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 CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: November 26, 2002

Subject/Title: Public Hearing-Subdivision Ordinance Amendment Requiring Concurrent 
Processing of Design Review and Residential Tentative Subdivision Map 
Applications 

Submitted by: Community Development (M. Oshinsky/M. Leana) 

Approved by: John Stevenson, City Manager



RECOMMENDATION
Waive the first reading and adopt an ordinance that would require the concurrent processing of a Design Review application whenever a residential tentative subdivision map is filed.

PREVIOUS ACTION
None

BACKGROUND
This requirement has been discussed by the Planning Commission several times over the past several years but prior legal counsels had always advised against it due to its potential adverse impact on property owners of smaller parcels. It was recently brought up for discussion by the Housing/RGMP subcommittee due to the benefits inherent in being able to review detailed house plans at the same time that lotting patterns are being reviewed on a tentative map; changes to the tentative map and/or the house design could be made immediately, saving time and cost, while achieving a better final product.

In order to address the "fairness" issue the Housing/RGMP subcommittee proposed two exemptions in the proposed ordinance change:

(1) projects of 15 lots or less, and 

(2) tentative maps where all of the proposed lots exceed 15,000 square feet. 

The first exemption would apply to smaller parcels (ie-at the Low Density residential category 15 lots would be a 5 acre parcel; 5 acres @ 3 du/ac.) and the second exemption is intended to not inhibit the creation of custom home lots. 

At its October 29, 2002, meeting the Planning Commission recommended unanimously that the City Council adopt the proposed ordinance change. 

The current Subdivision Ordinance requires the concurrent processing of design reviews for "vesting" tentative subdivision maps. If adopted, this proposed change will require it for all residential tentative subdivision maps except those falling under the exemption category. 

FISCAL IMPACT
None

Attachment
Proposed Ordinance 
Existing Chapter 16.050 
















































ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTER 16.050 OF THE BRENTWOOD MUNICIPAL CODE BY ADDING SECTION 16.050.015 RELATING TO CONCURRENT PROCESSING OF DESIGN REVIEW APPLICATIONS WITH TENTATIVE SUBDIVISION MAP APPLICATIONS.

WHEREAS, it is the desire of the City of Brentwood to improve upon the current residential design review process; and

WHEREAS, it is the desire of the City of Brentwood to insure that the creation of new residential lots provides housing compatible with adjacent developments; and

WHEREAS, it is the desire of the City of Brentwood to coordinate action on proposed residential development projects in an attempt to attain a better overall product; and

WHEREAS, concurrent processing of tentative map review and design review will improve the overall process and conserve resources; and

WHEREAS, the Planning Commission of the City of Brentwood has recommended approval of this ordinance by passing Resolution 02-75; and

WHEREAS, a public hearing notice was placed in the Antioch Ledger Dispatch on November 15, 2002, for this ordinance amendment as required by Government Code Section 65090 and City codes; and

WHEREAS, this ordinance amendment is not classified as a “project” under the California Environmental Quality Act (CEQA); and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed amendment on November 26, 2002 for the purpose of reviewing this amendment, the Planning Commission recommendation, and considered all public testimony with respect to the amendment; and

WHEREAS, the City Council of the City of Brentwood makes the following finding per the Brentwood Municipal Code associated with this amendment.

This amendment is consistent with the General Plan, is appropriate for the public interest and will not adversely affect the Brentwood community.

NOW THEREFORE, the City Council of the City of Brentwood ordains as follows:

Section 1. Chapter 16.050 is hereby amended by adding Section 16.050.015 as follows:

16.050.015 Concurrent Processing of Residential Tentative Subdivision Maps and Design Review:

Other than the exemptions as noted below, the filing of any residential tentative subdivision map shall require the concurrent filing and processing by the Community Development Department of a Design Review Application pursuant to Chapter 17.820 of the Brentwood Municipal Code, referred to as Design and Site Development Review:

1. Residential tentative subdivision maps creating 15 lots or less, and 

2. Residential tentative subdivision maps creating lots which are all greater than 15,000 square feet.

Section 2. 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.

THE FOREGOING ORDINANCE was introduced with first reading waived at a regular meeting of the Brentwood City Council on the 26th day of November, 2002 and adopted at a regular meeting of the Brentwood City Council on the ____ day of ______________, by the following vote:
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