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CITY COUNCIL AGENDA ITEM NO. 35

Meeting Date: September 12, 2006

Subject/Title: Parkside Villas (Alexander Homes/Baca Properties), located south of Apricot Way and west of Fairview Avenue: Adoption of a Mitigated Negative Declaration; Introduction and waiver of the first reading of an ordinance for a Rezone (RZ 05-20) to amend PD-35 to create Subarea “I” and add specific development standards; Approval of a Tentative Subdivision Map (TSM 8982) to subdivide approximately 11 acres into 37 single-family residential lots, including making the necessary findings of the City’s Density Transition Policy allowing for residential lots less than 20,000 sq. ft. across from or abutting existing residential property one-acre or larger.

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Community Development Director
____________________________________________________________________________

RECOMMENDATION
The Planning Commission and staff recommend that in conjunction with Parkside Villas, located south of Apricot Way and west of Fairview Avenue, The City Council:

1. Adopt a resolution adopting a Mitigated Negative Declaration for the Parkside Villas project

2. Introduce and waive the first reading of an ordinance approving Rezone 05-20 amending Planned Development No. 35 by adding Subsection 17.485.050 to the Brentwood Municipal Code

3. Adopt a resolution approving Vesting tentative Subdivision Map 8982 and making the necessary findings regarding the City’s Density Transition Policy

PREVIOUS ACTION
The City Council granted a Residential Growth Management Program (RGMP) allocation to Alexandra Homes on August 23, 2005. The Planning Commission recommended approval of Rezone 05-20 and Vesting Tentative Subdivision Map 8982 and approved Design Review 05-25 on August 1, 2006.

BACKGROUND
At the August 1, 2006, Planning Commission meeting, the Commission unanimously voted to recommend approval of the rezone which would establish development standards for the approximately 11 acres generally located on the vacant land south of Apricot Way and west of Fairview Avenue. In addition, the Planning Commission voted to recommend approval of Vesting Tentative Subdivision Map No. 8982 for the subdivision of approximately 11 acres into 35 single-family dwelling units and a duet (attached) dwelling unit, and approved Design Review No. 05-25 to construct 37 single-family units. The approval of the subdivision map and the design review for this development are contingent on approval of this rezone of the site to Subarea “I” of PD-35.
PROJECT DESCRIPTION
The proposed rezone would establish new development standards for Subarea I within the Planned Development 35 (PD-35) Zone. The proposed subdivision map would subdivide approximately 11 acres into 37 single-family units.

ANALYSIS
The project site is zoned Planned Development (PD) 35 but currently does not have any development standards associated with it. Rezone 05-20 would create Subarea “I” and establish development standards for the project site. Land to the west is zoned Subarea “G” of PD-35, north is zoned Subarea “E” of PD-35 and east is zoned PD-35 with no development standards assigned to it, while land to the south is zoned PD-6. The applicant is requesting a rezone of the project site and the establishment of development standards for the site to accommodate the design of the project.

The proposed development standards are generally consistent with the existing standards for Subarea “G” of PD-35, with the exception of minimum lot size (5,800 square feet versus 8,000 square feet) and minimum lot depth (80 feet versus 105 feet). Following is a list of the proposed development standards:

A. Minimum lot size – 5,800 sq. ft. (3,600 sq. ft. for duets)
B. Minimum lot width – 60 feet (40 feet for duets); 30 feet for cul-de-sac lots, as measured at the front property line
C. Minimum lot depth – 80 feet
D. Minimum lot frontage – one-half the required lot width
E. Minimum front yard setback – 20 feet to front facing garage door and 15 feet to any primary building wall.
F. Minimum side yard setback – 5 feet with an aggregate of 12 feet and 10 feet on the street side of a corner lot (0 feet with an aggregate of 15 feet for Lot 32 of VTSM 8982).
G. Minimum rear yard setback – 20 feet (0 feet for Lot 31 and 12 feet for Lot 32of VTSM 8982).
H. Maximum building height – 30 feet and two stories
I. Maximum lot coverage – 45% for single-story units, providing that a minimum of 35% of the total number of lots have single-story units, otherwise the maximum lot coverage shall be 40%; 40% for two-story units.
J. 10% of the lots shall have side-loading garages.
K. 50% of the corner lots shall have single-story units located on them.

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. It should be noted that the affected property owner has been notified of the project as a result of the City’s public hearing notice process and through Certified Mail (see the attached letter from Alexandra Homes, dated February 20, 2006). Staff has received correspondence (see attached letter from Melrina A. Maggiora Houser, dated May 10, 2006) from the adjacent owner objecting to the proposed lot size.

The lots in question are 6 through 15. These 10 lots range in size from 5,805 to 8,383 square feet. Under the density transition policy this would be acceptable because the adjacent property owner 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 being planned in the proposed subdivision. The adjacent property is zoned PD-35 with no development standards associated with it. When development occurs on the adjacent property a rezone would be needed to establish development standards and at that time the minimum lot size could be the same as this proposed project. Staff has included a finding in the attached resolution addressing the density transition issue.

At the August 1, 2006 Planning Commission meeting, there was some discussion between the Natural Heritage Institute, the Planning Commission, staff and the applicant concerning what improvements could be or would be made to the portion of Sand Creek abutting the project site. Contra Costa County Flood Control has a future plan to construct a detention basin across the creek from this project and with the construction of this new detention basin they will also be making improvements to the creek itself. The concern was that the construction of this new subdivision most likely will move ahead of the construction of the detention basin and to what extent should improvements be made now by this subdivision versus what improvements will be made when the detention basin is constructed. The Planning Commission added the following condition (Exhibit “A” – Condition #5) to the conditions of approval for Vesting Tentative Subdivision Map No. 8982 in order to give the City discretionary approval for improvements to address any creek or flooding concerns:

Condition 5 – “The 45-foot wide swath along the southern boundary that will be dedicated to the City of Brentwood, shall be improved to the satisfaction of the Director of Public Works/City Engineer and the Director of Parks and Recreation. The timing of these improvements shall be consistent with the Parks and Recreation Department’s conditions of approval contained herein.”

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

Attachments:
1. City Council Resolution approving the adoption of a Mitigated Negative Declaration for Parkside Villas project.
2. City Council Ordinance approving the rezone to Planned Development No. 35 creating development standards for Subarea “I”.
3. City Council Resolution approving VTSM 8982 with the exception to the density transition policy.
4. A letter from Alexandra Homes, dated February 20, 2006.
5. A letter from Melrina A. Maggiora Houser, dated May 10, 2006.
6. Mitigated Negative Declaration for the Parkside Villas Project, dated May 2005.

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PARKSIDE VILLAS PROJECT, LOCATED ON THE 10.72-ACRE PARCEL SOUTH OF APRICOT WAY, WEST OF FAIRVIEW AVENUE, AND NORTH OF SAND CREEK (APN 019-092-032).

WHEREAS, Alexandra Homes has requested that the City approve a Mitigated Negative Declaration for the site located on the 10.72-acre parcel located south of Apricot Way, west of Fairview Avenue, and north of Sand Creek; and

WHEREAS, the proposed project information was referred to various public utility companies, public districts and pertinent 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 less than 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 ensure that the impacts identified are mitigated to a less than significant level; and

WHEREAS, the availability of said environmental document for the minimum 30-day public review and comment period was begun on May 6, 2006, and ended on June 5, 2006, and all comments received were responded to; and

WHEREAS, the Planning Commission of the City of Brentwood considered this Mitigated Negative Declaration at a public hearing at its regular meeting of June 6, 2006, and again on August 1, 2006, and recommend approval of the Mitigated Negative Declaration; and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties; and

WHEREAS, the City Council of the City of Brentwood considered this Mitigated Negative Declaration at a public hearing at its regular meeting of September 12, 2006; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

A. Hereby finds and determines that:

1. 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 project is within the scope of the development levels evaluated in the Program EIR prepared for the 1993 City of Brentwood General Plan. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on this evidence and the Mitigated Negative Declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR. The Mitigated Negative Declaration applies all applicable mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 General Plan are adequate for all approvals relating to the project; and

3. 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.

B. Hereby takes 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

The above actions are final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within ten (10) calendar days following City Council action.

PASSED by the City Council of the City of Brentwood at its regular meeting of September 12, 2006, by the following vote:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE 05-20 AMENDING PLANNED DEVELOPMENT NO. 35 BY ADDING SUBSECTION 17.485.050 TO THE BRENTWOOD MUNICIPAL CODE ESTABLISHING DEVELOPMENT STANDARDS FOR SUBAREA “I”, GENERALLY LOCATED ON THE VACANT 10.72 ACRE SITE SOUTH OF APRICOT WAY AND WEST OF FAIRVIEW AVENUE. (APN 019-092-032)

WHEREAS, Alexandra Homes has initiated a rezone to amend Planned Development No. 35 by adding development standards for Subarea I; and

WHEREAS, on August 1, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 06-40 which recommended the approval of the rezone to amend Planned Development No. 35 by adding development standards for Subarea I; and

WHEREAS, The Planning Commission concurrently recommended approval of VTSM 8982 by Resolution No. 06-41 and approved DR05-25 by Resolution No. 06-42; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on September 1, 2006, for the purpose of reviewing the application, considering the Planning Commission’s action and considering all comments made by the public with respect to this proposed zoning amendment; 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 Mitigated Negative Declaration, the presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zoning amendment; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

A. Hereby finds that:

1. The proposed rezone is consistent with the General Plan in that single-family residential development is allowed within the low density residential land use designation in which this site is located.

2. The proposed rezone is consistent with and implements the intent of the General Plan, whereby the development standards have been created for Planned Development No. 35 requiring low density residential development for the project site, consisting of 10.72 acres.

3. The proposed rezone establishes clear development standards for the uses permitted under the General Plan.

4. The proposed rezone will provide standards resulting in development that is consistent and compatible with surrounding uses, in that permitted and conditionally permitted uses, setbacks, heights, and other regulations are similar to those in adjacent subareas of the PD-35 Zone.

5. The proposed rezone will provide for adequate public uses and private open space, in that a 1.72-acre site has been established for a neighborhood park adjacent to Sand Creek and sufficient front, side, and rear yards have been provided through the implementation of minimum building setbacks.

6. The project will generate a level of traffic that can be accommodated by the public circulation system, existing or planned, in that the site is adjacent to two stub streets that will be extended and improved to City standards.

7. 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), in that 37 additional housing units will be provided, with all applicable development fees paid to the City at the time of building permit issuance.

8. The proposed project will clearly result in a more desirable use of land and a better physical environment than would be possible under any single zone or combination of zones, in that specific regulations have been implemented for the project site to ensure that the development is coordinated.

9. The PD-35 Zone is on property which has a suitable relationship to one or more thoroughfares; and said thoroughfares are adequate to carry any traffic generated by development consistent with the proposed PD-35 standards, in that Water Street and Helena Way will be improved to City standards, and the project is located near City collector and arterial alignments such as Apricot Way and Fairview Avenue.

10. The site plan for the proposed project 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 to insure compatibility, in that houses will be located in accordance with approved development standards providing for adequate private and public space, and a preliminary landscape plan has been submitted, including street trees and front yard landscaping.

11. The natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the proposed development plans for the project, in that a 1.72-acre neighborhood park will be provided adjacent to Sand Creek and sufficient private yards are provided for the single-family homes.

12. The development of the project, 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.

13. This project is not located within the City’s Redevelopment Project Area.

B. Hereby, approves Rezone 05-20 as requested by adding Subsection 17.485.050 through 17.485.054 to the Brentwood Municipal Code, as reflected below:

CHAPTER 17.485
PLANNED DEVELOPMENT (PD) NO. 35 ZONE
SUBAREA “I”

17.485.050 – AUTHORITY, PURPOSE AND INTENT
17.485.051 – PERMITTED USES
17.485.052 – CONDITIONALLY PERMITTED USES
17.485.053 – GENERAL DEVELOPMENT STANDARDS
17.485.054 – PLANNED DEVELOPMENT 35 SUBAREA MAP

17.485.050 – Authority, Purpose and Intent.

A. Authority. The PD-35 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-35 Subarea “I” is to permit and regulate the orderly development of approximate 11 acres located south of Apricot Way and north of Sand Creek, with low density residential use in accordance with the Brentwood General Plan.

C. Intent. The intent of creating the PD-35 Subarea “I” is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties.

17.485.051 - Permitted uses.
The following uses are permitted in the PD-35 Subarea “I” Zone:

A. Those uses permitted under the R-1 Zone, Section 17.130.002.

17.485.052 – Conditionally permitted uses.
Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted:

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

17.485.053 – General development standards.
All permitted and conditionally permitted uses developed within PD-35 Subarea “I” Zone shall comply with the following regulations:

A. Minimum lot size – 5,800 sq. ft. (3,600 sq. ft. for duets)
B. Minimum lot width – 60 feet (40 feet for duets); 30 feet for cul-de-sac lots, as measured at the front property line
C. Minimum lot depth – 80 feet
D. Minimum lot frontage – one-half the required lot width
E. Minimum front yard setback – 20 feet to front facing garage door and 15 feet to any primary building wall.
F. Minimum side yard setback – 5 feet with an aggregate of 12 feet and 10 feet on the street side of a corner lot (0 feet with an aggregate of 15 feet for Lot 32 of VTSM 8982).
G. Minimum rear yard setback – 20 feet (0 feet for Lot 31 and 12 feet for Lot 32 of VTSM 8982).
H. Maximum building height – 30 feet and two stories
I. Maximum lot coverage – 45% for single-story units, providing that a minimum of 35% of the total number of lots have single-story units, otherwise the maximum lot coverage shall be 40%; 40% for two-story units.
J. 10% of the lots shall have side-loading garages.
K. 50% of the corner lots shall have single-story units located on them.

17.485.054 – Planned Development 35 (PD-35) Subarea Map

ADOPTED by the City Council of the City of Brentwood at its regular meeting of September 12, 2006, by the following vote:

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A VESTING TENTATIVE SUBDIVISION MAP (VTSM 8982) TO ALLOW THE SUBDIVISION OF AN APPROXIMATE 11-ACRE SITE INTO 37 LOTS FOR SINGLE-FAMILY RESIDENTIAL USE AND MAKE THE NECESSARY FINDINGS OF THE CITY’S DENSITY TRANSITION POLICY ALLOWING RESIDENTIAL LOTS LESS THAN 20,000 SQ, FT, ACROSS FROM OR ABUTTING EXISTING RESIDENTIAL PROPERTY ONE-ACRE OR LARGER, LOCATED SOUTH OF APRIOCOT WAY AND WEST OF FAIRVIEW AVENUE. (APN 019-092-032)

WHEREAS, Alexandra Homes has requested that the City approve TSM 8982 to allow the subdivision of approximately 11 acres into 37 single-family residential lots and make the necessary findings to the Density Transition Policy allowing for residential lots less than 20,000 sq. ft. across from or abutting existing residential property one-acre or larger; and

WHEREAS, said tentative map was referred to various public utility companies, public districts, and pertinent City departments for review and recommendations; 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 September 1, 2006, 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 1, 2006, and passed Resolution No. 06-41 recommending approval of Vesting Tentative Subdivision Map No. 8982; 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

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

A. Hereby 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 the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife in their habitat; and

6. Since the adjacent property is designated for Low Density Residential development, and the Planning Commission recommended that this approval falls under an exception to the Density Transition Policy, the intent of the Density Transition Policy as outlined in the City General Plan is being adhered to; and

7. The proposed subdivision falls under an exception to the modified Density Transition Policy in the General Plan in that adjacent properties affected are zoned to allow the creation of similar sized lots.

8. The project site is not located within the City’s Redevelopment project areas.

9. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision.

B. Hereby takes the following actions:

1. Approves Vesting Tentative Subdivision Map No. 8982, effective only upon the date that Rezone No. 05-20 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

2. Approves the exception to the density transition policy from the required minimum 20,000 square foot lots to 10 lots ranging in size from 5,805 to 8,383 square feet, due to the fact that the adjacent properties are designated and zoned for lot sizes similar to those in the proposed subdivision.

This vesting tentative subdivision map is valid for two years and will expire on September 12, 2008, 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 12, 2006, by the following vote:

EXHIBIT “A”
TO CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE SUBDIVISION MAP NO. 8982

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 shall be in substantial compliance with the Vesting Tentative Map Subdivision 8982, prepared by Alexander & Associates, Inc., date stamp received July 5, 2006.

3. The developer shall process the complete abandonment of the easement in favor of Dino J. Ramagciotti et al, per 9729 OR 171, by separate instrument prior to final map approval. This easement is located along the west boundary of the project site. This private easement extends north of the project site over existing residential properties of the northerly adjacent subdivision 8556 to Apricot Way. For these affected properties within the northerly adjacent subdivision, the developer shall remove the AC roadway, grade the easement area to match the existing drainage pattern for each property, extend the existing backyard sub-drain system as necessary, relocate the existing fence along this easement to the property line, and extend side fences to connect. All work shall be coordinated with the affected residents and shall be completed to the satisfaction of the Director of Public Works/City Engineer prior to issuance of any building permit. The developer shall obtain written permission from each property owner prior to start of work.

4. The developer shall process the abandonment of the roadway easement offer of dedication to Contra Costa County located along the west boundary on the final map to the satisfaction of the Director of Public Works/City Engineer.

5. The 45 foot wide swath along the southern boundary that will be dedicated to the City of Brentwood, shall be improved to the satisfaction of the Director of Public Works/City Engineer and the Director of Parks and Recreation. The timing of these improvements shall be consistent with the Parks and Recreation Department’s conditions of approval contained herein.

6. The developer shall design and construct the relocation of the existing, temporary 36” outfall located at the southeast portion of the project site, as required by the Contra Costa County Flood Control & Water Conservation District, to the satisfaction of the Director of Public Works/City Engineer.

7. The developer shall design and construct storm water bio-filtration areas in accordance with the project Stormwater Control Plan and the Contra Costa County Cleanwater Program Guidebook, and to the satisfaction of the Director of Public Works/City Engineer.

8. The developer shall dedicate, in fee, Parcel “A” on the final map to the satisfaction of the Director of Public Works/City Engineer.

9. Per the RGMP approval for this project, the developer shall design and construct the north side widening of Sand Creek Road as a City standard 4-lane arterial between Fairview Avenue and the Villa Amador apartment project boundary (approximately 1,600 lf) to the satisfaction of the Director of Public Works/City Engineer prior to issuance of the 26th building permit, excluding model homes. Improvements include but are not limited to an additional westbound travel lane, bike lane, sidewalk, curb, gutter, signing, marking, and striping. These improvements shall be reimbursable per the Development Fee Program.

10. Per the RGMP approval for this project, the developer shall design and construct the landscape and irrigation systems for the Sand Creek Road median and southern parkway between Fairview Avenue and Shady Willow Lane to the satisfaction of the Director of Parks and Recreation and the Director of Public Works/City Engineer prior to issuance of the 26th building permit, excluding model homes.

11. Per the RGMP approval for this project, the developer shall design and construct the Creek Road Trail Extension from a point 200’ south of Balfour Road to an existing staging area at Summerset (approximately 2,400 lf) to the satisfaction of the Director of Public Works/City Engineer and the Director of Parks and Recreation prior to issuance of the 26th building permit, excluding model homes.

12. Signing and striping plans for the subdivision shall be prepared following the Guidelines of the Public Works Department for Preparation of Effective Signing and Striping Plans for Residential Developments.

13. The developer shall provide the City an irrevocable offer of dedication for Sand Creek along this project’s southerly boundary on the project’s final map. Any applicable maintenance cost for the creek shall be included in the Landscaping and Lighting District for this project. This offer of dedication shall replace the previous offer shown on 74 PM 27 if deemed necessary by the Director of Public Works/City Engineer.

14. Prior to building permit issuance, the developer shall pay $181,300 into the City’s PEC fund, to the satisfaction of the Community Development Director and the Director of Finance and Information Systems.

15. Prior to grading permit issuance, the developer shall pay an additional (beyond what is required for the project) $194,250 into the Agricultural Mitigation Fund, to the satisfaction of the Community Development Director and the Director of Finance and Information Systems.

16. All mitigation measures for the Parkside Villas project are herein incorporated by reference and shall be complied with by the developer.

17. The Developer shall dedicate Parcel “A” to the City of Brentwood in fee title on the first final map to the satisfaction of the Director of Public Works/City Engineer. Parcel “A” shall be designed, built, and open to the public to the satisfaction of the Director of Parks and Recreation prior to the issuance of the 19th building permit and prior to the issuance of any building permit for adjacent lots (Lots 1-6).

18. Any and all hardscape surfaces for trails will be concrete, at a minimum of 10 feet wide with two foot shoulders on each side. Trails will be constructed concurrent with street improvements to the satisfaction of the Director of Public Works/City Engineer and the Director of Parks and Recreation.

19. All parks, trails, pass-thru streets, and open space landscape areas shall be maintained by the developer, at the developer’s expense, until subdivision acceptance. After subdivision acceptance, these areas will be maintained by the City and will be paid by the subdivision’s Lighting and Landscape District or other acceptable City financing mechanism.

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

21. Park, open space, and trail improvements are not fee creditable.

22. The developer shall present to the Director of Parks and Recreation for approval, conceptual designs for all parks, trails, open space, and landscape areas prior to final map approval.

23. All trees will be selected and planted as per the City’s Urban Forest Guidelines.

24. The developer shall identify park, trail and open space areas within the subdivision with signage, prior to and through construction, and through maintenance to the satisfaction of the Director of Parks and Recreation.

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

26. The developer shall construct an eight foot high masonry wall on the common property line(s) for all lots adjacent to Parcel “A” (Lots 1-6) to the satisfaction of the Director of Public Works/City Engineer and the Director of Parks and Recreation, prior to any building permit issuance for said lots.

27. The developer shall construct a dual use maintenance road and Class I bike path north of Sand Creek to the satisfaction of the Director of Parks and Recreation and the Director of Public Works/City Engineer, prior to building permit issuance.

28. The developer shall provide to the Director of Public Works/City Engineer for review and approval, a geotechnical report, including analysis, findings and recommendations to assure stability of the proposed levee and adjacent basin slope. The study must consider saturated conditions on either side of the levee, increased pore pressure, potential for levee boils, groundwater conditions, liquefaction and extended saturated conditions.

29. The Developer/Applicant shall develop the Operation and Maintenance for water quality/bio-swales. The Operation and Maintenance Manual shall address all aspects of the bio-swale’s maintenance, including but not limited to; egress and ingress to access the C-3 bio-swale, sediment removal, weed and trash abatement schedule, inlet and outlet removal of impediments and obstructions time table, embankment stabilization and emergency stabilization work during winter storms, use of chemicals and sediment loading, removal of toxic soils and replacement, protection of all public open space improvements during the maintenance period and replacement of any and all damaged improvements and obtain a right-of-entry from the City for any work that requires use of motorized and noise generating equipment.

30. The Developer shall install a fence starting at the southeast corner of Lot 6 continuing approximately 40 feet south of this point terminating at the top of bank of Sand Creek and shall include a drive gate for the 10 foot wide pedestrian walkway. Said design and location of the fence and gate shall be to the satisfaction of the Director of Public Works/City Engineer and the Director of Parks and Recreation.
 

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