CITY COUNCIL AGENDA
ITEM NO. 38
Meeting Date: December 13, 2005
Subject/Title: Adopt a Resolution amending the 2005/06 – 2009/10 Capital
Improvement Program (CIP) to include the budget for the Tuscany Soundwall
Prepared by: Engineering: Eunejune Kim
Approved by: Engineering: Bailey Grewal
Adopt a Resolution amending the 2005/06 – 2009/10 Capital Improvement
Program (CIP) to include the budget for the Tuscany Soundwall Extension.
On June 9, 1990, Vesting Tentative Subdivision Map No. 7474 (Tuscany Phases
I and II) was approved by Planning Commission.
On September 5, 2000, Tentative Subdivision Map No. 8369 (Tuscany III) was
approved by Planning Commission.
On June 25, 2002, improvements and right-of-way for Subdivision Map No. 8368
(Tuscany Phase II) was accepted by City Council.
On August 27, 2002, improvements and right-of-way for Subdivision Map No.
7474 (Tuscany Phase I) was accepted by City Council.
On May 25, 2004, improvements and right-of-way for Subdivision Map No. 8369
(Tuscany Phase III) was accepted by City Council.
The Tuscany development by Beck Properties, Inc., located south of San Jose
Avenue and east of the Highway 4 Bypass (Bypass), consists of 126 single
family residential units within approximately 80 acres. The final phase was
completed and accepted in May 2004. Due to its proximity to the Bypass,
noise mitigation has been an issue of concern. Numerous sound studies were
performed to ensure that the final design of the soundwall would adequately
mitigate noise from the ultimate buildout of the Bypass. Tentative
Subdivision Map No. 8369 (Tuscany III) was approved by Planning Commission
Resolution No. 00-59 on September 5, 2000 with Condition No. 7, which
requires the reimbursement/fee credits of any soundwall cost over and above
During the entitlement process, staff negotiated with the Developer to share
the cost of these improvements due to an opening in the soundwall required
for trail and maintenance road for PG&E over and above the Developer’s
responsibility for mitigation. The Developer’s share of the improvements was
determined, based on the sound study performed at the entitlement process
time, to be $135,000. The Developer constructed the soundwall as recommended
by the project sound study. The soundwall was constructed along the west
boundary of the Tuscany development, spanning from Subdivision No. 8368
(Tuscany Phase II) and Subdivision No. 8369 (Tuscany Phase III).
The City did not reimburse the Developer for any of the above soundwall
improvements. The Developer’s project was completed and accepted in May
2004, after satisfaction of the entitlement requirements.
In early 2004, Tuscany residents raised concerns to the City about the noise
level being higher than normal. After numerous meetings with Beck
Properties, Inc., the City had another sound study done to analyze that
specific cul-de-sac area. The sound study which was finalized in July 2004,
did confirm that the existing noise level is within the acceptable limits of
the City’s Noise Element, but would exceed these limits at a receptor
location in the backyard of 1950 Castellina Court with the ultimate buildout
of the Bypass. The study recommended extending the soundwall across
Castellina Court to mitigate noise. After the second study in July 2004, the
Developer agreed to further contribute funds to mitigate noise in the amount
Now as specified in the Conditions of Approval, the balance of cost of
additional improvements is to be funded by roadway and park facility fees.
Construction of this wall extension will satisfy the requirement of any
obligation the City may have, as specified in the Tentative Map Conditions
of Approval. City staff recommends that the Council amend the 2005/06
-2009/10 CIP to include this project.
The attached CIP budget sheet reflects funding for the design and
construction of these improvements per Tentative Map Conditions of Approval.
Funding for the City share of soundwall improvements will be through roadway
and park facility fees. At the time of entitlement, the cost of the City’s
participation had not been determined with the intention that it would be
realized with a final, approved design. The Developer has constructed a
soundwall along the subdivision boundary for approximately $135,000. City
staff’s analysis concluded that at this time the funding of this project
would be an appropriate mechanism for participation since the development
has been completed and use of fee credits is no longer feasible.
CIP Budget Sheet
CIP Project Map
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE
2005/06 – 2009/10 CAPITAL IMPROVEMENT PROGRAM (CIP) TO INCLUDE THE BUDGET
FOR THE TUSCANY SOUNDWALL EXTENSION.
WHEREAS, a soundwall was designed and constructed along the west boundary of
the Tuscany development in accordance with the applicable sound analysis at
the time as a required mitigation measure of development; and
WHEREAS, improvements for the Tuscany development have been accepted by the
WHEREAS, a follow up sound study prepared by Wilson, Ihrig & Associates,
Inc. on July 14, 2004, on file in the office of the City Engineer,
identified a deficiency in the existing soundwall configuration at Highway 4
Bypass buildout; and
WHEREAS, an extension of the soundwall would correct the existing deficiency
to comply with the Noise Element of the City’s General Plan; and
WHEREAS, the City has negotiated with the Developer of Tuscany (Beck
Properties Inc.), to participate in funding this soundwall as specified in
Condition No. 7 of Planning Commission Resolution No. 00-59, (Tentative Map
for Subdivision No. 8369, Phase III of Tuscany); and
WHEREAS, the funding of the Tuscany Soundwall Extension would be an
appropriate mechanism for City’s funding participation as required by the
Conditions of Approval.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood:
1. The 2005/06 – 2009/10 Capital Improvement Program (CIP) is hereby amended
to include the budget for the Tuscany Soundwall Extension.
2. The construction of the soundwall extension is hereby deemed to satisfy
the intent of Condition No. 7 of the Planning Commission Resolution No.
00-59, Tentative Map for Subdivision No. 8369, Phase III of Tuscany.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 13th day of December 2005 by the following