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 CITY COUNCIL AGENDA ITEM NO. 25


Meeting Date: October 8, 2002

Subject/Title: Public Hearing: A Rezone (RZ 01-08) of approximately 46 acres from a combination of R-1-E and R-1-10 to PD-60 with the adoption of specific development standards for the project site, and a Tentative Subdivision Map (TSM 8546) subdividing the site into 99 single-family residential lots and two remainder parcels for existing residences, located generally at the southwest corner of Lone Tree Way and the future O'Hara Avenue extension

Submitted by: Community Development Department (Mitch Oshinsky, Community Development Director/Erik Nolthenius, Associate Planner)

Approved by: John Stevenson, City Manager



RECOMMENDATION
1. Introduce and waive the first reading of an Ordinance approving RZ 01-08 with the adoption of specific development standards for the project site.
2. Pass a Resolution approving TSM 8546 and an exception to the density transition policy, and approving the Mitigated Negative Declaration for the project.

PREVIOUS ACTION
The Planning Commission recommended approval of RZ 01-08 and TSM 8546 at its meeting of August 20, 2002. The City Council originally considered the project at its meeting of September 10, 2002, but continued it to allow the Housing Sub-Committee an opportunity to review it.

BACKGROUND
At its meeting of August 20, 2002, the Planning Commission considered this request to rezone approximately 46 acres from a combination of R-1-E and R-1-10 to PD-60 with the adoption of specific development standards for the project site, and a tentative subdivision map subdividing the site into 99 single-family residential lots and two remainder parcels for existing residences. The site is generally located south of Lone Tree Way and west of the future O'Hara Avenue extension. At that meeting, the Commission passed Resolution No. 02-52 on a 3-2 vote recommending that the City Council approve the rezone and tentative subdivision map. Two Commissioners voted "no" because they did not agree with the revised aggregate side yard setback made as part of the motion. The applicants had originally proposed 15 feet, Staff had recommended that it be increased to 25 feet, and the motion revised it to 20 feet.

The only other point of discussion was the City's General Plan policy related to density transition. Due to the change in the policy made by the City Council earlier this year, any exceptions to the City General Plan Density Transition Policy require Council review. The change in the policy also requires the developer to make a good faith effort to acquire a letter from all neighboring and/or affected property owners outlining their position either in favor of or in opposition to the density transition exception. The proposed subdivision abuts 5 parcels along its east boundary that are larger than one acre in size, requiring that proposed lots facing or abutting those parcels be a minimum of 20,000 square feet in size. Prior to the Planning Commission meeting, letters were received from 2 of the 5 affected property owners indicating that they did not object to the proposed lot sizes. None of the 3 remaining affected property owners spoke at the meeting; however, the Commission was concerned that their positions had not been clearly identified. The applicants have since provided verification to Staff that a letter was sent to each of the 5 affected property owners explaining the density transition policy and requesting their opinion on the proposed lot sizes adjacent to their properties. Letters have been received from 4 of the 5 property owners to date, with the exception being the owner of the southern most property, adjacent to proposed Lots 97-99. Each of the letters received indicate that the respective property owners are in favor of the proposed lot sizes.

The development standards for the proposed subdivision, as recommended by the Planning Commission, are as follows:

• Minimum Lot Area: 10,000 square feet
• Minimum Lot Width: 80 feet
• Minimum Lot Depth: 100 feet
• Minimum Lot Frontage: 1/2 the required lot width
• Minimum Front Yard: 20 feet
• Minimum Side Yard: 10 feet
• Minimum Rear Yard: 20 feet

Based on the Initial Study prepared for this project, a Mitigated Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). A copy of the environmental document is attached to this report for the Council’s review. The applicants, Highland Partners Group, Inc. and Kiper Development, Inc. would like to receive approval of the rezone and tentative subdivision map in order to move forward with their residential development plans.

The General Plan designates the project site as a mix of Very Low Density Residential and Low Density Residential. The development standards recommended for approval by the Planning Commission are attached to Exhibit "A" of this report. These standards are in conformance with the General Plan.

ANALYSIS
Staff believes that the requested rezone and tentative subdivision map will allow the applicants to develop the site to its potential while maintaining consistency with the General Plan designations of the site and ensuring compatibility with existing and future land uses in the vicinity of the site. The Planning Commission and Staff believe that approval of the requested entitlements would serve to implement the goals and policies of the General Plan by facilitating development of the project site and will not adversely impact the development of adjacent parcels.

This project requires compliance with the City's density transition policy as previously referenced and as outlined in the General Plan. The policy was recently modified by the City Council to allow exceptions under certain circumstances after the adoption of specified findings. One of these circumstances is that the adjacent property has a land use and/or zoning designation that would enable the future subdivision of said property into lots of a size similar to those planned in the proposed subdivision. The area in question for the proposed subdivision is along its eastern boundary; where five existing parcels approximately 5 acres in size abut the subdivision. These parcels are also designated Low Density Residential by the General Plan and are zoned R-1-10, both of which would permit similar lot sizes to those being proposed in this subdivision. The following table shows a comparison between the subdivision as proposed and as modified if the Council requires 20,000 square foot lots adjacent to the 5-acre parcels.

PROPOSED MODIFIED
TOTAL ACREAGE 46.64 46.64
# OF LOTS AT MID-RANGE 103 103
TOTAL # OF LOTS 99 87
OVERALL DENSITY 2.12 1.87

As the table shows, the project as proposed is 4 lots below the mid-range (103 versus 99). This takes into account the exception to the density transition policy, as recommended by the Planning Commission. The table also shows that 12 of the 24 proposed lots adjacent to the 5-acre parcels would likely be lost, with the remaining 12 lots increased to a minimum of 20,000 square feet in size. This would result in a corresponding decrease in overall density, from 2.12 dwelling units per acre to 1.87 dwelling units per acre. The Housing Sub-Committee is scheduled to consider the project on October 3, 2002. Since the sub-committee meeting will take place after the preparation of this report, Staff will summarize the results to the Council at its meeting on October 8, 2002.

FISCAL IMPACT
None.

EXHIBITS
A. City Council Ordinance No. ___ approving Rezone No. 01-08 and adopting specific development standards for the project site
B. City Council Resolution No. ____ approving Tentative Subdivision Map No. 8546
C. Mitigated Negative Declaration for RZ 01-08 and TSM 8546
D. Letters received from adjacent property owners affected by the density transition policy





















EXHIBIT "A"

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE REZONE (RZ 01-08) OF APPROXIMATELY 46 ACRES FROM A COMBINATION OF R-1-E AND R-1-10 TO PD-60 WITH THE ADOPTION OF SPECIFIC DEVELOPMENT STANDARDS FOR THE PROJECT SITE, LOCATED GENERALLY AT THE SOUTHWEST CORNER OF LONE TREE WAY AND THE FUTURE O'HARA AVENUE EXTENSION (APN'S 018-090-015, 017, AND 018).

WHEREAS, Highland Partners Group, Inc. and Kiper Development, Inc. have requested that the City approve a rezone from R-1-E and R-1-10 to PD-60 with the adoption of specific development standards to accommodate the development of Tentative Subdivision Map No. 8546, located generally at the southwest corner of Lone Tree Way and the future O'Hara Avenue extension; and

WHEREAS, on August 20, 2002, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 02-52, which recommended approval of the rezone and specific development standards; and

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

WHEREAS, the Mitigated 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, the availability of said environmental document for the minimum 20-day public review and comment period was begun on July 5, 2002, and ended on July 24, 2002, and no comments were received during the review period; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Ledger-Dispatch on July 5, 2002, and again in the Contra Costa Times on August 31, 2002, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed rezone and specific development standards on September 10, 2002, and again on October 8, 2002, for the purpose of reviewing the application, considering the Planning Commission's action and considering all comments made by the public with respect to the requests; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the Planning Commission recommendation, the presentation by City Staff, the staff report, and all other pertinent goals, policies, regulations, and documents regarding the proposed rezone and specific development standards; and
WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.870.008 of the City Zoning Ordinance:

1. Specific development standards for the uses permitted under the General Plan and the approved Tentative Subdivision Map No. 8546 have been established; and

2. The development standards will result in development that is consistent and compatible with surrounding uses; and

3. The level of traffic to be generated can be accommodated by the public circulation system, both existing and planned; and

4. The project will 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); and

5. 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 zone or combination of zones; and

6. The proposed Planned Development Zone is on property which has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any traffic generated by the development; and

7. 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

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

9. The development of the subject property, in the manner proposed by the applicants, 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 thereof, and with any applicable Specific Plan adopted by the City; and

10. 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; and

11. Pursuant to Sections 15162 and 15168(c) 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. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on 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 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; and

12. The City Council further finds that no significant new information within the meaning of Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City that would necessitate re-circulation of the Mitigated Negative Declaration for public review. 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, BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:

Section 1.

The project site, as shown on Attachment "A" to this Ordinance, is hereby rezoned from a combination of R-1-E and R-1-10 to PD-60 for single-family residential development.

Section 2.

Chapter 17.515 has hereby been added to the Brentwood Municipal Code for the purpose of regulating certain real property and establishing development standards for PD-60.

Section 3.

Chapter 17.515 is hereby known as Planned Development No. 60 Zone.

Section 4.

Development standards for PD-60 are hereby included as shown in Attachment "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 a summary of the Ordinance prepared by the City Attorney in the Ledger-Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall go into effect 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 8th day of October 2002, and adopted at a regular meeting of the Brentwood City Council on the 22nd day of October 2002, by the following vote:



Attachments:
Attachment "A" - PD-60 Zone
Attachment "B" - PD-60 development standards

ATTACHMENT "A"

ATTACHMENT "B"


CHAPTER 17.515
PD-60 (PLANNED DEVELOPMENT NO. 60) ZONE

HIGHLAND PARTNERS GROUP, INC. & KIPER DEVELOPMENT, INC. (TSM 8546)

17.485.08 AUTHORITY, PURPOSE, AND INTENT
17.485.09 PERMITTED USES
17.485.10 CONDITIONALLY PERMITTED USES
17.485.11 GENERAL DEVELOPMENT STANDARDS

17.485.008 AUTHORITY, PURPOSE, AND INTENT:

The authority, purpose, and intent for the adoption of the PD-60 (Planned Development No. 60) Zone, as shown on Attachment "A", are as follows:

A. Authority: The PD-60 Zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. Purpose: The purpose of the PD-60 Zone is to permit and regulate the orderly development of 46.64 acres located generally at the southwest corner of Lone Tree Way and the future O'Hara Avenue extension with very low and low density residential uses in accordance with the Brentwood General Plan.

C. Intent: The intent of creating the PD-60 Zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties.

17.485.009 PERMITTED USES:

The following uses are permitted in the PD-60 Zone:

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

17.485.010 CONDITIONALLY PERMITTED USES:

Upon obtaining a Conditional Use Permit pursuant to Chapter 17.830, the following uses are permitted:

A. Those uses permitted under the R-1 Zone, Section 17.130.003.

17.485.011 GENERAL DEVELOPMENT STANDARDS:

All permitted and conditionally permitted uses developed within the PD-60 Zone shall comply with the following regulations:

A. Minimum Lot Size: 10,000 square feet.
B. Minimum Lot Width: 80 feet.

C. Minimum Lot Depth: 100 feet.

D. Minimum Lot Frontage: 1/2 the required lot width.

E. Minimum Front Yard Setback: 20 feet.

F. Minimum Side Yard Setback: 10 feet

G. Minimum Rear Yard Setback: 20 feet

H. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.
I. Maximum Building Height: 30 feet and 2 stories
J. Side Loading Garage: 10% of the lots shall have side-loading garages.
K. A minimum of 25% of the lots shall have single-story units.
L. 50% of the corner lots shall have single-story units.
M. Maximum Lot Coverage: 40%.































EXHIBIT "B"

CITY COUNCIL RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TENTATIVE SUBDIVISION MAP NO. 8546 TO ALLOW THE SUBDIVISION OF A 46.64-ACRE SITE INTO 99 LOTS FOR SINGLE-FAMILY RESIDENTIAL USE AND 5 REMAINDER PARCELS, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED GENERALLY AT THE SOUTHWEST CORNER OF LONE TREE WAY AND THE FUTURE O'HARA AVENUE EXTENSION (APN'S 018-090-015, 017, AND 018).

WHEREAS, Highland Partners Group, Inc. and Kiper Development, Inc. have requested that the City approve a rezone from R-1-E and R-1-10 to PD-60 and a tentative subdivision map to subdivide 46.64 acres into 99 single-family residential lots and related improvements located generally at the southwest corner of Lone Tree Way and the future O'Hara Avenue extension; and

WHEREAS, said tentative subdivision map was referred to various public utility companies, public districts, and pertinent City departments for review and recommendations; and

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

WHEREAS, the Mitigated 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, the availability of said environmental document for the minimum 20-day public review and comment period was begun on July 5, 2002, and ended on July 24, 2002, and no comments were received during the review period; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Ledger-Dispatch on July 5, 2002, and again in the Contra Costa Times on August 31, 2002, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on this project at its regular meeting of August 20, 2002, and passed Resolution No. 02-52 recommending approval of Tentative Subdivision Map No. 8546; and

WHEREAS, the City Council has considered the staff report, Mitigated Negative Declaration, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project and finds that:

13. The proposed tentative subdivision map is in conformance with the City General Plan and Zoning Ordinance; and
14. 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; and

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

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

17. The proposed rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA); and

18. Since the adjacent properties to the east (APN's 018-090-011, 012, 013, 019, and 020) are designated for Low Density Residential development and no correspondence has been received from the owners of said properties objecting to the design or lot sizes associated with the proposed subdivision, the intent of the Density Transition Policy as outlined in the City General Plan is being adhered to; and

19. The proposed subdivision complies with the modified Density Transition Policy in the General Plan in that adjacent properties affected are zoned to allow the creation of similar sized lots; and

20. The Mitigated Negative Declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental Quality Act (CEQA) and represents the independent judgment of the City of Brentwood; and

21. Pursuant to Sections 15162 and 15168(c) 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. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on 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 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; and

22. The City Council further finds that no significant new information within the meaning of Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City that would necessitate re-circulation of the Mitigated Negative Declaration for public review. 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, BE IT RESOLVED that the City Council of the City of Brentwood does hereby take the following actions:

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

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

3. Approves Tentative Subdivision Map No. 8546, effective only upon the date that Rezone No. 01-08 is effective, subject to the conditions of approval listed in Attachment "A", attached hereto and made a part of this resolution, and all City standards applicable to this project.

4. Approves the density transition from the required minimum 20,000 square foot lots to 10,000-plus square foot lots adjacent to APN's 018-090-011, 012, 013, 019, and 020 due to the fact that the referenced properties are designated and zoned for lot sizes similar to those in the proposed subdivision.

NOW, THEREFORE, BE IT FURTHER RESOLVED that this tentative subdivision map is valid for two years and will expire on October 8, 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.

PASSED by the City Council of the City of Brentwood at its regular meeting of October 8, 2002, by the following vote:



Attachments:
Attachment "A" - Conditions of approval for TSM 8546

ATTACHMENT "A" TO
CITY COUNCIL RESOLUTION NO. ____
CONDITIONS OF APPROVAL FOR
TENTATIVE SUBDIVISION MAP NO. 8546


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 in substantial compliance with Tentative Subdivision Map No. 8546 prepared by Carlson, Barbee & Gibson, Inc., date stamp received September 27, 2002.

3. At the time of recordation of the Final Map, the applicant/developer shall pay the adopted agricultural mitigation fee.

4. The developer shall enter into an agreement with ECCID for (1) the replacement of the District's Lateral 6 North pipeline and related facilities, and (2) the transfer of right-of-way interests to accommodate the development and the relocation of the District's facilities. All work shall be done to the satisfaction of the City Engineer and ECCID and shall be the financial responsibility of the developer.

5. Any abandoned on-site wells and septic systems shall be destroyed in accordance with the Contra Costa County Health Services Department. All necessary permits and inspections for this work shall be obtained.

6. The following lots shall either be plotted with single-story homes or maintain a minimum side-yard setback of 10 feet adjacent to the rear yard of abutting lots, to be addressed at the Design Review stage of the project: 23, 38, 54, 58, 73, 80, 82, 92, and 97.

7. At the time of recordation of the final map, the 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.

8. 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.

9. All parks, pocket parks, trails, street and open space landscape areas shall be designed and built by the developer to the satisfaction and approval of the Director of Parks and Recreation.

10. Parcels A, B and C shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 50th building permit. 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.
11. Parcels A, B and C will be maintained by the Developer at the Developer’s expense until subdivision acceptance. After subdivision acceptance, these areas will be maintained by the Lighting and Landscaping District for this TSM.

12. All trees will be selected and planted as per the City’s Urban Forest Guidelines.

13. Developer shall dedicate right-of-way for Lone Tree Way to a half width of 82-feet from the centerline of improvements along the project’s frontage as and when required by the City Engineer.

14. The developer shall design and construct Lone Tree Way as an arterial street with full improvements on the south side (including an additional third lane), a complete 16-foot wide median, and one westbound lane on the north side of the median. The improvements shall be along the project’s frontage and the portion of Lone Tree Way, Cooper property, APN 018-080-013, to be improved as a part of the Lone Tree Way improvements. These improvements shall conform back to the existing pavement section to the east at a distance sufficient to allow for full intersection improvements for “A” Street and Lone Tree Way. All improvements shall be to the satisfaction of the City Engineer and shall be completed prior to issuance of the 1st building permit. A portion of the cost of these improvements (most of the Cooper property right-of-way and improvements) will be fee creditable per the City’s Development Fee Program.

15. The developer shall design and construct a traffic signal on Lone Tree Way at the intersection of “A” Street and Lone Tree Way to the satisfaction of the City Engineer prior to issuance of the 26th building permit. The design and construction of this facility will be the developer’s financial responsibility.

16. The developer shall install a complete irrigation system and landscaping in the median and parkway area along the entire Lone Tree Way improvements. These improvements shall be to the satisfaction of the City Engineer and the Parks and Recreation Director and will be fee creditable pursuant to the current Development Fee Program. The maintenance of these improvements and the costs associated with the street lighting shall be included in the Landscaping and Lighting District for this development.

17. Parcels “A”, “B” and “C” shall be dedicated in fee to the City of Brentwood on the final map. The 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. The developer shall be eligible for credits against the Park Fee for the cost of acquisition and improvements of Parcel “B”, trail improvements in Parcel “C” and the over sizing portion of the trail from Parcel “C” to Lone Tree Way. Maintenance of these improvements shall be included in the Landscaping and Lighting District for this development.

18. The developer shall acquire and dedicate, in fee, to the City of Brentwood, all necessary right-of-way and/or maintenance easements required for O’Hara Avenue from the southerly property line of Lot 47 to where they tie into the existing facilities located in Lone Tree Way. The right-of-way shall be to the satisfaction of the City Engineer and shall be obtained prior to improvement plan approval.

19. If it is determined that project will impact existing agricultural uses, construction of necessary mitigation measures are the financial responsibility of the developer and the maintenance of these improvements will be the developer’s financial responsibility until the City formally accepts these improvements. Additionally, developer shall bear the financial responsibility of, and shall dedicate to the City, agricultural runoff control easements, as needed, and may be required to financially support the maintenance of said facilities.

20. Developer shall pay the Habitat Conservation Fee prior to issuance of building permits. This fee shall be as established by the City Council.

21. The design of street improvements shall incorporate traffic calming features around the neighborhood park to the satisfaction of the City Engineer. These improvements will be the developer’s financial responsibility.

22. 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 Engineer.

23. Regional and Sub-Regional Drainage fees for Drainage Area 30C shall be paid in an amount acceptable to The Contra Costa County Flood Control and Water Conservation District and the City Engineer prior to final map approval. The developer may be entitled to fee credits for off-site storm drain work pursuant to Contra Costa Flood Control policy.

24. The developer shall install traffic signal interconnect conduit along the entire Lone Tree Way and O’Hara Avenue improvements to connect the signals, existing or to be constructed, along Lone Tree Way and O’Hara Avenue to the satisfaction of the City Engineer.

25. All water laterals to single family homes shall be 1-inch in diameter with 1-inch meters.

26. 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. Credits will be based on the Development Fee Program in effect at the time of fee credit calculation as adopted by the City Council.

27. The developer shall coordinate with property owners along the entire boundary of this subdivision for any grading/fence work to the satisfaction of the City Engineer.

28. The developer shall construct O’Hara Avenue along the easterly project frontage including its northerly extension to Lone Tree Way. These improvements shall be constructed to the satisfaction of the City Engineer and shall be completed prior to issuance of the 26th building permit. A portion of these improvements (excluding 28-foot wide AC pavement for off-site and developer’s obligation for project frontage) will be fee creditable pursuant to the current Development Fee program.

29. Developer shall provide necessary documents for dedication of a 15-foot wide easement along Contra Costa County Flood Control Channel to the satisfaction of the City Engineer concurrent with the first final map. Developer shall also provide a vehicular access (14-foot wide) from “G” Street/Court.

30. Developer shall modify the existing traffic signal at Lone Tree Way and O’Hara Avenue and relocate the necessary appurtenances to the satisfaction of the City Engineer concurrent with O’Hara Avenue improvements.

31. Developer shall relinquish all access rights along project’s Lone Tree Way and O’Hara Avenue frontage, except one existing driveway each for Parcels “D” & “E” which shall be restricted to right in and right out only.

32. Developer shall dedicate additional right-of-way, and provide pedestrian access to O’Hara Avenue from Parcel “E” and Lot 47 at the end of the cul-de-sac/”F” Court on the final map.

33. Developer shall coordinate the design and construction of Lone Tree Way and “A” Street intersection improvements with subdivision 8561 development to the satisfaction of the City Engineer.

34. All private easements shall be either abandoned or relocated to avoid any conflicts prior to final map approval to the satisfaction of the City Engineer.

35. Developer shall notify the surrounding property owners around “E” Street, “H” Street and “I” Street about future extensions of these streets by proper signage and document recordings to the satisfaction of the City Engineer.

36. Developer shall dedicate necessary southerly portion of lot 99 as an additional right-of-way for future street/channel bridge crossing to the satisfaction of the City Engineer on the final map.

37. Developer shall install sewer, water and any other master planned facilities in O’Hara Avenue to the satisfaction of the City Engineer concurrent with O’Hara Avenue improvements.

38. Developer shall construct and provide sewer and water service connections to the existing residents on Parcels “D” and “E” concurrent with the street improvements.
39. Developer shall construct a decorative fence along the Contra Costa County Flood Control Channel to the satisfaction of the City Engineer and the Parks and Recreation Director.

40. Developer shall be responsible for acquiring and dedicating, in fee, the necessary right-of-way to the City of Brentwood for the storm drain across Madrid Property (APN 018-090-012) prior to any improvement plans. This right-of-way shall be the developer’s financial responsibility. If developer is unsuccessful in acquiring this dedication, then developer shall redesign the storm drain system through the project site to the satisfaction of the City Engineer.

41. The developer shall be responsible for installing storm drain line C-3 along Lone Tree Way within the current right-of-way. If this storm drain conflicts with existing or proposed utilities or does not physically fit within the existing Lone Tree Way right-of-way the developer shall be responsible for acquiring and dedicating any additional right-of-way to construct line C-3 at his sole cost. This shall be done prior to improvement plan approval and may be fee creditable pursuant to Contra Costa County Flood Control and shall be to the satisfaction of the City Engineer.

42. Developer shall annex into Community Facilities District #2 to fund fire, emergency medical and public safely personnel, open space maintenance and operations, and flood and storm drain services prior to final map approval.

43. The disclosure notice to prospective buyers within this subdivision shall include, but not be limited to, the following wording subject to the approval of the Community Development Department:

• The Union Pacific Railroad tracks are located directly west of the subdivision, which may result in periodic noise impacts

• Lone Tree Way will be widened to 6 lanes in the vicinity of the project

• O'Hara Avenue will be widened to 4 lanes in the vicinity of the project

• The City of Brentwood has a right-to-farm ordinance, and adjacent properties have an agricultural overlay zone and are involved with agricultural operations and the keeping of farm animals

• Stub streets may be extended out to Lone Tree Way and O'Hara Avenue, respectively

44. The following conditions are mitigation measures taken from the Mitigated Negative Declaration:

a. In conjunction with development of the proposed project, the Applicant/Developer shall shield all on-site lighting so that it is directed within the project site and does not illuminate adjacent properties or public rights-of-way. A Street Lighting Plan shall be approved by the Engineering Department in conjunction with approval of improvement plans. The shielded light fixtures shall be reviewed and approved by the Community Development Department in conjunction with the approval of improvement plans.
b. Prior to the issuance of a grading permit, the Applicant/Developer shall prepare an Erosion Prevention and Dust Control Plan. The plan shall be followed by the project’s grading contractor and submitted to the Public Works Department, which will be responsible for field verification of the plan during construction. The plan shall comply with the City’s grading ordinance and shall include the following control measures and other measures deemed by the Public Works Department to be necessary for the proposed project:

a. A graveled track at project entryways to remove mud and dirt from vehicles leaving the site shall be provided.
b. Water (or an acceptable soil binder chemical) shall be applied to all disturbed earth surfaces (including earth roads and soil stockpiles). Surface material shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur twice per day with complete coverage, preferably in the late morning and at the completion of work for the day.
c. Permanent soil stabilization measures shall be implemented throughout each phase of construction prior to commencement of grading on successive phases.
d. All clearing, grading, earthmoving, and excavation shall stop during periods of high winds greater than 20 mph over one hour.
e. All material transported off-site shall either be sufficiently watered or securely covered to prevent escape of dust and debris.
f. On-site vehicle speed shall be limited to 15 mph.
g. During rough grading and construction, adjacent public and private roads shall be swept once per day, or as required by the City, to remove silt and construction debris.
h. Unnecessary idling of construction equipment shall be avoided.
i. Equipment engines shall be maintained in proper working condition per manufacturers’ specifications.
j. During periods of heavier air pollution (May to October), the construction period shall be lengthened to minimize the amount of equipment operating at one time.

c. Prior to the issuance of a grading permit or the approval of improvement plans, the applicant/developer shall conduct a pre-construction survey by a qualified biologist for protected species on the site. The survey shall be submitted to the Community Development Department and the California Department of Fish and Game (CDFG) for review and approval. Should any protected species be discovered, appropriate protective mitigation measures shall be incorporated to the satisfaction of the Community Development Director and the CDFG. Mitigation measures could include avoidance of species, relocation of species, or modification to the construction schedule.
d. Prior to the issuance of a grading permit, the applicant shall submit a grading plan to the City Engineer for approval. If the grading plan differs significantly from the proposed grading illustrated on the approved tentative subdivision map, a tentative map that is consistent with the new revised grading plan shall be provided for review and approval by the City Engineer.
e. During construction, the applicant shall not leave disturbed areas not actively under construction exposed during the rainy season.
f. No grading, soil disturbance, or compaction shall occur during periods of rain or on ground that contains free water. Soil that has been soaked and wetted by rain or any other cause shall not be compacted until completely drained and until the moisture content is within the limits approved by the Soil Engineer. Approval by the Soil Engineer shall be obtained prior to continuing grading operations.
g. Prior to the demolition of any structure(s) within the project site, the project proponent shall conduct an asbestos survey. If the survey reveals asbestos within the structure(s), the project proponent shall prepare an asbestos abatement plan for the review and approval of the Chief Building Official prior to the issuance of a demolition permit for the structure(s).
h. Design of both the on-site and downstream drainage facilities shall meet with the approval of both the City Engineer and the Contra Costa County Flood Control & Water Conservation District prior to the issuance of grading permits.
i. The construction plans shall indicate roof drains emptying into a pipe leading out to the street for the review and approval of the City Engineer prior to the issuance of building permits.
j. The improvement plans shall indicate concentrated drainage flows not crossing sidewalks or driveways for the review and approval of the City Engineer prior to the issuance of grading permits.
k. The Applicant/Developer shall ensure that each lot or parcel shall drain into a street, public drain, or approved private drain in such a manner that there will be no undrained depression. Satisfaction of this measure shall be subject to the approval of the City Engineer.
l. Construction activities shall be limited to the hours set forth below:

Heavy Equipment Monday-Friday 7:00 AM to 3:30 PM
Saturday 9:00 AM to 3:30 PM
Light Carpentry Monday-Friday 7:00 AM to 7:00 PM
Saturday 8:00 AM to 4:00 PM

Construction shall be prohibited on Sundays and City holidays. These criteria shall be included in the grading plan submitted by the Applicant/Developer for review and approval of the Community Development Director prior to issuance of grading permits. Exceptions to allow expanded construction activities shall be reviewed on a case-by-case basis as determined by the Chief Building Official and/or City Engineer.
m. All construction equipment shall use properly operating mufflers, and no combustion equipment such as pumps or generators shall be allowed to operate within 500 feet of any occupied residence during construction hours, unless the equipment is surrounded by a noise protection barrier. These criteria shall be included in the grading plan submitted by the Applicant/Developer for review and approval of the Community Development Director prior to issuance of grading permits.
n. Prior to the issuance of building permits, the Applicant/Developer shall participate in a Capital Improvement Financing Program.
o. The Police Department shall review the design plans for this project prior to the issuance of building permits in order to ensure that the site plan incorporates appropriate crime prevention features.
p. Prior to the issuance of building permits, the Applicant/Developer shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the East Diablo Fire Protection District (EDFPD). The Chief Building Official shall review the building plans to ensure compliance.
q. Prior to the issuance of building permits, the Applicant/Developer shall provide an adequate and reliable water supply for fire protection with a minimum fire flow of 2,000 gallons per minute (GPM). The required fire flow shall be delivered from not more than two fire hydrants flowing simultaneously while maintaining 20 pounds of residual pressure in the main. The City Engineer shall ensure the minimum fire flow requirements are satisfied.
r. Prior to approval of any Final Map, the Applicant/Developer shall provide the number and type of hydrants called for by the EDFPD. Hydrant locations will be determined by the EDFPD prior to the issuance of encroachment and/or building permits.
s. Prior to commencing construction, the Applicant/Developer shall provide access roadways having all-weather driving surfaces of not less than 20' of unobstructed width, and not less than 13'6" of vertical clearance, to within 150' of travel distance to all portions of the exterior walls of every building. Access roads shall not exceed 16% grade, shall have a minimum outside turning radius of 42', and must be capable of supporting imposed loads of fire apparatus (31 tons). The City Engineer shall ensure compliance.
t. Prior to the issuance of encroachment and/or building permits for improvements, the Applicant/Developer (and all subsequent property owners/homeowners) shall submit plans and specifications to the East Diablo Fire Protection District and the City Engineer for review and approval in accordance with codes, regulations, and ordinances administered by the East Diablo Fire Protection District and the State Fire Marshal’s office.
u. 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.
v. Prior to the issuance of a building permit, the Applicant/Developer shall submit to the Community Development Department written proof from the Liberty Union High School District and the Brentwood Union School District indicating that appropriate school mitigation fees have been paid.
w. The Applicant/Developer shall pay applicable thoroughfare facility fees (plus any annual increase) in effect at the time of building permit issuance and shall participate in the City’s Capital Improvement Financing Plan (CIFP) to finance necessary roadway infrastructure. In addition, this specific project may be conditioned to pay their fair share of other off-site improvements that are outside the parameters of the CIP.
x. The Applicant/Developer shall be required to connect to the existing Brentwood utility network as well as pay all applicable fees in effect in order to ensure adequate capacity to serve the proposed project, at the time of building permit issuance. Improvement plans indicating conformance to City of Brentwood Standards shall be prepared, submitted, and approved by the City Engineer prior to the issuance of encroachment permits for this project.

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov