City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas

CITY COUNCIL AGENDA ITEM NO. 26

Meeting Date: August 12, 2003

Subject/Title: Public Hearing: Consideration of an appeal of the Planning Commission’s recommendation regarding the Cedarwood project; an amendment to PD-45 establishing development standards for the 54.69-acre site; and a Tentative Subdivision Map (TSM 8534) subdividing the site into 177 single-family residential lots, two park sites, and a 1.54-acre site for a women’s and children’s shelter, located on the north side of Sycamore Avenue, on either side of the future Garin Parkway extension.

Submitted by: Community Development: M. Oshinsky/E. Nolthenius

Approved by: John Stevenson, City Manager

RECOMMENDATION
The Planning Commission and staff recommend that the Council:
1. Deny the appeal; and
2. Pass a Resolution approving the Mitigated Negative Declaration for the project, approving TSM 8534 with an exception to the density transition policy, and reaffirming the Planning Commission’s approval of DR 02-33; and
3. Introduce and waive the first reading of an Ordinance approving the amendment to PD-45 establishing development standards for the project site.

PREVIOUS ACTION
The City Council created PD-45 as a “shell” PD in conjunction with the General Plan Update in November of 2001. The Council approved a Residential Growth Management Program (RGMP) allocation for 177 dwelling units at its meeting of October 22, 2002. The Planning Commission recommended approval of the amendment to PD-45 and TSM 8534 at its meeting of July 1, 2003. An appeal of the Planning Commission’s recommendation was filed by Mr. Richard G. Bates, Jr., on July 10, 2003. This item was originally scheduled to be heard by the City Council at its meeting of July 22, 2003, but was continued to August 12, 2003, so that it could be heard in conjunction with the appeal.

BACKGROUND
At its meeting of July 1, 2003, the Planning Commission considered this request to amend PD-45 establishing development standards for a 54.69-acre site, a tentative subdivision map subdividing the site into 177 single-family residential lots and five remainder parcels, including two park sites and a 1.54-acre site for a women’s and children’s shelter, a design review for said 177 lots, and a Mitigated Negative Declaration. The site is located on the north side of Sycamore Avenue, on either side of the future Garin Parkway extension, as shown on the attached maps. At that meeting, the Commission passed Resolution No. 03-45 on a 4-0 vote recommending that the City Council approve the amendment to PD-45 and passed Resolution No. 03-46 on a 4-0 vote recommending that the City Council approve the tentative subdivision map.

An appeal of the Planning Commission’s recommendation was subsequently filed by Mr. Richard G. Bates, Jr., on July 10, 2003. The appeal is based on six points that are outlined in a letter from Mr. Bates dated July 9, 2003 (attached). Staff’s response to the appeal points are detailed below.

This project requires compliance with the City's General Plan policy related to density transition. Due to the change in the policy made by the City Council in April of 2002, all tentative subdivision maps with proposed lots smaller than 20,000 square feet abutting existing parcels of one acre or more are subject to 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 transition.

The proposed subdivision abuts two parcels, one each along its north and east boundaries 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. No letter was received from either of the affected property owners prior to the Planning Commission meeting. The applicant has since provided verification to Staff that a letter was sent to both of the affected property owners explaining the density transition policy and requesting their opinion on the proposed lot sizes adjacent to the affected properties.

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

• Minimum Lot Area: 7,000 square feet
• Minimum Lot Width: 65 feet
• Minimum Lot Depth: 85 feet
• Minimum Lot Frontage: 24 feet
• Minimum Front Yard: 20 feet to front-loading garages, 15 feet to side-loading garages
• Minimum Side Yard: 5 feet, with an aggregate of 15 feet
• Minimum Rear Yard: 20 feet
• Maximum Lot Coverage: 40% for two-story homes and 45% for single-story homes

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 this document is available for the Council’s review in the City Clerk’s reading file as well as in the Community Development Department.

The General Plan designates the project site Low Density Residential, with a density range between 1.1 and 5.0 dwelling units per acre (du/ac), and a mid-range of 3.0 du/ac. The applicant is proposing a density slightly above the mid-range, at 3.2 du/ac, which equates to an additional 13 dwelling units. The fact that the density of the project exceeds the mid-range was taken into consideration during evaluation of the RGMP allocation. The Council determined at that time that the amenities provided by the project, including the applicant would be providing more park acreage than would normally be required, affordable/special housing needs, energy efficiency, job generation, in-fill development, design quality, and fulfilling development priority, warranted the higher density. The development standards recommended for approval by the Planning Commission are included in the Ordinance attached to this report. These standards are in conformance with the General Plan.

APPEAL
Mr. Bates has appealed the Planning Commission’s recommendation regarding the Mitigated Negative Declaration, Tentative Subdivision Map 8534, and the amendment to PD-45, based upon his opinion that the traffic study prepared for this project is inadequate, in that it does not take into account the additional traffic flow and trips generated by the proposed residential group home in the surrounding area and its effects at all hours of the day. Staff’s response to the first two appeal points raised by Mr. Bates is that a supplemental analysis has been provided to the City by the project traffic consultant (Bucher, Willis & Ratliff Corporation – see attached) which indicates that the proposed group home will not generate any significant traffic impacts. It should be noted that the traffic study prepared for this project analyzed a total of 178 single-family residential dwelling units, in effect counting the group home as a unit, along with the 177 other units. Based on the information provided to the consultant regarding the size of the facility, the number of employees, and the number of beds in the facility, it is projected that there will be a maximum of 22 additional trips during the a.m. and p.m. peak hours (4 employees plus 18 residents). It should be noted that this is an absolute worst-case scenario, since the employees will typically work different shifts and not all of the residents will drive. Any increase in traffic as a result of the facility is anticipated to be insignificant and will not have any significant impacts.

The third appeal point indicates that the Mitigated Negative Declaration prepared for the project fails to properly identify and detail the true environmental effects of the proposed group home and in effect misidentifies the home as a residential unit. Mr. Bates goes on to allege that the true nature of the facility is more that of a business, inn, or health care clinic, with traffic generation and office staff, which are more consistent with and of the nature of a commercial establishment, business organization, or health care provider than a residence. Staff’s response is that while there will be employees at the facility, as required by the nature of the services that are to be provided, it is in fact a residential group home. Staff further points out that these types of facilities are defined in the Brentwood Zoning Ordinance under the heading “Residential Facility” and are permitted in residential zoning districts. Again, the potential environmental effects of this project have been studied in the MND and additional traffic analysis, and there will be no unmitigated significant impacts.

The fourth appeal point indicates that, in light of the third appeal point, the Planning Commission abused its discretion in recommending approval of the project, as the proposed group home is inconsistent with and conflicts with the zoning prevalent in the area, as the purposes and activities associated with the home are inconsistent with the present zoning classification of low density residential. Staff’s response is that the General Plan designates the site for Low Density Residential development, and the proposed group home is consistent with that designation, in that it is in fact a residential use. Staff would like to clarify that the project site is currently zoned PD-45 (Planned Development No. 45), which is a “shell” PD, in that there are no development standards in place to regulate development of the site. Part of this project then includes creating development standards tailored specifically for the project. As a result, the residential group home is specifically identified and regulated in the development standards, thereby making it consistent with the PD-45 zoning, subject to approval of the zoning amendment by the City Council.

The fifth appeal point indicates that the project violates the Establishment Clause of the First Amendment of the U.S. Constitution, the California Constitution, and the Laws of the State of California, in that the proposed group home will be owned and operated by a faith based organization made possible by the City’s award of 40 credits pursuant to the Residential Growth Management Program. The United States Constitution, First Amendment, provides that Congress “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The basic rule as to whether a regulation or public agency activity does not “establish” a religion focuses on three issues, as follows: (a) will it have a valid state secular purpose; (b) have a principal or primary effect neither discriminating nor inhibiting religion; and (c) not produce excessive government entanglement with religion. Government may accommodate the free exercise, but government may not coerce anyone to support or participate in religion or its exercise or act to establish a state religion or religious faith.

In this case, the City’s action is approving a zoning amendment, subdivision approval, and site plan approval (“Actions”), which is for normal valid state secular purposes. The Actions are not having a principal or primary effect that discriminates nor inhibits religion. The Actions are not fostering any religious activity. There is no entanglement with any religion, there is no contract with a religious institution, nor is there a condition of approval that the facility be leased or operated by a religious organization. The City does not own the land, nor is it stating who or what the applicant can do with this property; the City is merely approving its land use, a subdivision map, and site plan approval. Who operates the group home, whether it is a religious organization, non-profit, or private entity, is up to the owner/applicant of the property. The City’s approval does not state what entity or who is going to operate the facility, but merely permits it as an appropriate land use. The City is not supporting or participating in any religious activity and is not acting to establish a state religion or religious faith. The owner of the group home can and will determine how it is to be operated and who, if anyone, will manage it. The City has not offered any financial support either to the group home or to the owner/applicant. The density bonus is merely an acknowledgement that the residential zoning density exceeds the mid range density and the applicant has provided amenities that entitle it to exceed the mid range of the zoning. The project does not exceed the density permitted by the City’s General Plan. Any units over the mid range must be reviewed and approved by the City Council, as it did in the RGMP process.

The sixth appeal point indicates that the group home is discriminatory on the basis of gender, as the proposed home will not accept men. Mr. Bates points out that the mission of the home is to minister only to the needs of women and their children (both sons and daughters), and it specifically excludes the treatment and sheltering of men. As a result of this discriminatory policy, it is in violation of State and Federal law. There is nothing in the City approval that is discriminatory based on gender. If there is a discriminatory policy created by the owner/applicant, the City is not responsible for that action. If the owner/applicant creates a discriminatory policy based on gender, that is a private matter and does not involve the City of Brentwood.

ANALYSIS
Staff believes that the requested amendment to PD-45 and tentative subdivision map will allow the applicant to develop the site to its potential while maintaining consistency with the General Plan designation 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 modified by the City Council on April 9, 2002, 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. Another circumstance is that the adjacent property is separated by a natural or man-made barrier. The area in question is along the north and east boundaries of the subdivision.

The approximate 160-acre parcel to the north is also designated Low Density Residential by the General Plan and is zoned PD-46, both of which would permit similar lot sizes to those being proposed in this subdivision. The approximate 10-acre parcel to the east is outside the City limits, but will be separated from the project by an existing canal that is maintained by ECCID and by a future trail (Parcel ‘B’ of the subdivision). Although staff has not received any correspondence from the owners of the adjacent properties stating their position relative to the proposed subdivision, they have been notified as a result of the City's public hearing notice process. Staff has included a finding in the attached resolution addressing the density transition issue.

In addition, the City has investigated the proposed residential group home use. A site visit to the proposed operator’s (Shepherd’s Gate) Livermore location disclosed a very clean, orderly, and safe environment. Inquiries by Police and Community Development staff to their peers in Livermore demonstrated that the existing facility is a good neighbor, supported by the Community, and is without significant health, safety, or other issues.

FISCAL IMPACT
Development of the project site with single-family residences will provide a variety of permit fees to the City that are directly related to the actual cost of the City staff time needed to process the project.

EXHIBITS
• Resolution denying the appeal filed by Mr. Bates, approving TSM 8534, and reaffirming the Planning Commission’s approval of DR 02-33
• Ordinance approving the amendment to PD-45
• Tentative Subdivision Map No. 8534
• Letter from Mr. Richard G. Bates, Jr., dated July 9, 2003
• Letter from Bucher, Willis & Ratliff Corporation dated August 4, 2003
• Letter from Americans United for Separation of Church & State dated August 6, 2003

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DENYING THE APPEAL OF THE PLANNING COMMISSION’S RECOMMENDATION TO APPROVE THE CEDARWOOD PROJECT, APPROVING TENTATIVE SUBDIVISION MAP NO. 8534 TO ALLOW THE SUBDIVISION OF A 54.69-ACRE SITE INTO 177 LOTS FOR SINGLE-FAMILY RESIDENTIAL USE AND 5 REMAINDER PARCELS, AND REAFFIRMING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW NO. 02-33, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED ON THE NORTH SIDE OF SYCAMORE AVENUE, ON EITHER SIDE OF THE FUTURE GARIN PARKWAY EXTENSION (APN'S 016-190-006 AND 007).

WHEREAS, Signature Properties has requested that the City approve an amendment to PD-45 and a tentative subdivision map to subdivide 54.69 acres into 177 single-family residential lots and related improvements located on the north side of Sycamore Avenue, on either side of the future Garin Parkway 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 May 9, 2003, and ended on May 28, 2003; and

WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on this project at its regular meeting of July 1, 2003, and passed Resolution No. 03-46 recommending approval of Tentative Subdivision Map No. 8534; and

WHEREAS, an appeal of the Planning Commission’s recommendation to approve the Cedarwood project was filed by Mr. Richard G. Bates, Jr., on July 9, 2003, citing six specific points as the basis for said appeal; and

WHEREAS, Staff has provided responses to the specific appeal points, including a supplemental traffic analysis to address the potential impacts generated by the proposed group home on the project site; 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 May 9, 2003, and again on July 11, 2003, in accordance with City policies and Government Code Section 65090; 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:

1. The proposed tentative subdivision map is in conformance with the City General Plan and Zoning Ordinance and has been reviewed by various City departments and other agencies; and

2. 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

3. The site is physically suitable for the type and the density of development proposed, in that the General Plan designates the site for Low Density Residential uses and the project complies with all applicable requirements of the Zoning Ordinance; and

4. The design of the subdivision is not likely to cause serious public health problems, in that the Mitigated Negative Declaration analyzes all potential impacts related to public health and includes mitigation measures to reduce all potentially significant impacts to less than significant levels; and

5. The proposed amendment to PD-45 has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA); and

6. Since the adjacent property to the north (APN 016-190-008) is designated for Low Density Residential development and no correspondence has been received from the owners of said property 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

7. Since the adjacent property to the east (APN 016-190-018) is separated from the subdivision by an existing canal that is maintained by ECCID and by a future trail (Parcel ‘B’ of TSM 8534) and no correspondence has been received from the owners of said property 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

8. The proposed subdivision complies with the modified Density Transition Policy in the General Plan in that adjacent properties affected are either zoned to allow the creation of similar sized lots or are separated from the project by natural or man-made barriers; and

9. The proposed residential group home will not generate any significant traffic impacts, and all traffic impacts of the project have been duly analyzed and mitigated; and

10. The proposed residential group home is a residential facility, as defined in the Zoning Ordinance of the Brentwood Municipal Code, and is not in any way characterized as a commercial use; and

11. The City approved the density above the mid-range through the RGMP allocation process by Resolution No. 2721 based on the applicant providing more park acreage than would normally be required, special housing needs, energy efficiency, job generation, in-fill development, design quality, and development priority; and

12. The proposed residential group home is consistent with the General Plan and the regulations of the PD-45 Zone, insofar as the residential group home is specifically identified in various sections of said zone; and

13. The City’s approval of a site plan, tentative subdivision map, and an amendment to the PD-45 Zone that includes approval of a residential group home, does not violate the U.S. Constitution, First Amendment, as it relates to the Establishment Clause, the California Constitution, and laws of the State of California, as none of these actions support or foster a religious activity or establish a state religion; and

14. The City’s actions that approve a site plan, tentative subdivision map, an amendment to the PD-45 Zone, and approval of a residential group home, do not discriminate based upon gender; and

15. 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

16. 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 and supplement, 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

17. 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 and supplement 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 and finds as follows:

1. The recitals numbered 1 through 17 are true and correct and based on the entire record and subject findings, denies the appeal filed by Mr. Richard G. Bates, Jr., related to the Cedarwood project.

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

3. Directs Staff to file the Notice of Determination with the Contra Costa County Clerk.

4. Approves Tentative Subdivision Map No. 8534, effective only upon the date that the amendment to PD-45 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.

5. Approves the density transition from the required minimum 20,000 square foot lots to 7,000 square foot lots adjacent to APN’s 016-190-008 and 016-190-018 due to the fact that the referenced properties are designated and zoned for lot sizes similar to those in the proposed subdivision and are separated from the project by natural or man-made barriers, respectively.

6. Reaffirms the Planning Commission’s decision to approve Design Review No. 02-33 for eight models of single-family houses and related improvements to be constructed on the 177 lots within the Cedarwood project.

NOW, THEREFORE, BE IT FURTHER RESOLVED that approval of this tentative subdivision map and design review are valid for two years and will expire on August 12, 2005, 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 August 12, 2003, by the following vote:

Attachment:
Attachment "A" – Conditions of approval for TSM 8534


ATTACHMENT "A" TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR
TENTATIVE SUBDIVISION MAP NO. 8534

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. 8534 prepared by MacKay & Somps date stamp received July 11, 2003.

3. Prior to issuance of any building permits, the applicant shall pay any and all outstanding peer review, environmental, and development review fees.

4. All cul-de-sacs backing onto Garin Parkway shall be designed in accordance with the City’s Standard Plans and Specifications (Sheet No.’s ST-19a and ST-19b).

5. The developer shall dedicate, in fee, a minimum 40-foot wide strip of right-of-way along the Sycamore Avenue project and Parcel ‘C’ frontages to the City of Brentwood to accommodate the ultimate improvements as and when required by the City Engineer.

6. The developer shall dedicate, in fee, right-of-way for Garin Parkway to the City of Brentwood as and when required by the City Engineer.

7. The developer shall design and construct remaining improvements to Sycamore Avenue along the project and Parcel “C” frontages prior to issuance of the first building permit, excluding model homes, to the satisfaction of the City Engineer. Improvements shall include, but not be limited to paving, sidewalk, curb, gutter, landscape, irrigation, street lighting, and utilities to the satisfaction of the City Engineer. All costs associated with the maintenance of landscaping, irrigation and street lighting shall be included into the LLD for this project.

8. The developer shall design and construct remaining roadway, curb, and gutter improvements to the north side of Sycamore Avenue from the west boundary of the project to Sycamore Court prior to issuance of the first building permit, excluding model homes, to the satisfaction of the City Engineer.

9. The developer shall extend Street ‘L’ westward and provide a city standard cul-de-sac in Parcel ‘E’ prior to issuance of the first building permit, excluding model homes, to the satisfaction of the City Engineer.

10. Street ‘L’ shall be designed for future extension to the east of this subdivision. Appropriate signs and disclosure shall be provided to the adjoining residents to the satisfaction of the City Engineer and Community Development Director.

11. The developer shall replace the common fence along the western subdivision boundary to the satisfaction of the City Engineer and Community Development Director.
12. The developer shall install a masonry wall along the project and Parcel ‘C’ frontages of Sycamore Avenue prior to issuance of the first building permit, excluding model homes, to the satisfaction of the City Engineer.

13. Parcels ‘A’, ‘B’, and ‘D’ 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 Parks and Recreation Director prior to issuance of the 90th building permit. Maintenance of these improvements shall be included into the Landscaping and Lighting District for this subdivision.

14. The park parcels shall be developed to the satisfaction of the Director of Parks and Recreation and the City Engineer prior to the issuance of the 90th building permit in the subdivision, or if the project is phased, prior to the 38th building permit east of Garin Parkway and the 51st building permit west of Garin Parkway.

15. Irrigation systems for public park and landscaping shall be designed to use the City’s non-potable water system and all applicable fees shall be paid, to the satisfaction of the City Engineer.

16. The developer shall design and construct Storm Drain Line “A” per drainage area 52C within Parcel ‘B’ concurrent with Phase 2 improvements. These storm drain improvements shall be designed and constructed to the satisfaction of Contra Costa County Flood Control & Water Conservation District (CCCFC & WCD) and the City Engineer. A portion of the costs of the storm drain improvements may be reimbursable subject to CCCFC & WCD.

17. The developer shall acquire the necessary right-of-way, design, and construct the necessary downstream storm drain system and detention basin to the satisfaction of the City Engineer and CCCFC & WCD prior to issuance of the first building permit, excluding model homes. If the developer is unsuccessful in acquiring this, then the developer shall provide an alternate design to the satisfaction of the City Engineer and CCCFC & WCD.

18. The developer shall acquire the necessary right-of-way along the west boundary from ECCID prior to final map approval to the satisfaction of the City Engineer.

19. The developer shall acquire and dedicate, in fee, the ultimate right-of-way for Sycamore Avenue to the city of Brentwood across the ECCID right-of-way, adjacent to the southeast corner of the project site as and when required by the City Engineer.

20. If not already constructed by others, the developer shall design and construct Sycamore Avenue to a minimum of 28-foot wide pavement section with 5-foot wide graded dirt shoulders from the easterly property line of Parcel ‘C’ to Sellers Avenue to the satisfaction of the City Engineer. These improvements shall be the developer’s financial responsibility and shall be complete and operational prior to the issuance of the first building permit, excluding model homes.

21. The developer shall acquire and dedicate to the City of Brentwood the necessary right-of-way, design, and construct the widening of the northbound approach of Sellers Avenue at Sycamore Avenue to provide an exclusive left turn lane to the satisfaction of the City Engineer. These improvements shall be the developer’s financial responsibility and shall be complete and operational prior to the issuance of the first building permit, excluding model homes.

22. The developer shall pay its fair share for future traffic signal mitigations at the intersections of Garin Parkway/Sycamore Avenue and Garin Parkway/Oak Street as determined by the City Engineer prior to the approval of the final map.

23. The developer shall relinquish all access rights along Sycamore Avenue and Garin Parkway on the final map as approved by the City Engineer.

24. The developer shall be responsible for acquiring and dedicating 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 provided prior to any plan approval.

25. Approval of this map does not constitute an express finding that the proposed project will not unreasonably interfere with the free and complete exercise of rights of any record title interest holders. The developer shall comply with all applicable provisions of section 66436 of the Government Code to the satisfaction of the City Engineer.

26. The developer shall install oil/water separator (CDS system or equivalent), designed for the 10-year event, immediately upstream of any connection to City’s storm water system to the satisfaction of the City Engineer. The maintenance cost of this system shall be included in the LLD for this subdivision.

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

28. The developer shall form or annex into a street lighting and landscape maintenance assessment district, or some other alternative financing mechanism acceptable to the City, for maintenance of all public street lights and landscaping within or adjacent to the project site.

29. 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, developer shall also accept and address the drainage from upstream properties and include design of on-site and downstream drainage facilities to the approval of the City Engineer and the Contra Costa County Flood Control and Water Conservation District prior to any plan approval. The project’s 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.

30. The developer shall coordinate with property owners along the property lines of this project for any grading or other improvements to the satisfaction of the City Engineer.

31. If required, developer shall relocate any existing ECCID irrigation lines to the satisfaction of the City Engineer and ECCID prior to any grading permit for this project.

32. A soil report for the project site, and for any import soils, which includes testing for corrosivity and contaminants, especially for agricultural pesticides, shall be submitted to the City Engineer and the Contra Costa County Department of Environmental Health. Grading plans shall not be approved unless Environmental Health Department’s recommendations are followed in the grading and improvements plans.

33. The developer shall maintain all landscaping within the public right-of-way for a period of 90 days prior to City acceptance of landscape improvements. A precondition of City acceptance is a 12-month guarantee of plant materials and irrigation system. In the event the developer is unresponsive within two weeks of notification by the City, corrective measures may be taken by the City. Any corrective costs incurred shall be provided by the developer’s guarantee or from any funds available from the developer being held by the City.

34. The developer shall annex into the City of Brentwood Community Facilities District to fund fire, emergency medical and public safety personnel, open space maintenance and operations and flood and storm drain services prior to final map approval.

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

36. At the time of recordation of the first final map, the developer shall comply with the City Council adopted Agricultural Enterprise Program in order to mitigate the potentially significant impact of the proposed project on the loss of farmland. The applicant shall pay the adopted City fee for mitigation of lost farmland in effect at the time of recording the final map.

37. If construction activities are to occur between February 1 and July 31 (the raptor nesting season), then not more than thirty (30) days prior to the issuance of a grading permit, a survey shall be conducted by a qualified ornithologist for Swainson’s hawk, white-tailed kite, northern harrier, burrowing owl, and loggerhead shrike on the project site. If active nests are found, a qualified biologist shall determine the need (if any) for temporal restrictions on construction. The determination shall be made pursuant to criteria set forth by the CDFG (1995). The survey shall be submitted for the review and approval of the Community Development Department.

38. Not more than thirty (30) days prior to the scheduled demolition of the two on-site buildings, a survey shall be conducted for bat roosts within the structures. If active roosts are found, a qualified biologist shall determine the need (if any) for temporal restrictions on construction. The determination shall be made pursuant to criteria set forth by the CDFG (1995). The survey shall be submitted for the review and approval of the Community Development Department.

39. The developer shall submit a report to the U.S. Army Corps of Engineers (Corps) within thirty (30) days of the completion of the work that impacts the ditch at the northeast corner of the project site. The report shall be prepared in accordance with the requirements of the Corps, including details of the amount of jurisdictional area that is lost. A copy of said report shall be submitted to the Community Development Department.

40. Prior to the issuance of a grading permit, the developer shall submit plans to the Community Development Department for review and approval which indicate (via notation on the improvement plans) that if historic and/or cultural resources are encountered during grading or other site work, all such work shall be halted immediately within the area of discovery and the developer shall immediately notify the Community Development Department of the discovery. In such case, the developer shall be required, at his expense, to retain the services of a qualified archaeologist for the purpose of recording, protecting, or curating the discovery as appropriate. The archaeologist shall be required to submit to the Community Development Department for review and approval a report of the findings and method of curation or protection of the resources. Further grading or site work within the area of discovery will not be allowed until the preceding steps have been taken.

41. All grading and foundation plans for the development designed by the project Civil and Structural Engineer must be reviewed and approved by the City Engineer and Chief Building Official prior to the issuance of grading and building permits to ensure that all geotechnical recommendations specified in the geotechnical report are properly incorporated and utilized in design.

42. Any applicant for a grading permit shall submit an erosion control plan to the City Engineer for review and approval. This plan shall identify protective measures to be taken during construction, supplemental measures to be taken during the rainy season, the sequenced timing of grading and construction, and subsequent revegetation and landscaping work to ensure water quality in creeks and tributaries in the General Plan Area is not degraded from its present level. All protective measures shall be shown on the grading plans and shall specify the entity responsible for completing and/or monitoring the measure and include the circumstances and/or timing for implementation.

43. Prior to approval of final facilities design, plans for drainage and stormwater runoff control systems and their component facilities shall be submitted to the Engineering Department for review and approval to ensure that these systems and facilities are non-erosive in design.

44. Grading, soil disturbance, or compaction shall not occur during periods of rain or on ground that contains freestanding 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 limit approved by a Soil Engineer. Approval by a Soil Engineer shall be obtained prior to the continuance of grading operations. Confirmation of this approval shall be provided to the Engineering Department prior to commencement of grading.

45. At such time as the gas well site is abandoned, the developer shall abandon the site in accordance with the State Division of Oil and Gas regulations for urban areas and all other applicable regulations, including the Brentwood Municipal Code. In addition, the site and all access roads shall be restored to their original condition or as nearly as practicable unless otherwise approved by the Division of Oil and Gas and the Community Development Director upon receipt of a written request by the property owner. The developer shall furnish the City with a copy of the Division of Oil and Gas approval showing compliance with all abandonment proceedings under State law.

46. Prior to issuance of a grading permit by the City for any on-site structures, the developer shall provide a site assessment which determines whether any structures to be demolished contain asbestos and/or lead paint. If any structures contain asbestos, the application shall include an asbestos abatement plan consistent with local, State, and Federal standards, subject to the approval of the Chief Building Official.

47. Prior to issuance of a grading permit by the City for any on-site structures, the developer shall provide a site assessment which determines whether any structures to be demolished contain lead-based paint. If such paint is found, all loose and peeling paint shall be removed and disposed of by a licensed and certified lead paint removal contractor, in accordance with local, State, and Federal regulations. The demolition contractor shall be informed that all paint on the buildings shall be considered as containing lead. The contractor shall take appropriate precautions to protect his/her workers, the surrounding community, and to dispose of construction waste containing lead paint in accordance with local, State, and Federal regulations subject to the approval of the Chief Building Official.

48. Prior to the issuance of grading permits, a National Pollution Discharge Elimination System (NPDES) construction permit shall be obtained for any disturbance of more than one acre.

49. 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.

50. 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 and the Chief Building Official prior to the issuance of building permits.

51. 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.

52. Prior to issuance of the first occupancy permit within 200 feet of the existing gas well, the developer shall construct a two-sided noise barrier around the well. The barrier shall be designed to reduce the noise levels in order to comply with Chapter 9.32 of the Brentwood Municipal Code. The developer shall have a noise study prepared by a qualified acoustical consultant, and submit said study to the Community Development Department for review and approval. Any recommendations of the study shall be incorporated into the design of the barrier, and the barrier shall be indicated on the improvement plans for the review and approval of the Community Development Department.

53. Construction activities 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 acceptable to the Community Development Department. These criteria shall be included in the grading plan submitted by the developer for review and approval of the Community Development Director prior to issuance of grading permits.

54. 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.

55. All mitigation measures included in the Mitigated Negative Declaration for this project are herein incorporated by reference and shall be complied with by the developer.

56. The developer shall pay its fair share of the following roadway and intersection improvements:

a. Central Boulevard/O’Hara Avenue: O’Hara Avenue shall be extended to intersect with 2nd Street with a signal at the Central Boulevard/O’Hara Avenue intersection. The southbound approach shall be restriped to provide two exclusive left-turn lanes and one shared through/right-turn lane. The eastbound approach shall also be widened to provide two exclusive left-turn lanes, one exclusive through lane, and one shared through/right-turn lane.
b. Garin Parkway/Sycamore Avenue: The intersection shall be signalized.
c. Garin Parkway/Oak Street: The intersection shall be signalized and the northbound and southbound approaches shall provide one exclusive left-turn lane and one shared through/right-turn lane. The eastbound approach shall also provide one shared through/left-turn lane and one exclusive right turn-lane.
d. Sellers Avenue/Sycamore Avenue: The northbound approach shall be widened to include an additional exclusive through lane.
e. Extension of Sycamore Avenue to Sellers Avenue.

57. The developer shall include the following recommendations from the traffic impact study in the final design of the project, to the satisfaction of the City Engineer and the Community Development Director:

a. Project entrances shall be located in accordance with City standards in order to provide sufficient storage for the left-turns and right-turns at intersections and safe traffic operating conditions.
b. Stop signs shall be installed within the project as illustrated on Figure 6 of the traffic impact study.
c. Sufficient sight distance shall be provided at intersections within the project.
d. Provide a minimum distance of 250 feet between any two intersections within the project.
e. Provide parking within the project in accordance with City standards.

58. 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 City of Brentwood has a right-to-farm ordinance, and adjacent properties may be involved with agricultural operations, the keeping of farm animals, and aerial spraying

• Land directly south of this subdivision is planned for single-family residential development, including detention basins and a park site

• Sycamore Avenue and Garin Parkway are through streets and will extend easterly and northerly beyond the project site, respectively

• Land directly north of this subdivision is planned for low density residential development, including a park site and an elementary school site

• Land directly east of this subdivision is outside the Brentwood City Limits and is an active agricultural area

• Parcel ‘C’ of this subdivision, located in the southeast corner, is intended to be developed with an approximately 7,400-square-foot residential group home for up to 18 women and children

• Parcel ‘E’ of this subdivision, located in the northwest corner, includes an active gas well that will eventually be abandoned and replaced with additional single-family residential dwellings

• This subdivision is subject to potential noise impacts from the Liberty Union High School athletic facilities

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO PD-45 BY ESTABLISHING DEVELOPMENT STANDARDS FOR AN APPROXIMATE 54.69-ACRE SITE, LOCATED ON THE NORTH SIDE OF SYCAMORE AVENUE, ON EITHER SIDE OF THE FUTURE GARIN PARKWAY EXTENSION (APN'S 016-190-006 AND 007).

WHEREAS, Signature Properties has requested that the City approve an amendment to PD-45 with the adoption of specific development standards to accommodate the development of Tentative Subdivision Map No. 8534, located on the north side of Sycamore Avenue, on either side of the future Garin Parkway extension; and

WHEREAS, on July 1, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 03-45, which recommended approval of the amendment to PD-45 and specific development standards; and

WHEREAS, an Initial Study, Mitigated Negative Declaration and supplement 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 May 9, 2003, and ended on May 28, 2003; 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 May 9, 2003, and again on July 11, 2003, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed amendment to PD-45 and specific development standards on July 22, 2003, and again on August 12, 2003, 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 request; 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. 8534 have been established; and

2. The development standards will result in development that is consistent and compatible with surrounding uses, in that the design of the project and the conditions of approval for the project, including all mitigation measures, will reduce impacts on surrounding property owners to less than significant levels; and

3. The project will generate a level of traffic that can be accommodated by the public circulation system, existing or planned, in that the Mitigated Negative Declaration and supplement analyze all potential impacts related to transportation and circulation and includes mitigation measures to reduce all potentially significant impacts to less than significant levels; 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, in that the 54.69-acre project has been designed as a coordinated development known as Cedarwood; 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, in that Sycamore Avenue is a minor arterial that bounds the south side of the project, and Garin Parkway is a minor arterial that bisects the project, and that the project includes a traffic study and supplemental traffic analysis (including an analysis of a residential group home) that are incorporated into the Mitigated Negative Declaration, which further analyzes all potential impacts related to transportation and circulation and includes mitigation measures to reduce all potentially significant impacts to less than significant levels; 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 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 thereof, and with any applicable Specific Plan adopted by the City; and

10. The City Council has reviewed and approved the Mitigated Negative Declaration and supplement 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 and supplement, 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 designated as the PD-45 Zone in accordance with the General Plan.

Section 2.

Chapter 17.496 has hereby been amended for the purpose of regulating certain real property and establishing development standards for TSM 8534, also known as Cedarwood.

Section 3.

Chapter 17.496 is hereby known as Planned Development No. 45 Zone.

Section 4.

Development standards for PD-45 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 12th day of August 2003, and was adopted at a regular meeting of the Brentwood City Council on the 26th day of August 2003, by the following vote:

Attachments:
Attachment "A" – Map of PD-45
Attachment "B" – Development standards for PD-45

ATTACHMENT "A" TO
CITY COUNCIL ORDINANCE NO.
MAP OF PD-45



ATTACHMENT "B" TO
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT STANDARDS FOR PD-45

CHAPTER 17.496
PD-45 (PLANNED DEVELOPMENT NO. 45) ZONE

CEDARWOOD

17.496.001 AUTHORITY, PURPOSE AND INTENT
17.496.002 PERMITTED USES
17.496.003 CONDITIONALLY PERMITTED USES
17.496.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS
17.496.005 OTHER REGULATIONS

17.496.001 AUTHORITY, PURPOSE AND INTENT

The authority, purpose and intent for the adoption of the PD-45 (Planned Development No. 45) Zone, as shown on Attachment “A”, are as follows:

A. Authority: The PD-45 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-45 Zone is to permit and regulate the orderly development of 54.69 acres located on the north side of Sycamore Avenue, on either side of the future Garin Parkway extension, with low density residential uses in accordance with the Brentwood General Plan, for a maximum of 177 lots and 5 remainder parcels, including two parks, a trail, a residential group home, and an existing gas well.

C. Intent: The intent of creating the PD-45 Zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent areas, while providing for needed housing.

17.496.002 PERMITTED USES:

The following uses are permitted in the PD-45 Zone:

A. Single-family dwelling units not exceeding a density of 3.2 units per gross acre for a maximum of 177 units;

B. Parks, playgrounds, and recreational trails;

C. Those uses permitted under the R-1 Zone, Section 17.130.002 of the zoning ordinance;
D. A residential group home on Parcel ‘C’ of TSM 8534 for up to 18 women and children; and

E. An existing gas well site on Parcel ‘D’ of TSM 8534, to be developed at a future date with single-family residential uses when the well is abandoned.

17.496.003 CONDITIONALLY PERMITTED USES:

The following uses are conditionally permitted in the PD-45 Zone:
A. Those uses conditionally permitted under the R-1 Zone, Section 17.130.003 of the zoning ordinance.

17.496.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT, AND RELATED MATTERS:

All permitted and conditionally permitted uses developed within the PD-45 Zone shall comply with the following regulations:

A. Minimum Lot Area: Seven thousand (7,000) square feet.

B. Minimum Lot Width: Sixty-five (65) feet at the mid-point.

C. Minimum Lot Depth: Eighty-five (85) feet.

D. Minimum Lot Frontage: Twenty-four (24) feet.
E. Minimum Front Yard Setback: Twenty (20) feet for front-loading garages, with a five (5) foot architectural encroachment; fifteen (15) feet for side-loading garages, with a five (5) foot architectural encroachment.

F. Minimum Side Yard Setback: Five (5) feet, with an aggregate of fifteen (15) feet; except that corner lots on the street side shall maintain a minimum side yard setback of ten (10) feet.

G. Minimum Rear Yard Setback: Twenty (20) feet.

H. Maximum Building Height: Two (2) stories and thirty (30) feet.

I. Maximum Lot Coverage: 40% for two-story homes and 45% for single-story homes.

J. Maximum Number of Dwelling Units: One hundred seventy-seven (177), plus a residential group home for up to eighteen (18) women and children.

17.496.005 OTHER REGULATIONS:

A. Design and site development review shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004.H.

B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004.H.

C. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.

D. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660.

E. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660, with the exception that no feature may project into the minimum front yard setback.

F. A residential group home for women and children who are in need of housing and related services shall be provided on Parcel ‘C’ of TSM 8534. The home shall accommodate and be a full-time residence for up to 18 women and children. The home shall include approximately 9 bedrooms, staff offices and overnight accommodations, counseling rooms, and family areas. The home shall be operated primarily as a battered women’s shelter and is operated for the benefit of Brentwood residents and their children.

 

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