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CITY COUNCIL AGENDA ITEM NO. 29

Meeting Date: June 12, 2007

Subject/Title: Adopt a resolution approving a Tentative Parcel Map (MS 361-06) to subdivide approximately 3 acres into 4 single-family residential lots, including making the necessary findings for an exception to the City’s Density Transition Policy allowing one residential lot less than 20,000 sq. ft. to abut an existing residential parcel larger than one acre for the Hanberg property, located at 1941 Grant Street (APN 017-010-011).

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Community Development Director
____________________________________________________________________________

RECOMMENDATION
Adopt a resolution approving the tentative parcel map for the Hanberg Property, located at 1941 Grant Street and making the necessary findings regarding an exception to the City’s Density Transition Policy.

PREVIOUS ACTION
The Planning Commission recommended approval of Tentative Parcel Map No. 361-06 and the exception to the Density Transition Policy allowing one residential lot (Parcel “B”) less than 20,000 sq. ft. to abut an existing residential parcel (Bonnano Property) larger than one acre.

The City Council, on October 24, 2006, approved an amendment to Plan Development (PD) No. 26 (RZ 06-12) establishing development standards for Planning Area 6 of PD-26.

BACKGROUND
At the May 15, 2007, Planning Commission meeting, the Commission unanimously voted to recommend approval of Tentative Parcel Map No. 361-06 for the subdivision of approximately 3 acres into 4 single-family residential lots and an exception to the Density Transition Policy to allow a residential lot less than 20,000 sq. ft. to abut an existing residential lot larger than one-acre. The policy requires that any exceptions and the corresponding map be approved by the City Council.

PROJECT DESCRIPTION
The proposed parcel map would subdivide an existing 3-acre parcel currently developed with a single-family dwelling into four separate parcels as follows:

Parcel “A” – 15,074 sq. ft.
Parcel “B” – 14,699 sq. ft.
Parcel “C” – 42,491 sq. ft.
Parcel “D” – 38,427 sq. ft.

ANALYSIS
General Plan Consistency
The General Plan designation for this property is Low Density Residential (1.1 to 5.0 du/ac, with a midrange of 3 du/ac). This property is 3-acres in size and based upon the allowable General Plan density the site could have anywhere from 3 dwelling units up to 15 dwelling units with a midrange density of 9 dwelling units. The proposed plan will subdivide the 3-acre site into four smaller parcels for future residential development creating an overall density of 1.33 dwelling units per acre, consistent with the General Plan and well below the midrange density of 3 dwelling units per acre.

Zoning Consistency
This parcel is zoned Planning Area 6 of Planned Development No. 26. The minimum lot size for this zoning designation is 12,000 sq. ft. for single-family residential units. As stated above, the applicant is proposing lot sizes of 14,699, 15,074, 38,427, and 42,491 square feet. The minimum lot width required in Planning Area 6 is 70 feet. The lot widths proposed on this parcel map range from a minimum of 97 feet to 212 feet. The actual and required setbacks for the existing house and the future three single-family units are as follows:

Required Existing House
Minimum front yard setback 25 feet 105 feet
Minimum side yard setback 10 feet 50 and 105 feet
Minimum rear yard setback 30 feet 31.5 feet
Building height 35 feet/2 story 21 feet/single story

Therefore, the proposed lots and existing residential unit would continue to be in conformance with the zoning for the property.

Density Transition
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 only lot in question is Parcel “B”. It is a 14, 699 square foot lot abutting a 2.28-acre existing parcel (APN 017-010-014) to the east of the project site. Under the density transition policy this would be allowed because the adjacent property has a land use and zoning designation that would enable the future subdivision of the property into lots of a size smaller (12,000 sq. ft. vs. 14,699 sq. ft.) than those being planned in the proposed subdivision.

Staff has not received any correspondence from the adjacent owner objecting to the proposed lot size. 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. Staff has included a finding in the attached resolution addressing the density transition issue.

FISCAL IMPACT
The applicant will be required to pay all relevant fees as specified in the conditions of approval for Tentative Parcel Map No. 361-06. 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. Proposed City Council Resolution approving MS 361-06 with the exception to the density transition policy.
CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A TENTATIVE PARCEL MAP (MS 361-06) TO ALLOW THE SUBDIVISION OF AN APPROXIMATE 3-ACRE SITE INTO 4 LOTS FOR SINGLE-FAMILY RESIDENTIAL USE AND MAKING THE NECESSARY FINDINGS FOR AN EXCEPTION TO THE CITY’S DENSITY TRANSITION POLICY ALLOWING ONE RESIDENTIAL LOT LESS THAN 20,000 SQ, FT, TO ABUT AN EXISTING RESIDENTIAL PARCEL LARGER THAN ONE ACRE, LOCATED AT 1941 GRANT STREET. (APN 017-010-011)

WHEREAS, Rob and Maryann Hanberg have requested that the City approve Tentative Parcel Map No. 361-06 to allow the subdivision of approximately 3 acres into 4 single-family residential lots and make the necessary findings for an exception to the Density Transition Policy allowing one residential lot less than 20,000 sq. ft. to abut an existing residential parcel larger than one acre; and

WHEREAS, said tentative parcel 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 June 1, 2007, 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 May 15, 2007, and passed Resolution No. 07-036 recommending that the City Council approve Tentative Parcel Map No. 361-06; and

WHEREAS, the City Council has considered the staff report, 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 tentative parcel map is in conformance with the City’s General Plan and Zoning Ordinance because all of the proposed lots exceed the minimum lot size of 12,000 square feet as required by the Planned Development No. 26 Planning Area 6 Zoning and the overall unit density is at 1.33 units per acre, below the Low (L) General Plan Designation midrange density of three units per acre; 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 because the applicant will be required to make the necessary improvements to tie in to the City’s stormwater and sewer facilities; and

3. The site is physically suitable for the type and the density of development proposed because it does meet the General Plan and Zoning designations development requirements; and

4. The design of the subdivision is not likely to cause serious public health problems due to the fact that this project will be required to construct all of the necessary improvements needed to ensure a safe and healthy development; and

5. Since the adjacent property designated as the Bonnano Property (APN 017-010-014) is zoned Planning Area 6 of Planned Development No. 26 for single family residential development and could be subdivided into lots having a minimum size of 12,000 sq. ft. and no correspondence has been received from the owner of said property objecting to the lot sizes associated with the proposed subdivision, the intent of the Density Transition Policy as outlined in the City General Plan is being adhered to; and

6. The project site is not located within the City’s Redevelopment project areas; and

7. 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 Tentative Parcel Map No. 361-06, 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 to 14,699 square feet for Parcel “B”, due to the fact that the adjacent property designated as the Bonnano Property (APN 017-010-014) is designated and zoned for lot sizes smaller than those in the proposed subdivision.

This tentative parcel map is valid for two years and will expire on June 12, 2009, 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 June 12, 2007, by the following vote:








EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 361-06

1. All standard Conditions of Approval for Tentative Parcel Map, dated May 2005, are hereby incorporated by reference and shall be complied with by the developer, unless modified by any of the conditions listed below.

2. The final map shall be in substantial compliance with the Tentative Parcel Map 361-06 prepared by DeBolt Civil Engineering, dated “Received March 20, 2007”, unless modified by the City Council or other conditions herein.

3. The applicant shall design and construct street improvements for the proposed Minnesota Avenue within the project boundary including but not limited to pavement, street trees and other right-of-way landscaping, curb, gutter, sidewalk, storm drain, sanitary sewer and other utilities to the satisfaction of the City Engineer and Parks and Recreation Director, prior to issuance of any building permit. Also, the sanitary sewer line shall be stubbed up to Parcel’s “A”, “B”, “C” and “D” property lines.

4. The applicant shall dedicate necessary right of way for the proposed Minnesota Avenue at no cost to the City, prior to final map approval. Minnesota Avenue within the project boundary shall be 40 feet pavement width with 56 feet right of way width, including curb, gutter and sidewalk.

5. The applicant shall dedicate necessary right of way for the Grant Street future widening at no cost to the City, prior to final map approval.

6. The applicant shall convert overhead utility service of the existing house to underground service, prior to issuance of any building permit for Parcel “C”.

7. The applicant shall design and construct remaining street improvements to widen Cambrian Place including but not limited to pavement, curb, gutter, landscaping and sidewalk, prior to issuance of any building permit. Also, the applicant shall pay its fair share for the roadway and utility improvements previously installed along the Cambrian Place project frontage as per City’s Development Fee Program prior to final parcel map approval to the satisfaction of the City Engineer. Also, the applicant shall dedicate necessary right of way for Cambrian Place widening at no cost to the City.

8. The applicant shall enter into a subdivision improvement agreement and post necessary security to construct roadway and utility improvements for roadway improvements to the satisfaction of the City Engineer concurrent with parcel map approval. Improvements include but are not limited to pavement, curb, gutter, landscaping, soundwall, sidewalk, utilities, signing, striping, and marking.

9. The applicant shall construct all landscaping, soundwall, roadway and utility improvements prior to issuance of any building permit to the satisfaction of the City Engineer.

10. The applicant shall be responsible for mitigating the natural run-off from adjoining upstream lots prior to issuance of any building permit to the satisfaction of the City Engineer.

11. The applicant shall form or annex into the most current street lighting and landscape maintenance assessment district for maintenance of all public street lights and landscaping within or adjacent to the project prior to map approval to the satisfaction of the City Engineer.

12. The applicant shall form or annex into the most current City of Brentwood Community Facilities District to fund fire, emergency medical and public safety personnel, open space maintenance and operations, and flood and storm drain services prior to map approval to the satisfaction of the City Engineer.

13. Prior to issuance of any building permit for the individual lots (Parcels “A”, “B”, “C”, and “D”) the applicant shall design and construct storm water bio-filtration areas in accordance with the project Storm Water Control Plan and the Contra Costa County Clean Water Program Guidebook and to the satisfaction of the City Engineer.

14. The applicant shall install all signs and pavement markings including lane lines, legends, limit lines, etc. satisfactory to the City Engineer prior to issuance of any building permit and consistent with the Traffic Division Guidelines for preparation of Effective Signing and Striping Plans for Residential development.

15. Prior to issuance of a grading permit the applicant shall complete, to the satisfaction of the City Engineer, the following recommendations provided in the ”Phase 1 Environmental Site Assessment”, submitted by Geocon Consultants, Inc., date “Received September 13, 2006.

a. Soil sampling shall be conducted to determine the potential presence of lead in soil adjacent to the existing structures on site.

b. Based upon the historical use of the site and the reported past petroleum release southeast of the site, a soil and groundwater investigation shall be performed to determine the potential presence of metals and pesticides in shallow soil and petroleum hydrocarbons in groundwater at the site.

c. The three septic tanks and leach fields shall be removed and the two domestic water wells abandoned (if no longer needed) in accordance with Contra Costa County requirements. If UST’s, other septic systems, water wells and/or dry wells associated with prior agricultural land are encountered during future development of the site, these shall also be abandoned or removed in accordance with Contra Costa County requirements.

16. The applicant shall abandon all abutter’s access rights along Grant Street for Parcels “A” and “B” to the satisfaction of the City Engineer on the final map.

17. The applicant shall pay the current agricultural mitigation fee prior to issuance of a grading permit.

18. The applicant shall complete all of the Grant Street improvements along the project frontage, including right-of-way landscaping, prior to issuance of any building permit to the satisfaction of the City Engineer and Parks and Recreation Director.

19. The applicant shall pay the Habitat Conservation Plan fee prior to recordation of the final map.

20. Driveway locations for each parcel shall be to the satisfaction of the City Engineer and shall be shown on the improvement plans prior to approval.

21. To avoid potential impacts to burrowing owls, the applicant shall perform a pre-construction survey by a qualified ornithologist for this specie within 30 days prior to the start of any ground disturbing activities. The survey should be conducted in accordance with protocols outlines in the CDFG Staff Report on Burrowing Owl Mitigation (CDFG 1995). This survey may be conducted concurrently with the pre-construction survey for nesting birds if site preparation and/or construction are initiated within the breeding season (February through August). The survey shall be conducted by a qualified biologist not more than 30 days prior to the application for a grading permit. If burrowing owls are not discovered, further mitigation will not be required. If burrowing owls are observed during surveys, the applicant shall perform measures prescribed by the CDFG to limit the impact on the burrowing owl and or Swainson’s hawk.

22. Any future vegetation removal on-site shall occur in the non-breeding season, approximately September through January. If site preparation and/or construction is initiated during a pre-construction survey for nesting birds to ensure compliance with the MBTA and Fish and Game Code. The survey should be conducted within 15 days prior to the start of work from February through May (since there is a higher potential for birds initiate nesting during this period), and within 30 days prior to the start of work from June through August.

23. Any future vegetation removal on site shall occur in non-breeding season, approximately September through January.

24. If human remains are encountered during the course of the project, the applicant shall contact the County Coroner and an archaeologist immediately to evaluate the situation. Project personnel should not collect or move any archaeological materials. If deposits of pre-historic or historical archaeological are encountered during project activities, all work within 25 feet of the discovery shall be redirected and a qualified archaeologist shall be contacted to assess the situation and make recommendations.

25. The applicant shall submit, prior to issuance of any building permit, a detailed plan showing solid waste cart locations to the satisfaction of Public Works.

26. The applicant shall construct a soundwall pursuant to plans approved by the City. The applicant shall submit, prior to issuance of a grading permit, soundwall plans to Engineering and Community Development Divisions showing the location, design, height, materials and color of the soundwall along Minnesota Avenue and Grant Street. Said plans shall match the soundwall to be constructed as part of the conditions of approval for the adjacent St. Martin subdivision.

27. The applicant shall construct a temporary turnaround to the satisfaction of the Public Works Department and Fire District on Parcel “C”. Said turn around shall be large enough to allow fire apparatus and garbage trucks to maneuver appropriately and shall remain in place until such time as Minnesota Avenue becomes a through road.

28. The applicant shall work with the East Contra Costa Irrigation District to remove the ECCID blanket easement covering the project site, prior to final map approval.

29. Further subdivision of Parcels “C” and “D” may violate the Subdivision Map Act and require a tentative map regardless of the number of lots created.

30. Prior to final map approval, the developer shall record a deed restriction for each parcel that requires the continued operation and maintenance of the private stormwater control mechanisms. The wording of said deed restriction shall be approved by the City Attorney and Community Development Director.

31. The developer shall submit a noise study to the Community Development Department for review and approval prior to recordation of the final map. The developer shall attenuate any current or future noise impacts identified in the study to ultimate traffic projections for Grant Street, the realigned Minnesota Avenue and/or the Union Pacific Railroad tracks. Said study shall be completed and any recommended mitigation measures shall be approved and incorporated into the design of this project prior to approval of the final map, but in any event, the project shall incorporate at least a 6-foot high block wall along the northern boundary (Parcel “A” and “B”) and along a portion of the western boundary of Parcel “B”, to the approval of the Community Development Director and City Engineer, with the design of the wall to the satisfaction of the Community Development Director.

 

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