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Current Council Agenda and Past Meeting Information



Meeting Date: February 27, 2007

Subject/Title: Consideration of a Residential Growth Management Program (RGMP) application for the Ferro/Ronconi property, submitted by KB Home granting an allocation for 203 market rate residential units on approximately 42.23 acres, located at the northeast corner of Balfour Road and Griffith Lane (APN 012-130-006 and 012-130-007).

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Community Development Director

The Staff RGMP Evaluation Committee recommends that the Council adopt the attached Resolution granting an allocation for 203 market-rate residential units to the Ferro/Ronconi project, submitted by KB Home.

There has been no previous City Council action related to the project site.

This is the only application that was submitted for processing during the February 2007 RGMP cycle. This application before the Council has been processed through the Staff RGMP Evaluation Committee. Following is a brief discussion of this application and the total number of points it received.

This application was submitted by KB Home for a project known as “Ferro/Ronconi” property. The project includes a total of 211 single-family residential lots ranging from 4,700 to 8,800 square feet in size. Up to 203 lots will be for market rate units and eight lots will be for affordable units or a maximum of 211 units for the entire project. The project is located on approximately 42.23 acres located at the northeast corner of Balfour Road and Griffith Lane and has a General Plan land use designation of Low Density Residential (1.1 to 5.0 units per acre). The proposed project would have a density of 5.0 units per acre.

There are three proposed entrances, one on Balfour Road across from Hickory Drive, one on Griffith Lane across from the parking lot entrance to the City’s swim complex, and one on McClarren Road across from Nottingham Drive. There is a proposed pedestrian link, located on the east side of the project, through the landscape parcel to Pederson Way. This pedestrian link could serve as an emergency vehicle access point, if needed. There are two other proposed pedestrian links, one at the corner of Balfour Road and Griffith Lane and one at the corner of Griffith Lane and McClarren Road.

In order to meet the C-3 Stormwater Control guidelines there is a proposed one-acre detention basin located in the northeastern portion of the project. There is a 0.40-acre park proposed to be located in the center of the project to serve the 211 new units. A 0.75-acre landscape buffer/storm drain easement area is proposed for the eastern border of the project to help create a buffer between this project and the residents abutting this project.

The project is proposing a masonry soundwall along Balfour Road terminating, at some point, on Griffith Lane, a masonry fence along the rear property lines of the lots backing up to Griffith Lane, and for all of the lots located along McClarren Road, the houses will be oriented so that the front doors face McClarren Road and all driveways serving the individual houses will take access from an interior street at the rear of the house and not from McClarren Road.

KB Home presented a draft Affordable Housing Agreement to the Housing Subcommittee at its November 16, 2006 meeting. The City’s Affordable Housing Ordinance requires 10% of the units in new developments to be a mix of moderate, low, and very low income households and can either be for-sale or rental units. This project’s obligation would be 21 affordable units. However, the Ordinance allows the developer to negotiate with the City to provide alternative methods to meeting its obligation, i.e. pay in-lieu fees, build rental units and dedicate to the City. If the developer opts to build a unit and dedicate it to the City, they get a credit for providing two units for each unit dedicated.

At the Housing Subcommittee meeting on this item, the Committee’s recommendation was to allow KB Home to build 8 units. Five of the units would be for-sale units (one very low, three low, and one moderate). Three units would be dedicated to the City as rental units for low income households. The developer would pay in-lieu fees for the remaining obligation for 10 units (5 low and 5 moderate).

The project has been scored by the Staff RGMP Evaluation Committee and has received a total of 140 points, with 140 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:

Criteria Points Possible Points Awarded
Infrastructure 50 50
Amenities 25 25
Energy Efficiency 25 25
Jobs 40 6
Agricultural Enterprise 30 0
Housing Design 25 9
Continuing Project 10 10
Incorporating Existing Properties 25 0
Estate Homes 10 0
Subdivide Land Only Reduce threshold to 100 0
Existing Homes 15 0
Project Design 15 15
Total 270 140

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. For the February 2007 RGMP cycle, KB Home was the only applicant requesting an RGMP allocation.

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.

The Council established the annual allocation for Calendar Year 2007 at 451 units during its meeting on October 24, 2006. KB Home is the only applicant requesting an RGMP allocation for 203 units, leaving a total of 248 allocations available for the August 2007 RGMP cycle.

Assuming Council approval of the request from KB Home, the following table summarizes staff’s recommendation, as well as the remaining allocations for Calendar Year 2007:

Project Allocations Awarded Date Allocations Remaining
(from 451)
KB Home (Ferro/Ronconi) 203 02/27/07 248

The applicant will be required to pay all relevant fees associated with this 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.

1. Resolution
2. Conceptual Site Plan for the “Ferro/Ronconi” property, submitted by Carlson, Barbee & Gibson, Inc., dated “Received January 4, 2007”
3. Letter addressing the overview of the RGMP score, the RGMP engineering estimates, prepared by Carlson, Barbee & Gibson, Inc., the single-family GreenPoint checklist and the RGMP score sheet, all submitted by Jim Schmitt, KB Home South Bay, Inc., date “Received February 14, 2007”



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 KB Home for 203 dwelling unit allocations in accordance with the “Ferro/Ronconi” project (RGMP No. 06-A2); 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 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 RGMP, and recommended a specific point total be awarded; and

WHEREAS, the Staff RGMP Evaluation Committee recommended to the City Council that the application by KB Home for “Ferro/Ronconi” property receive a total of 140 points; and

WHEREAS, a minimum of 140 points is needed for the application to be forwarded for consideration of the requested allocations by the City Council, and the applicant was notified of the point total recommended by the Staff RGMP Evaluation Committee; and

WHEREAS, the 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 2007 of 451 units at its meeting of October 24, 2006; and

WHEREAS, the application submitted by KB Home scored the minimum threshold of 140 points; and

WHEREAS, the City Council awarded an allocation of 203 units to KB Home during the February 2007 RGMP cycle which meets the intent of the RGMP, in that slightly more than half (248) of the 451 units remain available for the August 2007 RGMP cycle, as well as any tentative parcel maps or secondary housing units that may be approved in Calendar Year 2007; and

WHEREAS, on February 27, 2007, 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 KB Home has achieved 140 total points and grants the requested allocation of 203 units in accordance with the application and the following proposed general improvements for the “Ferro/Ronconi” project:

1. Construction of John Muir Parkway Extension/Foothill Drive-Phase 1and Brentwood Boulevard widening or another CIP project selected by staff (30 points).
2. Construction of Brentwood Boulevard widening and improvements to Mc Clarren Park (20 points)
3. Provide $250,000 for traffic signal improvements, increase the parkway landscaping along Mc Clarren Road and Griffith Lane and a series of park and trail improvements (25 points).
4. Energy efficient design (25 points).
5. Contribution of $426,300 to the City’s PEC Fund (6 points).
6. Housing design (9 points).
7. Infill project (10 points).
8. High quality subdivision design (15 points).

Section 3. The City Council finds that in the event that any of the projects listed under Items 1, and 2 in the letter submitted by Jim Schmitt, KB Home South Bay, Inc., dated “Received February 14, 2007”, are not able to be constructed by KB Home because of timing or other unforeseen circumstances, the City shall have the right to authorize KB Home to pay the agreed amount of money, as stated in said letter, to the City to construct the projects.

Section 4. 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.

PASSED AND ACCEPTED by the City Council of the City of Brentwood at their regular meeting of February 27, 2007, by the following vote:

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