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CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: April 26, 2005

Subject/Title: A Rezone and creation of development standards for an approximate 33- acre site, and a Vesting Tentative Subdivision Map to subdivide the site into 84 single-family residential lots (Sterling Preserve III) and four remainder parcels, located north of Grant Street, on both sides of O’Hara Avenue.

Prepared by: E. Nolthenius, Senior Planner

Submitted by: H. Sword, Director, Community Development Department

RECOMMENDATION
1. Introduce and waive the first reading of an Ordinance approving RZ 05-01 with the adoption of specific development standards for the project site.

2. Pass a Resolution approving VTSM 8875 and an exception to the density transition policy, and approving the Mitigated Negative Declaration for the project.

PREVIOUS ACTION
The City Council approved an RGMP allocation for 84 units on the project site at its meeting of November 9, 2004. The Planning Commission recommended approval of RZ 05-01 and VTSM 8875 at its meeting of April 5, 2005.

BACKGROUND
At its meeting of April 5, 2005, the Planning Commission considered this request to rezone the project site from R-1-10 to PD-60 with the adoption of specific development standards, and a vesting tentative subdivision map subdividing the site into 84 single-family residential lots and four remainder parcels. At that meeting, the Commission passed Resolution No. 05-19, unanimously recommending that the City Council approve the rezone and vesting tentative subdivision map. There was discussion regarding a few recommended conditions of approval, but the Planning Commission and staff have worked with the applicant to resolve all outstanding issues.

The project site consists of five parcels totaling approximately 33 acres bounded by existing single-family residences on the north, two undeveloped properties on the east, the EBMUD Aqueduct and the Grant Street extension on the south, and a single-family residential subdivision (Sterling Preserve II) on the west. Approximately ¼ mile to the north is Lone Tree Way. Approximately 700 feet to the east is a proposed 240-lot single-family residential subdivision (Prewett Ranch). Across the Grant Street extension to the south is an approved 311-lot single-family residential subdivision (Terreno). Just west of the site is the Union Pacific Railroad tracks.

The project site is zoned R-1-10, while the General Plan designates the site Low Density Residential (L), with a mid-range of 3 du/ac (dwelling units per acre). The applicant is proposing a density slightly below the mid-range, at 2.7 du/ac. The applicant is proposing to establish the following primary development standards for the subdivision:

• Minimum lot size – 9,000 square feet

• Minimum front yard – 20 feet (15 feet for porches)

• Minimum rear yard – 15 feet for all single-story elements and 20 feet for all two-story elements

• Minimum side yard – 10 feet

• Maximum building height – 2 stories not to exceed 30 feet

• Maximum lot coverage – 45% for single-story plans and 40% for two-story plans

Based on the environmental 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 project, as designed, does not meet some of the requirements of the R-1-10 Zone (most importantly the minimum lot size of 10,000 square feet, as referenced in the analysis for the subdivision map that follows). The applicant is thus requesting a rezone of the project site and the establishment of development standards to accommodate the design of the project, with lots less than 10,000 square feet in size. The adjacent PD-60 Zone regulates development within the Sterling Preserve II subdivision (TSM 8546), which was approved by the City Council on October 8, 2002. Since this project, known as Sterling Preserve III, is an extension of Sterling Preserve II, staff recommends that the two subdivisions be identified as Subarea “A” and Subarea “B” of PD-60.

Four parcels will be created in addition to the 84 single-family residential lots. Parcel A is 1.4 acres for a neighborhood park that is located in the southeast quadrant of the project site, directly south of Lots 72 and 80. In addition, three remainder parcels will be created for existing residences (Hoyle, Dominguez, and Drummond). The Hoyle parcel is 2.1 acres and is located along the west side of O’Hara Avenue, directly east of Lots 10-15. The Dominguez parcel is 2.34 acres and is located directly south of the Hoyle parcel. The Drummond parcel is 0.9 acre and is located in the northeast corner of the project site, directly north of Lots 52-55.

The project site is bisected east and west by the extension of O’Hara Avenue. The subdivision will be accessed from five points, including three on the west side of O’Hara Avenue (the extension of Star Lilly Street, the extension of Peregrine Street, and ‘A’ Court) and two on the east side of O’Hara Avenue (‘B’ Street and ‘D’ Street). The three existing residences to remain will be accessed via O’Hara Avenue (Hoyle and Dominguez) and ‘B’ Street (Drummond).

The proposed lot sizes (not including the three remainder parcels) provide a mix that ranges from a minimum of 9,093 square feet (Lot 2) to a maximum of 14,959 square feet (Lot 27), with the average being 10,213 square feet. Staff has reviewed the map with respect to the proposed development standards and has determined that it is consistent with those standards.

The project requires compliance with the City's density transition policy as outlined in the General Plan, which 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 requires that the map be reviewed and approved by the City Council. In addition, the policy allows exceptions to the required lot size, under certain circumstances and 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.

The areas in question for the proposed project are at the northeast corner (Lots 48 and 49), along the east boundary (Lots 55-67), and adjacent to the Madrid property (Lots 1, 19-25, and 37-41). The first area (north of Lots 48 and 49) is designated Low Density Residential by the General Plan and is zoned R-1-10, both of which would permit similar lot sizes to those being proposed in the subdivision. The second area (east of Lots 55-67) is designated Very Low Density Residential by the General Plan and is zoned R-1-E, both of which would permit minimum lot sizes of 14,500 square feet. The third area (the Madrid property) is designated Low Density Residential by the General Plan and is zoned R-1-10, both of which would permit similar lot sizes to those being proposed in the subdivision.

Staff has not received any correspondence from the respective owners of these properties objecting to the proposed lot sizes, although Mercedes Madrid submitted a letter subsequent to the Planning Commission meeting that is attached for the Council’s review. Ms. Madrid is requesting that a masonry wall with a wrought iron gate providing access to O’Hara Avenue be installed, as well as a masonry wall along the west boundary of her property (adjacent to the Sterling Preserve II subdivision). Staff does not believe that installation of the wall is warranted at either location, since access to and from the property is provided by O’Hara Avenue and the new homes in Sterling Preserve II will be separated from the property by the City standard wood fence. It should also be noted that each of the affected property owners has been notified of the project 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.

FISCAL IMPACT
The applicant is 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
Letter

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 05-01) FROM R-1-10 TO PD-60 WITH THE ESTABLISHMENT OF SPECIFIC DEVELOPMENT STANDARDS FOR AN APPROXIMATE 33-ACRE SITE, LOCATED NORTH OF GRANT STREET, ON BOTH SIDES OF O’HARA AVENUE (APN’S 018-090-011, 013, AND 019; 018-110-006 AND 007).

WHEREAS, Meritage Homes has requested that the City approve a rezone from R-1-10 to PD-60, a vesting tentative subdivision map to subdivide an approximate 33-acre site into 84 single-family residential lots and four remainder parcels, and a design review for eight house plans, located north of Grant Street, on both sides of O’Hara Avenue; and

WHEREAS, on April 5, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 05-19, which recommended approval of the rezone and vesting tentative subdivision map; and

WHEREAS, the Planning Commission concurrently reviewed and conditionally approved the design review; 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 March 11, 2005, and ended on March 30, 2005, 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 Press on March 11, 2005, and again on April 15, 2005, 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 26, 2005, 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. The site is physically suitable for the type and the density of development proposed; and

2. The design of the subdivision is not likely to cause serious public health problems; and

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

4. 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. 8875; and

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

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

7. The subdivision will generate a level of traffic that can be accommodated by the public circulation system, existing or planned; and

8. 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

9. 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 or combination of zones; and

10. 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 development; and

11. 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 adequate landscaping and/or screening is included if necessary to ensure compatibility; and

12. The natural and scenic qualities of the site are protected, with adequate available public and private open spaces designated on the development plan; and

13. 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, and with any applicable Specific Plan adopted by the City.

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.

The approximate 33-acre site, as shown on Exhibit "A" to this Ordinance, is hereby rezoned from R-1-10 to PD-60 for single-family residential development.

Section 3.

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

Section 4.

Chapter 17.515 of the Brentwood Municipal Code is hereby amended for the purpose of regulating certain real property and establishing development standards for Vesting Tentative Subdivision Map No. 8875, as shown on Exhibit "B" to this Ordinance.

Section 5.

Chapter 17.515 is hereby known as the Planned Development No. 60 Zone.

Section 6.

Development standards for Vesting Tentative Subdivision Map No. 8875 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 26th day of April 2005, by the following vote:

Attachments:
Exhibit A
Exhibit B
Exhibit C

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
VESTING TENTATIVE SUBDIVISION MAP NO. 8875

CHAPTER 17.515
PD-60 (PLANNED DEVELOPMENT NO. 60) ZONE
SUBAREA “B”

MERITAGE HOMES (VTSM 8875) – STERLING PRESERVE III

17.515.012 GENERAL DEVELOPMENT STANDARDS

All permitted and conditionally permitted uses developed within the PD-60 Zone, Subarea “B”, shall comply with the following regulations:

A. Minimum Lot Size: 9,000 square feet

B. Minimum Lot Width: 75 feet

C. Minimum Lot Depth: 120 feet, except that lots on cul-de-sacs shall have a minimum depth of 105 feet

D. Minimum Lot Frontage: 35 feet at the front property line for lots on cul-de-sacs, knuckles, or curvilinear streets

E. Minimum Front Yard Setback: 20 feet (15 feet for porches)

F. Minimum Side Yard Setback: 10 feet

G. Minimum Rear Yard Setback: 15 feet for single-story elements and 20 feet for two-story elements

H. Maximum Building Height: 30 feet and 2 stories

I. Corner Lot Fence Setback: 5 feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of the Brentwood Municipal Code

J. Side-Entry Garage: 10% of the lots shall have side-entry garages

K. A minimum of 35% of the lots shall have single-story units at the time of initial construction

L. 50% of the corner lots shall have single-story units at the time of initial construction

M. Maximum Lot Coverage: 45% for single-story plans and 40% for two-story plans

N. Maximum Number of Primary Dwelling Units: 87
CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A VESTING TENTATIVE SUBDIVISION MAP (VTSM 8875) TO ALLOW THE SUBDIVISION OF AN APPROXIMATE 33-ACRE SITE INTO 84 LOTS FOR SINGLE-FAMILY RESIDENTIAL USE AND FOUR REMAINDER PARCELS, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED NORTH OF GRANT STREET, ON BOTH SIDES OF O’HARA AVENUE (APN’S 018-090-011, 013, AND 019; 018-110-006 AND 007).

WHEREAS, Meritage Homes has requested that the City approve a rezone from R-1-10 to PD-60 and a vesting tentative subdivision map to subdivide approximately 33 acres into 84 single-family residential lots, four remainder parcels, and related improvements located north of Grant Street, on both sides of O’Hara Avenue; and

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 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 March 11, 2005, and ended on March 30, 2005, 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 Press on March 11, 2005, and again on April 15, 2005, 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 April 5, 2005, and passed Resolution No. 05-19 recommending approval of Vesting Tentative Subdivision Map No. 8875; 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 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; and

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

6. Since the adjacent properties designated as APN’s 018-090-012, 018-100-037, 018-110-004, and 018-110-008 are designated for Low Density Residential and Very Low Density Residential development, and no correspondence has been received from the owners of said properties objecting to the 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. The proposed subdivision complies with the modified Density Transition Policy in the General Plan in that adjacent properties affected are zoned to allow the creation of similar sized lots.

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 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 for the 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 FURTHER RESOLVED that the City Council of the City of Brentwood does hereby take the following actions:
1. Adopts and certifies the Mitigated Negative Declaration prepared for this project; and

2. Directs City staff to file the Notice of Determination with the County Clerk; and

3. Approves Vesting Tentative Subdivision Map No. 8875, effective only upon the date that Rezone No. 05-01 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; and

4. Approves the density transition from the required minimum 20,000 square foot lots to 9,000-plus square foot lots adjacent to APN's 018-090-012, 018-100-037, 018-110-004, and 018-110-008 due to the fact that the referenced properties are designated and zoned for lot sizes similar to those in the proposed subdivision.

NOW, THEREFORE, BE IT FURTHER RESOLVED that this vesting tentative subdivision map is valid for two years and will expire on April 26, 2007, 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 April 26, 2005, by the following vote:

Attachments:
Exhibit A
Exhibit B

EXHIBIT "A" TO
CITY COUNCIL RESOLUTION NO.
VESTING TENTATIVE SUBDIVISION MAP NO. 8875

EXHIBIT "B" TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE SUBDIVISION MAP NO. 8875

1. All applicable Standard Conditions of Approval for Tentative Subdivision Maps, dated 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 Vesting Tentative Subdivision Map No. 8875 prepared by Carlson, Barbee & Gibson, Inc., date stamp received March 25, 2005.

3. Staff shall ensure that the subdivision complies with all improvements identified in the RGMP allocation approved by the City Council on November 9, 2004.

4. The developer shall comply with the City’s Affordable Housing Ordinance in place at the time of final map approval, and execute an affordable housing compliance agreement with the City prior to approval of the final map.

5. The developer shall enter into an agreement with ECCID for the abandonment or replacement of affected District pipelines and facilities, and the transfer of right-of-way interests to accommodate the development and the relocation of the District’s facilities.

6. Any and 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.

7. All parks, trails, pass-thrus, 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.

8. Parcel A shall be dedicated, in fee, to the City of Brentwood on the final map to the satisfaction of the City Engineer. Said parcel shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to issuance of the 43rd building permit. All parks, trails, street, and open space landscape areas shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to issuance of any building permit for any contiguous lot.

9. All parks, trails, pass-thrus, street, and open space landscape areas 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 will be paid by the subdivision’s Lighting and Landscape District or other acceptable City financing mechanism.

10. The developer shall comply with the Public Art program as approved by the City.

11. Park improvements will be fee creditable per the City’s Development Fee Program.

12. The developer shall present to the Director of Parks and Recreation for approval, conceptual designs for all parks and landscape areas prior to final map approval.
13. All trees will be selected and planted as per the City’s Urban Forest Guidelines.

14. 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.

15. Typical front yard and street tree plans shall be submitted to the Parks and Recreation Department for review and approval prior to issuance of any building permit, excluding model homes.

16. The developer shall construct a soundwall along the south boundary of the subdivision and a paved trail within the Contra Costa County Flood Control & Water Conservation District right-of-way, to the satisfaction of the City Engineer and the Director of Parks and Recreation. Said improvements shall be complete prior to issuance of the 43rd building permit, shall be at the developer’s expense, and shall not be reimbursable by the City.

17. The developer shall construct a pedestrian bridge at the south boundary of the subdivision over the Contra Costa County Flood Control & Water Conservation District right-of-way, to the satisfaction of the City Engineer and the Director of Parks and Recreation. Said improvement shall be complete prior to issuance of the 43rd building permit, shall be at the developer’s expense, and shall not be reimbursable by the City.

18. Prior to final map approval, the City Engineer and the Director of Parks and Recreation shall verify that irrigation and landscaping on Fairview Avenue, south of Lone Tree Way, has been completed in accordance with the RGMP allocation for this project. The cost of said improvements is $53,900, and shall not be reimbursable by the City.

19. The developer shall provide an upsized water main (20”) in O’Hara Avenue along the project frontage, to the satisfaction of the City Engineer. Said improvement shall be reimbursable per the City’s Development Fee Program.

20. The improvement plans shall reflect traffic calming features and paved surfaces with a high albedo (reflectivity), to the satisfaction of the City Engineer, in accordance with the RGMP allocation for this project.

21. The developer shall dedicate, in fee, to the City of Brentwood on the final map ultimate right-of-way for O’Hara Avenue along the Hoyle (APN 018-090-019) and Dominguez (APN 018-090-011) remainder parcels, to the satisfaction of the City Engineer.

22. The developer shall design and construct O’Hara Avenue from the northerly project boundary to Grant Street as a modified two-lane arterial with full improvements to the satisfaction of the City Engineer. Improvements include, but are not limited to, soundwalls, a 16-foot median, two travel lanes, structural protection of the EBMUD aqueduct, a culvert crossing of the CCCFC&WCD drainage channel, bike lanes, median and parkway landscaping, meandering sidewalk, utilities, street lights, signing, and striping. The developer shall be responsible for the procurement of the necessary license agreement and easement with EBMUD and the CCCFC&WCD to the satisfaction of the City Engineer. The timing shall be as follows:

• O’Hara Avenue along the project frontage shall be completed prior to building permit issuance, excluding model homes, to the satisfaction of the City Engineer

• O’Hara Avenue from the south project boundary to Grant Street shall be completed prior to issuance of the 26th building permit, excluding model homes, to the satisfaction of the City Engineer

23. The ‘A’ Court access to O’Hara Avenue shall be temporary. The developer shall deposit sufficient funds with the City to design and construct the abandonment of this access prior to any final map approval to the satisfaction of the City Engineer.

24. The developer shall acquire the necessary right-of-way on the Madrid parcel (APN 018-090-012) to accommodate a temporary turnaround facility for ‘A’ Court or incorporate a turnaround facility into the project, to the satisfaction of the City Engineer.

25. The developer shall design and construct ‘B’ Street from O’Hara Avenue to the east property line of the Drummond remainder parcel as a half-width residential street with full improvements along the project frontage (including the Drummond remainder parcel) and 12-foot lane with a minimum 4-foot graded shoulder along the north side, to the satisfaction of the City Engineer.

26. The developer shall design and construct a 12” water line within ‘A’ Court and ‘B’ Street, to the satisfaction of the City Engineer.

27. The developer shall relinquish access rights, except approved access locations, along O’Hara Avenue on the final map, to the satisfaction of the City Engineer.

28. All storm drain inlets (on and off-site) shall be labeled "No Dumping - Drains To Creek" with thermoplastic pavement markings. Thermoplastic stencils may be purchased through the Public Works Department.

29. The developer shall install or 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.

30. The developer shall process a lot line adjustment along the rear lot line of Lot 27, as and when required by the City Engineer.

31. The developer shall coordinate the design and construction of improvements for O’Hara Avenue with the developer of VTSM 8788, to the satisfaction of the City Engineer.

32. The developer shall form or annex into a street lighting and landscape maintenance assessment district for maintenance of all public street lights and landscaping within or adjacent to the project prior to final map approval.

33. The developer shall form or annex into the most current 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.

34. Prior to acceptance of street improvements by the City, the developer shall install any additional traffic features, signs, striping, and pavement markings determined necessary by the City Engineer after inspection of the final physical improvements to ensure safe traffic operation.

35. The developer shall provide utility stubs for the existing adjacent parcels, to the satisfaction of the City Engineer.

36. The developer shall pay sewer and water connection fees for the three remainder parcels (Hoyle, Dominguez, and Drummond).

37. The developer shall relocate the existing and proposed PG&E easement outside of the enclosed residential lot areas to the satisfaction of the City Engineer, if feasible.

38. A portion of the Master Plan Infrastructure constructed as a part of this development is fee creditable per the current Development Fee Program. Calculations of the exact fee credits will be prepared by the office of the City Engineer at the time of construction of this project. Credits will be based on the Development Fee Program in effect at the time of fee credit calculation as adopted by the City Council.

39. In conjunction with development of the proposed project, the developer shall shield all on-site lighting so that it is directed within the project site and does not illuminate adjacent properties or public rights-of-way. A Street Lighting Plan shall be approved by the Engineering Department in conjunction with approval of improvement plans.

40. Prior to final map approval, the developer shall comply with the City Council adopted Agricultural Enterprise Program in order to mitigate the potential significant impact of the proposed project on the loss of farmland. The developer shall pay the adopted City fee for mitigation of lost farmland in effect at the time of approval.

41. Prior to grading permit issuance, and within 30 days of grading activity, the developer shall have pre-construction surveys conducted by a qualified biologist for burrowing owls, Swainson’s hawks, and any other candidate, sensitive, or special status species on the site. The surveys shall be prepared in accordance with standards established by the California Department of Fish & Game (CDFG), and shall be submitted to the Community Development Department and CDFG for review and approval. Should any such species be discovered, appropriate mitigation measures shall be incorporated to the satisfaction of the Community Development Director and CDFG. Mitigation measures could include avoidance of species, relocation of species, modification to the construction schedule, etc.

42. If storm drain outfalls into the adjacent Contra Costa County flood control channel are required, a Streambed Alteration Agreement shall be obtained from CDFG, pursuant to Section 1600 of the California Fish & Game Code. If required, the developer shall coordinate with CDFG in developing appropriate mitigation, and shall abide by the conditions of any executed permits.

43. The grading plan shall identify all trees within the project site, as referenced in the tree survey prepared by LSA Associates, Inc. All trees identified by the survey to be in “good” condition shall be preserved, to the satisfaction of the Community Development Director, and shall be identified on the grading plan. Appropriate protective measures shall be taken to ensure preservation during grading activity. Any tree in “good” condition that is not able to be saved shall be replaced to the satisfaction of the Community Development Director. Removal of any tree, regardless of its condition, shall be done outside of the raptor nesting season (September 1 through February 1) or a nesting raptor survey shall be prepared immediately prior to removal. If an active nest is found, removal shall be delayed until the young fledge. Said survey shall be submitted to the Community Development Department for review and approval.

44. Prior to grading permit issuance, the developer shall submit plans to the Community Development Department for review and approval which indicate (via notation) that if cultural resources are encountered during site grading or other site work, all such work shall be halted within 50 feet of the discovery and the developer shall immediately notify the Community Development Department of the discovery. In such case, the developer shall be required, at its 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. No further grading or site work within the area of discovery will be allowed until the preceding work has occurred.

45. All buildings shall be constructed in accordance with the applicable requirements of the Uniform Building Code, as well as all other applicable building codes and State laws. All buildings shall be engineered by an independent structural engineer and constructed to meet or exceed the legal requirements for seismic safety. All recommendations in the Geotechnical Exploration prepared by ENGEO Incorporated (December 2, 2003) shall be followed by the developer and incorporated into the project design, to the satisfaction of the City Engineer and the Chief Building Official.

46. Prior to grading permit issuance, the developer shall submit a grading plan to the City Engineer for approval. If the grading plan differs significantly from the proposed grading illustrated on the approved vesting tentative subdivision map, a map that is consistent with the new revised grading plan shall be provided for review and approval by the City Engineer.

47. Any application for a grading permit shall include an erosion control plan. This plan shall identify protective measures to be taken during construction, supplemental measures to be taken during the rainy season, permanent methods of revegetation following completion of construction, 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.

48. During construction, the developer shall not leave disturbed areas not actively under construction exposed during the rainy season.

49. Prior to approval of final facilities design, the City Engineer shall review plans for drainage and storm water runoff control systems and their component facilities to ensure that these systems and facilities are non-erosive in design.

50. No grading, soil disturbance, or compaction shall occur during periods of rain or on ground that contains free 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 limits approved by the Soil Engineer. Approval by the Soil Engineer shall be obtained prior to continuing grading operations.
51. Prior to grading permit issuance, a Comprehensive Grading Plan shall be submitted to the City Engineer that reflects the recommendations of the final Geotechnical Study. All recommendations of the final Geotechnical Study and City Engineer shall be incorporated into the grading plan as a condition of the project grading permit and verified in the field by the City Engineer or his representative.

52. Prior to the demolition of any structure within the project site, the developer shall conduct an asbestos survey. If the survey reveals asbestos within the structure, the developer shall prepare an asbestos abatement plan for the review and approval of the Chief Building Official prior to the issuance of a demolition permit for the structure.

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

54. Prior to grading permit issuance, the developer shall submit to the City Engineer for review and approval a Drainage Master Plan that implements BMPs to control quality of storm water runoff. The plan shall describe how on-site drainage systems will be designed to compensate for the reduced water absorption capacity of the site and to prevent flooding of adjacent properties. The plan must ensure that all storm water entering or originating within the project site shall be conveyed, without diversion of the watershed, to the nearest adequate natural watercourse or adequate man-made drainage facility.

55. 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 grading permit issuance.

56. Contra Costa County Flood Control & Water Conservation District drainage fees for the Drainage Area shall be paid prior to final map approval.

57. 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 prior to building permit issuance.

58. The improvement plans shall indicate concentrated drainage flows not crossing sidewalks or driveways for the review and approval of the City Engineer prior to grading permit issuance.

59. The developer shall ensure that each lot or parcel shall drain into a street, public drain, or approved private drain in such a manner that there will be no undrained depression. Satisfaction of this measure shall be subject to the approval of the City Engineer.

60. Prior to grading permit issuance, the developer shall secure all necessary permits from the Contra Costa County Flood Control & Water Conservation District (District) for the outfall and any other work within the District’s right-of-way. Additional permitting from the Army Corps of Engineers, the California Department of Fish and Game, and the California Regional Water Quality Control Board may be required.

61. Construction activities shall be limited to the hours set forth by the City Engineer and the Chief Building Official. Construction shall be prohibited on Sundays and City holidays. These criteria shall be included in the grading plan submitted by the developer for review and approval of the Community Development Director prior to grading permit issuance. Exceptions to allow expanded construction activities shall be reviewed on a case-by-case basis as determined by the Chief Building Official and/or City Engineer.

62. All construction 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. These criteria shall be included in the grading plan submitted by the developer for review and approval of the Community Development Director prior to grading permit issuance.

63. Prior to building permit issuance, the developer shall participate in a Capital Improvement Financing Program.

64. The Police Department shall review the design plans for this project prior to building permit issuance in order to ensure that the site plan incorporates appropriate crime prevention features.

65. Prior to building permit issuance, the developer shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the East Contra Costa Fire Protection District (ECCFPD). The Chief Building Official shall review the building plans to ensure compliance.

66. Prior to building permit issuance, the developer shall provide an adequate and reliable water supply for fire protection with a minimum fire flow of 2,000 gallons per minute (GPM). The required fire flow shall be delivered from not more than two fire hydrants flowing simultaneously while maintaining 20 pounds of residual pressure in the main. The City Engineer shall ensure the minimum fire flow requirements are satisfied.

67. Prior to final map approval, the developer shall provide the number and type of hydrants called for by the ECCFPD. Hydrant locations will be determined by the ECCFPD prior to encroachment and/or building permit issuance.

68. Prior to construction, the developer shall provide access roadways having all-weather driving surfaces of not less than 20' of unobstructed width, and not less than 13'6" of vertical clearance, to within 150' of travel distance to all portions of the exterior walls of every building. Access roads shall not exceed 16% grade, shall have a minimum outside turning radius of 45', and must be capable of supporting imposed loads of fire apparatus (37 tons). The City Engineer shall ensure compliance.

69. Prior to encroachment and/or building permit issuance, the developer (and all subsequent property owners) shall submit plans and specifications to the East Contra Costa Fire Protection District and the City Engineer for review and approval in accordance with codes, regulations, and ordinances administered by the East Contra Costa Fire Protection District and the State Fire Marshal’s office.

70. Prior to building permit issuance, the developer shall submit to the Community Development Department written proof from the Liberty Union High School District and the Brentwood Union School District indicating that appropriate school mitigation fees have been paid.

71. The developer shall pay applicable thoroughfare facility fees (plus any annual increase) in effect at the time of building permit issuance and shall participate in the City’s Capital Improvement Financing Plan (CIFP) to finance necessary roadway infrastructure. In addition, this specific project may be conditioned to pay its fair share of other off-site improvements that are outside the parameters of the CIP.

72. The developer shall secure all necessary permits from the Contra Costa County Flood Control & Water Conservation District (District) and EBMUD for the extension of O’Hara Avenue south of the subdivision boundary and any other work within the right-of-way of said agencies. Additional permitting from the Army Corps of Engineers, the California Department of Fish and Game, and the California Regional Water Quality Control Board may be required.

73. The developer shall be required to connect to the existing Brentwood utility network as well as pay all applicable fees in effect in order to ensure adequate capacity to serve the proposed project, at the time of building permit issuance. Improvement plans indicating conformance to City of Brentwood standards shall be prepared, submitted, and approved by the City Engineer prior to encroachment permit issuance.

74. Prior to grading permit issuance, the developer shall prepare an Erosion Prevention and Dust Control Plan. The plan shall be followed by the grading contractor and submitted to the Public Works and Engineering Departments, which will be responsible for field verification of the plan during construction. The plan shall comply with the City’s grading ordinance and shall include the following control measures and other measures deemed to be necessary for the proposed project:

a. A graveled track at project entryways to remove mud and dirt from vehicles leaving the site shall be provided.

b. Water (or an acceptable soil binder chemical) shall be applied to all disturbed earth surfaces (including earth roads and soil stockpiles). Surface material shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur twice per day with complete coverage, preferably in the late morning and at the completion of work for the day.

c. Permanent soil stabilization measures shall be implemented throughout each phase of construction prior to commencement of grading on successive phases.

d. All clearing, grading, earthmoving, and excavation shall stop during periods of high winds greater than 20 mph over one hour.

e. All material transported off-site shall either be sufficiently watered or securely covered to prevent escape of dust and debris.

f. On-site vehicle speed shall be limited to 15 mph.

g. During rough grading and construction, adjacent public and private roads shall be swept once per day, or as required by the City, to remove silt and construction debris.

h. Unnecessary idling of construction equipment shall be avoided.

i. Equipment engines shall be maintained in proper working condition per manufacturers’ specifications.

j. During periods of heavier air pollution (May to October), the construction period shall be lengthened to minimize the amount of equipment operating at one time.

75. 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 notice shall be posted in a prominent location in the sales office for the subdivision, as well as noted on sales brochures distributed to the prospective purchasers, with a final copy given to the Community Development Department prior to final map approval:

• Current and future use of the Union Pacific Railroad tracks

• Proximity of the elementary school and neighborhood park

• Grant Street leads east to the Sunset Sports Park

• The City of Brentwood has a right-to-farm ordinance, and adjacent properties may be involved with agricultural operations and the keeping of farm animals

76. The developer shall construct a masonry wall along the north and south boundaries of Parcel ‘A’, coinciding with the side property lines of Lots 71, 72, 80, and 81, to the satisfaction of staff.

77. The City Engineer and the Police Department shall evaluate the appropriateness of a median cut in O’Hara Avenue to allow better access for the Dominguez remainder parcel.

78. The developer shall construct a masonry wall along the west boundary of the Hoyle and Dominguez remainder parcels, coinciding with the rear property lines of Lots 10-19, to the satisfaction of staff. 

 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov