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Meeting Date: April 10, 2001

Subject/Title: Discussion for Direction on a Proposed Construction Noise Ordinance

Submitted by: Mitch Oshinsky, AICP, Community Development Director
Louis R. Kidwell, Chief Building Official

Approved by: Jon Elam, City Manager

Direct staff to proceed with an Ordinance amendment specifying hours during which construction noise will not be allowed. 

If Council wishes to proceed with this proposed Ordinance, the item will be noticed and brought to Public Hearing at the Brentwood City Council Meeting scheduled for May 8, 2001. 


For several years, in order to avoid disturbing the peace and quiet of adjacent residential homeowners, City Staff has worked to enforce a work hour limiting policy. This policy, when followed, restricted work hours for new home construction to 7:00 am – 7:00 pm Monday thru Friday, 9am –5:00 pm on Saturday and never on holidays and Sundays. In recent years this requirement was added to the Standard Conditions of Approval for all new tentative maps and lately this has been added to design review conditions. There are some older maps that are being built today that do not include this condition. This number is small, probably about 10%. 

City staff has had some success in enforcing this policy. However, recently, there have been several complaints concerning construction noise during normal rest hours. 

To provide an additional enforcement authority and consistency, staff would like to add a section to the Municipal Code prohibiting unnecessary construction noise. This section would indicate specific hours that construction noise may not occur and will be consistent with the hours indicated in the Standard Conditions of Approval for Residential Design Review, Section 14. This section would apply to all new construction in the City of Brentwood.

Brentwood Standard Conditions of Approval for Residential Design Review – Number 14



The Following Shall be Completed Prior to the Issuance of Building Permits

  1. The developer shall have paid all applicable connection fees and development fees in effect at the time the building permits are issued.

  2. Lots shall be finish graded and final grading inspection shall have been approved by the Building Department.

  3. Prior to issuance of a building permit for any structure, landscaping plans showing plantings and irrigation for the lot on which the structure is to be constructed shall be submitted to the Community Development and Parks and Recreation Departments. The plan shall provide for front yard landscaping between the structure and the front sidewalk and, for corner lots, between the sidewalk and the structure on the street side yard, except for sideyard areas behind an approved fence. All front yard and sideyard landscaping, as required, shall be installed prior to occupancy. Deviations of this requirement may be approved in accordance with the Inspection Services of the Parks & Recreation Department. All landscaping shall comply with the City’s Water Conservation Ordinance.

  4. All homes shall be constructed with raised, wood floors, post tension slabs, or structural slabs. A seven-inch (7”) transition step up onto a landing or porch with a minimum horizontal distance of three feet (3’) from the front door is to be provided. The express purpose is to create a raised entry area to the home and to visually “finish” any exposed foundation.

    The Following Shall be Completed before Occupancy

  5. Prior to final approval allowing occupancy of any new home, the physical condition of the subdivision and the lot where the home is located shall meet minimum health and safety standards and shall be serviced by, but not limited to, the following standards:

    a. The streets providing access to the home shall be completed in accordance with City standards to allow for safe ingress and egress of traffic.

    b. All traffic control striping and signage on streets providing access to the home shall be in place.

    c. All street name signs on streets providing access to the home shall be in place.

    d. All street lights on streets providing access to the home shall be located according to City standards and shall be fully installed and functioning.

    e. All street curb, gutter, sidewalk and driveway aprons which may create a hazard shall be fully repaired and non-hazardous conditions requiring repair, if not remedied to the satisfaction of the City prior to occupancy, shall be bonded for completion.

    f. The home shall have a back lighted illuminated house number.

    g. The lot shall be finish graded and the final grading inspection shall have been approved by the Building Division.

    h. All sewer clean outs, water meter boxes and other utility boxes shall be set to grade to the approval of the City.

    i. All sewer laterals and water service to each structure shall conform to minimum City Engineering specifications and shall be inspected by the City Engineering Department prior to being backfilled.

    j. The home shall have an embellished concrete driveway which provides access to the garage for a minimum distance of twenty feet (20’) behind the sidewalk and a concrete sidewalk to the front door which has cured sufficiently to allow use without damage or injury to the approval of the City.

    k. The home shall have received all necessary inspections and have final approval by the Building Division to allow occupancy.

    l. All fire hydrants required by the City or Fire District, in streets providing access to the home, shall be operable to City and Fire District standards.

    m. All streets providing access to the home shall be improved, to the approval of the City and Fire District, at an adequate width and condition which allows for proper access and circulation by fire fighting vehicles and apparatus.

  6. All residential units shall be provided with insulated roll-up garage doors with automatic openers.

  7. One street tree shall be provided for each lot within this subdivision. On corner lots, three street trees shall be provided. Street trees shall be: a) a species selected from the Brentwood Master Tree List, b) a minimum fifteen (15) gallon in size, and c) planted with branches above the average human eye level. The trees selected shall be deep rooted and drought tolerant. Location and species shall be approved by the City’s Community Development and Parks & Recreation Departments. 

  8. Any proposed monument sign at the tract entrance shall have obtained building permits to the satisfaction of the City’s Community Development Department and Traffic Engineer with regards to sight and distances issues. The design, construction detail and maintenance shall be reviewed and approved by the Parks & Recreation Department.

  9. CC&R’s, if any, shall preclude the parking of boats, trailers and recreational vehicles on public rights-of-way or between a building and a street in the front or sideyard setback.

    Other Conditions Required

  10. All site development and construction shall comply with the minimum standards of Federal Housing Administration (FHA) for FHA guaranteed loans and the minimum standards and requirements of the City of Brentwood. If there is a conflict between any FHA and City standard or requirement, the more restrictive requirement will take precedence.

  11. Air conditioning units shall be required for each residence. The preferred location is in the sideyard provided that three (3) feet of clear access is maintained between the unit and the sideyard fence.

  12. Raised wood trim or stucco wrapped foam trim shall be applied around all window, door and vent openings on the side and rear elevations. This trim shall be painted a contrasting color for interest. Additionally, eave details consistent with the front elevations shall be applied to all gable ends of the buildings whether a single story or two story. The two story structures shall incorporate a horizontal break on the side and rear elevations consisting of raised wood trim, stucco wrapped foam or other appropriate material to break up the large horizontal massing of the two story structure. When wood wrap is used on the front elevation it shall be extended to the perpendicular fence line and shall completely extend along the garage elevation to the front porch.

  13. The developer shall submit color samples for each model indicating no less than three individual color options per elevation scheme and a minimum of three roof color options for the tile roof to the Community Development Department for review and approval during Design Review. Minor modifications may be allowed if approved by the Community Development Department prior to the issuance of building permits.

  14. The developer shall restrict hours of work for home construction to 7am - 7pm Monday thru Friday, 9am - 5pm on Saturday and never on Sunday, unless otherwise approved, in writing, by the City’s Chief Building Official, 48 hours in advance of said work. 

  15. A minimum of ten percent of the lots shall have a side loading garage. Fifty percent of the corner lots and fifty percent of the lots backing up to or siding onto City arterial streets shall have single story houses on them. 
  16. Four-way intersections shall have a minimum of two single story plans.

  17. All sound walls shall be constructed with “graffiti proof” material with a final inspection by the Parks & Recreation Department.

  18. The developer shall make local and regional rideshare and transit information available to all home buyers.
  19. A different floor plan with 3 elevations for every 25 lots or portion thereof shall be provided within each phase of the subdivision. A single story shall be on a minimum of 25% of the lots. A minimum of 3 floor plans shall be provided.
  20. All second story windows visible from arterial streets shall have mullions or grids.
  21.  Floor plans should be placed on lots so that bathroom/bedroom/kitchen windows do not face each other.

  22. A minimum of 60% of the homes within a subdivision shall have glass inserts on the automatic roll-up garage doors.

  23. All homes shall have concrete tile roofs.

  24. Lot coverage shall not exceed 40% of the area of a lot.

  25. The developer is responsible for maintaining all landscaping within the public right of way, for a period of 90 days after the City acceptance of the landscaping improvements. One precondition to City acceptance is a 12-month guarantee for the plant materials. In the event of non-responsiveness from the developer within two weeks of notification by the Brentwood City Engineering or the Parks & Recreation Departments, corrective measures may be taken by the City to correct and plant material deficiencies. The costs incurred by the City shall be provided to the City by the developer’s guarantee and may include funds available from any developer funds being held by the City, such as plan check deposits, right of way deposits, or other accounts. In the event that insufficient funds exist in accounts held by the City, building permits may be withheld until such time as the developer deposits sufficient funds to reimburse the City for completing the corrective measures.

  26. Prior to issuance of the first building permit, including the model home complex, and immediately following sidewalk construction all street name signs and traffic control signs shall be installed. Signs shall be installed to the satisfaction of Chief Building Official and the City Engineer.

  27. All roof drains, downspouts and side and rear year drainage shall be connected to an underground system and conveyed to the street by using a minimum 3 inch diameter smooth- walled pipe.
  28. The project plans shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The project plans shall identify Best Management Practices (BMP’s) appropriate to the uses conducted on-site to effectively prohibit the entry of pollutants into storm water runoff. The project plans measures shall also include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system, in accordance with the regulations outlined in the ABAG Erosion and Sediment Control Handbook. The applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMP’s will result in the issuance of correction notices, citations or a project stop order.
  29. Any LLD created for the project shall be responsible for implementing storm water measures impacted by landscape maintenance and associated utilities and hardscape. The LLD shall also be responsible for the implementing current clean water requirements from RWQCB at all times. Landscaping shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use for fertilizers and pesticides, which can contribute to urban runoff pollution.
  30. The developer shall be required to install decorative streetlights throughout the subdivision in accordance with City standards and guidelines.
  31. All housing units developed on the project site shall include communication wiring that facilitates efficient personal computer operation to enable future residents to work from home, access services, or accomplish tasks thereby reducing auto trips and related mobile source emissions resulting from the project.
  32. The developer shall submit a job site security plan to the Brentwood Police Department for review at a pre-construction meeting and obtain police department approval prior to issuance of a grading permit, encroachment permit or issuance of any building permits. The security plan shall include a list of 24 hour contact numbers and shall require either on-site job security during off hours, or all tools, equipment and materials shall be removed from the job site after the normal working hours, or other measures acceptable to the Brentwood Chief of Police.
  33. The developer shall install cathodic protection measures for all buried pipelines per City Standards and as approved by the City Engineer.
  34. No residential construction will be allowed until the frontage street is complete with first lift of asphalt concrete and that street must be connected to an existing paved street.

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