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CITY COUNCIL AGENDA ITEM NO. 25

Meeting Date: April 13, 2004

Subject/Title: Public Hearing: A Rezoning (RZ 03-08) from R-1-E to PD-59 and establishment of development standards for a 30.7-acre site and approval of an accompanying Vesting Tentative Subdivision Map No. 8724 for the creation of 84 residential lots, located generally southwest of the intersection of Neroly Road and O’Hara Avenue

Prepared by: Winston Rhodes, Senior Planner

Submitted by: Mitch Oshinsky, Community Development Director

RECOMMENDATION
The Planning Commission and staff recommend introducing and waiving the first reading of an Ordinance approving RZ 03-08 including the adoption of specific development standards and adoption of a resolution approving Vesting Tentative Subdivision Map (VTSM) No. 8724, and approving the Mitigated Negative Declaration for the project.

PREVIOUS ACTION
On October 14, 2003, the City Council conceptually approved 26 units over the General Plan mid-range density for this site determining that additional park space, provision of affordable housing, and use of Transferable Agricultural Credits (TAC) available through the City Agricultural Enterprise Program were sufficient justification for exceeding the mid-range density for the site. The Planning Commission recommended approval of RZ 03-08 and VTSM 8724 at its regular meeting of March 16, 2004, in conjunction with approving the design review request for this Private Island Homes residential development.

BACKGROUND
At its meeting of March 16, 2004, the Planning Commission considered this request to rezone approximately 30.7 acres from R-1-E to PD-59 with the adoption of specific development standards and VTSM No. 8724, a subdivision consisting of 84 single-family residential lots and 1.8 acre pocket park. At that meeting, the Commission passed Resolution No. 04-14 and 04-15 on a 4-0-1 vote, recommending that the City Council approve the rezone, development standards, VTSM and Mitigated Negative Declaration.

The area to be rezoned totals approximately 30.7 acres and is bounded on the south and east by proposed Subdivision 8674 Blumen Ranch, on the north by Neroly Road, and on the west by approved Subdivision 8561 Rose Garden. Existing development on the project site is limited to one single-family dwelling, a trailer-home, green houses, and an enclosed fruit stand. The remainder of the site has historically and is currently being utilized for agricultural purposes.

The site is currently zoned R-1-E, and the General Plan designates the majority of the site (approximately 29.1 acres) Very Low Density Residential (VL) and the remainder of the site (approximately 1.6 acres) Open Space (OS). The OS designation is located along Neroly Road in order to provide a buffer area between Brentwood and Oakley along a shared jurisdictional boundary. The VL General Plan designation provides for mid-range densities of 2.0 dwelling units per gross acre (du/ac). Developing at the mid-range of the VL designation would yield a total of 58 dwelling units. This 84-unit project has an overall density of 2.9 du/ac. and is just below the maximum 3.0 du/ac. density that is allowed under the VL designation.

The project, as designed, does not meet the requirements of the R-1-E Zone. Consequently, the applicant is requesting approval of a rezone for the project site to a planned development with development standards for two subareas (A & B) to accommodate the particular design of this project. Subarea A includes 80 lots for single family detached homes while Subarea B includes 4 lots for single family attached “duet" homes.

The Planning Commission and staff believe that the rezone is appropriate given the particular design of the project, the provision of affordable housing integrated within the subdivision, the amount and configuration of recreation space, the utilization of TAC credits, and the fact that the proposed project is consistent with the General Plan. The existing R-1-E development standards and PD-59 development standards, as recommended by the Planning Commission, are as follows:

R-1-E
(Existing) Recommended
PD-59 Subarea A Recommended
PD-59 SubArea B
Minimum lot size 14,500 square ft. 10,000 square feet 6,000 sq. feet
Minimum lot width 100’ 70’ 55’
Minimum lot depth N/A 135’ 130’
Minimum front yard 20’ 20’ to garage door,15’ for turned garage, 12’ feet for front porches, 18’ for living area 15’
Minimum rear yard 30 20’ main residence & 5’ detached living area 15’
Minimum side yard 10’ with 25’ aggregate (15’ on corner lots) 8’ with 20’ aggregate
(10’ on street side of corner lots) 0 with 10’ aggregate (10’ on street side of corner lots)
Max. building height 2 stories and 30 feet 2 stories and 30 feet for main residence and 16 feet for detached living area 2 stories and 30 feet
Max. lot coverage N/A 40% for main residence and detached living area 45% for single story unit and 40% for two-story units

The proposed tentative map requires City Council review and approval in order to satisfy the density transition policy of the City’s General Plan. The proposed tentative map would subdivide approximately 30.7 acres into 84 single family lots, a 1.8 acre pocket park, and approximately 1.8 acres for trails and open space along the City’s northern boundary. This is the first project to propose use of agricultural credits to exceed the mid-range density and if approved, would help preserve visible and high quality agricultural and near the City. The applicant is currently in negotiations with an agricultural property owner who holds at least 20 transferable agricultural credits. The Planning commission and staff have included a proposed condition of approval on VTSM 8724 to require that a permanent conservation easement be recorded on 10 acres within the TAC area acceptable to the Brentwood Agricultural Land Trust (BALT) and the City prior to approval of any final subdivision map, grading permit, or improvement plans.

The project’s proposed park is centered within the subdivision and provides a focal point for the future neighborhood where residents can meet. An open space area is proposed along the northern edge of the subdivision with direct pedestrian/bicycle access to the planned Neroly Road recreation trail segment. This open space area will help integrate this project into the surrounding planned residential developments and provides convenient access to Freedom High School nearby, and a potential future EBART transit facility currently planned near the intersection of Neroly Road and Empire Avenue.

In order to protect the integrity of existing land use patterns and minimize the impacts on existing residents, the City has adopted a density transition policy. Although the project abuts vacant parcels over an acre in size, the project complies with permitted exemptions to the policy because adjacent property has approved or planned land use and zoning that enables subdivision into lot sizes comparable with the lot sizes planned in this proposed subdivision. West of the site is the approved Rose Garden development with planned abutting lot sizes ranging from 8,000 – 10,000 square feet. East and south of the proposed subdivision is the proposed Blumen Ranch project which is zoned for smaller lot sizes than are proposed by the applicant.

The proposed project does not include direct access to any existing arterial roadway. The applicant proposes four points of vehicle access connecting this project to adjacent approved and proposed developments that are directly served by arterial roadways. The Planning Commission and staff have included project conditions in the proposed resolution approving VTSM 8724 to insure compliance with typical City standards relating to provision of adequate transportation improvements including auto access points, street improvements, and traffic calming.

The applicant, Private Island Homes, Inc., would like to receive approval of the rezone and development standards and tentative subdivision map in order to move forward with its residential development plans. The development standards recommended for approval by the Planning Commission are attached to the draft Ordinance. These standards are in conformance with the General Plan.

The Planning Commission and staff believe that the requested rezone and development standards and vesting tentative subdivision map will allow the applicant to develop the site to its potential while maintaining consistency with the General Plan designations 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 in a manner that provides substantial public benefits without adversely affecting the development potential of adjacent properties.

FISCAL IMPACT
The applicant will be required to pay all relevant fees as specified in the conditions of approval for the Vesting Tentative Subdivision Map. The project, once developed, would generate additional property tax for the City. The project will also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with the new neighborhood.

Attachments:

Ordinance
Resolution

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 03-08) FROM R-1-E TO PD-59 WITH THE ESTABLISHMENT OF SPECIFIC DEVELOPMENT STANDARDS FOR A 30.7-ACRE SITE, LOCATED GENERALLY SOUTHWEST OF THE INTERSECTION OF NEROLY ROAD AND O’HARA AVENUE (APN 018-020-002 AND 018-020-003).

WHEREAS, Private Island Homes, Inc. has requested that the City approve a rezone from R-1-E to PD-59, a vesting tentative subdivision map to subdivide a 30.7-acre site into 84 single-family residential lots and 3 remainder parcels, and a design review for 5 house plans, located generally southwest of the intersection of the intersection of Neroly Road and O’Hara Avenue; and

WHEREAS, on March 16, 2004, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 04-14, which recommended approval of the rezone and specific development standards; and

WHEREAS, the Planning Commission concurrently reviewed and conditionally recommended approval of the Vesting Tentative Subdivision Map by passing Resolution No. 04-15 and conditionally approved the project Design Review by passing Resolution No. 04-16; 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 February 6, 2004, and ended on February 27, 2004, and all comments received during the review period have been considered by the City Council; 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 Brentwood News on April 2, 2004, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed rezone and specific development standards on April 13, 2004, 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 requests; 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. The site is physically suitable for the type and the density of development proposed; and

2. The proposed rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

3. The proposed rezone will establish clear development standards for the uses permitted under the General Plan, Zoning Ordinance, and conditionally approved Vesting Tentative Subdivision Map No. 8724; and

4. The proposed rezone will provide standards resulting in development that is consistent and compatible with surrounding uses; and

5. The proposed rezone will provide for adequate public uses and private open space; and

6. The proposed rezone 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

7. The proposed rezone is on property that has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any traffic generated by the proposed development as conditioned; and

8. 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 consistent with the Zoning Ordinance and with the City's General Plan, including all relevant Elements thereof.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds and determines as follows:

1. That the Mitigated Negative Declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

2. 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 2001 and 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, 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's for the 2001 and 1993 General Plan are adequate for all approvals relating to the project; and

3. 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.

Adopts the Mitigated Negative Declaration prepared for this project and directs staff to file the Notice of Determination with the Contra Costa County Clerk.

Section 2.

Rezones the 30.7-acre site, as shown on Exhibit "A" from R-1-E to PD-59 for single-family residential development.

Section 3.

Directs staff to make the necessary change to the City Zoning Map.

Section 4.

Chapter 17.514 is hereby added to the Brentwood Municipal Code for the purpose of regulating certain real property and establishing development standards for Vesting Tentative Subdivision Map No. 8724, as shown on Exhibit "B" to this Ordinance.

Section 5.

Chapter 17.514 is hereby known as the Planned Development No. 66 Zone.

Section 6.

Development standards for Vesting Tentative Subdivision Map No. 8724 are hereby included as shown in Exhibit "C" attached hereto and made a part of this Ordinance.

Section 7.

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 8.

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 13th day of April 2004, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the _ day of _ 2004, by the following vote:

Exhibits:
"A" – Map of area to be rezoned
"B" – Legal description of area to be rezoned
"C" – Development standards for PD-66

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO.
MAP OF AREA TO BE REZONED

EXHIBIT "B" TO
CITY COUNCIL ORDINANCE NO.
LEGAL DESCRIPTION OF AREA TO BE REZONED

EXHIBIT “C” TO
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT STANDARDS FOR PD-59

CHAPTER 17.514
PD-59 (PLANNED DEVELOPMENT NO. 59) ZONE

17.514.001 AUTHORITY, PURPOSE AND INTENT
17.514.002 PERMITTED USES FOR EACH SUBAREA
17.514.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA
17.514.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A
17.514.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B
17.514.006 OTHER REGULATIONS

17.514.001 AUTHORITY, PURPOSE, AND INTENT.

The authority, purpose and intent for the adoption of the PD-59 (Planned Development 59) Zone are as follows:

A. Authority: PD-59 is adopted pursuant to the authority set fourth in Chapter 17.450, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. Purpose: The purpose of the PD-59 Zone is to permit and regulate the orderly development of the area shown as Exhibit “A” in accordance with the Brentwood General Plan for a maximum of 84 lots. The PD-59 area is divided into two (2) subareas as shown in Exhibit “B” which is attached to this ordinance and incorporated herein by reference.

C. Intent: The zoning district is intended to provide a neighborhood with a mix of single family homes on various lots sizes, recreational amenities and open space in conformance with the adopted General Plan.

17.514.002 PERMITTED USES FOR EACH SUBAREA

SUBAREA A

• Single-family dwelling units.

• Parks, playgrounds, and recreation trails.

• Rooming and Boarding Subject to Section 17.650.003.

• Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.

• Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.

• The keeping of domestic animals or pets subject to Chapter 17.670.

SUBAREA B (Duet Lots)

• Single-family attached dwellings units.

• Accessory facilities or buildings related to the primary use subject to Chapter 17.660

• Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.

• Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.

• The keeping of domestic animals or pets subject to Chapter 17.670.

17.514.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA

SUBAREA A

• Churches and religious institutions and parochial or private schools.

• Nursery, childcare, day care center.

SUBAREA B (Duet Lots)

• Nursery, childcare, day care center.

17.514.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A:

A. Minimum Lot Area: 10,000 square feet

B. Minimum Lot Width: 70 feet except for lots on cul-de-sacs, knuckles or curvilinear streets that shall be 40 feet at the front property line.

C. Minimum Lot Depth: 135 feet

D. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for turned garage and living space, and 12 feet for front porches measured to front of property line.

E. Minimum Side Yard Setback: 8 feet and a total of 20 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.

F. Minimum Rear Yard Setback: 20 feet for main residence and 5 feet for detached living areas.

G. Maximum Building Height: 30 feet and two stories for main residence and 16 feet and one story for detached living areas.

H. Maximum Lot Coverage: 40 percent for main residence and detached living area.

I. Maximum Number of Lots: 80

17.514.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B (DUET LOTS):

A. Minimum Lot Area: 6,000 square feet.

B. Minimum Lot Width: 55 feet.

C. Minimum Lot Depth: 130 feet

D. Minimum Front Yard Setback: 15 feet.

E. Minimum Side Yard Setback: 0 feet and a total of 10 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.

F. Minimum Rear Yard Setback: 0 feet – unit is attached.

G. Maximum Building Height: 30 feet and two stories.

H. Maximum Lot coverage: 45 percent for single story unit; 40 percent for two story units.

I. Maximum Number of Lots: 4

17.514.006 OTHER REGULATIONS:

A. Design and Site Development shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004H.

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

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 provision of Chapter 17.660 with the exception that no feature may project into the maximum front yard setback.

F. The development of this zoning district shall be substantially in accordance with the approved Development Plan. Variations in the Development Plan including street and lot pattern may be approved though the subdivision map process.

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING VESTING TENTATIVE SUBDIVISION MAP NO. 8724, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITGATED NEGATIVE DECLARATION FOR THE SUBDIVISION OF 30.7 ACRES LOCATED SOUTHWEST OF THE INTERSECTION OF NEROLY ROAD AND O’HARA AVENUE INTO 84 RESIDENTIAL LOTS, 1 PARK TOTALING APPROXIMATELY 1.8 ACRES, AND AN OPEN SPACE /TRAIL AREA TOTALING APPROXIMATELY 1.8 ACRES (APN 018-020-002 AND 018-020-003).

WHEREAS, Private Island Homes has requested that the City approve a vesting tentative subdivision map to subdivide 30.7 acres into 84 single-family residential lots and related improvements, located generally southwest of the intersection of Neroly Road and O’Hara Avenue; and

WHEREAS, said map was referred to various public utility companies, public districts, and pertinent City departments for review and recommendation; and

WHEREAS, the applicant has concurrently submitted a rezone application (RZ 03-08) to rezone an approximately 30.7 acre site from R-1-E to PD-59 in order to implement a residential development plan that is consistent with the City’s General Plan and provides unique community amenities; and

WHEREAS, the City Council of the City of Brentwood has considered Rezone Application 03-08 establishing the Planned Development (PD)-59 zone and accompanying development standards, the proposed Vesting Tentative Subdivision Map No. 8724 in accordance with Chapter 16.040 et seq. of the Brentwood Municipal Code; an

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 February 6, 2004, and ended on February 27, 2004, and no comments were received during the review period; 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 Brentwood News on March April 2, 2004, 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 March 16, 2004 and recommended approval of Vesting Tentative Subdivision Map 8724 and the Mitigated Negative Declaration for the project; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on this project at its regular meeting of April 13, 2004; 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 vesting tentative subdivision map as conditioned 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 serious public health problems.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds and determines as follows:

1. That the Mitigated Negative Declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

2. 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 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, this Planning Commission 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 General Plan are adequate for all approvals relating to the project; and

3. 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 Planning Commission has considered all verbal and written comments relating to the Mitigated Negative Declaration and finds no significant new information has arisen.

4. The proposed vesting tentative subdivision map as conditioned is in conformance with the City General Plan and Zoning Ordinance as amended to establish PD-59 because the project will provide a mix of housing types as reflected in DR 03-14, and include related recreational amenities.

5. The proposed vesting tentative map as conditioned is consistent with the City’s density transition policy in that the proposed vesting tentative subdivision map includes lots of a similar size to those approved west of the project site and proposed on the existing parcels east of the site that are presently larger than one acre as per General Plan Land Use Element Policy 2.1.2.

6. The site is physically suitable for the density of development proposed because the project design, as modified, is intended to provide a range housing types at prices affordable to a wide range of households including first-time home buyers who desire recreational amenities within walking distance.

7. This project as one unified development with an affordable housing component that will serve an identified need in providing housing for various economic segments of the community.

NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Brentwood hereby takes the following actions:

1. Approves the Mitigated Negative Declaration prepared for this project and directs City staff to file the Notice of Determination with the County Clerk.

2. Approves Vesting Tentative Subdivision Map No. 8724, effective only upon the date that Rezone No. 03-08 is effective, subject to the conditions of approval listed in Exhibit "A", attached hereto and made a part of this resolution, and all City standards applicable to this project.

3. Approval of Vesting Tentative Subdivision Map No. 8724 shall expire on April 13, 2006, two (2) years from the date of approval, unless a final map is recorded prior to that date or written request for extension is submitted and approved by the Planning Commission prior to the expiration date.

PASSED by the City Council of the City of Brentwood on April13, 2004, by the following vote:

Exhibit:
A – Conditions of Approval
EXHIBIT “A”
CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE SUBDIVISION MAP 8724

1. The Standard Conditions of Approval for Tentative Maps, dated January 2001, are hereby incorporated by reference and shall be satisfied by the Developer, unless modified by any of the conditions below.

2. The Final Map shall be in substantial compliance with the Vesting Tentative Map #8724 prepared by Ruggeri-Jensen-Azar & Associates and dated December 8, 2003 as modified by any of the conditions below.

3. The developer shall revise the Vesting Tentative Map #8724 prepared by Rugger-Jensen-Azar & Associates and dated December 8, 2003 as follows:

a) to indicate a minimum width of Parcel A of 70 feet and

b) to eliminate the proposed median and planter from the proposed cul-de-sac north of Parcel C to allow for safe and efficient access for police, fire, and solid waste equipment to the satisfaction of the City Engineer.

4. The developer shall comply with the City’s Affordable Housing Ordinance in place at the time of building permit issuance. Compliance shall include the provision of affordable housing units on site and/or alternate available compliance arrangements acceptable to the City. The developer shall enter into an affordable housing compliance agreement with the City prior to the recordation of the final map. The distribution of the affordable units on the project site shall be submitted to the Community Development Director for review and approval prior to recordation of the final map.

5. The developer shall notify all purchasers of homes or lots, either through the Department of Real Estate Subdivision Report, if there is no Subdivision Report, through a statement signed by each buyer and submitted to the City, that the Union Pacific Railroad (UPR) tracks lie west of the project site, and that over time these facilities may see a substantial increase in daily train volumes. The developer shall also notify prospective buyers in writing about the presence of petroleum pipelines lines located within the UPR right-of-way west of the project. The notification language shall be submitted for review and approval to the Community Development Department prior to recordation of the first final map.

6. The developer shall inform and notify prospective buyers in writing as prescribed by the City’s Right to Farm Ordinance, prior to purchase, about existing and on-going agriculture activities in the immediate area in the form of a disclosure statement. The notifications shall disclose that the Brentwood area is an agriculture area subject to ground and aerial applications of chemical and early morning or nighttime farm operations which may create noise, dust, et cetera. The language and format for the disclosure statement shall be obtained from the Community Development Department prior to recording the first final map. Each disclosure statement shall be acknowledged with the signature of each prospective property owner prior to occupancy.

7. The developer shall notify prospective buyers in writing about the presence of Freedom High School and the likelihood of periodic evening events or activities that may generate light and glare and noise affecting the project site. The notification language shall be submitted for review and approval to the Community Development Department prior to recordation of the first final map.

8. 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 obtained prior to any plan approval, excluding grading plans.

9. If and as required, the developer shall relocate East Contra Costa Irrigation District (ECCID) facilities to the satisfaction of the City Engineer and ECCID. This relocation shall be the financial responsibility of the developer.

10. The design of street improvements shall incorporate traffic calming features per the vesting tentative map and to the satisfaction of the City Engineer. These improvements will be the developer’s financial responsibility.

11. 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.

12. At the time of final map submittal, the developer shall submit a worksheet containing lot sizes, fee per lot subtotal and total fee required, along with lot closure calculations for review by the Contra Costa County Flood Control and Water Conservation District. Final construction plans for Parcels A, B, and C shall also be included with the submittal.

13. The developer shall pay the regional drainage fees and the sub-regional drainage fees as required by Contra Costa County Flood Control and Water Conservation District and the City Engineer prior to recordation of the first final map.

14. The developer shall pay its fair share of costs for the installation of a traffic signal at Lone Tree Way / Medallion Drive to the satisfaction of the City Engineer.

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

16. The developer shall coordinate with property owners along the western, eastern, and southern property lines of this subdivision for any improvements to the satisfaction of the City Engineer.

17. The developer shall install master planned facilities where applicable to the satisfaction of the City Engineer. A portion of these improvements may be fee creditable per the City Development Fee Program.

18. 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.

19. 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.

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

21. Prior to issuance of a grading permit for project development, the applicant/developer shall submit a grading plan to the City Engineer for approval, which reflects the recommendations of a final Geologic and Geotechnical study including construction procedures and/or design criteria. Construction plans submitted to the City Engineer shall conform to the City of Brentwood Engineering Design Standards and include specifications necessary to minimize potential impacts resulting from soils conditions of the project site. The City Engineer or his representative shall verify in the field that all conditions have been satisfied.

22. The developer shall comply with all NPDES requirements.

23. The developer shall relinquish all access rights along Neroly Road on the final map to the satisfaction of the City Engineer.

24. 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.

25. The developer shall pay its fair share for a downstream oil/water separator or other storm water pollution prevention measure prior to final map approval to the satisfaction of the City Engineer.

26. The pocket park, trails, street and open space landscape areas shall be designed and built by the developer to the satisfaction and approval of the Director of Parks and Recreation.

27. The developer shall revise the project plans to eliminate the proposed median and traffic circle within the proposed cul de sac north of Parcel C.

28. Parcels A, B, and C and all landscaped streetscapes shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 42nd building permit and prior to the issuance of any building permit for any contiguous lot.

29. Parcels A, B, and C and all landscaped streetscapes shall be maintained by the developer, at the developer’s expense, until subdivision acceptance. After subdivision acceptance, these areas will be maintained by the City and maintenance costs will be paid by the subdivision’s Lighting and Landscape District or other acceptable City financing mechanism.

30. Installation of a four-foot (4’) fence, along Parcel A at Neroly Road, may be required to the satisfaction of the Director of Parks and Recreation.

31. Prior to recordation of any final map, the developer shall submit a fencing plan design for the Neroly Road sound wall and pocket park perimeter fencing for review and approval by the Planning Commission Design Sub-committee.

32. The southern boundary of Parcel A shall be fenced with a 6 foot high masonry sound wall, to the satisfaction of the City Engineer and Director of Parks and Recreation prior to issuance of the first building permit.

33. All sound walls shall be built within the City right-of-way and be included in the subdivision’s Landscape and Lighting District. The sound wall plans and specifications shall be submitted for review and approval by the Community Development Department and the Parks and Recreation Department prior to issuance of the 1st building permit.

34. Park Parcel C will be maintained by the developer, at the developer’s expense until subdivision acceptance. After subdivision acceptance, this area will be maintained by the City through the Citywide Park Tax District, with costs that exceed the maximum rate, to be paid by the subdivision’s Lighting and Landscape District.

35. Parcels A and B and all landscaped streetscapes are not fee creditable and will be maintained by the developer until subdivision acceptance. After subdivision acceptance, these areas will be maintained by the City and will be paid by the subdivision’s Lighting and Landscape District.

36. Park Parcel C improvements will be fee creditable per the City’s Development Fee Program.

37. All hardscape surfaces for trails will be constructed concurrent with street improvements, to the satisfaction of the City Engineer and Director of Parks and Recreation.

38. The developer shall comply with the Public Art Ordinance as adopted by City Council.

39. Tree species used throughout the project shall conform to the City of Brentwood Urban Forest Guidelines. Street trees shall be a minimum size of 24” box in order to facilitate establishment of a street tree canopy.

40. The developer shall pay its fair share of a traffic signal, if required, at the intersection of Atherton Boulevard and O’Hara Avenue to the satisfaction of the City Engineer.

41. Developer shall present to the Parks and Recreation Director for approval, conceptual designs for all parks and landscape areas prior to final map approval.

42. Developer shall construct a concrete masonry wall around Park Parcel C to mitigate the impact of the homes on the parksite to the satisfaction of the Parks and Recreation Director and the City Engineer.

43. The developer shall identify park and trail locations within the subdivision with signage, prior to and through construction, to the satisfaction of the Director of Parks and Recreation.

44. The developer shall retain and protect during construction tree No. 125 and tree No. 127, as identified in the Joseph McNeil, Consulting Arborist report dated July 17, 2003, to the satisfaction of the Parks and Recreation Director and based on the recommendations of the arborist report.

45. The developer shall remove and mitigate, to the satisfaction of the Parks and Recreation Director, tree Nos. 119, 140, 130, 129, 135, 136, 122, and 123 as identified in the arborist report. The appropriate tree mitigation shall be reflected in the TSM 8724 park and trail construction documents.

46. All mitigation measures contained in the Magnolia Ranch Mitigation Monitoring Plan are hereby incorporated by reference as conditions of approval for this project.

47. A signed copy of this resolution with all conditions of approval shall be shown on the project building plans.

48. If not constructed by others, the developer shall design and construct the westerly extension of Atherton Boulevard from O’Hara Avenue to the project site prior to issuance of any building permit to the satisfaction of the City Engineer. Improvements include but are not limited to minimum 28’ wide pavement section with 5’ graded shoulders, wet and dry utilities, signing, and striping.

49. Secondary access to Lone Tree Way, Neroly Road, or O’Hara Avenue shall be provided to the satisfaction of the City Engineer prior to issuance of the 26th building permit. If a secondary access has not been constructed by adjacent development, developer shall acquire right-of-way, design and construct a secondary access to the project site from Lone Tree Way, Neroly Road, or O’Hara Avenue prior to the 26th building permit. Improvements include but are not limited to minimum 28’ wide pavement section with 5’ graded shoulders, wet and dry utilities, signing, and striping. The design and construction shall be coordinated with adjacent development and property owners.

50. A third access to the project from Lone Tree Way, Neroly Road, or O’Hara Avenue shall be provided to the satisfaction of the City Engineer prior to issuance of the 76th building permit. If a third access has not been constructed by adjacent development, developer shall acquire right-of-way, design and construct a third access to the project site from Lone Tree Way, Neroly Road, or O’Hara Avenue prior to the 76th building permit. Improvements include but are not limited to minimum 28’ wide pavement section with 5’ graded shoulders, wet and dry utilities, signing, and striping. The design and construction shall be coordinated with adjacent development and property owners.

51. Developer shall pay its fair share of the traffic signal installations at the intersections of Neroly Road/Empire Avenue, and O’Hara Avenue/Neroly Road prior to approval of the first final map to the satisfaction of the City Engineer.

52. Developer shall construct Neroly Road along the northerly project frontage prior to issuance of the first building permit, excluding model homes, to the satisfaction of the City Engineers of the City of Oakley and the City of Brentwood.

53. The developer shall install the master planned water transmission facilities along Neroly Road frontage to the satisfaction of the City Engineer concurrent with the Neroly Road improvements. A portion of these improvements may be fee creditable per the City Development Fee Program.

54. Parcels “A”, “B”, and “C” shall be dedicated in fee to the City of Brentwood on the final map. Parcel “A” shall be of sufficient width to provide a minimum 70’ buffer zone between Brentwood and Oakley. These parcels shall be improved to the satisfaction of the City Engineer and the Parks and Recreation Director, and the timing of these improvements shall be consistent with the Parks and Recreation Department’s conditions of approval contained herein and shall be to the satisfaction of the Parks and Recreation Director. Maintenance of these improvements shall be included in the Landscaping and Lighting District for this project.

55. Street improvements shall incorporate traffic calming features to the satisfaction of the City Engineer.

56. Prior to approval of any final map, grading permits or project improvement plans, the developer shall record or cause to be recorded a permanent farmland conservation easement deed restriction on 10 acres of agricultural land acceptable to the Brentwood Agricultural Land Trust and City of Brentwood. The 10-acre site must be located in the Transferable Agricultural Credit (TAC) sending area established under the City’s Agricultural Enterprise Program. The TAC transaction shall be carried out in accordance with Chapter 17.730 of the Municipal Code.
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov