CITY COUNCIL AGENDA ITEM
Meeting Date: September 9, 2003
Subject/Title: Adopt and Waive Second Reading of Ordinance No. 759 Amending
Title 16, Subdivisions and Land Development, of the Brentwood Municipal Code
to add Chapter 16.166 to permit the City Manager to Approve Final Maps and
Execute Subdivision Agreements
Submitted by: Dennis Beougher, City Attorney
Waive the second reading and adopt Ordinance No. 759.
At its meeting on August 26, 2003, the City Council waived the first reading
and introduced Ordinance No. 759, which approves amending the Brentwood
Municipal Code to add two new chapters, Chapter 16.165 and Chapter 16.166,
to permit the City Manager to approve final maps and to execute subdivision
Adoption of this Ordinance will allow the City Manager, rather than City
Council, to approve subdivision agreements and final maps.
ORDINANCE NO. 759
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING TITLE 16,
SUBDIVISIONS AND LAND DEVELOPMENT, TO ADD CHAPTER 16.165 AND CHAPTER 16.166
TO PROVIDE THAT THE CITY MANAGER MAY APPROVE OR DISAPPROVE A FINAL
SUBDIVISION MAP AND ACCEPT, SUBJECT TO IMPROVEMENT, OR REJECT DEDICATIONS
AND OFFERS OF DEDICATIONS THAT ARE MADE BY A STATEMENT ON THE MAP AND ALSO
TO APPROVE SUBDIVISION AGREEMENTS IN ACCORDANCE WITH CITY STANDARDS AND TO
DELETE BRENTWOOD MUNICIPAL CODE SECTION 16.070.030(D) AND SECTION 16.070.040
WHEREAS, Government Code section 66458(d) permits the City Council to
provide by ordinance for the approval or disapproval of final maps by the
City Manager or other designated official; and
WHEREAS, Government Code section 66458(d) further permits the City Council
to permit the designated city official to accept, subject to improvement, or
reject dedications and offers of dedications that are made by a statement on
the map provided that five conditions are met as stated below:
1) the designated official shall notify the legislative body at its next
regular meeting after the official receives the map that the official is
reviewing the map for final approval;
2) the designated official shall approve or disapprove the final map within
10 days following the meeting of the legislative body that was preceded by
the notice in (4) below;
3) the designated official’s action may be appealed to the legislative body;
4) the clerk of the legislative body shall provide notice of any pending
approval or disapproval by the designated official, which notice shall be
attached and posted with the legislative body’s regular agenda and shall be
mailed to interested parties who request notice;
5) the legislative body shall periodically review the delegation of
authority except as specifically authorized by this subdivision, the
processing of final maps shall conform to all procedural requirements of
this division; and
WHEREAS, Government Code section 66462 permits the City Council to approve
an ordinance that permits a subdivision agreement to be executed in
accordance with City standards.
NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain
Section 1. Title 16 (Subdivisions and Land Development), Chapters 16.165 and
16.166 are hereby added to the Brentwood Municipal Code to read as follows:
“Chapter 16.165 City Manager Approval of Final Map and Subdivision
16.165.010 City Manager’s Approval of Final Maps.
The City Clerk shall notify the legislative body at its next regular meeting
after the City Manager receives the map that the City Manager is reviewing
the map for final approval; the City Manager shall approve or disapprove the
final map within 10 days following the meeting of the legislative body that
was preceded by the notice required by this subsection.
The City Manager’s action may be appealed to the City Council, as provided
in Brentwood Municipal Code section 16.170.030[C] through [H], inclusive.
16.165.030 City Clerk’s Notice.
The City Clerk shall provide notice of any pending approval or disapproval
by the City Manager, which notice shall be attached and posted with the City
Council’s regular agenda and shall be mailed to interested parties who
16.165.040 Periodic Review.
The City Council shall review the delegation of authority to the City
Manager every three years from the effective date of this ordinance, or as
soon thereafter as is practical.
Except as specifically authorized by this subsection, the processing of
final maps shall conform to all procedural requirements of this chapter.
16.166.10 Subdivision Agreements.
The City Manager is authorized to execute subdivision agreements, as
permitted by Government Code section 66462(d), in accordance with City
standard subdivision agreements. The City Manager’s action approving or
disapproving a subdivision agreement may be appealed to the City Council as
provided in Brentwood Municipal Code section 16.170.030[C] through [H],
inclusive. The City Council shall review the authority granted to the City
Manager by this subsection every three years from the effective date of this
ordinance, or as soon thereafter as is practical.”
Section 2. Subsections 16.070.030(D) and 16.070.040 of the Brentwood
Municipal Code are repealed.
Section 3. Severability.
If any section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The city council hereby
declares that it would have adopted the ordinance, and each section,
subsection, sentence, clause, or phrase thereof, irrespective of the fact
that one or more sections, subsections, sentences, clauses or phrases be
Section 4. Effective Date.
This ordinance shall take effect thirty (30) days after passage and shall
within fifteen (15) days after passing, be posted in accordance with section
36933 of the Government Code of the State of California with the names of
those City Councilmembers voting for or against it.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 26th day of August,
2003, by the following vote and adopted on September 9, 2003: