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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: September 11, 2001

Subject: Public Hearing for the appeal of TSM 8281 for Currin/Martin Development, located north of the proposed New Sand Creek Road and east of Fairview Avenue.

Submitted by: Community Development Department (Oshinsky/Zilm)

Approved by: Jon Elam, City Manager

RECOMMENDATION

Pass Resolution No. ___ to uphold the Planning Commission approval and deny the appeal of Tentative Subdivision Map No. 8281.

PREVIOUS ACTION

None

BACKGROUND

On July 17, 2001 the Planning Commission held a public hearing to consider the application by Currin/Martin for a tentative subdivision map to allow for the subdivision of 44.03 acres into a total of 130 single family residential lots. The Commission voted 4 – 0 – 1 (Absent) to approve Tentative Subdivision Map No. 8281 with conditions. This action was appealed by Horace and Norrine Siino within the 14-day appeal period.

In the appeal letter, dated July 27, 2001, from Horace and Norrine Siino, they stated the reasons they deemed that the Planning Commission was in error approving Tentative Subdivision Map No. 8281. Following is a list of the appeal points and staff’s response to each point:

1. Appeal Point:

The approval of this tentative subdivision map violates the EIR standards in not having the roads in place, which affect its layout and is a requirement prior to approval.

Staff’s Response:

The map that the Planning Commission approved is proposed to have one entrance on the north side of the subdivision leading to Lone Tree Way, one stubbed street on the southwest potion of the subdivision for a future road that would tie into future development when it occurs to the west of this subdivision and one street on the northeastern side of the subdivision that is designed to align with any one of the alternatives that are being proposed for the future alignment of Fairview Avenue. Taking all of this into consideration staff feels that this approved subdivision does meet the goals and policies in the Circulation Element of the General Plan. A Mitigated Negative Declaration and a Traffic Study was done for the project and both found that the proposed roadways for the project would be adequate to serve the project. 

2. Appeal Point:

Lack of proper police and fire consideration.

Staff’s Response:

Recently the Mayor expressed concerns with subdivisions being approved without having the proper police and fire protection and wanted a special condition added to these approved maps stating that at the time of recordation of the Final Map, the applicant/developer shall comply with any City Council fire/emergency services programs established pursuant to the General Plan Safety Element, in order to provide such adequate services to the community. If the applicant/developer agreed to voluntarily add this condition to the already approved subdivision map, the Mayor’s concerns would be met and the project could move forward. Staff feels that since the applicant has agreed in writing to voluntarily add this condition to the conditions of approval for this tentative subdivision map there is no longer an issue concerning the lack of police or fire coverage.

If the City Council upholds the Planning Commission’s decision and denies the appeal, the project will be constructed as conditioned by the Planning Commission.

If the City Council overrules the Planning Commission’s decision and approves the appeal, staff will return at the next City Council meeting with a resolution and appropriate findings.

FISCAL IMPACT: None

Attachments:
1. Letter from Horace and Norrine Siino.
2. Signed letter from the applicant agreeing to add the fire protection condition.
3. Site Plan and Tentative Subdivision Map No. 8281
4. City Council Resolution No. ___ upholding the Planning Commission’s decision.
5. Planning Commission Resolution No. 01-22 with conditions of approval. 


“ATTACHMENT 4”

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO UPHOLD THE PLANNING COMMISSION’S APPROVAL AND DENY THE APPEAL, BY HORACE AND NORRINE SIINO, OF TENTATIVE SUBDIVISION MAP NO. 8281 TO SUBDIVIDE 44.03 ACRES INTO 130 SINGLE FAMILY RESIDENTIAL LOTS, LOCATED SOUTH OF LONE TREE WAY AND WEST OF FAIRVIEW AVENUE. 

WHEREAS, on July 17, 2001, the Planning Commission conducted a public hearing and approved Tentative Subdivision Map No. 8371 to allow for the subdivision of 44.03 acres into 130 single family residential lots, by passing Resolution No. 01-22;and

WHEREAS, on July 27, 2001, Horace and Norrine Siino appealed the Planning Commission decision to approve Tentative Subdivision Map No. 8281; and

WHEREAS, an Initial Study and Negative Declaration has been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and was considered as a part of the review and approval process. The Negative Declaration identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and those project measures were included in the project conditions of approval and would reduce the impacts identified to a less than significant level; and

WHEREAS, the City Council has held a public hearing and considered Horace and Norrine’s appeal, and all oral and written testimony presented at the September 11, 2001 Council meeting; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby adopt Resolution No. ____ upholding the Planning Commission’s approval of TSM No. 8281, and denying Horace and Norrine’s appeal, by making the following findings: 

1. The proposed development will create a well-composed urban design, harmoniously related to other facilities in the immediate area because it is in conformance with the City’s General Plan and Planned Development No. 35 (BMC. 17.485) guidelines as it relates to lot size and density. 

2. The design of the subdivision is not likely to cause serious health problems.

3. The discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.

4. Pursuant to Section 15168 ( c) and 15162 of the CEQA Guidelines, the Planning Commission found that the project was within the scope of the development levels evaluated in the Program EIR for the 1993 City of Brentwood General Plan. The Initial Study has further evaluated potential specific impact to the environment. Based upon this evidence and the Mitigated Negative Declaration, the Planning Commission found that the project will not have any significant environmental impacts that were not studied in the measures specified in the Program EIR to the project and imposed additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 General Plan are adequate for all approvals relating to the project. 

PASSED by the City Council of the City of Brentwood at its regular meeting on the 11th day of September, 2001, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:


_____________________________ 
Michael A. McPoland, Sr., Mayor

ATTEST:


_____________________________
Karen Diaz, City Clerk




PLANNING COMMISSION RESOLUTION NO. 01-22

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD RECOMMENDING THAT THE CITY COUNCIL AMEND PD-35 BY ADDING DEVELOPMENT STANDARDS FOR TENTATIVE SUBDIVISION MAP 8281, AND APPROVE TENTATIVE SUBDIVISION MAP NO. 8281, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SUBDIVISION OF 44.03 ACRES INTO A TOTAL OF 130 LOTS, LOCATED WEST OF FAIRVIEW AVENUE, SOUTH OF LONE TREE WAY (APN 019 060 025).

WHEREAS, the Planning Commission of the City of Brentwood has considered the amendment to PD-35, the proposed Tentative Subdivision Map No. 8281 with the Mitigated Declaration filed in accordance with Chapter 16.040 et seq. of the Brentwood Municipal Code; and

WHEREAS, project information was referred to various public utility companies, public districts and pertinent departments for review and recommendations; and

WHEREAS, an Initial Study and Negative Declaration has been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and is considered as a part of this review and approval process; and

WHEREAS, the Negative Declaration identifies potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these project measures are included in the project conditions of approval and will reduce the impacts identified to a less than significant level; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project and published in the Ledger-Dispatch on April 11, 2001, in accordance with City policies and Government Code 65090; and

WHEREAS, the Planning Commission has considered the staff report, Negative Declaration, supporting documents, public testimony, public testimony and all appropriate information that has been submitted with the proposed tentative map and makes the following findings:

1. The proposed tentative subdivision map, as conditioned, is in conformance with the City General Plan and Zoning Ordinance;

2. The site is physically suitable for the type and the density of development proposed;

3. The design of the subdivision is not likely to cause serious public health problems; and




4. The discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.

5. The proposed PD-35 amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

6. Pursuant to Section 15168 ( c ) and 15162 of the CEQA Guidelines, the Planning Commission finds that the project is within the scope of the development levels evaluated in the Program EIR prepared for the 1993 City of Brentwood General Plan. The Initial study has further evaluated potential project specific impact to the environment. Based upon this evidence and the Mitigated Negative Declaration, this Planning Commission finds that the project will not have any significant environmental impacts that were not studied in the measures specified in the Program EIR to the project and imposed additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 General Plan are adequate for all approvals relating to the project.

7. The Planning Commission further finds that no significant new information within the meaning of the Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City which would necessitate recirculation of the Mitigated Negative Declaration for further public review.

8. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment, and the Mitigated Negative Declaration reflects the Planning Commission’s independent judgement and analysis. 

NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Brentwood hereby takes the following action:

1. Adopts the mitigated Negative Declaration prepared for this project.

2. Directs City staff to file the Notice of Determination with the County Clerk.

3. Recommends that the City Council amend PD-35 by adding development standards for TSM 8281, attached to and made a part of this resolution.

4. Approves Tentative Subdivision Map No. 8281 effective only upon the date the applicant’s proposed amendment to PD-35 is effective, subject to those conditions, attached to and made a part of this resolution. 



NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby approves Tentative Subdivision Map No. 8281, dated July 6, 2001, subject to those conditions attached to and made a part of this resolution.

That this tentative subdivision map is valid for two years and will expire on July 17, 2003, unless a final map is recorded prior to that date, or a written extension is requested by the applicant and approved by the Planning Commission prior to the expiration date.

PASSED by the Planning Commission of the City of Brentwood on July 17, 2001, by the following vote:

AYES: Chairman Shipley, Commissioners Brockman, Kerchner and Mosser

NOES: None

ABSENT: Commissioner Padgett 

ABSTAIN: None

APPROVED:


____________________________
RAY SHIPLEY, CHAIRMAN

ATTEST:


___________________________________
MITCH OSHINSKY,
COMMUNITY DEVELOPMENT DIRECTOR 


PLANNING COMMISSION RESOLUTION NO. 01-22
CONDITIONS OF APPROVAL
FOR
TENTATIVE SUBDIVISION MAP 8281

ResponsibleDepartment/Agency 
CONDITIONS OF APPROVAL FOR TSM 82811. The Standard Conditions of Approval for Tentative Maps, dated January 2001, are hereby incorporated by reference and shall be complied with by the Developer, unless modified by any of the conditions below.OTHER CONDITIONS:2. The Developer shall dedicate right-of-way for Lone Tree Way to a half width of 82 feet from the center line of improvements along project frontage as and when required by the city Engineer.3. The Developer shall improve Lone Tree Way as an arterial street with full improvements on the south half (including an additional third lane), complete 16-foot wide median and one westbound lane on the north side of the median, prior to issuance of the 1st building permit or as a portion of the Northwest Quadrant CIFP at the discretion of the City Engineer. A portion of the cost of these improvements will be fee creditable per the City’s Development Fee Program.4. The Developer shall install complete irrigation system and landscaping in the median and parkway area along Lone Tree Way in the entire project frontage. The maintenance of these improvements and all street lighting shall be included into the Landscaping and Lighting District for this TSM.5. The Developer shall coordinate and dedicate necessary right-of-way for Fairview Avenue realignment as and when required by the City Engineer.6. If approved by the City Council, the Developer shall improve Fairview Avenue realignment from Lone Tree Way to where realignment meets existing Fairview Avenue improvements to the satisfaction of the City Engineer prior to issuance of the 26th building permit or as part of the Northwest Quadrant CIFP at the discretion of the City Engineer. Cost of off-site improvements will be fee creditable per the City’s Development Fee Program.7. The Developer shall install trail, irrigation system and landscaping in the areas of ECCID and EBMUD right-of-ways to the satisfaction of the Director of Parks and Recreation, ECCID and EBMUD prior to the issuance of the 67th building permit. A portion of the cost of these improvements will be fee creditable per the City’s Development Fee Program. Maintenance cost of these improvements shall be included into the Lighting and Landscaping District for this TSM.8. The Developer shall provide a trail connection from this development to the trail in EBMUD right-of-way east of Fairview Avenue to the satisfaction of the City Engineer and Director of Parks and Recreation prior to issuance of the 67th building permit.9. The location and alignment of “E” Street at its intersection with realigned Fairview Avenue shall be subject to the City’s Engineer’s approval.10. Prior to issuance of any building permit in Phase III, the developer shall provide additional access road connection to existing improvements. This can either be access south through Grant Street, easterly to Fairview Avenue, or westerly to Empire Avenue, acceptable to the City Engineer. This access shall be in addition to “H” Way at Lone Tree Way and “E” Street at realigned Fairview Avenue.11. Prior to issuance of any building permit in Phase III the developer shall provide additional water line loop connection easterly to existing water line in Fairview Avenue to the satisfaction of the City Engineer.12. The Developer shall revise the typical section of “H Way to show a 12 foot wide lane and a 5 foot graded dirt shoulder on west side (southbound). Also the developer shall design and coordinate grade, at “H” Way, with the existing driveways on the west side. 13. The Developer shall acquire all necessary right-of-way for “H” Way from properties located on the west side of “H” Way prior to any final map approval. All costs associated with this right-of-way acquisition shall be the developer’s responsibility. If the developer is unsuccessful in acquiring this right-of-way prior to final map, “H” Way shall be off-set easterly to be entirely on the developer’s property to the satisfaction of the City Engineer.14. The Developer shall construct DA – 30C Storm Drain Line A – 5 within the subdivision boundary and easterly to the proposed detention basin per DA – 30C plans and to the satisfaction of the Contra Costa County Flood Control and Water Conservation District and the City Engineer prior to issuance of any building permit south of Lots 23, 35, 40, 80, and 81. Cost of these improvements will be fee creditable or reimbursable as approved by CCCFC&WCD.15. The Developer shall acquire the necessary right-of-way and construct their fair share of detention basin to the satisfaction of CCCFC&WCD and the City Engineer prior to issuance of any building permit south of Lots 23, 35, 40, 80, and 81. Cost of these improvements and right-of-way acquisition will be fee creditable/reimbursable as approved by CCCFC&WCD.16. The Developer shall dedicate Parcels “A”, “B”, and “C” to the City on respective final maps. These parcels shall be improved to the satisfaction of the City Engineer and Director of Parks and Recreation. Maintenance of these parcels shall be included into the Landscaping and Lighting District for this TSM.17. The applicant shall install a masonry wall along the lots siding on to and abutting Lone Tree Way and the new alignment of Fairview Avenue. Said masonry wall shall start along the side yard of Lot 1 running along the rear yards of Lots 8-16 and terminating on the side yard of Lot 16. It should start again on the side yard of Lot 39 and run along the rear yards of Lots 39-42 terminating at the 30 foot offset for the rear property of Lot 42.18. The developer shall notify all purchasers of homes or lots, either through the Department of Real Estate Subdivision Report or if there is not a Subdivision Report through a statement signed by each buyer that the area west of this proposed subdivision is an agricultural area overlay, allowing for the keeping, raising and breeding of animals as well as ground and aerial applications of chemicals, and early morning or night time farming operations which may create noise and dust, etc. The Subdivision Report or statement shall include wording to notify residents of the Future Fairview Avenue Realignment, the PD-38 Industrial area located to the north and the presence of any petroleum pipelines located near and around this subdivision.19. At the time of recordation of the Final Map, the applicant/developer shall comply with any City Council conservation programs established pursuant to General Plan Conservation Element Policy 1.1.4 in order to mitigate the potentially significant impact of the proposed project on the loss of Prime Farmland.20. Developer shall send registered letters to all property owners easterly of and adjoining lots 41 through 47 and lots 94 through 98, asking if they desire and are willing to pay for sewer and water service to their property. Adjoining owners that respond affirmatively must pay the developer for cost of construction to extend sewer and/or water to their property line as well as pay the City sewer and water connection fees. These costs must be paid to receive service. The developer shall record private utility easements in favor of the adjoining owners requesting and paying for this service. Water meters will be installed in the City right-of-way in this subdivision’s most easterly north/south roads.21. The Developer shall pay the Habitat Conversation Fee prior to issuance of building permits. This fee shall be as established by the City Council.22. The Developer shall request the formation of a Habitat Conversation Maintenance District prior to recordation of the Final Map. Annual assessment shall be initially set at $50.00 per lot.23. “H” Way, as shown on the proposed tentative subdivision map, shall remain named “Windy Springs Lane”. 24. At the time of recordation of the Final Map, the Applicant/Developer shall comply with any City Council fire/emergency services programs established pursuant to the General Plan Safety Element, in order to provide such adequate services to the community. 


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