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CITY COUNCIL AGENDA ITEM NO. 22

Meeting Date: May 28, 2002

Subject/Title: Amendment to Planned Development (PD) 35 to create development standards for Subarea “F” and approval of Tentative Subdivision Map 8557 with it's associated density transition exception.

Submitted by: Oshinsky/Hill 

Approved by: John Stevenson, City Manager


RECOMMENDATION

1. Introduce and waive the first reading of an Ordinance approving an amendment to Planned Development No. 35 by adding development standards for Subarea “F” (Tentative Subdivision Map 8557).

2. Pass a Resolution approving Tentative Subdivision Map 8557 and it's density transition exception and certifying the negative declaration for this project. 

PREVIOUS ACTION

The City Council approved, on July 14, 1998, the creation of Planned Development No. 35. 

BACKGROUND

This proposed development is for 28 lots with square footages above 8,000, which Council has encouraged for all low density properties within PD-35 east of the Highway 4 Bypass. The proposed development also includes a Parcel A for a 0.41 acre pocket park as well as a Parcel B for a pedestrian walkway. 

Schuler Homes would like to amend the PD standards to include Subarea “F” in order to establish development criteria for their project. The proposed standards are consistent with other developments of similar lot sizes in the area and are set forth below:

DEVELOPMENT STANDARDS FOR SUBAREA “F”

The amendment to PD-35 involves the addition of development standards to guide the development of Tentative Subdivision Map No. 8557. These development standards are summarized as follows:

Minimum Lot Area: 8,000 square feet
Minimum Lot Width: Seventy (70) feet
Minimum Lot Depth: One Hundred Ten (110) feet
Minimum Lot Frontage: One-half (1/2) the required lot width
Minimum Front Yard: Twenty (20) feet to the garage; fifteen (15) feet to any primary building wall.
Minimum Side Yard: Seven (7) feet; aggregate fifteen (15) feet. All corner lots shall maintain a minimum side yard on the street side of ten (10) feet.
Minimum Rear Yard: Twenty (20) feet

These proposed development standards are consistent with the development standards that were previously approved for Mission Peak Homes and the Currin-Martin Development, which were approved residential developments within PD-35 also with 8,000 square foot minimum lot sizes.

Due to the recent City Council approved change in the Density Transition Policy of the General Plan, all tentative maps with proposed lots smaller than 20,000 square feet abutting existing parcels of 1 acre or more and lots smaller than 10,000 square feet abutting existing parcels greater than 1/2 acre, but less than one acre, are subject to City Council review. This approved change in the density transition policy requires that the applicant obtain written authorization from all adjacent property owners stating that they are aware there will be smaller lots abutting their property. The applicant has done this by obtaining letters from the two adjacent property owners to the east and west and they are included with this staff report. The property to the north is the approved Mission Peak subdivision (TSM 8470), which has approved lot sizes of 8,000 square feet minimum. The property to the south is the Gursky property (TSM 8556), which Planning Commission approved with minimum 8,000 square foot sizes on May 7, 2002. 

IMPACT

None.


EXHIBITS:

A. City Council Ordinance No. ____ approving an amendment to PD-35 adding development standards for Subarea "F"
B. Planned Development No. 35 development standards for Subarea “F”
C. City Council Resolution No. ____ approving Tentative Subdivision Map 8557
D. Mitigated Negative Declaration for Tentative Subdivision Map 8557
E. Tentative Subdivision Map No. 8557
F. Letters from Jim Panagopoulos dated May 1, 2002, and from Cindi Brown dated May 16, 2002, stating they are aware that there will be smaller lots abutting their properties and that they have no objections to the smaller lot sizes 

EXHIBIT “A”

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 35 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA “F” WITHIN PD-35 LOCATED WEST OF FAIRVIEW AVENUE, NORTH OF APRICOT WAY AND SOUTH OF THE EBMUD AQUEDUCT. 

WHEREAS, the applicant has filed for an amendment of the development standards of his property to accommodate development for Tentative Subdivision Map 8557; and

WHEREAS, on May 7, 2002 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 02-21 which recommended the approval of the amendment to Planned Development No. 35 by adding development standards for Subarea “F”; and

WHEREAS, an Initial Study and Negative Declaration were prepared for Tentative Subdivision Map 8557 in accordance with the California Environmental Quality Act and was considered as a part of the review and approval process; and

WHEREAS, the Negative Declaration identified 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 legally advertised in the Ledger-Dispatch on April 17, 2002, and again on May 17, 2002, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; and

WHEREAS, the City Council of the City of Brentwood hereby finds that the proposed amendment will: 

1. Establish clear development standards for the uses permitted under the General Plan and the approved Tentative Subdivision Map No. 8557.

2. Provide standards resulting in development that is consistent and compatible with surrounding uses.

3. Provide for adequate public uses and private open space.

4. Generate a level of traffic that can be accommodated by the public circulation system, existing or planned.

5. Serve the housing needs of the City and the region and will not create a detrimental imbalance between the public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6).

6. That the proposed development will clearly result in a more desirable use of land and a better physical environment than would be possible under any single or combination of zones.

7. That the PD Zone proposed amendment is on property, which has suitable relationship to one or more thoroughfares; and that said thoroughfares are adequate to carry any traffic generated by the development.

8. That the plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility.

9. That the natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the development plan.

10. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City and will be in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s Community Development Plan, including all relevant Elements therefore, and with any applicable Specific Plan adopted by the City.

11. The City Council has reviewed and approved the Mitigated Negative Declaration prepared for this project and orders the filing of the Notice of Determination with the County Clerk.

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

13. The City Council 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. The Mitigated Negative Declaration has not undergone any reorganization on this account. The City Council has considered all verbal and written comments relating to the Mitigated Negative Declaration and finds no significant new information has arisen.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. The subject project is hereby zoned as Subarea “F” within Planned Development 35 for single-family residential units.

Section 2. Chapter 17.485 has hereby been amended for the purpose of regulating certain real property and establishing development standards for Subarea “F” for single-family residential units.

Section 3. Chapter 17.485 is hereby known as Planned Development 35 (PD-35).

Section 4. Amendments to Chapter 17.485 are hereby added to read as shown in Exhibit “B” attached hereto and made a part of this Ordinance.

Section 5. 

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing in the Ledger-Dispatch a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 6. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 28th day of May 2002 and adopted at a regular meeting of Brentwood City Council on the 11th day of June 2002, by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED
_____________________________ 
Michael A. McPoland, Sr., Mayor

ATTEST:

_____________________________
Karen Diaz, CMC, City Clerk



EXHIBIT "B"
ZONING ORDINANCE AMENDMENT
PLANNED DEVELOPMENT THIRTY-FIVE (PD-35)
SUBAREA F



SECTIONS:

17.485.032 Authority, Purpose and Intent
17.485.033 Permitted Uses
17.485.034 Conditionally Permitted Uses
17.485.035 General Development Standards

17.485.032 Authority, Purpose and Intent:

The authority, purpose and intent for the adoption of Planned Development Thirty-five (D-35) Subarea "F" Zone (see the attached Subarea map) are as follows:

A. Authority: PD-35 is adopted pursuant to the authority set forth in Chapter 17.450 Planned Development Zones, General Regulations.

B. Purpose: The purpose of the PD-35 Subarea "F" Zone is to permit and regulate the development of single family detached homes on the Sanborn Property in accordance with the Brentwood General Plan.

C. Intent: It is intended that in order to achieve the purpose of the PD-35 Subarea "F" Zone, the development of the Sanborn Property will be undertaken in accordance with the Brentwood General Plan as follows:

1. A maximum of 28 single-family homes will be developed on the property.

2. Lot sizes varying between 8,250 to 11,283 sq. ft. will be created.

17.485.033 Permitted Uses: 

The following uses are permitted in the PD-35 Subarea "F" Zone:

A. Those uses permitted under the R-1 Zone, Section 17.130.002.

17.485.034 Conditionally Permitted Uses: 

The following uses are conditionally permitted in the PD-35 Subarea "F" Zone:

A. Upon obtaining a Use Permit, those uses permitted under R-1 Zone, Section 17.130.003.


17.485.035 General Development Standards for Subarea "F" of PD-35: 

All permitted and conditionally permitted uses shall conform to the Development Standards set forth below:

1. Minimum Lot Area: 8,000 square feet

2. Minimum Lot Width: Seventy (70) feet

3. Minimum Lot Depth: One Hundred Ten (110) feet

4. Minimum Lot Frontage: One-half (1/2) the required lot width

5. Minimum Front Yard: Twenty (20) feet to the garage; twelve (12) feet to any primary building wall.

6. Minimum Side Yard: Five (5) feet; aggregate fifteen (15) feet. All corner lots shall maintain a minimum side yard on the street side of ten (10) feet.

7. Minimum Rear Yard: Twenty (20) feet

8. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.

9. Maximum Building Height: Thirty (30) feet and two (2) stories

10. Side Loading Garage: Ten (10) percent of the lots shall have side-loading garages.

11. A minimum of twenty-five (25) percent of the lots shall have single story units.

12. A minimum of fifty (50) percent of the corner lots shall have single story units.

13. Maximum Lot Coverage: Forty (40) percent


EXHIBIT "C"

CITY COUNCIL RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TENTATIVE SUBDIVISION MAP NO. 8557, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SUBDIVISION OF 9.27± ACRES INTO A TOTAL OF 28 SINGLE-FAMILY RESIDENTIAL LOTS, PARCEL A FOR A 0.41 ACRE PARK, AND PARCEL B FOR A PEDESTRIAN WALKWAY LOCATED WEST OF FAIRVIEW AVENUE, NORTH OF APRICOT WAY AND SOUTH OF THE FUTURE EXTENSION OF GRANT STREET (APN 019-091-034).

WHEREAS, the Planning Commission of the City of Brentwood has considered the amendment to PD-35, and the proposed Tentative Subdivision Map No. 8557 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 17, 2002, and on May 17, 2002, in accordance with City policies and Government Code 65090; and

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

1. The proposed tentative subdivision map 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 City Council 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 and the EIR prepared for the 2001 General Plan Update. 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 General Plan Program EIR and General Plan Update EIR to the project and imposed additional mitigation measures to supplement and strengthen these 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 and the EIR prepared for the General Plan Update are adequate for all approvals relating to the project.

7. The City Council 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 City Council's independent judgement and analysis. 

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

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

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

3. Approves Tentative Subdivision Map No. 8557 effective only upon the date the applicant’s proposed amendment to PD-35 is effective, subject to those conditions in Exhibit "A" attached to and made a part of this resolution.

NOW, THEREFORE, BE IT FURTHER RESOLVED that this tentative subdivision map is valid for two years and will expire on May 28, 2004, 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.

The above actions are final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within fourteen (14) calendar days following Planning Commission action.

PASSED by the City Council of the City of Brentwood on May 28, 2002, by the following vote:

AYES: 
NOES: 
ABSENT: 
ABSTAIN: 

APPROVED:

_____________________________ 
Michael A. McPoland, Sr., Mayor


ATTEST:

_____________________________
Karen Diaz, CMC, City Clerk



EXHIBIT A
CITY COUNCIL RESOLUTION NO. ______
CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP 8557


1. 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.2. The final map shall be substantially the same as the tentative subdivision map prepared by Carlson, Barbee & Gibson, Inc., date stamped January 23, 2002.3. The Final Map shall not be recorded until the City Council has reviewed and approved the Development Standards for Planning Area F of Planned Development No. 35. 4. The developer shall design and construct a 6' sound wall along their Grant Street and Apricot Way frontages and extending through the pedestrian walkway on Grant Street (Parcel "B"). Such wall shall be of the same design as that approved for TSM 8469/DR 01-07, the approved Centex project, and shall be submitted to the Community Development Department for review and approval as part of the design review application for this subdivision.5. Prior to approval of improvement plans, developer shall obtain all appropriate approvals for any work within the EBMUD right-of-way.6. Developer shall pay the Habitat Conservation Fee prior to issuance of building permits. This fee shall be as established by City Council.7. At the time of recordation of the final map, the developer shall comply with the City's agricultural preservation program in order to mitigate the potentially significant impact of the proposed project on the loss of Prime Farmland.8. The developer shall acquire the necessary right-of-way and construct Apricot Way to a minimum of 28-feet wide pavement section with 5-foot wide graded dirt shoulders from the easterly project boundary to Fairview Avenue to the satisfaction of the City Engineer. These improvements will be the developer’s financial responsibility and shall be complete and operational prior to the issuance of the first building permit.9. The developer shall dedicate in fee to the City of Brentwood, within 30 days of Planning Commission approval, the right-of-way for Apricot Way along the project’s frontage. The developer shall construct Apricot Way along the project’s frontage as a half width right-of-way street plus a 12-foot lane in the opposite direction to the satisfaction of the City Engineer. These improvements will be the developer’s financial responsibility and shall be complete and operational prior to the issuance of the first building permit.10. The developer shall relinquish all access rights along Apricot Way and the Grant Street extension to the City of Brentwood on the final map to the satisfaction of the City Engineer.11. The developer shall dedicate in fee to the City of Brentwood, within 30 days of Planning Commission approval, the right-of-way for the Grant Street extension to the satisfaction of the City Engineer.12. The developer shall install a complete irrigation system and landscaping in the median and parkway area along the project’s entire Apricot Way and Grant Street extension frontage. All improvements shall be to the satisfaction of the City Engineer and the Parks and Recreation Director. The maintenance of these improvements and the costs associated with the street lighting shall be included in the Landscaping and Lighting District for the TSM.13. Parcels “A” and "B" shall be dedicated in fee to the City of Brentwood on the final map. These parcels shall be improved to the satisfaction of the City Engineer and the Parks and Recreation Director, and the timing of these improvements shall be consistent with the Parks and Recreation Department’s conditions of approval contained herein and shall be to the satisfaction of the Parks and Recreation Director. Maintenance of these improvements shall be included in the Landscaping and Lighting District for the TSM.14. The developer shall acquire and dedicate in fee (if applicable) to the City of Brentwood, all necessary right-of-way and/or maintenance easements required for all City of Brentwood utilities (water, sewer, etc.) from the project to where they tie into the existing facilities. The right-of-way and/or maintenance easements shall be to the satisfaction of the City Engineer and shall be obtained prior to any plan approval.15. If and as required, the developer shall relocate East Contra Costa Irrigation District (ECCID) facilities to the satisfaction of the City Engineer and ECCID. This relocation shall be the financial responsibility of the developer.16. Developer shall annex into the Community Facilities District No. 2 prior to issuance of any building permits.17. The City of Brentwood will entertain a Benefit District for non-fee creditable off-site improvements constructed by the developer subject to the approval of the City Council. The developer must pay all applicable fees and costs associated with the formation of this district as outlined in Appendix L of the City of Brentwood Development Fee program.18. The developer shall provide a hydrology study and master drainage plan prepared by a registered Civil Engineer (State of California), including recommended drainage improvements consistent with the City’s Master Drainage Plan to the satisfaction of the City Engineer. As a part of, or in addition to, the developer shall also accept and address the drainage from upstream properties to the satisfaction of the City Engineer prior to any plan approvals. The subdivision’s master drainage plan shall show enough detail to address mitigation of impacts on existing agricultural uses or to conclusively show that there will be no impacts to the satisfaction of the City Engineer19. All water laterals to single family homes shall be 1-inch in diameter with 1-inch meters.20. A portion of the Master Plan Infrastructure constructed as a part of this development is fee creditable per the current Development Fee Program. Calculations of the exact fee credits will be prepared by the office of the City Engineer at the time of construction of this project. Those credits will be based on the then Development Fee Program as adopted by the City Council.21. The developer shall coordinate with property owners along the easterly and westerly property lines of this subdivision for any grading/fence work to the satisfaction of the City Engineer.22. The design of Apricot Way and the Grant Street extension improvements shall incorporate traffic calming features to the satisfaction of the City Engineer. These improvements will be the developer’s financial responsibility.23. The developer shall design and construct sanitary sewer lines across this project site to serve the upstream future projects. These sewer lines shall be sized per the City’s Master Plan and to the satisfaction of the City Engineer.24. Water lines in Apricot Way and the Grant Street extension shall be constructed per the City’s Water Master Plan prepared by Water Resource Associates. Any oversizing will be reimbursable.25. Developer shall provide a second access point to the nearest improved roadway prior to issuance of 26th building permit to the satisfaction of the City Engineer.26. Developer shall pay their fair share for the future traffic signal installation at the intersections of Empire Avenue and westerly extension of Grant Street, Empire Ave. and Apricot Way, and Fairview Avenue and Apricot Way prior to the approval of the first final map. If these improvements are later included in the Development Fee Program this payment shall be waived or shall be fee creditable to the extent they have already been paid by the developer as determined by the City Engineer.27. Developer shall pay the per unit fair share cost for Sub-Master Planned infrastructure constructed by others as outlined in the SPA L Benefit District Engineers Report. The current per unit cost is estimated to be $1,691.61 per residential dwelling unit and shall be paid prior to the approval of the first final map, or as otherwise approved by the City Engineer.28. Developer shall install a trail, irrigation system and landscaping in the area of the E.B.M.U.D. right-of-way to the satisfaction of the Director of Parks and Recreation and E.B.M.U.D. prior to issuance of the 14th 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.29. 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.30. Prior to the recordation of the Final Map the applicant/developer shall submit for City review a Biological Resources Assessment Report addressing the potential for any endangered species that might be located on the proposed project site.31. All parks, pocket parks, trails, street and open space landscape areas shall be designed by the developer to the satisfaction and approval of the Director of Parks and Recreation.32. Parcels A and B shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 15th building permit. Parcel A improvements will be fee creditable per the City’s Development Fee Program. Parcel B improvements are not fee creditable. 33. All trail, street and open space landscape areas shall be constructed and completed by the developer to the satisfaction to the Director of Parks and Recreation prior to the issuance of the 15th building permit.34. All parks, pocket parks, trails, street and open space landscape areas shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior the issuance of any building permit of any lot that is contiguous to the area.35. Any pocket parks, trails, street and open space landscape areas contiguous to the Model Homes shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior the issuance of the occupancy permit of any model home.36. The Developer shall install, or pay their fair share of trail, irrigation system and landscaping improvements in the EBMUD right-of-way, to the to the satisfaction of the Director of Parks and Recreation and EBMUD. A portion of the costs of these improvements will be fee creditable per the City’s Development Fee Program.37. All parks, pocket parks, trails, street and open space landscape areas shall be maintained by the developer until subdivision acceptance and maintained by the Lighting and Landscape District thereafter. 38. All hardscape surfaces for trails will be constructed concurrent with street improvements to the satisfaction of the City Engineer and Director of Parks and Recreation.39. 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 and submitted to the City, that the subdivision area is bounded by Grant Street on the north which has the potential of becoming a major east/west connector for the City of Brentwood and that an elementary school and park are proposed in the area.40. Lots 17, 20 and 25 shall be single-story units or shall provide a ten (10) foot minimum sideyard setback adjacent the rear yards of adjoining lots.