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CITY COUNCIL AGENDA ITEM NO. 14

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

RECOMMENDATION
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.

PREVIOUS ACTION
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.

BACKGROUND
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 feet.

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.

FISCAL IMPACT
There are no significant fiscal impacts related to approval of this request.

EXHIBITS:

A. City Council Resolution approving the deviation from the City’s Density Transition Policy.
B. Map showing the change to Tentative Subdivision Map No. 8281 and Lot No. 44.

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 recommendations; 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; and

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:

 

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