City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: September 13, 2005

Subject/Title: A Rezone and creation of development standards for an approximate 112-acre site, and a Vesting Tentative Subdivision Map to subdivide the site into 240 single-family residential lots (Prewett Ranch), located between Lone Tree Way and Grant Street, just east of O’Hara Avenue.

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
1. Introduce and waive the first reading of an Ordinance approving RZ 05-06 with the adoption of specific development standards for the project site.

2. Pass a Resolution approving VTSM 8954 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 the project site at its meeting of February 22, 2005. The Planning Commission recommended approval of RZ 05-06 and VTSM 8954 at its meeting of August 16, 2005.

BACKGROUND
At its meeting of August 16, 2005, the Planning Commission considered this request to rezone the project site from R-1-6, R-1-E, and PD-39 to PD-39 with the adoption of specific development standards, and a vesting tentative subdivision map subdividing the site into 240 single-family residential lots. At that meeting, the Commission passed Resolution No. 05-53, unanimously recommending that the City Council approve the rezone and vesting tentative subdivision map.

The project site consists of eight parcels totaling 112.4 acres bounded by Lone Tree Way on the north, County Flood Control drainage areas on the east and south, and large residential and agricultural properties on the west. Approximately 600 feet to the north, across Lone Tree Way, is the Brentwood Park subdivision. Approximately ¼ mile to the east is Brentwood Boulevard. Across the County Flood Control drainage area to the south is the EBMUD Aqueduct, the Grant Street extension, the approved Terreno subdivision, the Marsh Creek Elementary School, and single-family dwellings on Lone Oak Road. Approximately ¼ mile to the west is the approved Sterling Preserve III subdivision and O’Hara Avenue. There are five existing single-family dwellings on the project site that will be removed as part of the subdivision.

The project site is zoned a combination of R-1-6, R-1-E, and PD-39, while the General Plan designates the site a combination of Very Low (VL) and Low (L) Density Residential, with a mid-range of approximately 2.27 du/ac (dwelling units per acre). The applicant is proposing a density slightly below the mid-range, at 2.14 du/ac. The applicant is proposing to establish development standards that are generally consistent with existing single-family residential zoning districts in the City. The development standards are organized into three separate subareas (A, B, and C), with respective minimum lot sizes of 10,000, 14,000, and 20,000 square feet. Maximum lot coverage is proposed at 40% for all subareas, while maximum building heights are 30 feet for Subarea A and 35 feet for Subareas B and C. Minimum setbacks and other standards vary slightly between the subareas, and are reflected in the attached ordinance.

The project, as designed, does not meet some of the requirements of the existing zoning districts. As such, the applicant is requesting a rezone of the project site and the establishment of development standards to accommodate the unique design of the project. The existing PD-39 Zone that represents a portion of the project site was initially created to regulate development within a 30-lot single-family residential subdivision that was approved in 1999. Since that project has expired and the applicant requires a PD Zone to be established with development standards specific to the Prewett Ranch subdivision, staff recommends rezoning the R-1-6 and R-1-E portions of the project site to PD-39. This will eliminate the need to create a new PD Zone and simplify, to the greatest extent possible, the City’s Zoning Ordinance.

The project site is bisected east and west by the extension of Anderson Lane. The subdivision will be accessed from several points, including a new connection with Lone Tree Way by the northerly extension of Anderson Lane and a new connection with Grant Street by the southerly extension of Anderson Lane. Internal circulation includes two east-west connections with Anderson Lane (‘C’ Street and ‘E’ Street), a series of T-intersections and cul-de-sacs, and curvilinear alignments.

A total of 13 parcels will be created in addition to the 240 single-family residential lots. Parcels ‘A’-‘D’ are pocket parks totaling 4.22 acres. Parcels ‘A’ (0.7 acre) and ‘B’ (0.61 acre) are located at the northern tip of the project site and frame a temporary connection with Lone Tree Way. Parcel ‘C’ (1.88 acres) is located in the southwest quadrant of the project site and is surrounded by new streets on all four sides. Parcel ‘D’ (1.08 acres) is located on the east boundary of the project site, between Lots 69 and 70. This park will provide a direct connection to the proposed trail along the County Flood Control drainage area. The other nine remainder parcels comprise a combination of open space, landscape, and trail areas that will be located throughout and around the project site, as well as areas to use in future lot line adjustments between the two adjacent parcels on Lone Tree Way (McGuire and Angeles), with a total area of 3.54 acres.

The proposed lot sizes provide a mix that ranges from a minimum of 10,000 square feet to over 20,000 square feet, with the average being 14,250 square feet. There are 85 lots with a minimum size of 10,000 square feet (12,300 average), 145 lots with a minimum size of 14,000 square feet (15,700 average), and 10 lots with a minimum size of 20,000 square feet (21,400 average). In general with respect to the subdivision, the 10,000 square foot lots are grouped in the southwest quadrant, the 14,000 square foot lots comprise the remaining majority, and the 20,000 square foot lots are located along the northwest boundary to provide the required buffer for adjacent lots zoned Ranchette Estate.

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 along portions of the east boundary (Lots 66-69), the south boundary (Lots 75, 82, 83, 90, 91, 98, and 99), and the west boundary (Lots 194-198, 215-220, and 232). The area adjacent to the east boundary is designated Medium Density Residential by the General Plan and is zoned R-2, both of which would permit smaller lot sizes than those being proposed in the subdivision. The areas adjacent to the south and west boundaries are designated Very Low Density Residential by the General Plan and zoned R-1-E, both of which would permit minimum lot sizes of 14,500 square feet.

The applicant has mailed letters to the owners of those properties affected by the density transition proposed as part of the project in an effort to have their opinion on the proposed lot sizes and configurations. Copies of those letters are located in the project file. 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 not received any correspondence from the respective owners of these properties objecting to the proposed lot sizes. Staff has included a finding in the attached resolution addressing the density transition issue.

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.

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

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 05-06) FROM R-1-6, R-1-E, AND PD-39 TO PD-39 WITH THE ESTABLISHMENT OF SPECIFIC DEVELOPMENT STANDARDS FOR AN APPROXIMATE 112-ACRE SITE, LOCATED BETWEEN LONE TREE WAY AND GRANT STREET, JUST EAST OF O’HARA AVENUE (APN’S 018-120-002, 003, 006, AND 008, AND 018-130-004, 005, 006, AND 009).

WHEREAS, Suncrest Homes has requested that the City approve a rezone from R-1-6, R-1-E, and PD-39 to PD-39, a vesting tentative subdivision map to subdivide an approximate 112-acre site into 240 single-family residential lots, and a design review for 13 house plans, located between Lone Tree Way and Grant Street, just east of O’Hara Avenue; and

WHEREAS, on August 16, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 05-53, 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 July 14, 2005, and ended on August 2, 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 Contra Costa Times on July 14, 2005, and again on September 2, 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 September 13, 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. 8954; 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 112-acre site, as shown on Exhibit "A" to this Ordinance, is hereby rezoned from R-1-6, R-1-E, and PD-39 to PD-39 for single-family residential development.

Section 3.

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

Section 4.

Chapter 17.490 of the Brentwood Municipal Code, established to regulate development of the “Lone Oak Equestrian Park” project, is hereby rescinded.

Section 5.

Chapter 17.490 of the Brentwood Municipal Code is hereby amended for the purpose of regulating certain real property and establishing development standards for the PD-39 Zone and Vesting Tentative Subdivision Map No. 8954, as shown on Exhibit "B" to this Ordinance.

Section 6.

Development standards for Vesting Tentative Subdivision Map No. 8954 are hereby included as shown in Exhibit "C" attached hereto and made a part of this Ordinance.

Section 7.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing a summary of the Ordinance prepared by the City Attorney in the Ledger-Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

Section 8.

In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 13th day of September 2005, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 27th day of September 2005, by the following vote:

Exhibits:
Exhibit "A" – Subarea map of PD-39
Exhibit "B" – Legal description of area to be rezoned
Exhibit "C" – Development standards for PD-39

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO.
SUBAREA MAP OF PD-39

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

EXHIBIT "B" TO
CITY COUNCIL ORDINANCE NO.
LEGAL DESCRIPTION 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. 8954

CHAPTER 17.490
PD-39 (PLANNED DEVELOPMENT NO. 39) ZONE

SUNCREST HOMES (VTSM 8954) – PREWETT RANCH


17.490.001 AUTHORITY, PURPOSE AND INTENT
17.490.002 PERMITTED USES
17.490.003 CONDITIONALLY PERMITTED USES
17.490.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS
17.490.005 OTHER REGULATIONS

17.490.001 AUTHORITY, PURPOSE AND INTENT

The authority, purpose and intent for the adoption of the PD-39 (Planned Development No. 39) Zone, as shown on Attachment “A”, are as follows:

A. Authority: The PD-39 Zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. Purpose: The purpose of the PD-39 Zone is to permit and regulate the orderly development of approximately 112 acres located between Lone Tree Way and Grant Street, just east of O’Hara Avenue, with a combination of very low and low density residential uses in accordance with the Brentwood General Plan, for a maximum of 240 lots and 13 remainder parcels, including parks and a trail system.

C. Intent: The intent of creating the PD-39 Zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent areas, while providing for needed housing.

17.490.002 PERMITTED USES:

The following uses are permitted in the PD-39 Zone:

A. Single-family dwelling units not exceeding a density of 2.14 units per gross acre, for a maximum of 240 primary units;

B. Parks, playgrounds, and recreational trails;

C. Those uses permitted under the R-1 Zone, Section 17.130.002 of the zoning ordinance;

17.490.003 CONDITIONALLY PERMITTED USES:

The following uses are conditionally permitted in the PD-39 Zone:

A. Those uses conditionally permitted under the R-1 Zone, Section 17.130.003 of the zoning ordinance.

17.490.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT, AND RELATED MATTERS:

All permitted and conditionally permitted uses developed within the PD-39 Zone shall comply with the following regulations:

SUBAREA A: THE EXECUTIVES

A. Minimum Lot Area: 10,000 square feet

B. Minimum Lot Width: 85 feet

C. Minimum Lot Depth: 110 feet

D. Minimum Lot Frontage: 30 feet for lots on cul-de-sacs, knuckles or curvilinear streets at the front property line

E. Minimum Front Yard Setback: 25 feet (20 feet for porches)

F. Minimum Side Yard Setback: 10 feet (5 feet for detached and semi-detached garages and porte cocheres)

G. Minimum Rear Yard Setback: 20 feet

H. Maximum Building Height: 2 stories, not to exceed 30 feet

I. Maximum Lot Coverage: 40%

J. 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 Municipal Code

K. Maximum Number of Primary Dwelling Units: 85

SUBAREA B: THE ESTATES

A. Minimum Lot Area: 14,000 square feet

B. Minimum Lot Width: 95 feet

C. Minimum Lot Depth: 130 feet

D. Minimum Lot Frontage: 30 feet for lots on cul-de-sacs, knuckles or curvilinear streets at the front property line

E. Minimum Front Yard Setback: 25 feet (20 feet for porches)

F. Minimum Side Yard Setback: 10 feet (5 feet for detached and semi-detached garages and porte cocheres)

G. Minimum Rear Yard Setback: 20 feet

H. Maximum Building Height: 2 stories, not to exceed 35 feet

I. Maximum Lot Coverage: 40%

J. 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 Municipal Code

K. Maximum Number of Primary Dwelling Units: 145

SUBAREA C: DENSITY TRANSITION

A. Minimum Lot Area: 20,000 square feet

B. Minimum Lot Width: 90 feet

C. Minimum Lot Depth: 120 feet

D. Minimum Lot Frontage: 85 feet for lots on cul-de-sacs, knuckles or curvilinear streets at the front property line

E. Minimum Front Yard Setback: 25 feet (20 feet for porches)

F. Minimum Side Yard Setback: 10 feet (5 feet for detached and semi-detached garages and porte cocheres)

G. Minimum Rear Yard Setback: 20 feet

H. Maximum Building Height: 2 stories, not to exceed 35 feet

I. Maximum Lot Coverage: 40%

J. 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 Municipal Code

K. Maximum Number of Primary Dwelling Units: 10

17.490.005 OTHER REGULATIONS:

A. Design and site development review shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004.H.

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

C. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.

D. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660.

E. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A VESTING TENTATIVE SUBDIVISION MAP (VTSM 8954) TO ALLOW THE SUBDIVISION OF AN APPROXIMATE 112-ACRE SITE INTO 240 LOTS FOR SINGLE-FAMILY RESIDENTIAL USE AND 13 REMAINDER PARCELS, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED BETWEEN LONE TREE WAY AND GRANT STREET, JUST EASH OF O’HARA AVENUE (APN’S 018-120-002, 003, 006, AND 008, AND 018-130-004, 005, 006, AND 009).

WHEREAS, Suncrest Homes has requested that the City approve a rezone from R-1-6, R-1-E, and PD-39 to PD-39 and a vesting tentative subdivision map to subdivide approximately 112 acres into 240 single-family residential lots, 13 remainder parcels, and related improvements located between Lone Tree Way and Grant Street, just east 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 July 14, 2005, and ended on August 2, 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 Contra Costa Times on July 14, 2005, and again on September 2, 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 August 16, 2005, and passed Resolution No. 05-53 recommending approval of Vesting Tentative Subdivision Map No. 8954; 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 surrounding properties are designated for Medium 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 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 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 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. 8954, effective only upon the date that Rezone No. 05-06 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 10,000-plus square foot lots due to the fact that the affected 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 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” – Vesting Tentative Subdivision Map No. 8954
Exhibit “B” – Conditions of approval for VTSM 8954

EXHIBIT "A" TO
CITY COUNCIL RESOLUTION NO.
VESTING TENTATIVE SUBDIVISION MAP NO. 8954

EXHIBIT "B" TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE SUBDIVISION MAP NO. 8954


1. All applicable Standard Conditions of Approval for Tentative Subdivision Maps, dated May 2005, 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(s) shall be in substantial compliance with Vesting Tentative Subdivision Map No. 8954 prepared by Carlson, Barbee & Gibson, Inc., date stamp received August 9, 2005.

3. Staff shall ensure that the subdivision complies with all improvements identified in the RGMP allocation approved by the City Council on February 22, 2005.

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 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.

6. Lots 231-240 shall be reserved for the building of custom homes. Design Review applications for these 10 lots shall be subject to the City’s single-lot design review process. None of the 13 plans approved as part of DR 05-07 shall be used to satisfy this condition.

7. This vesting tentative subdivision map is approved in five development phases, per the Phasing Plan submitted by the applicant, date stamp received July 8, 2005. Any change in the timing and/or configuration of the phasing shall require the review and approval of the Community Development Director and the City Engineer, and may affect the timing of these conditions. In this case, the Community Development Director and the City Engineer reserve the right to bring these conditions back to the Planning Commission for review.

8. 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 Marsh Creek Elementary School
• Identification of Lone Tree Way as a major arterial with high traffic volumes
• Adjacent unincorporated area under the jurisdiction of Contra Costa County
• Existing concrete batch plant directly east of the subdivision, located on Brentwood Boulevard
• Potential future subdivision of the area directly west of the project site
• Potential future extension of stub streets
• Grant Street leads east to the Sunset Sports Park
• Identification of pocket parks and trail system associated with the subdivision
• 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

9. 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.

10. Parcels ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’, ‘J’, ‘K’, and ‘M’ and all landscaped medians and streetscapes shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation, prior to the issuance of any building permit for any contiguous lot. These parcels shall also be dedicated to the City of Brentwood on the associated final map(s).

11. Parcels ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’, ‘J’, ‘K’, and ‘M’ and all landscaped medians and streetscapes shall be maintained by the developer, at the developer’s expense, until subdivision acceptance. This responsibility will be indicated in writing by appropriate signage until subdivision acceptance, to the satisfaction of the Director of Parks and Recreation. 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.

12. Parcels ‘A’ and ‘B’ shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 14th building permit in Phase I of the approved phasing plan, and prior to the issuance of any building permit for any contiguous lot.

13. Parcel ‘H’ shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 12th building permit in Phase II of the approved phasing plan, and prior to the issuance of any building permit for any contiguous lot.

14. Parcels ‘C’, ‘G’, and ‘J’ shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 46th building permit in Phase III of the approved phasing plan, and prior to the issuance of any building permit for any contiguous lot.

15. Parcels ‘D’, ‘E’, ‘K’, and ‘M’ shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 33rd building permit in Phase IV of the approved phasing plan, and prior to the issuance of any building permit for any contiguous lot.

16. Parcel ‘F’ shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 20th building permit in Phase V of the approved phasing plan, and prior to the issuance of any building permit for any contiguous lot.

17. Regardless of the conditions mentioned within related to phasing, Parcels ‘A’, ‘B’, ‘C’, and ‘D’ shall be constructed and completed by the developer to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 121st building permit for the entire subdivision.

18. Park improvements (Parcels ‘A’, ‘B’, ‘C’, and ‘D’) will be fee creditable per the City’s Development Fee Program and as they are consistent with the approved RGMP allocation.

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

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

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

22. 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.

23. The developer shall construct a 6-foot high hand-laid masonry wall, with the design to be approved by the Planning Commission, along the following common property lines: Lot 29 and Parcel ‘B’, Lot 69 and Parcel ‘D’, Lot 70 and Parcel ‘D’, Lot 74 and Parcel ‘E’, and Lot 240 and Parcel ‘A’. This shall be done to mitigate the impact of the homes on the City parcels to the satisfaction of the Director of Parks and Recreation and the City Engineer. The developer shall also construct an 8-foot high hand-laid masonry wall along the east and south boundaries of the McGuire parcel (APN 018-120-001), as well as the west and south boundaries of the Angeles parcel (APN 018-120-004).

24. 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.

25. The cul-de-sac ends of ‘C’ Court, ‘D’ Court, ‘E’ Court, ‘F’ Street, ‘G’ Court, ‘H’ Court, ‘I’ Street, ‘J’ Street, and ‘K’ Street shall be designed in such as manner that pedestrian access is available through the cul-de-sac to the satisfaction of the City Engineer and the Director of Parks and Recreation.

26. The developer shall construct a trail in Parcels ‘D’, ‘E’, ‘F’, ‘G’, and ‘H’ to the satisfaction of the Director of Parks and Recreation and the CCCFC&WCD.

27. The developer shall make safe trail connections from Parcel ‘E’ to the EBMUD trail to the satisfaction of the Director of Parks and Recreation. If a pedestrian bridge is required, it will be constructed by the developer and is fee credible as per the City’s Development Fee Program.

28. The developer shall construct a safe trail crossing from Parcel ‘F’ to Parcel ‘H’ across Anderson Lane to the satisfaction of the City Engineer and Director of Parks and Recreation.

29. All front yard landscaping shall be completed in accordance with the standard conditions of approval, or another program proposed by the developer, to the satisfaction of the Community Development Director and the Parks and Recreation Director.

30. The developer shall acquire the necessary right-of-way, design, and construct the widening of the south half of Lone Tree Way from Tilton Lane to Anderson Lane as a City standard 4-lane arterial to the satisfaction of the City Engineer prior to building permit issuance, excluding models. Improvements shall include but not be limited to pavement, masonry walls, curb, gutter, sidewalk, utilities, parkway landscaping and irrigation, signing, marking and striping. This work shall be coordinated with the tentatively proposed adjacent development to the west. A portion of these improvements is fee creditable per the Development Fee Program. If these improvements are performed as part of an assessment district, then this condition shall be considered satisfied.

31. The developer shall dedicate, in fee, right-of-way along the Lone Tree Way project frontage to accommodate a 70-foot half width City standard arterial on the final map to the satisfaction of the City Engineer. A portion of this dedication is fee creditable per the current Development Fee Program.

32. The developer shall acquire the necessary right-of-way, in fee, from the Jones parcel (APN 018-140-021) to accommodate the widening of Lone Tree Way to provide for exclusive lanes for eastbound left, westbound left, and eastbound right turn movements from Lone Tree Way to Anderson Lane with adequate transitions as and when required by the City Engineer. 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 Government Code Section 66462 at such time as the City acquires an interest in the land which will permit the improvements to be made. The developer shall pay or reimburse the City for all costs incurred by the City in filing an eminent domain proceeding. The developer shall pay all costs in excess of the costs authorized by the City’s Development Fee Program.

33. The developer shall design and construct Anderson Lane within the project boundary as a modified 2-lane collector, with a 76-foot right-of-way, to the satisfaction of the City Engineer prior to issuance of the 51st building permit or as required to provide sufficient access and circulation. Improvements shall include but not be limited to two travel lanes, masonry wall, bike lanes, curb, gutter, sidewalk, utilities, landscape, irrigation, signing, marking and striping. A portion of these improvements are fee creditable per the current Development Fee Program.

34. The developer shall design and construct Anderson Lane from the south project boundary to Grant Street as a modified 2-lane collector, to the satisfaction of the City Engineer, prior to issuance of the 51st building permit. Improvements shall include but not be limited to two travel lanes, exclusive left turn lane at Grant Street, bike lanes, curb, gutter, monolithic sidewalk, utilities, culvert crossing of the CCCFC&WCD drainage channel, structural protection of the EBMUD aqueducts, traffic signal system modifications, signing, marking and striping. The developer shall procure the necessary license agreements and easements with EBMUD and the CCCFC&WCD. A portion of these improvements is fee creditable per the Development Fee Program.

35. The developer shall acquire the necessary right-of-way, design, and construct Anderson Lane from the north project boundary to Lone Tree Way as a 2-lane collector with a 60-foot right-of-way prior to issuance of any building permit for homes located north of “C” Street and west of Anderson Lane, excluding model homes, to the satisfaction of the City Engineer. Improvements shall include two travel lanes, traffic signal system, bike lanes, curb and gutter, sidewalk, utilities, culvert crossing of the CCCFC&WCD drainage channel, signing, marking and striping. The signal facilities shall be placed in the ultimate location on the south side of Lone Tree Way and in an interim location on the north side of Lone Tree Way. The developer shall procure the necessary license agreement with CCCFC&WCD. These improvements are fee creditable per the Development Fee Program. 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 Government Code Section 66462 at such time as the City acquires an interest in the land which will permit the improvements to be made. The developer shall pay or reimburse the City for all costs incurred by the City in filing an eminent domain proceeding. The developer shall pay all costs in excess of the costs authorized by the City’s Development Fee Program.

36. The intersection of Lone Tree Way and ‘A’ Street shall be temporary. This access shall be closed to through traffic within one month after access to Lone Tree Way through Anderson Lane is made available. This connection may be used to access the model homes after through traffic is closed. When access to the model homes is no longer necessary, this area shall be improved and incorporated into the adjacent parks to the satisfaction of the City Engineer and Director of Parks and Recreation.

37. The developer shall design and construct an 8-inch sewer main and an 8-inch water main with one each utility stubs to the four existing adjacent parcels along Tilton Lane from Lone Tree Way to ‘C’ Street prior to issuance of any building permit for Lots 230-240 to the satisfaction of the City Engineer.

38. The developer shall construct a temporary EVA within Parcel ‘E’ to the satisfaction of the City Engineer prior to issuance of the 26th building permit.

39. The developer shall process lot line adjustments for the McGuire parcel (APN 018-120-001) and the Angeles parcel (APN 018-120-004) as and when required by the City Engineer.

40. The developer shall install permanent stormwater treatment measures within the project to comply with provision C-3 of the City’s NPDES permit. These measures may include but not be limited to the installation of vegetated bio-swales within the parkways of the roadways, trails, and parks or mechanical devices to the satisfaction of the City Engineer.

41. The developer shall design and construct the non-potable water system to irrigate Parcels ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’, ‘J’, ‘K’, and ‘M’ to the satisfaction of the City Engineer.

42. The developer shall relinquish access rights, except approved access locations, along Lone Tree Way and Anderson Lane on the final map to the satisfaction of the City Engineer.

43. 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.

44. The developer shall design and construct 24-inch water and 16-inch non-potable water mains within Grant Street from Cesar Chavez Drive across Brentwood Boulevard (State Route 4) to Sunset Road to the satisfaction of the City Engineer. The developer shall begin construction within 3 months of Caltrans approval. The developer shall utilize trenchless construction methods as feasible and shall obtain the necessary approvals from Caltrans with the assistance of the City. These improvements shall be fee creditable and or reimbursable per the Development Fee Program.

45. If a tentative map is not approved encompassing the Dutra parcel (APN 018-100-029) and the Mangini parcel (APN 018-110-004), then the developer shall design and construct ‘C’ Street to O’Hara Avenue as a minimum 24-foot wide pavement section with wet utilities and graded shoulders to the satisfaction of the City Engineer prior to issuance of the 176th building permit. The developer may request a benefit assessment district for these improvements subject to City Council approval. If Anderson Lane from Lone Tree Way to the north project boundary is operational, this condition of approval shall be considered satisfied.

46. 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.

47. The developer shall install a traffic signal system at the intersection of Anderson Lane and Lone Tree Way concurrent with intersection improvements to the satisfaction of the City Engineer. A portion of these improvements is fee creditable per the Development Fee Program.

48. 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.

49. All mitigation measures identified in the approved Mitigated Negative Declaration prepared for this project shall be complied with by the developer, to the satisfaction of staff.

50. The street shown as Anderson Lane shall be renamed to Adams Lane, to the satisfaction of the Police Department and the Fire District, and shall be reflected on the final map.

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov