CITY COUNCIL AGENDA ITEM
Meeting Date: October 28, 2003
Subject/Title: A request to deviate from the Density Transition Policy for
Lot No. 44 of Tentative Subdivision Map No. 8281, located west of Fairview
Avenue and south of Lone Tree Way.
Submitted by: Community Development Department (Oshinsky/Zilm)
Approved by: John Stevenson, City Manager
Pass a resolution approving a request to deviate from the Density Transition
Policy allowing Lot No. 44 of Tentative Subdivision Map No. 8281 to be
reduced from the required 20,000 square feet to 16,026 square feet.0.
The City Council approved, in October 2001, an amendment to Planned
Development Zone No. 35 to include the development standards for Tentative
Subdivision Map No. 8281. The Density Transition Policy was approved and
made a part of the current General Plan when it was approved by the City
Council in November 2001.
Back in July 2001 the applicant, Currin-Martin, received approval of
Tentative Subdivision Map No. 8281 to subdivide 44.03 acres into 130 lots.
In June 2003 the project was purchased by Warmington Homes. During this same
time the City of Brentwood was going though negotiations with Mr. Siino to
acquire the right of way to complete the Fairview realignment. As part of
this negotiation the City agreed to process a tentative subdivision map to
subdivide Mr. Siino’s property into 9 residential lots. Because of where
this property is located the City Engineer did not want to allow access to
the nine lots from Fairview and instead asked Warmington Homes if they would
be willing to revise a small portion of their tentative subdivision map to
create an access point for these nine lots from within their subdivision.
Warmington Homes agreed to do this change and provide access. The changes in
the tentative subdivision map to provide the needed access resulted in three
additional lots for a total of 133. Warmington Homes did take this revision
back to the Planning Commission and received approval for the change on
September 16, 2003.
The location of this new access point limited Warmington Homes’ ability to
create a subdivision map that would meet the City’s Density Transition
Policy and provide for a 20,000 square foot lot abutting an existing lot of
1 acre. When TSM 8281 was approved Lot No. 44 was at 20,050 square feet
however, after realigning the lot lines, Lot No. 44 is now at 16,026 square
Compliance with the City's density transition policy as outlined in the
General Plan, requires proposed lots facing or abutting existing residential
lots of one acre or more to have a minimum area of 20,000 square feet. The
policy was recently modified by the City Council to allow exceptions under
certain circumstances subject to adoption of specified findings. This
property is zoned R-1-E, which would permit similar lot sizes to those being
proposed in this subdivision. Therefore, staff believes these findings can
be made, as contained in the attached resolution, since staff has received a
letter from Mrs. Myers, the owner of the property adjacent to Lot No. 44,
stating that she has no objections with the reduced size of Lot No. 44.
There are no significant fiscal impacts related to approval of this request.
A. City Council Resolution approving the deviation from the City’s Density
B. Map showing the change to Tentative Subdivision Map No. 8281 and Lot No.
CITY COUNCIL RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FOR A DEVIATION OF
THE DENSITY TRANSITION POLICY ALLOWING LOT NO. 44 OF TENTATIVE SUBDIVISION
MAP NO. 8281 TO BE REDUCED FROM THE REQUIRED 20,000 SQ. FT. TO 16,026 SQ.
FT., LOCATED WEST OF FAIRVIEW AVENUE AND SOUTH OF LONE TREE WAY.
WHEREAS, said tentative map was referred to various public utility
companies, public districts, and pertinent City departments for review and
WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared
for Tentative Subdivision Map No. 8281 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 mitigation measures are
included in the project conditions of approval and will reduce the impacts
identified to a less than significant level; and
WHEREAS, a Notice of Public Hearing was distributed to all property owners
of record within 300 feet of the project site and published in the
Ledger-Dispatch on April 11, 2001, 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 July 17, 2001 and
September 16, 2003 and approved of the change by a 3 to 2 vote; and
WHEREAS, the City Council has considered the staff report, supporting
documents, public testimony, and all appropriate information that has been
submitted with the proposed project and finds that:
1. The proposed change to the tentative subdivision map is in conformance
with the City General Plan and Zoning Ordinance; 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; and
4. The design of the subdivision is not likely to cause any serious public
health problems; and
5. Since the adjacent property to the east (Myers Property) is designated
for R-1-E development and a letter has been received from the owner of said
property not objecting to the design or lot size associated with the
proposed 16,026 sq. ft. size of Lot No. 44, and the intent of the Density
Transition Policy as outlined in the City General Plan is being adhered to;
6. The proposed Lot No. 44 of Tentative Subdivision Map No. 8281 complies
with the Density Transition Policy in the General Plan in that the adjacent
property is zoned to allow the creation of similar sized lots.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Brentwood does hereby take the following actions:
Approves the density transition from the required 20,000 square foot lot to
a 16,026 square foot (Lot No. 44) adjacent to the Myers Property (APN
019-060-030), due to the fact that the referenced property is designated and
zoned for lot sizes similar to those in the proposed subdivision, and that
the applicant has submitted written verification to the Community
Development Department prior to consideration by the City Council agreeing
to the proposed 16,026 sq. ft. lot size.
PASSED by the City Council of the City of Brentwood at its regular meeting
of October 28, 2003, by the following vote: