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CITY COUNCIL AGENDA ITEM NO. 20

Meeting Date: September 13, 2005

Subject/Title: Consideration of a resolution to certify the Final Environmental Impact Report for the Barrington Project, an Ordinance to amend the Planned Development 46 Zone to establish specific development standards, and a resolution to both subdivide approximately 160 acres for the 494-unit Barrington Development and approve a development agreement.

Prepared by: Winston Rhodes, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Both the Planning Commission and staff recommend that the City Council take the following actions:

1. Pass a resolution certifying the Barrington project Environmental Impact Report and adopting the accompanying Mitigation Monitoring Plan;

2. Introduce and waive first reading of an ordinance approving the amendment to the PD-46 Zoning District;

3. Pass a resolution approving the Tentative Subdivision Map (TSM 8548) and approving the Development Agreement (DA 04-03).

PREVIOUS ACTION
The City Council approved annexation of the project site in 2000. The City Council granted a Residential Growth Management Allocation (RGMP) of 480 units to DeNova Homes on July 13, 2004 for the Barrington project. This item was scheduled for consideration by the City Council on August 23, 2005 and was continued to this date due to lack of a quorum of Council members eligible to vote on the project.

BACKGROUND
The project site includes approximately 160 acres and is generally located north of Jennifer Street, east of Connor Way and Windsor Way, south of the East Bay Municipal Utility District (EBMUD) Mokelumne Aqueduct and Sunset Road, and west of the City limits and has been historically farmed. The property is designated in General Plan for Low Density Residential development with a future school site, future fire station site, and future parkland. A stormwater detention basin has also been planned for this site to help meet the long-term stormwater control needs of the southeast portion of the City.

DeNova Homes received its RGMP allocation in July 2004 and was awarded the necessary points based on the following major commitments:

• Provision of 24 affordable housing units;

• Donation $10,000 to Habitat for Humanity;

• Extension of Garin Parkway from Jennifer Street to Sunset Road;

• Extension of Sand Creek Road from Brentwood Boulevard to Sellers Avenue;

• Provision of a 12.0 acre school site;

• Provision of a 1.1 fire station site;

• Provision and construction of at least 9.4 acres of eligible park acreage;

• All homes to be constructed to meet PG&E’s Comfort Program criteria and exceed Title 24 energy conservation requirements;

• Provision of 2-3 bus turn-outs determined following consultation with Tri Delta Transit; and

• Construction of a detention basin construction and extension of Storm Drain Line A.

These commitments are memorialized in the proposed project submittal information, development agreement, and/or conditions of approval in conjunction with the Tentative Subdivision Map. The Planning Commission has reviewed the project on three occasions and took the following actions on July 19, 2005:

• Certified the required Environmental Impact Report (EIR) for the project and approved the accompanying Mitigation Monitoring Plan (MMP) and recommended that the City Council also certify the EIR and adopt the MMP (attached);

• Recommended that the City Council approve the required amendment to the Planned Development (PD) 46 Zone adding specific development standards within seven subareas (subareas A – G) for the Barrington project;

• Recommended that the City Council approve Tentative Subdivision Map 8548 and the project development agreement (attached);

• Conditionally approved the Design Review request for the design of 25 housing plans for single family homes ranging in size from approximately 1,481 to 4,955 square feet as well as the 3 accompanying parks, trails, and open space areas contingent upon Council approval of the required EIR, amendment to PD-46 (RZ04-14), approval of Tentative Subdivision Map (TSM) 8548; and approval the Barrington Development Agreement (DA 04-03).

ANALYSIS
An Environmental Impact Report (EIR) was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). A copy of the draft document was previously provided to the City Council and the final EIR including all comments received and responses is available for the Council’s review in the Community Development Department. Several potentially significant impacts were identified; however, mitigation measures were included to reduce those impacts to less than significant levels. The Planning Commission and Staff recommend that the Council certify the project EIR as adequate for review and action on the project and approve the MMP prior to taking action on the zoning amendment, tentative subdivision map, and development agreement.

The project includes three entitlements requiring City Council action: 1) an Amendment to the PD-46 Zoning District, 2) a Tentative Subdivision Map (TSM 8548), and 3) and approval of the Barrington Development Agreement (DA 04-03). The rezone or planned development amendment request is necessary to provide site-specific development standards for the PD-46 Zone. The rezone request includes the creation of seven subareas with accompanying customized development standards (attached). The subareas include 494 single-family detached homes, an elementary school site, detention basin, a fire station site, three parks, trails and open space on approximately 160 acres. These subareas establish minimum lot sizes ranging from 3,600 to 7,800 square feet. Two of the seven subareas are established for small lot (3,600 – 5,000 square feet) housing products and are interspersed throughout the five planned neighborhoods.

The proposed development standards include maximum building height of 30 feet and maximum lot coverage thresholds of 40 percent for two-story homes and 45 percent for single-story homes to encourage a varied mix of housing products. The proposed standards include a 20 foot minimum front yard setback for street-facing garages, a 15 foot minimum front yard setback for turned garages as well as living space, and a 10 foot minimum front yard setback for front porches to encourage pedestrian movement and social interaction. The proposed PD 46 standards allow for a unique mix of lot sizes and housing choices with various affordability levels. The standards establish five distinct neighborhoods that are anchored by three neighborhood parks, a future elementary school site, and a future fire station site that provide a complementary range of uses consistent with the General Plan.

The Planning Commission has recommended approval of the PD-46 development standards which will allow the applicant to develop the site to provide important City infrastructure improvements while maintaining consistency with the residential designation of the site and ensuring compatibility with existing and planned land uses in the vicinity of the site. The Planning Commission and Staff believe that approval of the proposed development standards would serve to implement the goals and policies of the General Plan by facilitating development of the project site and will not adversely impact the development of adjacent parcels. An ordinance to rezone the project site and adopt development standards has been prepared for consideration by Council.

The proposed tentative map would subdivide approximately 160 acres into 494 single-family lots, a 12-acre school site, an approximately 7.8-acre detention basin, a 1.1-acre fire station site, three pocket park parcels totaling 9.4 acres including one which encircles the detention basin and 12 open space and trail corridor parcels, and approximately 32.2 acres into planned roadways on site. The mid-range and maximum dwelling unit potential for the site is 480 and 799 units respectively. The project exceeds the mid-range density by 14 units which is consistent with the approved RGMP request. The proposed project includes 494 lots with an average density of 3.1du/acre. In order to justify this additional density, several major project components are proposed. First, the applicant is proposing to build and integrate affordable units within the development. The applicant is proposing to provide 12.0 acres for an elementary school site to serve the northeast portion of the City which has been important community objective for many years. The applicant is also proposing to provide approximately 7.8 acres and construct a detention basin and extend storm drain line “A” to essentially complete the flood control system envisioned for the southeast portion of the City. The applicant is also proposing to provide 1.1 acres and construct a 3-bay fire station on the project site to enhance fire protection services in this portion of the City.

The subdivision includes a total of three parks and three open space corridors to facilitate convenient recreation opportunities from each residential lot to pocket parks. The applicant is also proposing to provide a landscaped trail along the EBMUD property north of the project site. The proposed trail (onsite and off-site) would also provide improved pedestrian and bicycle access to the nearby Sunset Community Park. Open space areas are provided along the western, northern, and eastern edges of the subdivision. In addition to providing recreation areas, Parcels “A” and “I” also help address potential compatibility issues associated with the neighboring farmland and associated agricultural operations east of the project site.

Although the project abuts vacant parcels over an acre in size, the project complies with the City’s density transition policy. East of the proposed subdivision is property that is designated Low Density Residential in the City’s General Plan that would enable subdivision of adjacent lots in the future of a similar size to those proposed in the Barrington Project. This project also includes a park and open space buffer along the eastern edge of the project site abutting the agricultural property outside the current City limits.

Five points of vehicle access are proposed. Garin Parkway is proposed to be extended to provide north-south access from Jennifer Street to Sunset Road. Sand Creek Road is proposed to be extended to provide east-west access from Brentwood Boulevard to the project site as well as Sellers Avenue. In addition, a direct connection to Jennifer Street is proposed at the southwest and southeast corners of the subdivision. Traffic signals are proposed at the intersection of Sand Creek Road and Garin Parkway as well as at the intersection of Garin Parkway and Sunset Road. Havenwood Avenue is not proposed to be a vehicular access point for the project but will have a pedestrian / bicycle connection.

The subdivision utilizes a network of curvilinear streets with cul de sacs and “bulb out” areas at street corners to calm traffic and discourage speeding. The applicant is proposing landscaped street medians within Sand Creek Road, “O” Street, “S” Court, “Y” Street, “BB” Street, and “J” Street to help slow traffic speeds. The applicant also is proposing a pedestrian trail crossing at Sand Creek Road and the eastern edge of the project site. The applicant has proposed four trail corridors areas with eight foot-wide trails along the northern, eastern, and western edge of the site to help make pedestrian and bicycle transportation more inviting. Important City trail system links are proposed along the northern and eastern edges of the site. The applicant is also proposing two bus turnouts along Sand Creek Road to anticipate future Tri Delta Transit service to the project site.

The Development Agreement proposed in conjunction with the Barrington project summarizes agreed upon commitments between the City and the existing or any future developer(s) for an eight-year period. It includes provisions for construction of infrastructure extensions and development of public facility improvements as well as reimbursement procedures in accordance with the City’s Development Fee Program. The purpose of the development agreement is to control risk and provide greater mutual certainty about how the subdivision and vital infrastructure will be constructed. The proposed agreement has been through numerous drafts and reflects extensive staff input and is recommended for approval by the Planning Commission.

FISCAL IMPACT
The project developer is required to pay all relevant fees as specified in the conditions of approval for the Tentative Subdivision Map and Development Agreement. 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 residential area.

Attachments:

City Council Resolution certifying the Barrington EIR and approving the MMP
City Council Ordinance amending the PD-46 Zone
City Council Resolution conditionally approving TSM 8548 and approving DA 04-03
Draft EIR (previously provided)
Final EIR (available for review within the Community Development Dept. at 104 Oak St.)
Tentative Subdivision Map 8548
Land Use Plan
Development Plan
Conceptual Elementary School Exhibit
Conceptual Fire Station Exhibit

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION MONITORING PLAN FOR THE BARRINGTON PROJECT LOCATED SOUTH OF SUNSET ROAD, WEST OF THE CURRENT CITY LIMITS, NORTH OF JENNIFER STREET, AND EAST OF CONNOR WAY AND WINDSOR WAY.

WHEREAS, DeNova Homes has applied for the following approvals for the Barrington Project requiring City Council approval:

1. A zoning amendment to Planned Development Zone No. 46 adding development standards for the Barrington Project (RZ 04-14);
2. A tentative subdivision map for the Barrington project (TSM 8548); and
3. A development agreement for the Barrington project (DA 04-03).
WHEREAS, the applicant has applied for and received conditional approval from the City of Brentwood Planning Commission on a related design review request for the Project, which generally include single family residential development, an elementary school site, a detention basin, a fire station site, parks, and open space, and;

WHEREAS, the City of Brentwood determined that an Environmental Impact Report (EIR) should be prepared to analyze the environmental impacts of the project and determine any necessary mitigation measures for the Barrington Project; and

WHEREAS, the EIR evaluates impacts, mitigation, and alternatives at the project level for the Barrington project; and;

WHEREAS, a Notice of Preparation was circulated as required by the California Environmental Quality Act (CEQA) prior to preparation of the EIR; and

WHEREAS, a Draft EIR was prepared per CEQA, and all comments in response to the NOP were considered and utilized to prepare the Draft EIR; and

WHEREAS, the Draft EIR has been circulated to the State Clearinghouse, all relevant agencies and interested parties for a 45 day public comment period, per CEQA; and

WHEREAS, all comments received during the public comment period and written responses to those comments, taken together with the Draft EIR, constitute the Final EIR, per CEQA; and

WHEREAS, the City has prepared a Final EIR (“FEIR”), June 2005, State Clearinghouse No. 2005012077, for the Project which consists of the Barrington Project Draft Environmental Impact Report, April 2005, State Clearinghouse No. 2005012077, which analyzes and evaluates the project in accordance with the requirements of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq, and;
WHEREAS, the City has prepared a Mitigation Monitoring Plan (“MMP”) which includes the mitigation measures proposed for adoption as conditions of approval to the Barrington Project, and;
WHEREAS, on September 13, 2005 the City Council held a duly noticed public hearing to consider the following actions related to the Barrington project;
1. Certification of the FEIR for the project,
2. Adoption of the MMP for the project,
3. An amendment to Planned Development No. 46 Zone (RZ 04-14) for the project,
4. Approval of Tentative Subdivision Map 8548;
5. Approval of a Development Agreement (DA 04-03) for the Barrington project, and;
WHEREAS, after consideration of the record in this proceeding, including the testimony, exhibits and materials presented at the hearing, the City Council hereby makes the following findings and takes the following actions:
1. The foregoing recitals are true and are incorporated herein by this reference.
2. The City Council has reviewed and considered the FEIR. The FEIR reflects the independent judgment and analysis of the City Council. The City Council hereby certifies that the FEIR is adequate and objective and complies with CEQA.
3. The City Council has reviewed and considered the FEIR as a part of its review of each of the Project applications described above. These findings – and the FEIR, incorporated herein by this reference – summarize the environmental determinations of the FEIR about project impacts before and after mitigation and the potential impacts of alternatives. These findings do not attempt to describe the full analysis of each environmental impact contained in the FEIR. Instead, these findings provide a summary description of the impacts, describe the applicable mitigation measures identified in the FEIR and adopted by the City Council, and state the City Council’s findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of the environmental findings and conclusions can be found in the FEIR and these findings incorporate by reference the discussion, analysis and conclusions in the FEIR supporting the FEIR’s determinations regarding mitigation measures and the project’s impacts. In making these findings, the City Council ratifies, adopts and incorporates in these findings the determinations and conclusions of the FEIR relating to mitigation measures and environmental impacts, except to the extent any such determinations or conclusions are specifically and expressly modified by these findings. In the event these findings omit or fail to accurately reflect the FEIR’s analysis of an environmental impact, the language of the FEIR as set forth in the FEIR shall control, unless that language has been specifically and expressly modified by these findings.
4. The FEIR identifies the potentially significant environmental effects associated with the Project and proposes mitigation measures to avoid or substantially lessen potentially significant effects. These potential environmental impacts from the proposed project are set forth in the DEIR and the FEIR. The DEIR and FEIR identify the potential environmental impacts of the proposed project and identify the level of significance of each impact prior to mitigation as either Potentially Significant or Less Than Significant.
5. The FEIR identifies mitigation measures for those impacts that are potentially significant so as to avoid or minimize the impact. Those mitigation measures are likewise identified in DEIR. The FEIR identifies the mitigation measures designed to address each potentially significant impact, describes the nature of each measure, and identifies whether, after mitigation, the impact will be reduced to a Less Than Significant level or is a Significant and Unavoidable Impact. The mitigation measures included in FEIR are also included in the MMRP.
6. The City Council hereby adopts all of the mitigation measures set forth in the FEIR relating to the Barrington project. The City Council intends to adopt each of the mitigation measures proposed in the FEIR for which the City is identified in the MMP as a responsible party. In the event a mitigation measure recommended in the FEIR for which the City is a responsible party has inadvertently been omitted, said mitigation measure is hereby adopted and incorporated in the findings below by reference. In addition, in the event the language of the mitigation measures set forth in FEIR and relating to the Barrington project fails to accurately reflect the mitigation measures in the FEIR due to a clerical error, the language of the mitigation measure as set forth in the FEIR shall control, unless the language of the mitigation measure has been specifically and expressly modified by these findings.
7. In several comments on the Draft EIR, text corrections and modifications to several proposed mitigation measures were suggested. Several mitigation measures were modified in response to such comments and other mitigation measures were added to the Final EIR in response to such comments. With respect to the additional mitigation proposals or suggestions contained in comments that were not accepted by the FEIR, the City Council hereby adopts and incorporates by reference the reasons set forth in the response to comments contained in the FEIR as its grounds for rejecting adoption of these mitigation measures or proposed changes.
8. Except as expressly determined to the contrary below, the mitigation measures proposed in the FEIR and included in the MMP will avoid or reduce to a less than significant level all of the potentially significant environmental effects identified in the FEIR. Each of the mitigation measures either requires specific action, or establishes performance standards which must be met. Where performance standards are established for a particular effect, the FEIR identifies one or more alternative measures, each of which has been demonstrated through use in the City of Brentwood and elsewhere to reduce the effect to a less than significant level. For those mitigation measures relating to the Barrington project containing performance standards, these performance standards are imposed by the City Council. However, through the MMP, the Council has delegated authority to monitor compliance with the performance standards to appropriate City staff.
9. All of the mitigation measures relating to the Barrington project are capable of implementation and enforcement by the City of Brentwood.
10. The City Council hereby adopts the MMP. Compliance with all the mitigation measures identified in the FEIR relating to the Barrington project will be included in the Project conditions of approval. All significant environmental effects except as identified below will therefore be reduced to an acceptable level in that all such effects that can feasibly be avoided will be avoided or reduced to a level of insignificance.
11. The FEIR also evaluates and evaluates and compares alternatives to the Barrington project. The alternatives analysis includes an analysis of a No Project Alternative and identifies the environmentally superior alternative. The Draft EIR examined the feasibility of each alternative, the environmental impacts of each alternative, and the ability of each alternative to meet the project objectives identified on Page 5-1 of Chapter 5 of the Draft EIR.
12. The City Council has independently reviewed and considered the information on alternatives provided in the FEIR and the record of proceedings. The FEIR sets forth a reasonable range of feasible alternatives to the Barrington project sufficient to foster informed public participation and informed decision making and to permit a reasoned choice. This City Council further finds that the FEIR adequately discusses and evaluates the comparative merits of the alternatives.
13. The EIR evaluates and considered the following alternatives:
a. Alternative 1: No Project, No Development Alternative

b. Alternative 2: Low Density Alternative

c. Alternative 3: High Density Alternative

14. Because it would result in no changes to the Barrington project site would leave those lands in their current undeveloped state for ongoing agricultural use, the No Project, No Development Alternative (Alternative 1) would result in no potentially significant impacts. However, the No Project, No Development Alternative also would not meet any of the project objectives identified in the Draft EIR. The proposed project is superior to the No Project, No Development Alternative because it would fulfill the many project objectives that the No Project alternative cannot achieve. The proposed project would help Brentwood to meet its fair share of housing needs, provide a mix of housing types, necessary infrastructure improvements, and provide for urban development within the Urban Limit Line.
15. The Low Density Alternative (Alternative 2) would result in a lower density residential development that would provide less housing than the proposed project. Because it would require similar amounts of grading and construction as the proposed project, Alternative 2 would result in impacts similar to those from the proposed project as to many resources. Yet Alternative 2 would not satisfy many of the project objectives identified in the Draft EIR. It would provide a narrower range of housing types than the proposed project and would not include as many below-market rate residences. The proposed project is superior to Alternative 2 because, with mitigation, it does not result in substantially greater environmental impacts than would Alternative 2, yet it meets more of the project objectives than Alternative 2. It provides a greater range of housing for various income levels.
16. The High Density Alternative (Alternative 3) would still develop the project site, but in accordance with the highest density of residential units allowed on the project site under the current General Plan Land Use Designations. Using the designations and densities set forth by the General Plan, under the High Density Alternative, the project site could be developed with 800 residential units, an elementary school and fire station. However, Alternative 3 would include 306 more units on the project site than the Proposed Project and would have greater land use, traffic, air quality, noise, hydrology and water quality, public services and utilities, and population and housing impacts than the Proposed Project.
17. The FEIR determined that the Low Density Alternative (Alternative 2) was the environmentally superior alternative. However, the Low Density Alternative would not satisfy the project objectives and therefore is not feasible.
18. Setting aside the Low Density Alternative, the proposed project is the environmentally superior alternative. Each of the remaining alternatives has some potential environmental advantages when compared to the proposed project and each also has some potential environmental disadvantages when compared to the project, as described in the EIR. On the whole, for the reasons discussed above and for the reasons stated in the EIR, none of the alternatives has sufficient environmental advantages when compared to the project as proposed to overcome: (a) the relative infeasibility of the alternative; and/or (b) the inability of the alternative to satisfy the project objectives to the same extent as the proposed project.
19. The documents and other materials that constitute the record of proceedings on which the City Council has based these findings and this resolution are located at the Community Development Department, 104 Oak Street, Brentwood, California 94513. The custodian of these documents is the Community Development Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:
Certifies the FEIR, adopts the MMP, and directs staff to file the required Notice of Completion;

PASSED by the City Council of the City of Brentwood at its regular meeting on the 13th day of September 2005, by the following vote:

CITY COUNCIL ORDINANCE NO.

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING AMENDMENT FOR APPROXIMATELY 160 ACRES TO THE PLANNED DEVELOPMENT NO. 46 (PD 46) ZONING DISTRICT ADDING CHAPTER 17.497 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SEVEN SUBAREAS WITHIN PD-46 KNOWN AS BARRINGTON, LOCATED SOUTH OF SUNSET ROAD, IMMEDIATELY WEST OF THE CURRENT CITY LIMITS, NORTH OF JENNIFER STREET, AND EAST OF CONNOR WAY (APN 016-190-008).

WHEREAS, DeNova Homes has requested that the City approve a zoning amendment for Planned Development District 46 (PD-46) for a approximately 160-acre property located south of Sunset Road, immediately west of the current city limits, north of Jennifer Street, and east of Connor Way known as Barrington; and

WHEREAS, DeNova Homes has requested that the City establish development standards for seven subareas within PD-46 by adding Chapter 17.497 to the Brentwood Municipal Code on the Barrington property shown on Exhibit “B” of this Ordinance; and

WHEREAS, on July 19, 2005, the Planning Commission conducted a duly noticed public hearing, considered a staff report and public comments, and passed Resolution No. 05-45, which recommended in part the approval of the proposed zoning amendment and specific development standards for PD-46; and

WHEREAS, on July 19, 2005, the Planning Commission also recommended the approval of a related Tentative Subdivision Map (TSM 8548) and a Development Agreement (DA 04-03) for the Barrington project; and conditionally approved the related design review request (DR 04-33); and

WHEREAS, the City of Brentwood determined that an Environmental Impact Report (EIR) should be prepared to analyze the potential impact and any necessary mitigation measures for this project; and

WHEREAS, the draft EIR has been circulated to the State Clearinghouse, all relevant agencies and interested parties for a 45-day public comment period, per CEQA; and

WHEREAS, all comments received during the public comment period and written responses to those comments, taken together with the draft EIR, constitute the Final EIR, per CEQA; and

WHEREAS, the City has prepared and certified the final environmental impact report (the “FEIR”) dated June 2005, State Clearinghouse No. 2005012077 for the Project which consists of the Barrington Project draft EIR, all the comment letters received during the public comment period and responses, revisions to the draft EIR text, and which analyzes and evaluates the project in accordance with the requirements of CEQA, Public Resources Code Sections 21000 et seq.
WHEREAS, the City has prepared a Mitigation Monitoring Plan (the “MMP”) which includes the mitigation measures proposed for the Project in the FEIR.
WHEREAS, the FEIR was prepared for the project in accordance with CEQA and indicates that all environmental impacts of this project can be reduced to a less-than-significant level with appropriate mitigation measures; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project and published in the Brentwood Press on August 12, 2005, in accordance with City policies and Government Code 65090; and

WHEREAS, the City Council held a public hearing on the proposed zoning amendment and specific development standards on September 13, 2005, for the purpose of reviewing the request, considering the Planning Commission’s action and considering all comments made by the public with respect to the applicant 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 staff, the staff report, and all other pertinent goals, policies, regulations, and documents regarding the proposed zoning amendment and specific development standards; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this zoning amendment request as required by Section 17.450.007 of the City Zoning Ordinance and State CEQA Guidelines:

1. The proposed zoning amendment is consistent with and implements the General Plan and other applicable City plans because the provisions are consistent with the residential and related land use designations and with the planned density allowed for the project area; and
2. The zoning amendment provides a better land use planning approach and more comprehensive zoning designation than exists prior to the request; and
3. The site is physically suitable for the type and the density of development proposed, in that the General Plan designates the site for the proposed residential and non-residential uses, the proposed residential density is less than the maximum allowed under the General Plan and the project complies with all applicable requirements of the Zoning Ordinance; and
4. The proposed zoning amendment request has been processed in accordance with the applicable provisions of the California Government Code and CEQA, in that a FEIR and MMP has been prepared for the project; and
5. The design of the project and proposed zoning amendment request is not likely to cause serious public health problems, in that the FEIR analyzes all potential project impacts related to public health and includes mitigation measures that reduce all potentially significant impacts to less than significant levels; and
6. The City Council has reviewed and considered the FEIR. The FEIR reflects the independent judgment and analysis of the City Council. The Council has certified that the FEIR is adequate and objective and complies with CEQA and incorporates the findings and conclusions of the FEIR herein by this reference; and
7. The proposed zoning amendment will establish clear development standards for the uses permitted under the General Plan, the Zoning Ordinance, TSM 8548 and DR 04-33; and
8. The proposed zoning amendment is consistent with the City’s previously expressed intent to adopt development standards prior to or in conjunction with the approval of any specific projects.
9. The zoning amendment request will provide development standards resulting in development that is consistent and compatible with surrounding uses, in that the design of the project and the conditions of approval for the project, including all mitigation measures, will reduce impacts on surrounding property owners to less than significant levels; and
10. That the PD zoning district for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties
11. The proposed zoning amendment request will provide for adequate public uses and private open space, in that the project complies with all applicable goals and policies of the General Plan, as well as with all applicable requirements of the Zoning Ordinance; and;
12. The project 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
13. The zoning amendment request will result in more desirable use of land and an improved physical environment than would be possible under any single or combination of existing zones because the approximately 160-acre development plan has been designed in comprehensive fashion including five neighborhoods, three neighborhood parks, a trail system, a future school site, future fire station site, shared infrastructure, a combination of single-family uses and unique public amenities.
14. The zoning amendment request involves areas that have suitable relationship to one or more abutting public streets which will provide physical access to the project site, and said streets as planned are adequate to carry any traffic generated by the development, in that Sunset Road is a minor arterial that bounds the north side of the project, and the project includes the extension of minor arterial Garin Parkway, and major arterial Sand Creek Road, and that the project includes a traffic analysis that is incorporated into the FEIR, which further analyzes all potential impacts related to transportation and circulation and includes mitigation measures to reduce all potentially significant impacts to less than significant levels, and that based on the traffic analysis conducted for the project, there is sufficient capacity with appropriate improvements to accommodate the traffic anticipated to be generated by the development and the adjacent land uses in the vicinity; and
15. The plan for the proposed development presents a unified and organized arrangement of homes and service facilities which are appropriate in relation to adjacent or nearby properties, and adequate landscaping and/or screening buffers are included to ensure compatibility, where homes abut arterial roadways or are near to the future fire station site; and
16. The natural and scenic qualities of the project site are protected with adequate public open spaces designated on the development plan.
17. The effect of this ordinance on the housing needs of the region surrounding Brentwood has been considered by the City Council, which has balanced those needs against the public service needs of its residents and available fiscal and environmental resources (Government Code 65863.6)
18. The development of the project site, 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 in keeping with the general intent and spirit of 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 does hereby ordain as follows:

Section 1.

A. Approves the zoning amendment for approximately 160 acres, identified as Assessor’s Parcel Number 016-190-008, as shown on Exhibit “A” to this Ordinance.

B. Directs City staff to amend the Municipal Code by adding Chapter 17.497 providing development standards and the accompanying subarea map for PD-46 as follows:

CHAPTER 17.497
PLANNED DEVELOPMENT 46 (PD-46) ZONE

17.497.001 AUTHORITY, PURPOSE AND INTENT
17.497.002 PERMITTED USES FOR EACH SUBAREA
17.497.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA
17.497.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A
17.497.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B
17.497.006 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C
17.497.007 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D
17.497.008 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA E
17.497.009 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA F
17.497.010 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA G
17.497.011 OTHER REGULATIONS

17.497.001 AUTHORITY, PURPOSE, AND INTENT.
The authority, purpose and intent for the adoption of the PD-46 (Planned Development 46) Zone are as follows:

A. Authority: PD-46 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-46 Zone is to permit and regulate the orderly development of the area shown in the attached Subarea Map in accordance with the Brentwood General Plan for a maximum of 494 lots. The PD-46 area is divided into seven (7) subareas as shown in Subarea Map which is attached to this ordinance and incorporated herein by reference.

C. Intent: The zoning district is intended to provide a residential area with five (5) distinct neighborhoods with a diverse mix of single family homes on various lots sizes, an elementary school site, a detention basin, a fire station site, and three parks with recreational amenities and open space in conformance with the adopted General Plan.

17.497.002 PERMITTED USES FOR EACH SUBAREA

SUBAREA A – Neighborhood 1

• Single-family dwelling units.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA B – Neighborhood 2

• Single-family dwellings units.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA C – Neighborhood 3

• Single-family dwellings units.

• Public facilities including schools and fire stations.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA D – Neighborhood 4

• Single-family dwellings units.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA E - Neighborhood 5

• Single-family dwellings units.

• Flood control facilities

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)


SUBAREA F - (5,000 Square Foot Lots)

• Single-family dwellings units.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA G - (Zipper Lots)

• Single-family dwellings units.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

17.497.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA

SUBAREA A
• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

SUBAREA B
• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

SUBAREA C
• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

• Nursery, childcare, day care center.

SUBAREA D
• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

SUBAREA E

• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

SUBAREA F
• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

SUBAREA G

• Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.


17.497.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A:

A. Minimum Lot Area: 6,400 square feet

B. Minimum Lot Width: 64 feet

C. Minimum Lot Depth: 85 feet

D. Minimum Lot Frontage: 40 feet

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading garages and living space, and 10 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots the street side yard shall be a minimum of 8 feet and a total of 13 feet for both sides.

G. Minimum Rear Yard Setback: 20 feet for main residence and 5 feet for detached garage.

H. Maximum Building Height: 30 feet and two stories for main residence and 15 feet and one story for detached garages.

I. Minimum Detached Living Unit Rear Setback: 5 feet.

J. Minimum Detached Living Unit Side Setback: 5 feet.

K. Maximum Lot Coverage: 40 percent including main residence and detached garage area.


17.497.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B:

A. Minimum Lot Area: 6,400 square feet.

B. Minimum Lot Width: 64 feet.

C. Minimum Lot Depth: 80 feet and 55 feet for lots on cul-de-sacs, knuckles or curvilinear streets at the shortest side property line.

D. Minimum Lot Frontage: 40 feet

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading garages and living space, and 10 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet and a total of 15 feet for both sides.

G. Minimum Rear Yard Setback: 20 feet.

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

I. Maximum Lot Coverage: 45 percent.


17.497.006 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C:

A. Minimum Lot Area: 5,700 square feet.

B. Minimum Lot Width: 57 feet.

C. Minimum Lot Depth: 90 feet.

D. Minimum Lot Frontage: 30 feet

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for living space or side-loading garages, and 10 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots the street side yard shall be a minimum of 8 feet and a total of 13 feet for both sides.

G. Minimum Rear Yard Setback: 20 feet.

H. Maximum Building Height: 30 feet and two stories for main residence and 15 feet and one story for detached garages.

I. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two story units.


17.497.007 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D:

A. Minimum Lot Area: 6,700 square feet

B. Minimum Lot Width: 67 feet

C. Minimum Lot Depth: 75 feet

D. Minimum Lot Frontage: 70 feet

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading garages or living space, and 10 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots the street side yard setback shall be a minimum of 10 feet and a total of 15 feet for both sides.

G. Minimum Rear Yard Setback: 20 feet.

H. Maximum Building Height: 30 feet and two stories for main residence and 15 feet and one story for detached garages.

I. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two story units.


17.497.008 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA E:

A. Minimum Lot Area: 7,800 square feet

B. Minimum Lot Width: 75 feet

C. Minimum Lot Depth: 85 feet

D. Minimum Lot Frontage: 60 feet

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading garages or living space, and 10 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 15 feet for both sides. For corner lots the street side yard setback shall be a minimum of 10 feet.

G. Minimum Rear Yard Setback: 20 feet.

H. Maximum Building Height: 30 feet and two stories

I. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two-story units.


17.497.009 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA F (5,000 sq. ft. lots)

A. Minimum Lot Area: 5,000 square feet.

B. Minimum Lot Width: 50 feet.

C. Minimum Lot Depth: 100 feet.

D. Minimum Front Yard Setback: 20 feet for street facing garages.

E. Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides.

F. Minimum Rear Yard Setback: 15 feet for single-story portions, all two-story additions must maintain a minimum 20 ft.

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

H. Maximum Lot Coverage: 45 percent.


17.497.010 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA G (Zipper Lots)

A. Minimum Lot Area: 3,600 square feet.

B. Minimum Lot Width: 23 feet.

C. Minimum Lot Depth: 95 feet.

D. Minimum Front Yard Setback: 20 feet for street facing garages and 10 feet for turned garages.

E. Minimum Side Yard Setback: 4 feet and a total of 9 feet for both sides.

F. Minimum Rear Yard Setback: 5 feet.

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

H. Maximum Lot Coverage: 40 percent.


17.497.011 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 provided lot coverage does not exceed 50 percent.

E. Architectural features may project into any required yard pursuant to the provision of Chapter 17.660 with the following exceptions:

a. Pop-outs at garage doors may encroach 2’-0” feet into front yard setback.

b. Non-structural elements including flatwork, column flairs, architectural elements, overhangs, and decorative build-outs may encroach up to 2’-0” into all setbacks.

c. Setbacks for side loading garages are to be measured to structural walls. Built-out or recessed window elements may encroach up to 2’-0” into front yards.

F. Lot width for lots on cul-de-sacs, knuckles or curvilinear streets shall be measured thirty (30) feet from the front property line.

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

H. Fences shall be set back a minimum of 5 ft. from a side yard property line. The homeowner shall be responsible for planting and maintaining attractive landscaping in the area between the fence and sidewalk.

PD–46 SUBAREA MAP

Section 2.

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 Brentwood Press 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 3. 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 September 2005 and adopted at a regular meeting of the Brentwood City Council on the ____ of ___ 2005, by the following vote:
Attachments: Exhibit "A" – Location Map for PD-46 Zoning Amendment
CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A TENTATIVE SUBDIVISION MAP (TSM 8548) TO ALLOW THE SUBDIVISION OF APPROXIMATELY 160 ACRES INTO A MAXIMUM OF 494 SINGLE FAMILY RESIDENTIAL LOTS, AN APPROXIMATELY 12-ACRE ELEMENTARY SCHOOL SITE, AN APPROXIMATELY 7.8-ACRE DETENTION BASIN, AN APPROXIMATELY 1.1-ACRE FIRE STATION SITE AND APPROXIMATELY 11.7 ACRES OF ACCOMPANYING PARKS AND TRAILS, TO MODIFY THE DENSITY TRANSITION POLICY TO ALLOW FOR RESIDENTIAL LOTS LESS THAN 20,000 SQ. FT. ACROSS FROM OR ABUTTING EXISTING PROPERTY THAT IS ONE-ACRE OR LARGER THAT IS PLANNED FOR FUTURE RESIDENTIAL USE, AND APPROVE A DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED SOUTH OF SUNSET ROAD, IMMEDIATELY WEST OF THE CURRENT CITY LIMITS, NORTH OF JENNIFER STREET, AND EAST OF CONNOR WAY.

WHEREAS, the Barrington at Sand Creek, LLC., has applied for development approval of the site plan for the Project, which would generally include single family residential units, an elementary school site, a detention basin, a fire station site, parks, and open space; and

WHEREAS, the applicant in order to implement his proposed plan has applied for an amendment to the Planned Development Forty Six (PD-46) Zone including the adoption of project-specific development standards, this Tentative Subdivision Map (TSM 8548), a Design Review (DR 04-33), and this Development Agreement; and

WHEREAS, the applicant has requested that the City Council approve the zoning amendment for Planned Development 46, approve the tentative subdivision map to subdivide approximately 160 acres into 494 single-family residential lots, a 12.0 acre elementary school site, an approximately 7.8-acre detention basin, a 1.1-acre fire station site, three neighborhood parks totaling approximately 9.3 acres, and open space and trails totaling approximately 2.4 acres, and approve a development agreement located south of Sunset Road, immediately west of the current city limits, north of Jennifer Street; and East of Connor Way; 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 Environmental Impact Report (EIR) was prepared and certified for the Barrington project in accordance with the California Environmental Quality Act (CEQA) and is considered a part of this review and approval process; and

WHEREAS, the EIR identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these project measures are included in the proposed conditions of approval for the tentative subdivision map and will reduce the impacts identified to a less than significant level; and

WHEREAS, on July 19, 2005, the Planning Commission reviewed the tentative subdivision map request (TSM 8548) including the modification of the density transition policy and the proposed development agreement (DA 04-03) and passed Resolution No. 05-45 and 05-47 recommending that City Council conditionally approve TSM 8548 and approve DA 04-03; 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 August 12, 2005, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the Barrington project at its regular meeting of September 13, 2005; and

WHEREAS, the City Council has considered the staff report, EIR, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed Barrington project and finds that:

1. The proposed 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. Since the adjacent residential properties east of the project site over an acre in size are designated for Low Density Residential in the General Plan, 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

6. The proposed subdivision complies with the modified Density Transition Policy in the General Plan in that adjacent affected residential properties over an acre in size 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 with respect to the Tentative Subdivision Map and Development Agreement as follows:

1. That the EIR for the Barrington project has been prepared, circulated , and certified in accordance with all applicable provisions of CEQA and represents the independent judgment of the City of Brentwood and is adequate for and applicable to all approvals relating to the Barrington project; and

2. The proposed Tentative Subdivision Map, together with the provisions for the design and improvement of the proposed subdivision, are in conformance with the City General Plan, Zoning Ordinance, and Subdivisions and Land Development Ordinance; and

3. Modification of the Density Transition Policy to allow for residential lots less than 20,000 square feet across from abutting existing planned residential property one-acre or lager in size is appropriate because the property to the east has a General Plan land use designation that would enable the future subdivision of the adjacent property into lots of the size similar to those planned in the proposed subdivision, even though the property owners have no present intentions to subdivide their property. Said proposed residential lots located along the east side of the project site shall be at least 48’ from the existing planned residential property that exceeds one-acre in size immediately east of the project site.

4. The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the City General Plan as it provides for the creation of new jobs, a mix of housing types and affordability levels, and important public facilities to serve the needs of existing and future Brentwood residents.

5. The proposed development agreement will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole, as it simply helps implement the land use and zoning designations approved for the project site.

6. The proposed development agreement will not adversely affect the orderly development of property or the preservation of property values as it is intended to implement the existing land use and zoning designations for the project site as specified in the General Plan.

7. The proposed development agreement is consistent with the provisions of Government Code Section 65864 and 65869.5.

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

1. Approves Tentative Subdivision Map No. 8548 attached hereto as Exhibit “A”, effective only upon the date that Rezone No. 04-14 is effective, subject to the conditions of approval listed in Exhibit "B", attached hereto and made a part of this resolution, and all City standards applicable to this project; and

2. Approves the density transition from the required minimum 20,000 square foot lots to 6,400-10,500 plus square foot lots with an additional 48’ foot wide minimum buffer adjacent to APN's 016-190-013 and 019-190-004 due to the fact that the referenced properties are designated and zoned for lot sizes similar to those in the proposed subdivision.

3. Approves the Development Agreement (DA 04-03) between the City of Brentwood and Barrington at Sand Creek, LLC as reflected in Exhibit “C” attached to and made part of this resolution.

NOW, THEREFORE, BE IT FURTHER RESOLVED that this tentative subdivision map is valid for two years and will expire on September 13, 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 September 13, 2005, by the following vote:

Exhibits:
Exhibit “A” – Tentative Subdivision Map No. 8548
Exhibit “B” – Conditions of Approval for TSM 8548
Exhibit “C” – Development Agreement 04-03

EXHIBIT "A" TO
CITY COUNCIL RESOLUTION NO.
TENTATIVE SUBDIVISION MAP NO. 8548

EXHIBIT "B" TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR
TENTATIVE SUBDIVISION MAP NO. 8548

1. The Standard Conditions of Approval for Tentative Subdivision Maps, dated May 2005, are hereby incorporated by reference and shall be satisfied by the Developer, unless modified by any of the conditions below.

2. The last sentence of Condition #108 of the City Standard Conditions of Approval for Tentative Subdivision Maps is not applicable.

3. The Final Map shall be in substantial compliance with Tentative Map #8548 prepared by Carlson, Barbee and Gibson, Inc. dated April 8, 2005 and revised August 15, 2005, except as modified by any of the conditions below.

4. The developer shall revise the Tentative Map 8548 prepared by Carlson Barbee & Gibson, Inc. dated April 8, 2005 and revised August 15, 2005 as follows:

a. Increase the public park acreage from approximately 9.3 to a minimum of 9.4 acres

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 Sunset Community Park lies northeast of the project site, and the likelihood of periodic evening events or activities that may generate light and glare 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. The developer shall also notify prospective buyers in writing about the presence of abandoned gas wells located within 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. An aerial map, no less than 24” by 36” in size, shall be posted in a conspicuous location in the sales office that identifies the location of this park, as well as other surrounding land uses, including but not limited to the City’s Transfer station, Sunset Industrial Park, and other surrounding non-residential uses.

6. The developer shall design and construct Garin Parkway from the southern project boundary to Sunset Road as a modified 2-lane collector, 76’ right of way, to the satisfaction of the City Engineer prior to issuance of the 101st building permit and prior to any occupancy. The 100 permits shall be situated such that 50 will be located at the northern project area and 50 will be located in the southern project area to the satisfaction of the City Engineer. Improvements shall include but are not limited to two travel lanes, structural protection of EBMUD aqueducts, bike lanes, curb, gutter, sidewalk, utilities, signing, marking, and striping. The developer shall be responsible for the procurement of the necessary license agreement with EBMUD. Timing of the associated parkway landscaping and irrigation systems shall be consistent with the Development Agreement and Parks and Recreation Department’s conditions of approval contained herein. In the event that any improvements specified above cannot be completed due to unforeseeable delays, PG&E, County Flood Control, or EBMUD, the occupancies will be released at the discretion of the City Engineer based upon satisfaction of access and traffic circulation requirements.

7. The developer shall design and construct Drainage Area 52C basin 3/4 with maintenance road, fencing, and associated infrastructure on Parcel “A” concurrent with Garin Parkway improvements to the satisfaction of the City Engineer in coordination with Contra Costa County Flood Control District.

8. Developer shall install permanent stormwater treatment measures to the satisfaction of the City Engineer.

9. Where soundwalls are used, landscaped berms shall be used at the end of cul-de-sacs in place of low walls. The design of these berms shall be submitted for the review and approval of the Community Development Director prior to recordation of the first final map.

10. The developer shall design and construct “M” Street along the northerly frontage of the school parcel concurrent with Garin Parkway, or in coordination with the School District to meet the school construction schedule, to the satisfaction of the City Engineer.

11. The developer shall design and construct Sunset Road across the northerly boundary of the project site as a 2-lane collector with full improvements to the satisfaction of the City Engineer concurrent with Garin Parkway improvements. Improvements shall include but are not limited to two travel lanes, curb, gutter, sidewalk, utilities, overlay, landscape, irrigation, signing, marking, and striping. The timing of the associated parkway landscaping and irrigation systems shall be consistent with the Development Agreement and Parks and Recreation Department’s conditions of approval contained herein. In the event that any improvements specified above cannot be completed due to unforeseeable delays, PG&E, County Flood Control, or EBMUD, the occupancies will be released at the discretion of the City Engineer based upon satisfaction of access and traffic circulation requirements. In the event roadway fee credits are not available from this project, then City will provide cash reimbursement for north-side improvements after acceptance of these improvements.

12. The developer shall design and construct improvements on the north side of Sunset Road from the northerly edge of the east property line easterly to the city limit concurrent with Garin Parkway improvements to the satisfaction of the City Engineer. Improvements shall include but are not limited to curb, gutter, sidewalk, utilities, overlay, landscape, irrigation, signing, marking, and striping. Timing of the associated parkway landscaping and irrigation systems shall be consistent with the Development Agreement and Parks and Recreation Department’s conditions of approval contained herein. In the event that any improvements specified above cannot be completed due to unforeseeable delays, PG&E, County Flood Control, or EBMUD, the occupancies will be released at the discretion of the City Engineer based upon satisfaction of access and traffic circulation requirements. In the event roadway fee credits are not available from this project, then City will provide cash reimbursement after acceptance of these improvements.

13. The developer shall design and install a traffic signal system at the intersection of Garin Parkway and Sunset Road to the satisfaction of the City Engineer concurrent with Garin Parkway improvements and prior to any occupancy. In the event that any improvements specified above cannot be completed due to unforeseeable delays, PG&E, County Flood Control, or EBMUD, the occupancies will be released at the discretion of the City Engineer based upon satisfaction of access and traffic circulation requirements.

14. The developer shall design and construct storm drain and sanitary sewer mains within Garin Parkway to serve the southerly adjacent development to the satisfaction of the City Engineer.

15. The developer shall design and construct a traffic signal system at Garin Parkway and Sand Creek Road to the satisfaction of the City Engineer. The traffic signal shall be operational prior to opening of Sand Creek Road between Highway 4 and Garin Parkway.

16. The developer shall design and construct Sand Creek Road within the project site as a city standard 4-lane arterial to the satisfaction of the City Engineer. Improvements shall be completed prior to completion of the future fire station and school, or prior to issuance of any building permit for adjacent homes and prior to completion of any off-site segment of Sand Creek Road. Improvements shall include but are not limited to four travel lanes, median, bike lanes, curb, gutter, sidewalk, landscaping, irrigation, utilities, 20” water main, signing, marking, and striping. Timing of the associated landscaping and irrigation systems shall be consistent with the Development Agreement and Parks and Recreation Department’s conditions of approval contained herein

17. Except as otherwise provided in the Development Agreement, the developer shall make good faith efforts to acquire 100’ wide right of way for the off-site segment of Sand Creek Road between Brentwood Boulevard and the western project boundary to the satisfaction of the City Engineer. The good faith efforts shall include but not be limited to:

a. Provide written offers to the property owners based on fair market value within 3 months of tentative map approval.

b. Prepare alignment alternatives for the purpose of negotiating right of way acquisition and coordinating the road design as necessary.


c. If the Developer is unable to acquire the necessary right of way, the Developer shall enter into a written agreement with the City to complete the improvements pursuant to Gov. Code section 66462 at such time as the city acquires an interest in the land which will permit the improvements to be made. Developer shall pay or reimburse the City for all costs incurred by the City in filing an eminent domain proceeding. Developer shall pay all costs in excess of the costs authorized by the City’s Development Fee Program.

18. Except as otherwise provided in the Development Agreement, the developer shall make good faith efforts to acquire 100’ wide right of way for the off-site segment of Sand Creek Road between the eastern project boundary and Sellers Avenue to the satisfaction of the City Engineer. The good faith efforts shall include but not be limited to:

a. Prepare alignment alternatives for the purpose of negotiating right of way acquisition and coordinating the road design as necessary.

b. If the Developer is unable to acquire the necessary right of way, the Developer shall enter into a written agreement with the City to complete the improvements pursuant to Gov. Code section 66462 at such time as the city acquires an interest in the land which will permit the improvements to be made.

19. Except as otherwise provided in the Development Agreement, the developer shall design and construct Sand Creek Road from the existing signalized intersection at Brentwood Boulevard to the western project boundary as a 2-lane section of the city standard arterial to the satisfaction of the City Engineer. Construction shall begin within 60 days of acquisition of the required title or interest (by city or developer) to construct the improvements and shall be completed within 9 months. Improvements shall include but are not limited to, two 20’ travel lanes, 5’ graded shoulders, traffic signal system modifications, exclusive westbound left and right turn lanes at Brentwood Boulevard, median, median landscaping, utilities, signing, marking, and striping. The developer shall stub utilities for future development along roadway and shall be responsible for procurement of the required Caltrans permit. Timing of the associated landscaping and irrigation systems shall be consistent with the Development Agreement and Parks and Recreation Department’s conditions of approval contained herein.

20. The developer shall design and construct a 20” water main connection within Sand Creek Road from the existing 20” water main located on the west side of Brentwood Boulevard to Garin Parkway concurrent with Sand Creek Road improvements to the satisfaction of the City Engineer. The crossing of Brentwood Boulevard shall be performed by trenchless construction methods to the satisfaction of the City Engineer. The cost of these improvements shall be reimbursable.

21. Except as otherwise provided in the Development Agreement, the developer shall design and construct Sand Creek Road from the eastern project boundary to Sellers Avenue as a 2-lane section of the city standard arterial to the satisfaction of the City Engineer. Construction shall begin within 60 days of acquisition of the required title or interest (by city or developer) to construct the improvements and shall be completed within 12 months. Improvements shall include but are not limited to, two 20’ travel lanes, 5’ graded shoulders, exclusive eastbound left and right turn lanes at Sellers Avenue, median, median landscaping, utilities, 12” water main, signing, marking, and striping. Developer shall stub utilities for potential future development along roadway. Timing of the associated landscaping and irrigation systems shall be consistent with the Development Agreement and Parks and Recreation Department’s conditions of approval contained herein. The Developer shall post a sign to the satisfaction of the Community Development Director and City Engineer notifying all purchasers of homes or lots and Barrington residents that Sand Creek Road is planned for future eastward extension to Sellers Avenue.

22. If the developer and the City are unsuccessful in obtaining the right of way for Sand Creek Road from the eastern project boundary to Sellers Avenue, then developer shall modify the design and construct Sycamore Avenue extension from the eastern boundary of the Cedarwood development to Sellers Avenue to the satisfaction of the City Engineer. Construction shall begin within 60 days of written notice from the City to construct these improvements and shall be completed within 12 months. Improvements shall include but are not limited to, two 14’ travel lanes, 5’ graded shoulders, exclusive eastbound left and right turn lanes at Sellers Avenue, signing, marking, and striping.

23. The developer shall dedicate Parcel “G” for a future fire station on the first final map to the satisfaction of the City Engineer, with reimbursement to developer pursuant to section 2.5 of the Development Agreement.

24. The developer shall dedicate Parcel “H” to the school district as and when required by the City Engineer.

25. Developer shall grade and stub wet and dry utilities to the future school and fire station sites to the satisfaction of the City Engineer.

26. Except as otherwise provided in the Development Agreement, developer shall use non-potable water to irrigate all areas with extensive landscaping to the satisfaction of the City Engineer.

27. Developer shall construct storm drain Line “A” through the project site to the satisfaction of the City Engineer in coordination with CCCFCD prior to issuance of the 248th building permit.

28. Developer shall construct necessary improvements to provide for the removal of the utility poles located within the backyards of the westerly adjacent subdivision (8416) and reconstruct the fence line in its current alignment along the existing property line as necessary to the satisfaction of the City Engineer. This work shall be coordinated with the affected property owners and shall be completed concurrently with improvements to parcel “D” and “I” Street.

29. Developer shall dedicate parcels “A”, “B”, “C”, “D”, “E”, “F”, “I”, “J”, “K”, “L”, “M”, “N”, “O”, and “P”, in fee, to the City of Brentwood on the associated final map to the satisfaction of the City Engineer. 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. Maintenance of these improvements shall be included in the Landscaping and Lighting District for this project.

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

31. Developer shall relinquish access rights, except approved access locations, along Sand Creek Road and Garin Parkway on the final map to the satisfaction of the City Engineer.

32. 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 at the City's engineering department.

33. Developer shall be responsible for obtaining all necessary permits and approvals from affected agencies to the satisfaction of the City Engineer.

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 insure safe traffic operation.

35. The developer shall design and construct a minimum 10’ wide trail, landscape, and irrigation within the EBMUD property along the project frontage prior to issuance of the 248th building permit to the satisfaction of the City Engineer, Director of Parks and Recreation, and EBMUD.

36. The developer shall pay its fair share for future traffic signals systems at the following intersections; Chestnut Avenue/Sellers Road, Sellers Avenue/Sunset Road, and Garin Parkway/Oak Street to the satisfaction of the City Engineer prior to any map approval.

37. The required acreage for the proposed detention basin shall be finalized prior to any map approval to the satisfaction of the City Engineer and Contra Costa County Flood Control. In the event that the required acreage for the detention basin is larger than the proposed 7.8 acres, the developer shall provide additional area for detention basin by adjusting the lot size or number, and shall not decrease park acreage to the satisfaction of the City Engineer and the Director of Parks and Recreation.

38. All parks, pocket parks, 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.

39. Park Parcel A, and the basin within the park parcel, shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation and the City Engineer prior to the issuance of the 248th building permit and prior to the issuance of any building permit for any contiguous lot.

40. Trail Parcel D shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation and the City Engineer, prior to the issuance of the 57th building permit in the Hawthorne Neighborhood, Neighborhood No. 4, and prior to the issuance of any building permit for lots 35, 36, 71, or 72.

41. Park Parcel E shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 57th building permit in the Hawthorne Neighborhood, Neighborhood No. 4, and prior to the issuance of any building permit for lots 103, 125, 203, or 204.

42. The hardscape portion of Trail Parcel I shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation and the City Engineer prior to the issuance of the 248th building permit and prior to the issuance of any building permit for any contiguous lot. The landscape portion of Trail Parcel I south of Sand Creek Road, shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation and the City Engineer prior to the issuance of the 44th building permit in the Berkshire Neighborhood, Neighborhood No. 2, and prior to the issuance of any building permit for any contiguous lot. The landscape portion of Trail Parcel I north of Sand Creek Road, shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation and the City Engineer prior to the issuance of the 46th building permit in the Marquette Neighborhood, Neighborhood No. 5, and prior to the issuance of any building permit for any contiguous lot.

43. Trail Parcel O shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation and the City Engineer, prior to the issuance of the 47th building permit in the Wynstone Neighborhood, Neighborhood No. 1, excluding model homes, and prior to the issuance of any building for lots 227 through 236.

44. Park Parcel P shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 47th building permit in the Wynstone Neighborhood, Neighborhood No. 1, excluding model homes, and prior to the issuance of any building for lots 250 and 251.

45. Parcels J, K, L, M, and N shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation and the City Engineer. The timing of these improvements shall be consistent with the development of Sand Creek Road and the Engineering Department’s conditions of approval contained herein. All landscaping shall coordinate with the approved Sand Creek Road Landscape Master Plan.

46. Parcels B, and C shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation and the City Engineer, prior to the issuance of the 57th building permit in the Hawthorne Neighborhood, Neighborhood No. 4, and prior to the issuance of any building permit for lots 55, 87, 88, or 113.

47. Parcel F shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation and the City Engineer, prior to the issuance of the 57th building permit in the Penrose Neighborhood, Neighborhood No. 3, and prior to the issuance of any building permit for lots 162 or 163.

48. All parks, pocket parks, trails, street and open space landscape areas shall be maintained by the developer, at the developer’s expense, for 180 days after completion to the satisfaction of the Director of Parks and Recreation. After completion of the 180-day maintenance period, 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.

49. Tree species used throughout the project shall conform to the City of Brentwood Urban Forest Guidelines.

50. 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.

51. The developer shall construct a concrete masonry wall on the east and south sides of Park Parcel E, and the west side of Park Parcel P, to mitigate the impact of the homes on the park sites to the satisfaction of the Director of Parks and Recreation and the City Engineer.

52. 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.

53. Park Parcels A, E, and P are fee creditable per the Development Fee Program, excluding any portion of land less than 100 feet in width.

54. Trail Parcels D, I, and O are fee creditable per the Development Fee Program.

55. The developer shall design and construct a pedestrian activated signal at the Parcel I Trail crossing of Sand Creek Road at the same time as the development of this segment of Sand Creek Road, to the satisfaction of the Director of Parks and Recreation and City Engineer. This signal shall be operational prior to the issuance of the 248th building permit.

56. The developer shall design and construct parkway landscaping and irrigation improvements along Garin Parkway to the satisfaction of the Director of Parks and Recreation and the City Engineer. The west side improvements, south of the EBMUD ROW to the southerly boundary of Park Parcel A, the school frontage parkway improvements, and improvements on both sides of Garin Parkway, south of Sand Creek Road, shall be complete prior to the issuance of the 101st building permit. Landscape and irrigation improvements, along the Penrose Neighborhood frontage, shall be complete prior to the issuance of the 57th building permit in the Penrose Neighborhood. Landscape and irrigation improvements, along the Marquette Neighborhood frontage, shall be complete prior to the issuance of the 46th building permit in the Marquette Neighborhood.

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

58. The developer shall provide bus turnouts and rider shelters to facilitate transit use along Sand Creek Road. The precise location and design for the bus turnouts shall be submitted for review and approval on project improvement plans to the satisfaction of the City Engineer, Community Development Director, and Tri Delta Transit prior to recordation of the first final map. The bus turnouts shall be completed prior to the issuance of the 282nd building permit (excluding models). The shelters shall be designed and installed to the satisfaction of Tri Delta Transit and the Community Development Director. The bus shelter design shall be submitted for review and approval with project improvement plans

59. All mitigation measures contained in the Barrington Final EIR Mitigation Monitoring Plan are hereby incorporated by reference as conditions of approval for this project and shall be shown on the project building plans.

60. All street and park lighting shall utilize fixtures with either a cut-off or full cut-off classification.

61. The color and final design of the fencing around the detention basin shall be submitted for the review and approval of the Community Development Director prior to installation.

62. At the time of recordation of the Final Map, the applicant/developer shall comply with any City Council fire/emergency services programs established pursuant to the General Plan Safety Element in order to provide such adequate services to the community.

63. The Developer shall comply with the City’s Right to Farm Ordinance in Chapter 8.01 of the City Municipal Code and ensure that all buyers of homes or lots within 2,000 feet of agricultural lands or operations receive and sign a Real Estate Transfer Disclosure Statement prior to the close of escrow. The Developer shall forward written proof to the Community Development Department that the disclosure statements have been provided and signed prior to close of escrow of affected homes or lots within the subdivision. This requirement shall be noted on affected plot plans prior to the issuance of building permits.

64. The Developer shall provide local transit service and ride share information to all households prior to project occupancy. Local transit service and rideshare information packets shall be obtained from Tri Delta Transit and shall be placed inside all dwelling units prior to the final inspection for each unit.

65. The developer shall design all parks, trails, street and open space landscape areas to the satisfaction of the Director of Parks and Recreation. All parks, trails, street and open space landscape areas shall be substantially completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of any building permit of any lot that is contiguous to the area. The developer shall submit a tentative schedule of these improvements for review and approval by the Director of Parks and Recreation prior to recordation of the first final map.

66. The houses shall be plotted in accordance with a Master Plot Plan. The Master Plot Plan shall be submitted by the developer in accordance with the Development Plan information prepared by Carlson, Barbee, and Gibson date stamped received June 13, 2005, unless modified by the Planning Commission or any of these conditions.

67. The approval of the Development Plan does not infer that all setbacks have been adhered to. The developer is responsible for ensuring that all setbacks are met at the time of plot plan submittal for building permits.

68. A precise fire station facility development plan shall be submitted for review and approval to the Community Development Department, Engineering Department, and Contra Costa Fire Protection District prior to recordation of the first final map. Prior to the issuance of the 248th building permit or July 1, 2007 whichever occurs first, the developer shall commence construction of the fire station. The fire station shall be completed and ready for occupancy prior to the issuance of the 371st building permit or June 30, 2009 whichever occurs first to the satisfaction of the Community Development Director. In the event of unforeseen circumstances and upon receipt of a written request, the dates and milestones mentioned above may be adjusted to the satisfaction of the Community Development Director.

69. Modify “U” Court parcels to provide a minimum of two (2) single-story homes for review and approval of Community Development Department staff and explore the placement of one (1) additional single-story unit near the intersection of “EE” Court and “AA” Street.

EXHIBIT "C" TO
CITY COUNCIL RESOLUTION NO.

City Administration
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Brentwood, CA 94513
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