A. 
Title. The provisions of this title shall be known as the "phased development plan."
B. 
Purpose. The purpose of these regulations is to regulate residential development in an orderly manner to ensure that necessary public facilities and services are available when development occurs; to bring facilities and services up to appropriate standards when development occurs; and to ensure that new development pays its fair share of adding facilities and service.
(Ord. 423 § 2, 1988)
Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended.
"Building permit"
means the final city approval before construction may begin.
"Capital improvements financing program" (CIFP)
means a program adopted by the City Council to finance and construct the capital improvements required to serve a certain level of development permitted and planned within the city. A CIFP may also be used to finance the operation and maintenance of capital improvements and may utilize any of the public or private financing techniques available under California law or combination thereof.
"City manager"
also includes the city manager's designee.
"Developer"
means a person, firm, corporation, partnership or other business entity, who proposes to engage in development.
"Development allotment" or "allotment"
means the city approval which must be obtained by a developer before a building permit can be issued. An "allotment" is an entitlement to apply for a building permit when issued pursuant to the provisions of this phased development plan.
"Residential development"
means the whole of any development project containing residential uses not expressly exempted from this phased development plan. Development exempted by this chapter shall not be considered residential development except as otherwise provided herein.
"Uniform Development Agreement (UDA)"
is a development agreement under authority of Government Code Section 65864 et seq., with substantially the same uniform terms and conditions used for a single capital improvements financing program.
This chapter shall be interpreted and administered by the city manager.
Any development agreements entered into by the city after the effective date of the ordinance codified in this chapter shall be subject to all the provisions of this chapter. Any commitments to allow development pursuant to a development agreement shall be conditioned upon compliance with this chapter and any numerical development allotment limits set by resolution of the city council as part of a CIFP.
(Ord. 423 § 2, 1988)
A. 
From time to time, the city council may adopt a capital improvements financing program (CIFP) for a certain level of development permitted and planned within the city. Whenever the council adopts a CIFP, it shall also determine the total number of residential development allotments available as part of the CIFP. The development allotments may run with the land for the period designated in the implementing resolution.
B. 
At such time as the city council approves a CIFP, the council shall by resolution establish the number of units to be permitted annually, the anticipated time frame for development to occur, and the identified properties, if any, to be included within the proposed CIFP. The phasing and timing of development allotments in any individual CIFP shall take into consideration such factors as the number and type of residential projects, the current availability of necessary improvements, the fair share housing needs, regional housing market conditions, the ability of the individual properties to finance new infrastructure, and other factors affecting the ability of the city to absorb new growth.
C. 
If as part of any CIFP there is additional capacity for residential development beyond that anticipated by the initial resolution, the city council may amend the initial resolution to incorporate the additional development.
D. 
At the request of any owner of a legal or equitable interest of real property who applies for inclusion within a proposed CIFP, the city council may enter into a uniform development agreement (UDA) with the owner. The UDA, if enacted by the council, shall incorporate the annual development entitlement, if any, for the property which is the subject of the agreement, as established by the development phasing schedule for the CIFP. Said request shall be made no later than twenty days after the city council has adopted a resolution of intent to form a CIFP or has committed the city to implement any other public financing mechanism. If the city council adopts an enacting ordinance for a UDA, it may condition the UDA upon the property owner's vote to include his or her property within an assessment district, payment of the required development fees, or upon a similar irrevocable commitment to an approved financing mechanism.
E. 
Modification of Phasing Plan. The city council may, after notice and public hearing, change any part of this development phasing plan by amendment in accordance with Chapter 17.870 of this title, provided the amendment is consistent with the then existing general plan and any applicable specific plans.
(Ord. 423 § 2, 1988)
A. 
Unless exempted by the provisions of this chapter, no building permit for new residential development shall be issued unless a development allotment pursuant to this chapter for the project has been granted. Prior to obtaining a building permit, the developer of proposed residential projects not exempted from the development allotment requirement shall apply for a development allotment as set forth below.
All new development, whether exempted from the development allotment requirement or covered by it, must meet all other applicable laws and policies in effect at the time the application is deemed complete, including an assurance that adequate water, sewer, drainage and roadway capacity, educational facilities and other public services as determined by the city council, are available.
B. 
Exemptions to Development Allotment Requirement.
1. 
The following type of development projects are exempt from the allotment requirement, so long as they participate in a capital improvements financing program.
a. 
Development projects of ten or fewer dwelling units in the redevelopment project area;
b. 
Residential development projects for four or fewer units by any single developer in one year;
c. 
Residential development projects consisting of subdivisions where the final map has been approved by the city prior to January 12, 1988;
d. 
Housing which contributes to the city of Brentwood's share of regional fair share housing needs and which is determined by the city council as necessary to implement the housing element of its general plan;
e. 
Senior citizen housing.
2. 
The granting of an exemption shall be subject to approval by the city. The planning commission shall consider the request for exemption concurrently with an application for tentative subdivision, design review or conditional use permit, whichever occurs first. If planning commission approval for the residential project is not required by ordinance, then the city manager shall consider the exemption.
3. 
The number of dwelling units which can be granted an exemption and are limited to those available in CIFP 88-1 or a subsequent capital improvement financing program.
4. 
Senior citizen housing will be granted an exemption only when there is a written agreement between the applicant and the city which restricts use to senior housing. For purposes of development allocation, two senior housing units shall be equal to one dwelling unit.
5. 
In the granting of exemptions, senior housing and residential projects within the redevelopment project area shall be given a priority over other types of exempt projects.
C. 
Exclusions. The following types of projects are excluded from the requirements of this chapter:
1. 
Projects which received an allocation for water/sewer allocations prior to November 9, 1988;
2. 
Commercial, industrial and agricultural uses, and the commercial and industrial components within a planned employment center.
(Ord. 423 § 2, 1988; Ord. 456 §§ 2(A), (B), 3(A), 1989)
A. 
No development allotment or exemption for new residential development shall be issued unless the city manager makes each of the following findings for a particular project:
1. 
The project has reasonable assurance of a sufficient quantity of water to provide the proposed development with a safe, potable water supply at the time of application.
2. 
The project will not create a demand for sewage collection, treatment, transmission or disposal capacity greater than that available to Brentwood at the time of application; or if these facilities require expansion, the development project will bear its fair share of the cost of the expanded facilities and the facilities will be available prior to issuance of a certificate of occupancy for any dwelling unit in the project.
3. 
The project will not create a demand for water storage or transmission capacity greater than that available to Brentwood at the time of application; or if the water storage or transmission capacity needs expansion, the project will bear its fair share of the cost of the expanded facilities and such expansion will be completed prior to issuance of a certificate of occupancy for any dwelling unit in the project.
4. 
The project will not create a demand for water treatment capacity greater than that available to Brentwood at the time of application; or if the water treatment capacity needs expansion, the project will bear its fair share of the cost of the expanded facilities and such expansion will be completed prior to issuance of a certificate of occupancy for any dwelling unit in the project.
5. 
The project will not create a demand for circulation improvements greater than that available at the time of application; or if additional circulation improvements are needed, the project will bear its fair share of costs for the necessary roadway and thoroughfare facilities.
6. 
The project will not create a demand for other public services, as determined to be necessary by the city council, greater than those services available to Brentwood at the time of application; or if these other public services need expansion, the project will bear its fair share of the cost of the expanded facilities, and the necessary facilities will be available prior to issuance of a certificate of occupancy for any dwelling unit in the project.
7. 
The project will not create a demand for educational facilities, as determined to be necessary by the city council, greater than those facilities available to Brentwood at the time of application; or if these educational facilities need expansion, the project will bear its fair share of the cost of the expanded facilities, and the necessary facilities will be available prior to issuance of a certificate of occupancy for any dwelling unit in the project.
B. 
1. 
"Fair share of costs" may be met by payment of development fees, participation in an assessment district or in a capital improvements financing program (CIFP) as defined in this chapter, a combination of these financing mechanisms, or by any other fair and equitable method of bearing a fair share of the capital costs of improvements. The city manager will determine whether the "fair share of costs" has been met.
2. 
"Reasonable assurance" means that a program and schedule to provide the necessary services exist which can practically be complied with as determined by the city manager in accordance with the criteria established in this section.
(Ord. 423 § 2, 1988; Ord. 456 §§ 2 (C), 3(B), 1989)
A. 
Applications.
1. 
Any application for a development allotment shall be made in the form specified by the city manager and shall include all the information requested.
2. 
The application shall be accompanied by the application processing fee if set by the city council.
3. 
The date the application shall be deemed filed is the date the application is submitted and determined to be complete by the city manager in accordance with the criteria established in subdivision 1 of this subsection.
4. 
All complete applications filed before the date set by the city council for acting on an CIFP will be considered in the process of granting allotments. Any allotments remaining after the initial grant of allotments may be granted at a later time as part of the same CIFP.
B. 
Other Approvals. The granting of a development allotment pursuant to the procedures and provisions of this phasing plan shall not exempt nor affect the developer's obligation to obtain all required zoning, environmental, subdivision and other approvals as are required by statute or ordinance as a prerequisite to the application for building permits.
C. 
Vested Rights. With the exception of any rights granted in a development agreement, no rights to complete development will vest upon granting of a development allotment. The right to build a development project will not vest until a building permit has been issued for each dwelling unit, the foundation has been inspected and approved by the county building department, and substantial work has been done and substantial expenses incurred in reliance upon the building permit unless otherwise provided by a development agreement.
D. 
Appeals. The actions of the city manager pursuant to this chapter are appealable to the city council using the city's procedures for appeal of administrative officials' decisions in Title 17 of this code.
E. 
Judicial Review. Any legal action challenging any decision or action pursuant to this chapter must be filed in a court of competent jurisdiction within thirty days immediately following the action being challenged.
(Ord. 423 § 2, 1988)