CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037
June 11, 2024, 7:00 p.m.
City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. REPORT ON CLOSED SESSION
D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.
Zoom participation during this general public comment period will not be accepted.
E. PRESENTATIONS
E.1 Recognition of Brentwood Resident Troy White
E.2 Youth Commission Year in Review
F. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.
G. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
G.1 Minutes of the City Council/Successor Agency meeting of May 28, 2024 G.2 Minutes of the Special City Council meeting of May 28, 2024, and June 4, 2024 G.3 A Proclamation Proclaiming June 19, 2024, as Juneteenth G.4 Amendment No. 1 to the Agreement for Artist Services with Douwe Blumberg for the “Fields of Time” Public Art Spaces, CIP #337-37244
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute an amendment to the agreement with Douwe Blumberg for the “Fields of Time” (“FOT”) Public Art Spaces Capital Improvement Program (CIP) Project #337-37244 (“Project” or “Public Art Spaces Project”) to reduce the agreement amount by $8,750, and amend the scope of services to have the City handle installation of the FOT.
G.5 Arts Commission recommendation to revise the City Public Art Prioritization List for 2024 Title/Recommendation
Receive and approve the City of Brentwood Public Art Priority List 2024 as recommended by the Arts Commission and detailed in the Staff Report.
G.6 A Resolution adopting a List of Projects for submittal to the California Transportation Commission for Fiscal Year 2024/25 funded by SB 1: The Road Repair and Accountability Act of 2017
Title/Recommendation
Adopt a Resolution adopting a List of Projects for submittal to the California Transportation Commission (“Commission”) for Fiscal Year (“FY”) 2024/25 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.
G.7 Consider appointment of new Commissioners to the City of Brentwood Youth Commission Title/Recommendation
Appoint new Commissioners to the Brentwood Youth Commission H. PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.
H.1 Application for Vesting Tentative Subdivision Map and Design Review approval for the Lone Tree Way residential project
Title/Recommendation
The Planning Commission recommends that the City Council approve the project by adopting three separate resolutions: one adopting a Mitigated Negative Declaration for the project (SCH#20231003390); one approving a Vesting Tentative Subdivision Map (VTSM 9597) for the subdivision of a 16.32-acre parcel into 37 single-family residential lots; and one approving a Design Review application (DR 22-005), subject to certain findings and conditions.
The Planning Commission’s recommendation includes approval of a subdivision map to create 37 single-family residential lots, including two sets of duets, a public park, a new private internal roadway system, and other related on-site and off-site improvements. The project qualifies for a density bonus pursuant to the ), but the project will not exceed the density allowed by the General Plan. Rather, the project will utilize waivers/reductions from certain City standards, as allowed by the SDBL. The project also includes a design review application (DR 22-005) for the homes to be constructed on the lots. The project is located at 7590/7650 Lone Tree Way, just east of O’Hara Avenue (APN 018-060-006 and - 007).
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65915&l awCode=GOV
As noted below, the project that the Planning Commission recommended approving is slightly modified from what the applicant proposed. The applicant subsequently suggested further modifications to the project for the City Council’s consideration.
The City prepared a Mitigated Negative Declaration for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines,
found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval are included as individual conditions of approval where appropriate. The MND analysis covers all iterations of the project discussed in this report.
H.2 Amendments to the Brentwood Municipal Code to reflect changes in fire agencies and clarify responsible parties relating to fire emergencies.
Title/Recommendation
Introduce and waive first reading of an Ordinance authorizing text amendments relating to fire services from any applicable sections of the current municipal code These text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
H.3 2023/24 Parks and Recreation Cost Allocation Plan and Schedule of City Fees Title/Recommendation
Adopt a Resolution amending the City of Brentwood 2023/24 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments and revisions to Parks and Recreation fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act.
I. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.
I.1 Proposed Funding Awards for the FY 2024-25 Economic Development Grant Program and confirmation of the FY 2023-24 reimbursement process
Title/Recommendation
Consider funding award resolutions for the following:
Adopt a resolution approving a grant from the City’s 2024-25 Economic Development Grant Program for Brentwood On Ice in the amount of $20,000.
1. Adopt a resolution approving grants from the City’s 2024-25 Economic Development Grant Program in the amount of $117,000.
2. 3. Adopt a resolution approving the FY 2023-24 reimbursement process.
I.2 An Employment Agreement between the City of Brentwood and Katherine L. Wisinski to serve as City Attorney
Title/Recommendation
Adopt a Resolution Approving the Employment Agreement between the City of Brentwood and Katherine L. Wisinski to serve as City Attorney
J. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
K. REQUESTED FUTURE AGENDA ITEM(S)
K.1 Consider a Request from Vice Mayor Meyer and Council Member Mendoza to consider having Brentwood become a charter city.
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer and Council Member Mendoza to consider having Brentwood become a charter city.
L. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.
These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.
Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.
The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.
If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}
POSTING STATEMENT
On June 6, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov
PROCLAMATION
WHEREAS, in recognition of Brentwood resident Troy White's, heroic actions on the scene of a recent car crash in Antioch, it is with profound gratitude that we acknowledge his selfless bravery that saved a child's life.
WHEREAS, approaching the engulfed vehicle, Troy White, amidst smoke and chaos, displayed exceptional courage and presence of mind.
Despite the dangers, he swiftly sprang into action without hesitation, and ensured the safety of those trapped, especially a child in need; and WHEREAS, White's decisive actions exemplify the true essence of heroism; his determination to rescue the child, even with flames menacingly close, showcases a rare blend of bravery and compassion; and WHEREAS, through his efforts, a young life was spared, a family was reunited, and a community witnessed the power of selflessness in action.
NOW THEREFORE, BE IT PROCLAIMED that the City Council of the City of Brentwood does hereby extend our heartfelt appreciation to Troy White for embodying the highest ideals of humanity and serving as a beacon of hope in a moment of crisis. May his act of heroism inspire us all to stand ready to help others in times of need.
Dated this 11th of June 2024
JoelR. Bryant, Mayor
1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
May 28, 2024, 7:00 p.m.
A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:18 p.m.
Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.
B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.
C. REPORT ON CLOSED SESSION
Mayor Bryant reported there were no reportable actions.
D. PUBLIC COMMENTS
Mayor Bryant opened Public Comments.
Danny Dohrmann provided comments related to remote public participation, recognized a local hero and his efforts to save a young girl from a burning car, and spoke regarding sidewalk widths downtown.
There being no one else wishing to speak, Mayor Bryant closed Public Comments.
E. PRESENTATIONS
E.1 Presentation from Los Medanos College related to dual enrollment E.2 Presentation from the members of the Internship Pilot Program F. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,
LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at the Bicycle Rodeo at Veterans Park, a Police Activities League meeting, Bags and Brews Cornhole Tournament downtown, Planning Commission training, and the Farmers Market.
Vice Mayor Meyer reported on attendance at Brentwood Senior Center Resource Fair, a Diversity, Equity, Belonging, and Inclusion (DEBI) Committee meeting, debrief meeting regarding the Day of Service event, Shadow Lakes Annual Cleanup Day event, met many families new to the City, Downtown Brentwood Coalition (DBC) Memorial Day service, Bags and
2 Brews Cornhole Tournament, and the Memorial Day event at Union Cemetery.
Council Member Mendoza reported she attended a ride along with residents viewing parks on the east side of town, attendance at the Town Hall with Tim, Our Neighborhood Voices meetings, hosted a tour at City Hall for Garin Elementary 3rd-graders, Cal Cities League of Latino Caucus meetings, Memorial Day Presentation to Gold Star families, Bags and Brews Cornhole Tournament, Memorial Day event at Union Cemetery, and watched the Planning Commission training.
Council Member Pierson reported on attendance at Special Closed Session meetings, the Rotary Gala, DEBI Committee meeting, School Interagency meeting, Town Hall with Tim, Juneteenth planning meeting, and the Farmers Market.
Mayor Bryant reported on attendance at Industrial Association Mayors' forum, Tri Delta board meeting, reception at Heritage High School for CSPAN StudentCam winners, 2024 Guru Vandana teacher appreciation event at Ron Nunn Elementary School, Rotary golf fundraiser, and the Memorial Day event at Union Cemetery.
City Manager Ogden provided updates on two upcoming ribbon cuttings; Liberty Union High School District's Public Art and Design Academy (PADA) project at the corner of O'Hara Avenue and Sand Creek Road on June 4th at 2:00 p.m. and Creekside Park Pickleball Courts on June 5th at 5:00 p.m.
G. CONSENT CALENDAR
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.1 Minutes of the City Council/Successor Agency meeting of May 14, 2024 G.2 Minutes of the Special Meeting of May 16, 2024
G.3 A Proclamation Proclaiming June 2024 as Pride Month G.4 A Proclamation Proclaiming June 2024 as National Safety Month G.5 Resolutions for the holding of a general municipal election on Tuesday, November 5, 2024.
1.Adopted Resolution 2024-52 calling and giving notice of the holding of a general municipal election on Tuesday, November 5, 2024, for the election of one [1] Council Member in District 1, one [1] Council Member in District 3, and one [1] candidate for Mayor to be elected at
3 large, for four-year terms as required by the provisions of the laws of the state of California relating to general law cities; requesting the Contra Costa County Board of Supervisors consolidate a general municipal election to be held on November 5, 2024, pursuant to Elections Code § 10400, et seq.; requesting that the City Clerk file a certified copy of the Resolution with the County Board of Supervisors and the County Election Department.
2.Adopted Resolution 2024-53 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at the election.
G.6 Investment Policy No. 10-4 and Annual Investment Program Management Delegation.
Adopted Resolution 2024-54 delegating annual management responsibility for the investment program to the City Treasurer for FY 2024/25.
G.7 Award of contract to DSS Company dba Knife River Construction for the Pavement Management Program 2024 (Asphalt), CIP Project No. 336-31703.
Adopted Resolution 2024-55 approving the contract documents, waiving an immaterial irregularity, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2024 (Asphalt), CIP Project No. 336-31703, (“Project”) with DSS Company dba Knife River Construction as the lowest responsible bidder in the amount of $2,077,240.00, plus funding authorization for a 1% contingency of $20,772.40, for a total funding authorization not to exceed amount of $2,098,012.40.
G.8 Notification of the correction of a clerical error in the Water utility rate schedule.
Received an informational report notifying the Council that City staff will correct a clerical error to the rate schedule in Attachment A to Resolution No. 2023-75 and file an amended Water Rate Study Report.
H. PUBLIC HEARINGS
H.1 Capital Improvement Program (CIP) for 2024/25 – 2028/29 Mayor Bryant opened the public hearing following a staff presentation by Sonia Agostini, Accounting Manager.
Danny Dohrmann provided comments related to the PA1 and Lone Tree projects.
4 There being no one else wishing to speak on the item, Mayor Bryant asked for a motion to close the public hearing.
It was moved/seconded by Council Member Mendoza/Vice Mayor Meyer to close the public hearing and the motion carried unanimously.
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-56 adopting the 2024/25 – 2028/29 Capital Improvement Program (CIP) as presented with direction to staff to bring back changed sheets in June to reflect Windsor Way Park improvements in 2024/25, explore opportunities for resurfacing the basketball courts and adding lights at Windsor Way Park and Homecoming Park, and moving back the Aquatic Complex Locker Rooms Remodeling project to accommodate workload and budget necessities.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.2 Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including Landscape and Lighting Assessment Districts No. 19-3 and No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2024/25.
Mayor Bryant opened the public hearing following a staff presentation by Bruce Mulder, Director of Parks and Recreation.
There being no one wishing to speak, Mayor Bryant asked for a motion to close the public hearing.
It was moved/seconded by Council Member Pierson/Vice Mayor Meyer to close the public hearing and the motion carried unanimously.
Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-57 approving the City of Brentwood’s Landscape & Lighting Assessment Districts, Landscape & Lighting Assessment District No. 19-3, Landscape & Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1 Engineer’s Reports for Fiscal Year 2024/25; ordering improvements; confirming the diagram and assessments; levying and collecting assessments; and finding that the above actions are exempt from the California Environmental Quality Act.
5 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
There were no requests for future agenda items.
J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a Request from Vice Mayor Meyer related to updating the regular meeting time for the Agricultural Enterprise Committee Mayor Bryant opened the public comment period after Vice Mayor Meyer presented the item.
There being no one wishing to speak, Mayor Bryant closed the public comment period.
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by Motion, directed staff to change the regular meeting time for the Agricultural Enterprise Committee to 5:00 p.m.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
K. ADJOURNMENT
It was moved/seconded by Vice Mayor Meyer/Council Member Pierson to adjourn the meeting at 8:38 p.m. in honor and in memory of longtime East Contra Costa County advocate, Willie Mims.
1 SPECIAL CITY COUNCIL MINUTES
May 28, 2024, 4:30 p.m.
A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 4:30 p.m.
Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.
B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.
C. PUBLIC COMMENTS
Mayor Bryant opened Public Comments. There being no one wishing to speak, Mayor Bryant closed Public Comments.
D. RECESS TO CLOSED SESSION
It was moved/seconded by Council Member Pierson/Vice Mayor Meyer to recess to Closed Session at 4:32 p.m. and the motion carried unanimously.
D.1 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
E. ADJOURNMENT
1 SPECIAL CITY COUNCIL MINUTES
May 28, 2024, 5:30 p.m.
A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 5:32 p.m.
Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.
B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.
C. BUSINESS ITEMS
C.1 Conduct a Workshop on the Draft FY 2024/25 - 2025/26 Operating Budget and provide direction, if any, to staff.
Mayor Bryant opened the public comment period following a presentation by Christine Andrews, Assistant Finance Director.
Nick J. Canata provided comments and concerns regarding the Summerset sound wall.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
By Motion, the City Council provided the following direction to staff:
Juneteenth event funding to be fully sourced from the General Fund, improvements to Homecoming Park and Windsor Way Park to include resurfacing of basketball courts and exploring lighting opportunities, move up Windsor Way Park improvements to 2024/25, create a fully funded Equity Officer/ Equity Analyst position, reconsider the timing of the General Plan Update, put aside $800,000 for potential sound wall updates at Summerset, and move down the Aquatic Complex Locker Rooms Remodeling project.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
2 Motion Approved (5 to 0)
D. ADJOURNMENT
Mayor Bryant recessed the meeting 7:03 p.m.
1 SPECIAL CITY COUNCIL MINUTES
June 4, 2024, 8:00 a.m.
A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 8:00 a.m.
Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.
B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.
C. PUBLIC COMMENTS
Mayor Bryant opened Public Comments. There being no one wishing to speak, Mayor Bryant closed Public Comments.
D. RECESS TO CLOSED SESSION
It was moved/seconded by Council Member Pierson/Vice Mayor Meyer to recess to Closed Session at 8:02 a.m. and carried unanimously.
D.1 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
D.2 CONFERENCE WITH LABOR NEGOTIATORS
E. REPORT ON CLOSED SESSION
Mayor Bryant reconvened the meeting at 10:28 a.m. and stated there were no reportable actions from Closed Session.
F. ADJOURNMENT
It was moved/seconded by Council Member Pierson/Vice Mayor Meyer to adjourn at 10:29 a.m. and carried unanimously.
PROCLAMATION
WHEREAS, June 19th is declared as Juneteenth, a nationally recognized day which celebrates the rich culture, legacy and heritage of African American people; and WHEREAS, 2024 marks the 159th year of Juneteenth with Juneteenth being the oldest known celebration commemorating the abolition of slavery in the United States, dating back to June 19, 1865 when Union soldiers led by Major General Gordon Granger arrived in Galveston, Texas with news that the war had ended, freeing the enslaved; and
WHEREAS, this was two and a half years after President Abraham Lincoln’s Emancipation Proclamation which became official on January 1, 1863; and WHEREAS, the U.S. Congress—between 1865 and 1870—would pass key amendments to the U.S. Constitution, that upon ratification by each state, would profoundly change the legal status of those once enslaved. The Thirteenth Amendment abolished bonded servitude. The Fourteenth Amendment conferred citizenship upon on those once enslaved. Finally, the Fifteenth Amendment liberated men once held in bondage; and
WHEREAS, today, Juneteenth celebrates African American people’s freedom and achievement, while encouraging continuous self-development and respect for all cultures, as it takes on a more national, symbolic and even global perspective, to ensure the events of 1865 are not forgotten.
NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Brentwood does hereby recognize June 19th, 2024 as
JUNETEENTH
and calls upon Brentwood residents to become more aware of the significance of this celebration in African American history and in the heritage of our City and nation.
Dated this 11th of June 2024
JoelR. Bryant, Mayor
CITY COUNCIL AGENDA ITEM NO. G.4
06/11/2024
SUBJECT: Amendment No. 1 to the Agreement for Artist Services with Douwe Blumberg for the “Fields of Time” Public Art Spaces, CIP #337-37244
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks & Recreation
Thien Nguyen, Recreation Manager
Tammy Holman, Management Analyst
TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute an amendment to the agreement with Douwe Blumberg for the “Fields of Time” (“FOT”) Public Art Spaces Capital Improvement Program (CIP) Project #337- 37244 (“Project” or “Public Art Spaces Project”) to reduce the agreement amount by $8,750, and amend the scope of services to have the City handle installation of the FOT.
FISCAL IMPACT
The Public Art Spaces Project is included in the adopted 2023/24 – 2027/26 CIP with a total Project budget of $786,383. The Project was created to fund the installation of three or more art monuments at select locations throughout the City. The FOT art installation is the first monument nearing completion.
For the FOT monument, the current agreement amount is $175,000 for work to be performed by the artist Douwe Blumberg. Council authorized a 10% contingency of $17,500, for an approved total not to exceed agreement amount of $192,500. Due to a number of challenges, the cost of FOT art monument is expected to be higher than the current agreement amount.
Due to a number of California construction law requirements related to construction on public property, City staff is recommending that the City be responsible for the construction elements required for the installation of the FOT monument, and remove this scope of work from the artist’s responsibility. Installation costs are estimated to be $50,750. Further, approval of this item will amend the existing agreement with
CITY COUNCIL AGENDA ITEM NO. G.4
06/11/2024
Douwe Blumberg to reduce compensation to the artist by $8,750 to a total compensation of $166,250.
For the project overall budget, including artist contract and city project expenses, staff is recommending that the City Council authorize use of existing Project funding for the FOT installation costs and also provide for a contingency amount of $21,700 (10% of the artist compensation $166,250 and estimated installation cost $50,750 totaling $217,000). Any contract(s) awarded for the installation will be brought to the City Council for approval at a future meeting. Including the contingency, the overall cost of the FOT art monument would be $238,700, an increase of $46,200 over the original agreement with Douwe Blumberg. To help with the calculations, see the attached spreadsheet reflecting the cost changes over time.
Funding for this Project is provided by the Capital Infrastructure, Public Art Acquisition and Public Art Administration Funds. The Public Art funds can only be used for public art projects. The fund balance in the Public Art Acquisition Fund is projected to be $2,814,949 at June 30, 2024.
BACKGROUND
The Public Art Spaces Project is an Economic Development initiative that was approved as part of the FY 2016/17 and 17/18 Strategic Plan and would construct interesting and very visible public art pieces or monuments at key entry points in the City of Brentwood. This initiative is intended to showcase the overall identity of Brentwood as anyone enters the City limits from high profile locations and these monuments (originally titled Citywide Gateway Monuments “4-Corners” Project) have the potential to become iconic representations of Brentwood, for many years to come.
Fields of Time is a monument created by artist Douwe Blumberg (“Douwe”). As currently designed (Attachment 2), the monument spans 180 feet long, and 10 feet high. FOT integrates a number of references to Brentwood’s history with different agricultural eras represented in the artists custom metal designed silhouettes. This monument will be located on Brentwood Boulevard, at the Brentwood Police Station.
Installation of the monument is planned for late 2024.
A timeline of events below summarizes the history of the FOT project, and steps taken to move this FOT project forward:
2017
CITY COUNCIL AGENDA ITEM NO. G.4
06/11/2024
A Public Art Request for Qualifications (“RFQ”) went out for the Pubic Art Spaces Project with a deadline for submissions of August 31, 2017. Staff received a total of 178 submittals, of which only 79 provided were complete RFQ responses.
The Arts Commission (“Commission”) reviewed the 79 complete responses, and interviewed eight applicants on November 15, 2017. From these interviews, the Commission chose four artists to create design maquettes (a sculptor’s preliminary model or sketch).
2018
Maquettes were presented to the Commission at the April 18, 2018 Commission meeting.
Per City Manager recommendation and City Council approval, an ad hoc committee (“Committee”) consisting of two City Council Members and two Arts Commissioners was formed in June 2018.
The Committee met to further review artists, designs and site locations. They continued dialogue with three artists – Douwe Blumberg, Seth Palmiter and Davis McCarty. The Committee focused on three locations – Balfour Bypass median, Sand Creek in front of Streets of Brentwood, and Brentwood Boulevard alongside the Police Department. Ultimately, the Committee paired Douwe’s design with the Brentwood Boulevard site; Seth Palmiter with the Balfour Road site; and Davis McCarty with the Sand Creek site (Davis McCarty later withdrew his project in September 2019). 2019
On August 13, 2019, Council approved an Artist Services Agreement with Douwe for the Public Art Spaces project on Brentwood Boulevard called “Fields of Time,” which represents Brentwood’s agricultural heritage.
2020
Douwe provided the below pictures showing his progress on the fabrication of metal silhouettes for the monument.
CITY COUNCIL AGENDA ITEM NO. G.4
06/11/2024
Thereafter, the COVID Pandemic presented a number of challenges including shelter in place orders, supply chain issues, and labor shortages all impacted progress on this project. Following the unprecedented pandemic there were more challenges including inflation issues such as rises in costs of materials, supplies, transportation, and labor. Fortunately some materials and components of the monument were purchased and fabricated before the inflation impacts, but most costs associated with this project have risen. Attachment 4 shows how cost for the FOT monument have changed.
2023
In an effort to get the project back on track, City staff reached out to Douwe to review the scope of services of his agreement. During those discussions it was determined that the original agreement would need to be amended in order to complete the project.
On June 21, 2023 the Commission reviewed an updated budget provided by Douwe, and discussed amending the agreement to increase the compensation because of an increase in material, labor, and project cost; and the Commission unanimously voted to recommend an amendment to the City Council.
As discussion with Douwe continued, and the specifics of installation of the monument were discovered, it was determined that in order to comply with California construction law requirements (including prevailing wages), the scope of the agreement had to be amended. This included having the City take on the obligations of installing the monument.
City staff worked with Douwe to review and approve the structural and site plans.
They also worked with Douwe to amend the scope, so that the project could move forward. The amendment to the agreement is attached as Amendment 5, and highlights of the changes include:
- A decrease in the overall compensation to Douwe for the project - The City’s assumption of the public works aspects of the installation of the monument, following delivery of the monument’s parts by Douwe - An updated payment schedule, including key milestones for the project
CITY COUNCIL AGENDA ITEM NO. G.4
06/11/2024
- Revisions to the agreement term so that the project is completed no later than December 31, 2025, or when the project is finished (whichever is sooner) The proposed amendments to the agreement will allow the artist to complete and deliver the monument, and for the City to take on the responsibilities and comply with the legal requirements, to have the monument installed. Any contract(s) for installation of the monument will be brought to the City Council for approval at a future meeting.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 5 Parks and Recreation Services: Goal 3 Enhance cultural and performing arts opportunities for Brentwood.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve staff’s recommendation. If this action is taken, the original budget and current agreement with the artist would not be sufficient to complete the project. With the agreement being more than 4 years old and not having an expiration or set dates for continual progress, it would be difficult to move forward and/or complete this project.
2. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Attachment 1 Previous Action
CITY COUNCIL AGENDA ITEM NO. G.4
06/11/2024
2. Attachment 2 Rendering and Scale: Fields of Time
3. Attachment 3 CIP Sheet: Project 337-37244
4. Attachment 4 Fields of Time Budget History
5. Attachment 5 Amendment 1
6. Attachment 6 Resolution
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On February 28, 2017, by Resolution No. 2017-24, City Council approved two viable locations for the Citywide Gateway Monuments “ 4-Corners” Project (renamed Public Art Spaces).
On June 12, 2018, City Council established a Citywide Gateway Monuments 4 Corners Adhoc Committee consisting of two City Council Members and two Arts Commissioners.
On April 23, 2019, City Council approved two viable locations, artists and designs for the Public Art Spaces project. This included Douwe Blumberg as the artist for the Brentwood Boulevard project entitled Fields of Time.
On May 14, 2019, City Council approved the City public art location prioritization which indicated the site locations for Phase 1 of the Public Art Spaces projects would be Sand Creek Road across from Streets of Brentwood, Brentwood Boulevard alongside the Police Station and Balfour Road Bypass median.
On May 28, 2019, by Resolution No 2019-68, City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (CIP) to include the Public Arts Spaces project.
On August 13, 2019, by Resolution No 2019-96, City Council approved the execution of an artist services agreement with Douwe Blumberg for the Public Spaces project entitled Fields of Time on Brentwood Boulevard.
Fields of Time
Attachment 2
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Studio expenses (salaries, materials, consumables, etc.) $40,000 Studio expenses (salaries, materials, consumables, etc.) $47,000 Payment Schedule for FoT to Artist Engineering (CA licensed engineer) $5,000 Engineering (CA licensed engineer) $5,000 Execution of Agreement and Start of Project 9/5/2019 $87,500 Design and fabrication expenses (metal, laser cutting, painting, etc.) $54,000 Design and fabrication expenses (metal, laser cutting, painting, etc.) $54,000 Hoop Forging and Silhouette Cutting 6/3/2020 $43,750 Transportation (metal pickup, pickup to/from laser cutters, etc) $5,000 Transportation (metal pickup, pickup to/from laser cutters, etc) $7,000 Concrete work (local contractor) low wall and piers $15,000 Concrete work (local contractor) low wall and piers $23,350 Remobilization of Project and Updated Rendering tbd $12,000 Lighting (local contractor) $7,000 Lighting (This can be eliminated to save expense) $14,000 Completion of Silhouettes (Tree) and transportation preparation tbd $11,000 Artists’ Fee $40,000 Artists’ Fee $48,000 Completion and Acceptance of Project tbd $12,000 Installation trip (vehicles, equipment rentals, salaries, per-diem, etc.) $7,000 Installation trip (vehicles, equipment rentals, salaries, per-diem, etc.) $12,000 Insurance $2,000 Insurance $2,000 FOT Artist Amount $166,250 8/21 site visit (time and expenses: site was unprepared for artist visit) $2,250 Delayed project storage fee (2 years) $2,400 City Bid - Contractor Award *Costs in Green have NOT Changed Construction Cost (Concrete, Lighting, Welding, Equipment) $50,750 Artist Amount $175,000 Estimated Total $217,000 Updated Amount $217,000 Contingency $17,500 Contingency $21,700 Contingency $21,700 Orig. FoT Total $192,000 2023 Total $238,700 Updated Total (Amend 1) $238,700 Original 2019 Fields of Time Budget 2023 Estimated Fields of Time Budget Amendment 1 Update
1 City Attorney Approved Version 040821
AMENDMENT NO. 1 TO EXTEND AND AMEND THE
AGREEMENT FOR ARTIST SERVICES
[Douwe Blumberg]
This Amendment No. 1 is entered into and effective as of the ____ day of __________________, 2024, amending the agreement dated August 13, 2019 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Douwe Studios, LLC, a limited liability company (formerly known as “Douwe Blumberg, a Sole Proprietor”) (“Artist”), (collectively, the “Parties”) for the “Fields of Time” public art spaces project (“Project”).
RECITALS
A. On August 13, 2019, City Council approved Resolution No. 2019-96 authorizing the execution of an agreement between the City and Artist for the Project that will be located on Brentwood Boulevard, alongside the Brentwood Police Station; and B. Since that time Artist has changed its business formation from a sole proprietorship (“Douwe Blumberg Studios, a Sole Proprietor”), to a limited liability company (“Douwe Studios, LLC”); and
C. The Parties mutually understand and agree that the obligations under the Agreement shall be assigned to, and assumed by, Douwe Studios, LLC, in accordance with Section 24 of the Agreement; and
D. Due to the legal requirements in California surrounding public works projects, including the need to secure bonds and pay prevailing wages, and because Artist does not live in California, and does not have familiarity with these legal requirements, the Parties have agreed to remove these items from the scope of Services of the Agreement, and instead, the public works aspects of the Agreement will be handled by the City to ensure compliance with California public contracting requirements; and E. Because of the change to the scope of Services for the Project, the Compensation payable to Artist will decrease by eight thousand seven hundred fifty dollars ($8,750), which takes into account the City handling the public works aspects of the Project, as well as an increase in material costs incurred by the Artist caused by the COVID-19 Pandemic; and
F. The Parties desire to amend Exhibit “A” Scope of Services to include specific benchmarks for timing related to the completion of the Project, payment obligations, clarifications on site specifications, removal of the public works aspects, and additional clarifying information regarding the Project, and the Parties have negotiated and agreed to a revised Scope of Services and Fee Schedule; and G. The term of the Agreement currently expires “upon completion of the Services by Artist,” and the Parties desire to amend Section 3 (Term) so that the Agreement expires either upon completion of the Services by Artist, or by December 31, 2025, whichever is sooner.
2 City Attorney Approved Version 040821
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:
1. Douwe Studios, LLC assumes all of Douwe Blumberg Studios (a sole proprietorship) rights and obligations as set forth in the Agreement, and the City consents to the assignment and assumption.
2. The total amount of compensation to be paid to Artist under the Agreement is hereby decreased by $8,750, making the Compensation payable to Artist a total not to exceed Agreement amount of $166,250, with the full schedule of payments outlined in Exhibit “A.”
3. Exhibit “A” to the Agreement, which describes the Services, is hereby deleted in its entirety and replaced with the revised Scope of Services and Fees described in Exhibit “A,” attached to this Amendment and incorporated in by this reference.
4. Section 3. Term of the Agreement, is hereby amended and replaced in its entirety with the following:
“3. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and will expire upon completion of Services by Artist, or by December 31, 2025, whichever is sooner.”
5. Except as amended herein, all other provisions of the Agreement will remain in full force and effect.
6. All requisite insurance policies to be maintained by the Artist pursuant to the Agreement shall include coverage for the amended term, as described above.
7. The individuals executing this Amendment and the instruments referenced in it on behalf of Artist each represent and warrant that they have the legal power, right and actual authority to bind Artist to the terms and conditions of this Amendment. [Signatures on the following page.]
3 City Attorney Approved Version 040821
8. Signatures.
8.1 Counterparts. This Amendment may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.
8.2 Digital/Electronic Signatures. Using a City-approved method, this Amendment may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Amendment will be construed as the Parties’ consent to do business electronically.
ARTIST:
By:
Douwe Blumberg, Artist/Managing Member
CITY:
By:
Tim Y. Ogden, City Manager
ATTEST:
By:
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
By:
Katherine Wisinski, Interim City Attorney
If an LLC:
• The Agreement must be signed by a Managing Member or the LLC must attach a resolution empowering the signatory to bind the LLC.
4 City Attorney Approved Version 040821
EXHIBIT “A”
SCOPE OF SERVICES AND FEES
1. Artist will design, fabricate, build, and complete the Project entitled “Fields of Time,” as shown in Attachment 1.
2. Project to be located alongside the Brentwood Police Station on Brentwood Boulevard in conformance with the site diagram provided as Attachment 2.
3. Project components and responsibilities:
• Artist to prepare updated color rendering for Project that reflects current site conditions and placement.
• Artist to provide photos of completed silhouettes, along with the sizes/dimensions of the silhouettes.
• Artist to provide finished silhouettes, painted black and ready for installation.
• City to prepare and complete bid process, and enter into contracts with contractors, for the concrete, lighting work, and welding required for installation of the Project.
• City will install structural concrete for the Project. • The Parties will mutually agree on a date for delivery of the finished silhouettes, taking into consideration the work schedule of the City’s hired contractor(s).
• Artist is responsible for delivery of the silhouettes, and shall arrive in the City the same time the silhouettes are delivered.
• Artist to provide anchor hardware, including faceplates/baseplates, and ¾” anchor bolts to the City at time of delivery of silhouettes. • Artist shall be on-site during the entire installation of the Project, until completion, for field review.
• City‘s contractor(s) to provide welding services for the Project, to include welding faceplates/baseplates to each end of each hoop/arch, and then welding of each silhouette to its hoop/arch.
• Artist to polish installed items following welding/installation by City’s contractor(s).
• City to provide any final dressing of the site, which could include bark and/or plant materials.
• City will coordinate unveiling/ribbon cutting ceremony.
4. Payment Schedule to Artist:
• $87,500 payable on September 5, 2019, at the beginning of the Project. • $43,750 payable on June 3, 2020 for completing “hoop” forging and silhouette cutting.
• $12,000 payable within 30 days of execution of this Amendment for remobilization of the Project, and for updated rendering of the Project. • $11,000 payable within 30 days of City’s receipt of photos of completed silhouettes, along with the sizes/dimensions of the silhouettes.
5 City Attorney Approved Version 040821
• $12,000 payable within 30 days following completion of final acceptance by the City, of the Project.
Compensation Total $166,250
ATTACHMENT 1 – ARTIST RENDERING
SD SD SD SD SD SD SD
IR IR IR IR FH IR IR
JT JT JT JT JT JT
WV
CB
WV
SHEETS
DATE
BRENTWOOD
SITE PLAN SHEET
OF
DESIGN: AG
DRAWN: BW
NO. REVISIONS BY APP DATE DESIGNED UNDER THE DIRECTION OF:
PUBLIC WORKS
DEPARTMENT
150 City Park Way, Brentwood, CA 94513
Ph: (925) 516-5420 · FAX: (925) 516-5421
www.brentwoodca.gov
1 1 2
ARTS PROGRAM FOUR CORNERS PHASE 1
CIP NO. 337-37244
ART PROGRAM POLICE DEPARTMENT
DATE:
DATE: 11/10/2022
CHECKED: JS DATE: 11/14/2022
POLICE DEPARTMENT ART
SCALE: 1" = 10'
CITY OF BRENTWOOD
ARTS PROGRAM FOUR CORNERS PHASE 1
CIP Project No. 337-37244
VICINITY MAP
SITE
4 4
4 GENERAL NOTES:
STORM DRAIN MANHOLE COVER
DRAIN INLET
FIRE HYDRANT
WATER VALVE COVER
CB
FH
WV
SD
LEGEND:
PALM TREE
SHEET INDEX
SHEET NO. SHEET DESCRIPTION
MIKI TSUBOTA DATE
REVIEWED FOR CONFORMANCE WITH THE CITY OF BRENTWOOD STANDARDS AND REQUIREMENTS. APPROVAL FOR CONSTRUCTION IS SUBJECT TO THE INFORMATION SHOWN HEREIN. CITY OF BRENTWOOD AND THE UNDERSIGNED ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THAT MAY EXIST ON THESE PLANS.
R.C.E. No. 61648
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
JOINT TRENCH (2 FT WIDE)
CONSTRUCTION NOTES:
CIDH
BRENTWOOD BOULEVARD
JT
ATTACHMENT 2
SHEETS
DATE
BRENTWOOD
CONSTRUCTION DETAILS SHEET
OF
DESIGN: AG
DRAWN: BW
NO. REVISIONS BY APP DATE DESIGNED UNDER THE DIRECTION OF:
PUBLIC WORKS
DEPARTMENT
150 City Park Way, Brentwood, CA 94513
Ph: (925) 516-5420 · FAX: (925) 516-5421
www.brentwoodca.gov
2 2 2
ARTS PROGRAM FOUR CORNERS PHASE 1
CIP NO. 337-37244
ART PROGRAM POLICE DEPARTMENT
DATE:
DATE: 11/10/2022
CHECKED: JS DATE: 11/14/2022
CITY OF BRENTWOOD
ARTS PROGRAM FOUR CORNERS PHASE 1
CIP Project No. 337-37244
FOOTING DETAIL
SCALE: 1" = 1'
STRUCTURAL NOTES:
PLAN VIEW
SCALE: 1" = 1'
ARTWORK
NOT TO SCALE
ELEVATION
SCALE: 1/2" = 1'
CAST-IN-PLACE (CIP) CONCRETE PILES NOTES:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO THE
AGREEMENT FOR ARTIST SERVICES WITH DOUWE BLUMBERG
FOR THE “FIELDS OF TIME” PUBLIC ART SPACES PROJECT, CIP PROJECT NO. 337-37244, REDUCING THE AGREEMENT
COMPENSATION BY $8,750, AND AMENDING THE SCOPE OF
SERVICES TO HAVE CITY HANDLE INSTALLATION OF THE
FIELDS OF TIME MONUMENT.
WHEREAS, on February 28, 2017, by Resolution No. 2017-24, City Council approved two viable locations for the Citywide Gateway Monuments “4-Corners” Project (renamed “Public Art Spaces”); and
WHEREAS, on April 17, 2019, the Arts Commission approved a recommendation to City Council for approval of two Public Art Spaces locations, artists and designs, including Douwe Blumberg’s project on Brentwood Boulevard; and
WHEREAS, on April 23, 2019, by Resolution No. 2019-54, City Council approved two viable locations, artists and designs for the Public Art Spaces project; and
WHEREAS, on May 7, 2019, City Council approved the City public art location prioritization; and
WHEREAS, on May 28, 2019, by Resolution No 2019-68, City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (CIP) which included the Public Arts Spaces project; and
WHEREAS, on August 13, 2019, by Resolution 2019-96, City Council approved and authorized the City Manager or Designee to execute an artist services agreement with Douwe Blumberg (“Douwe”) for the Fields of Time (“FOT”) Public Arts Spaces CIP #337-37244 on Brentwood Boulevard in the amount of $175,000, plus a 10% contingency of $17,500, for a total amount of $192,500; and WHEREAS, Douwe began fabricating the metal silhouettes for the FOT project, and payments were made according to the agreement payment schedule; and
WHEREAS, in 2020, the COVID Pandemic produced challenges including shelter in place orders, supply chain issues, and labor shortages all impacting the progress on this project; and
WHEREAS, following the unprecedented pandemic there were more challenges with the project including inflation issues such as rises in costs of materials, supplies, transportation, and labor all impacting the overall cost of this project; and
WHEREAS, in 2023 in an effort to get the project back on track, City staff reached out to Douwe to review the scope of services of his agreement; and WHEREAS, the City and Douwe discussed the specifics of installation of the monument and determined that in order to comply with California construction law requirements (including prevailing wages), the scope of the agreement had to be amended to have the City take on the obligations of installing the monument.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby:
Approves and authorizes the City Manager or Designee to execute Amendment No. 1 to the Agreement for Artist Services with Douwe Blumberg reducing the agreement compensation by the amount of $8,750 and amending the scope of services to have the City handle installation of the Fields of Time monument for the Public Art Spaces – Phase 1 Project, CIP Project No. 337-37244.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11
th day of June, 2024, by the following
vote:
CITY COUNCIL AGENDA ITEM NO. G.6
06/11/2024
SUBJECT: Arts Commission recommendation to revise the City Public Art Prioritization List for 2024
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Thien Nguyen, Recreation Manager
Lindsay Pinell, Recreation Supervisor
TITLE/RECOMMENDATION
Receive and approve the City of Brentwood Public Art Priority List 2024 as recommended by the Arts Commission and detailed in the Staff Report.
FISCAL IMPACT
There is no fiscal impact associated with this action. As projects are reviewed and recommended by the Arts Commission, they will be presented for consideration of approval by the City Council, including any required budget action.
Funding for public arts projects is provided by the Public Art Acquisition Fund, which accounts for in-lieu fees collected for the acquisition and construction of public art.
These funds can only be used for public art projects. The projected fund balance in the Public Art Acquisition Fund at June 30, 2024 is $2,814,949.
BACKGROUND
In September 2003, the City Council approved Ordinance 870, which amended Chapter 2.44 of the Brentwood Municipal Code (which has since been revised and updated to Chapter 2.60 Public Art Program) and established the public art program.
A part of this action created the Public Art Fund, specifically for the City to administer the program and to provide funds for the City to commission art projects in public spaces.
For public or residential projects subject to the public art requirement, the program allows the option of either (1) adding art as a part of the project, or (2) paying an in-lieu fee to the City. The public art value/fee is based on a percentage of the total project valuation. When public art is provided as a part of the construction of a project, 80% of applicable value of the project is used to design, plan, and construct
CITY COUNCIL AGENDA ITEM NO. G.6
06/11/2024
the art, and 20% is paid to the City in administrative fees. When the project scope does not include the required public art, 125% of the applicable value of the project is paid to the City as an in-lieu fee, of which 80% is set aside for future public art projects and 20% for administrative fees.
Each year, the Arts Commission recommends a Public Art Priority List, as referenced as the Public Art Location Prioritization List, identifying locations for future public art opportunities. The Arts Commission has reviewed and updated the 2024 Public Art Priority List, and took action to recommend this list at their April 17, 2024 Arts Commission.
For this year’s list, Phase I of Public Art Spaces (CIP Project No. 337-37244) was added as a priority. This includes two projects, “Fields of Time” and “Radiant Convergence”. Both of the Phase I projects are in progress as City staff is currently working with both artists to complete and install their artwork following many unexpected delays since both projects were approved in 2019 and 2020, respectively.
Another change to the 2024 Public Art Priority List includes the removal of Sand Creek and O’Hara as a future location for Public Art. City staff and the Liberty Public Art Design Academy (PADA) has selected this location for their recently installed “TriFish” project. The “Tri-Fish” project was recommended by the Arts Commission on December 13, 2023, and approved by City Council on January 23, 2024, and was just completed and installed in May 2024.
The proposed 2024 Public Art Priority List is shown below:
1. Phase I of Public Art Spaces
a. Fields of Time: Brentwood Boulevard (expected construction in 2024/2025)
b. Radiant Convergence: Sand Creek median (amendment in 2024, target completion by December 2025)
2. City of Brentwood Permanent Art Collection
a. Community Center
b. City Hall
c. Senior Activity Center
d. Police Department
e. Library (Currently working to complete “Animal Silhouette” project July 2024)
3. Utility Boxes
a. Remaining boxes on Brentwood Boulevard (4)
CITY COUNCIL AGENDA ITEM NO. G.6
06/11/2024
b. Remaining boxes on Balfour Road (5)
c. Remaining boxes on Central Boulevard (1)
d. Remaining boxes on Fairview Avenue (4)
e. Remaining boxes on Empire Avenue (1)
f. Remaining boxes on Grant Street (2)
g. Remaining boxes on Sunset Road (1)
h. Remaining boxes on Jeffery Way (1)
i. Remaining boxes on Shady Willow Lane (4)
j. Remaining boxes on Heidorn Ranch Road (2)
k. Remaining boxes on American Avenue (1)
l. Update inventory of Existing Utility Boxes in need of repair/replacement
4. Phase II of Public Art Spaces:
a. Diversity Project: Walnut Boulevard median (between Armstrong Road and Carnegie Lane)
b. Balfour Road Bypass median (between Highway 4 westbound Balfour exit & Summerset Drive)
5. Phase III of Public Art Spaces:
a. Marsh Creek & Vineyard Parkway (specific site to be determined pending amphitheater project)
b. On Brentwood Boulevard to Oakley at the entrance to the City of Brentwood.
6. Future Locations; projects not yet identified:
a. Outdoor area of library courtyard
b. Dainty Avenue and Central Boulevard along the creek
c. Fairview Avenue and Sand Creek Road (along future 13-acre park area) d. Corner of Oak Street and Walnut Boulevard
Tonight’s requested action is for the City Council to approve the above 2024 Arts Commission Public Art Priority List. Once approved, the Arts Commission will return to the City Council with further recommendations related to specific projects and budgets.
CITY COUNCIL STRATEGIC INITIATIVE
CITY COUNCIL AGENDA ITEM NO. G.6
06/11/2024
Focus Area 5 Parks and Recreation Services: Goal 3 Enhance cultural and performing arts opportunities in Brentwood.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
ATTACHMENT(S)
1. Previous Action
ATTACHMENT 1- PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On April 12, 2016, the City Council approved the City public art location prioritization.
On February 28, 2017, by Resolution No. 2017-24, the City Council approved two viable locations for the Citywide Gateway Monuments “4-Corners” Project.
On October 24, 2017, the City Council approved the City public art location prioritization.
On April 23, 2019, by Resolution No. 2019-54, the City Council approved two viable locations, artists and designs for the Public Art Spaces project.
On May 14, 2019, the City Council approved the City public art location prioritization.
On November 16, 2021, the City Council approved the City public art location prioritization.
On September 12, 2023, the City Council approved the City Public Art Priority List for 2023.
CITY COUNCIL AGENDA ITEM NO. G.6
06/11/2024
SUBJECT: A Resolution adopting a List of Projects for submittal to the California Transportation Commission for Fiscal Year 2024/25 funded by SB 1: The Road Repair and Accountability Act of 2017.
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Brant Wilson, Senior Associate Engineer
Renee Payette, Project Services Specialist
TITLE/RECOMMENDATION
Adopt a Resolution adopting a List of Projects for submittal to the California Transportation Commission (“Commission”) for Fiscal Year (“FY”) 2024/25 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.
FISCAL IMPACT
This action does not have any fiscal impact at this time. It is a requirement to maintain the Road Maintenance and Rehabilitation Account (“RMRA”) funding source for the City. The City currently receives approximately $1.6 million annually in RMRA funds.
RMRA and the General Fund are the funding sources for the Pavement Management Program – 2025 Capital Improvement Program (“CIP”) project.
BACKGROUND
In 2017, the Governor signed Senate Bill 1 (“SB 1”) known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, SB 1 increased per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees.
Beginning in November of 2017, the State Controller deposited portions of this new funding into the newly created RMRA. A percentage of this funding is apportioned by formula to eligible cities and counties pursuant to the Streets and Highways Code for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.
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To receive an apportionment of RMRA funds from the State Controller, the City of Brentwood (“City”) must annually submit to the Commission a list of projects proposed to be funded with RMRA funds. This list requires approval by the City Council and all proposed projects listed must be included in the City’s budget adopted by the City Council.
This is the eighth year in which the City is receiving SB 1 funding, and the City is expecting to receive an estimated $1,651,040 in RMRA funding in FY 2024/25.
At this time, the following project will be included in the list submitted to the Commission for RMRA Projects:
Pavement Management Program – 2025 (“Project”):
Crack seal and slurry seal various locations depending on current needs Grind and overlay Minnesota Avenue from Carmel Parkway to Glenwillow Drive; Brentwood Boulevard from Valdry Court to Birch Street; East Country Club Drive from Palm Drive to Caddie Lane; and Willowwood Court Repair of asphalt/manholes at various locations
It is anticipated that construction for this Project will begin in June of 2025 and be completed in August of 2025. It will be funded in part with RMRA funds. The various treatments have an estimated useful life of 7 to 15 years.
As the purpose of this list is to maintain the City’s eligibility process, it does not limit the ability to update it at any time. As uses for the RMRA funds are determined, this list can be modified to better meet the City’s needs.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
CITY COUNCIL AGENDA ITEM NO. G.6
06/11/2024
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation based on legally defensible findings.
3. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Resolution
ATTACHMENT 1 – PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On August 8, 2017, by Resolution No. 2017-113, the City Council approved the Project List for submittal to the California Transportation Commission (“Commission”) for the FY 2017/18 Program.
On April 24, 2018, by Resolution No. 2018-36, the City Council approved the Project List for submittal to the Commission for the FY 2018/19 Program.
On March 12, 2019, by Resolution No. 2019-23, the City Council approved the Project List for submittal to the Commission for the FY 2019/20 Program.
On April 23, 2019, by Resolution No. 2019-48, the City Council approved the revised Project List for submittal to the Commission for the FY 2019/20 Program and repealed Resolution No. 2019-23.
On March 10, 2020, by Resolution No. 2020-35, the City Council approved the Project List for submittal to the Commission for the FY 2020/21 Program.
On March 23, 2021, by Resolution No. 2021-28, the City Council approved the Project List for submittal to the Commission for the FY 2021/22 Program.
On May 25, 2021, by Resolution No. 2021-52, the City Council approved and adopted the revised Project List for submittal to the Commission for the FY 2021/22 Local Streets and Roads Funding Program; and repealed Resolution No. 2021-28.
On June 14, 2022, by Resolution No. 2022-75, the City Council approved and adopted a List of Projects for submittal to the Commission for FY 2022/23 funded by SB 1:
The Road Repair and Accountability Act of 2017.
On June 13, 2023, by Resolution No. 2023-72, the City Council approved and adopted a List of Projects for submittal to the Commission for FY 2023/24 funded by SB 1:
The Road Repair and Accountability Act of 2017.
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD ADOPTING A LIST OF PROJECTS FOR SUBMITTAL
TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR
FISCAL YEAR 2024/25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions to ensure the residents of the City of Brentwood (“City”) are aware of the projects proposed for funding in our community, and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (“RMRA”), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,651,040 in RMRA funding in Fiscal Year 2024/25 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into its community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the communities’ priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate various streets throughout the City this year; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “good” condition and this
revenue will help increase the overall quality of the road system and over the next decade will retain City streets and roads in “good” condition; and WHEREAS, the SB 1 project list and overall investment in the City’s local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Brentwood, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following newly proposed project will be funded in-part or solely with fiscal year 2024/25 Road Maintenance and Rehabilitation Account revenues:
Pavement Management Program – 2025:
Crack seal and slurry seal various locations depending on current needs.
Grind and overlay Minnesota Ave. from Carmel Pkwy. to Glenwillow Dr.; Brentwood Blvd. from Valdry Ct. to Birch St.; E. Country Club Dr. from Palm Dr. to Caddie Ln.; and Willowwood Ct.
Repair of asphalt/manholes at various locations.
It is anticipated that this project will begin in June of 2025 and be completed in August of 2025.
It will be funded in part with RMRA funds.
The various treatments have an estimated useful life of 7 to 15 years.
PASSED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of June 2024 by the following vote:
CITY COUNCIL AGENDA ITEM NO. G.7
06/11/2024
SUBJECT: Consider appointment of new Commissioners to the City of Brentwood Youth Commission
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Stacey Dempsey, Recreation Supervisor
TITLE/RECOMMENDATION
Appoint new Commissioners to the Brentwood Youth Commission
FISCAL IMPACT
None
BACKGROUND
Seven applicants for the Youth Commission were interviewed on May 2, 2024. The interviews were conducted by an interview panel consisting of a Park and Recreation Commissioner, the Youth Commission Staff Liaison and one Youth Commissioner, as stated in the Youth Commission By-Laws. Five terms will begin July 1, 2024 and end June 30, 2026 and one term will begin on July 1, 2024 and end on June 30, 2025.
The Youth Commission is recommending to the City Council the following applicants to fill the six vacated Commissioner positions:
Valentina Barros 1-year term (returning member)
Megan Dowdy 2-year term (new member)
Rojan Habon 2-year term (new member)
Carena Helvey 2-year term (new member)
Rachel Lei 2-year term (new member)
Alana Osivwemu 2-year term (new member)
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
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PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Council may request additional information to return to a future City Council meeting, however new Commissioners should be approved before current terms expire on June 30, 2024.
ATTACHMENT(S)
1. Previous Action
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On June 13, 2023, the City Council appointed the following Youth Commissioners to two-year terms beginning July 1, 2023: Anirvin Madhan, Olivia Miranda, Owen Spishock, Hritika Trivedi, and Katharina Wallace.
CITY COUNCIL AGENDA ITEM NO. H.1
06/11/2024
SUBJECT: Application for Vesting Tentative Subdivision Map and Design Review approval for the Lone Tree Way residential project DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Miguel Contreras, Associate Planner
TITLE/RECOMMENDATION
The Planning Commission recommends that the City Council approve the project by adopting three separate resolutions: one adopting a Mitigated Negative Declaration for the project (SCH#20231003390); one approving a Vesting Tentative Subdivision Map (VTSM 9597) for the subdivision of a 16.32-acre parcel into 37 single-family residential lots; and one approving a Design Review application (DR 22-005), subject to certain findings and conditions.
The Planning Commission’s recommendation includes approval of a subdivision map to create 37 single-family residential lots, including two sets of duets, a public park, a new private internal roadway system, and other related on-site and off-site improvements. The project qualifies for a density bonus pursuant to the State Density Bonus Law (SDBL), but the project will not exceed the density allowed by the General Plan. Rather, the project will utilize waivers/reductions from certain City standards, as allowed by the SDBL. The project also includes a design review application (DR 22-005) for the homes to be constructed on the lots. The project is located at 7590/7650 Lone Tree Way, just east of O’Hara Avenue (APN 018-060-006 and -007).
As noted below, the project that the Planning Commission recommended approving is slightly modified from what the applicant proposed. The applicant subsequently suggested further modifications to the project for the City Council’s consideration.
The City prepared a Mitigated Negative Declaration for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval are included as individual conditions of
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approval where appropriate. The MND analysis covers all iterations of the project discussed in this report.
FISCAL IMPACT
The project proponent, Seecon Financial & Construction Co., Inc., has paid a total of $117,125.07 to process the application. These fees have fully covered staff’s time spent processing the application.
BACKGROUND AND PROJECT DESCRIPTION
This project has evolved throughout its processing. In order to provide the City Council and the public with a clear understanding of the project, this staff report addresses (1) the Applicant’s original project (the “Original Project”), (2) the version of the project considered by the Planning Commission (“Revised Project #1); (3) the version of the project the Planning Commission ultimately recommended for approval (the “PC Recommended Project”), and (4) the Applicant’s revised project, as submitted on January 23, 2024 (“Revised Project #2”) (see attached Comparison Matrix).
THE ORIGINAL PROJECT
ORIGINAL PROJECT DESCRIPTION
In April 2022, Seecon Financial submitted applications VTSM 9597 and DR 22-005 requesting that the City approve a subdivision consisting of 34 single-family homes and a set of duet units, for a total of 36 single-family homes on 36 lots. Under this Original Project application, the project would have included two lots with long, narrow sections located behind other parcels, i.e. “wings.” This unusual formation was suggested by the applicant to satisfy the City’s density transition policy. This policy requires that any new lots facing or abutting existing residential lots of one acre or more to generally have a minimum lot size of 20,000 square feet. Since the project site is surrounded on three sides by lots that are larger than one acre, the project would have to provide 20,000 square foot lots immediately adjacent to those large neighboring lots.
While this requirement is objective in nature and can be enforced, the City’s land use regulations do not include any objective standards as to required lot shape or configuration. Thus, the applicant proposed to meet the letter of the policy by adding “wings” to two of the project’s lots, thus technically meeting the 20,000 square foot buffer requirement, as shown on the following map:
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Figure 1: Subdivision map with “wings”
REVISED PROJECT #1
REVISED PROJECT #1 DESCRIPTION
In addition to the Original Project, the applicant also indicated that they would be willing to build a revised version of the project, one that did away with the “wings” shown above. In order to avoid providing 20,000 square foot lots in compliance with the City’s density transition policy, the applicant proposed to waive that policy by using the State Density Bonus Law (SDBL). While this law is often used to increase the density of a given project, the applicant here was proposing to use it to employ the waiver of local development standards (i.e., the density transition policy that would otherwise require 20,000 square foot lots on three sides).
Under this version of the project, the applicant needed to increase the amount of affordable housing being offered, so as to qualify for the SDBL and its benefits. The applicant proposed to meet the affordable housing obligations of Revised Project #1 as follows:
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Affordable Housing
This project is vested under the provisions of SB 330, and therefore, is subject to the regulations that were in place in April 2022, when the applicant submitted the preliminary application. As such, the project is only required to meet the 10% inclusionary housing requirements in effect at the time the application was submitted, rather than the current 13% requirement (the applicable Affordable Housing Ordinance is attached). With the Revised Project #1, the City’s Affordable Housing Ordinance (“Ordinance”) would be met via one moderate income detached single-family home, one very-low income duet unit, and one duet unit offered to the City for dedication, which (if accepted by the City) would count as two low income units, per the Ordinance.
Density Bonus
In addition to the above, the applicant was also seeking relief from the City’s density transition policy through waivers offered by the provisions of the State Density Bonus Law (SDBL). In order to qualify for these waivers, an applicant must provide a certain percentage of affordable units. In this case, the applicant proposes to meet this requirement by providing 5% very-low income units through a “shared housing building” that provides five housing units in the bedrooms of the home with common areas for cooking and gathering, as allowed through the SDBL. Shared housing is “…a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents.” (Government Code Section 65915(o)(7)(A)(i).) Lastly, the applicant proposed that this shared housing building be contained in one of the duet units offered for dedication to the City.
All of the above is explained in further detail in the attached December 5, 2023, Planning Commission staff report.
PLANNING COMMISSION DECEMBER 5, 2023 RECOMMENDATION
The applicant’s Revised Project #1 was heavily dependent on the assumption that the City would accept the proposed dedication of the one duet unit containing five shared housing units. In the event that the City did not accept this dedication, then the project would be out of compliance with the City’s affordable housing requirements, in that there would be a deficit of one low income unit proposed.
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While a shared housing building is allowed through the SDBL, the Planning Commission expressed concern that the units would be out of character with the greater city fabric and other units in the affordable housing program. The Planning Commission therefore recommended that the City Council approve yet another version of the project (“PC Recommended Project”) that included the elimination of the shared housing building and the inclusion of an additional set of duet units. This alternative would create 37 lots, instead of 36, and two sets of duet units, instead of one. This alternative would still meet the City’s affordable housing requirements (minimum 10% affordable units) and qualify for waivers under the SDBL (in order to waive the density transition requirement) without substantially redrawing the proposed map or architectural plans. This is further detailed below.
At the public hearing, the applicant indicated a willingness to consider the Planning Commission’s recommendation, but did not commit to a willingness to replace their project proposals with the Planning Commission’s.
SUMMARY OF PLANNING COMMISSION DISCUSSION
On December 5, 2023, the Planning Commission held a public hearing to consider the project. The City did not receive any public comments regarding this project prior to the Planning Commission hearing or during the circulation period of the Mitigated Negative Declaration (MND).
Planning Commission Questions
After staff’s presentation, the Planning Commission asked a few clarifying questions on the following topics:
1. Self-retaining water facilities (pervious surface) versus traditional retaining facilities (bio swales). Revised Project #1 proposed pervious surfaces on all road segments and driveways, as well as water retention areas on all side yards. While this is not common, it is also not inferior. The City Engineer cited a few places in the bay area, including San Jose, where these have been utilized. Essentially, it is a different type of engineering that achieves the same result and is a treatment method approved by the County’s C.3 policy that governs stormwater quality requirements.
Maintenance of these facilities would be the responsibility of the project’s home owners’ association.
2. Dedication of an affordable unit. The Commission asked staff to explain the applicant’s proposed dedication of an affordable unit. Staff clarified that, under the City’s Affordable Housing Ordinance, an applicant may either
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build the required number of affordable units or propose an “alternative equivalent” to constructing those affordable units. One of the potential “alternative equivalents” listed in the Ordinance is the dedication (or transfer of ownership) of affordable units to the City for inclusion in the City’s rental housing program. In the event the City accepts such an offer of dedication, “each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required…” (BMC Section 17.725.004.D.) Staff noted that the City has not previously accepted any offers of dedication of affordable units, nor is the City required to do so.
3. Vehicle Miles Traveled (VMT). Prior to July 2020, the CEQA analysis of development projects studied transportation impacts by measuring vehicle delay or congestion through a reporting system known as ‘Level of Service’ (LOS). Projects that increased automobile delay or congestion beyond certain thresholds were required to mitigate those impacts. Beginning in July of 2020, the State mandated that the LOS metric would no longer be permissible for CEQA purposes. Vehicle Miles Traveled (‘VMT’) has replaced LOS as the relevant measuring system for CEQA transportation impacts. In the public hearing on this project, the Commission asked if the VMT analysis correlates to the “real world.” The CEQA consultant, De Novo Consulting, explained that VMT analysis is used as a model to predict the impacts to traffic by the development. While impossible to predict the future, these models offer a likely outcome based on the surrounding land uses, zoning, planned projects (schools, CIP, etc.) and trends and projections. Moreover, these models offer mitigation measures that would reduce or eliminate potential impacts. In the case of the VMT analysis, the identified mitigation measure (payment of school fees) is sufficient for the purposes of CEQA.
4. Calculation used for the park acreage. The Commission wanted to know how staff concluded that each home would yield 3.2 persons for the purposes of calculating the required park acreage. The City’s Parks Maintenance Manager answered that this is the prescribed figure per the General Plan. Staff also clarified that the proposed park location was the preferred location, as the Brentwood PD prefers parks to be located in highly visible areas for patrolling.
5. Shared housing building affiliation and parking requirements. The Commission asked if the shared housing building would be affiliated with a higher education institution or shelters. Staff clarified that the proposed
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shared housing units would not be associated with either. The SDBL defines these units as units for non-transient occupancy that would function similar to an apartment rental. Additionally, the Commission asked if there were different parking requirements for the shared housing building. Staff clarified that the SDBL only requires those parking spaces that the zoning code would require; in this case, it would only be two parking spaces.
After discussion, the Commission opened the hearing and took testimony from the applicant, represented by Jaqueline Seeno. In her presentation, Ms. Seeno gave a general overview of the Revised Project #1 and emphasized that her proposal was purposefully seeking to provide larger lots (at least 12,000 square feet) to maintain the character of the area, even though the applicant could use density bonus to create up to 74 smaller lots. Therefore, the applicant’s density bonus request only sought waivers to offer flexibility with the project site plan. Additionally, the applicant explained that the proposal of the park was a request from staff and they would rather pay an in-lieu fee and eliminate the park from the plans, given that the development is less than 50 units. The applicant also pointed out that their proposal also includes four junior accessory dwelling units (JADU’s) as extra units that could be counted towards the City’s RHNA obligations.
After her presentation, the Commission had questions for the applicant on topics including:
1. Whether the applicant built other developments that employ the same bio retention areas as the Revised Project #1. The applicant stated that they have in other jurisdictions and that no issues have arisen with those projects. The Commission further asked why the applicant did not use the same technique in their Inez Estates development. The applicant responded that the project was too small to use this type of engineering.
2. Whether the applicant would be opposed to alternate options, such as a duplex or triplex concept. The applicant stated that they were willing to entertain other options, except for a triplex, provided that the engineering worked out.
However, the applicant clarified that they would like to retain the five-unit shared housing building in order to qualify for the SDBL. (As noted above, the configuration of the project that the Commission ultimately recommended does not include the five-unit shared housing building, but would still allow the applicant to qualify for the SDBL.)
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3. Opposition to moving the park to another location within the development.
The applicant stated that they would be open to a discussion of not building a park and paying the in-lieu fee instead, but they were not amenable to moving the park to another location within the proposed development. The applicant presented a slide that demonstrated that there would be four parks within a quarter mile radius from the proposed development.
4. The purpose of proposing the JADUs. The applicant explained that these do not count towards density bonus or the City’s affordable housing ordinance.
However, they can be counted towards the City’s Regional Housing Needs Allocation (RHNA), provided certain conditions are met, and therefore, the applicant is providing these as a bonus to the City.
The Commission further asked if the JADUs count towards the park acreage requirement. Staff clarified that neither JADU nor ADUs count towards the required acreage for parks, since the State treats these differently than nonaccessory units.
5. The vision for the five unit shared housing building. The applicant stated that the vision is to provide different housing alternatives for those who are not ready to live in a full-sized home, adding that, since this building is offered for dedication, it would be up to the City to determine the vision and provide oversite in terms of establishing a vetting process and offering these to income eligible households.
The Commission pointed out that this could only happen if the City were to accept the dedication. The Commission further asked what the vision is if the City opts to not accept the dedication.
The applicant suggested that, merely by offering the units for dedication to the City, they had fulfilled their affordable housing obligation to provide one unit – whether or not the City accepted such offer. Moreover, the applicant stated that the City’s decision as to whether or not to accept the offer of dedication need not be made until after the project was approved, and should be done in conjunction with the City Council’s consideration of the affordable housing agreement for the project.
City staff clarified that this is not correct, and that if the City Council does not accept the dedication of the five unit shared housing building, then the applicant would not be able to use the two-for-one provision in the affordable
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housing ordinance. Therefore, the tentative map could not be approved because the project would be out of compliance with the BMC for being deficient in affordable housing units. The applicant could not fulfill the affordable housing obligation by simply offering a unit for dedication. Rather, the City would have to determine that it wanted to accept that dedication for the project to meet the requirements.
Public Comments
Three comments were received during public comment. The first comment was from a neighbor (to the north) who had concerns regarding his property, which houses a dog training facility, abutting the new development. His concerns were the safety of new neighbors who might have children or animals that venture onto his property.
The speaker claimed that the proposed six-foot wooden fence might not be sufficient to keep animals and children off his property, which could lead to an accident.
To this concern, staff clarified that one of the mitigation measures would be that the portions of the new development abutting the dog training facility will be improved with an eight-foot tall concrete masonry (CMU) wall.
The second comment was a neighbor whose property abuts the eastern portion of the project site. She expressed a desire that the entire eastern portion of the project be improved with an eight-foot tall CMU wall. She also expressed a concern regarding the height of the proposed homes (60% of them being two stories) obstructing her view of Mount Diablo. Her final concern was what mechanism would be used to keep people from wandering from the proposed park onto her property.
Staff clarified that the park would be improved with an eight-foot tall CMU wall preventing people from having access to her property. Further, staff clarified that the homes abutting her lot have at least a 20-foot setback from her property line, and this would mitigate against obstruction of views of Mount Diablo.
The final commenter had questions regarding the proposed drainage and the fiveunit shared housing building. The caller asked who would be required to maintain these water retention areas on the side yards, if these could lead to flooding issues, and what would keep a homeowner from putting down a concrete slab that would impede the drainage these areas were designed to facilitate.
The future HOA would be responsible for the maintenance of these areas and CC&Rs would be established prohibiting future homeowners from building or disturbing these
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water retention areas. Furthermore, these areas have been engineered to prevent flooding issues.
The caller’s last question was how was it that the Planning Department even allowed this type of development (shared housing building) to get this far into the process, if the low density designation is intended for detached single family homes.
To this, staff explained that the Planning Division has an obligation to move proposed projects through the process. In this case, the applicant is utilizing provisions of the SDBL, which supersede local zoning and general plan regulations. Through the SDBL, a shared housing building, with at least five shared housing units, can be constructed in any zone that allows for residential uses, including mixed-use zones. Furthermore, if the applicant meets the SDBL affordability, room size and amenity (kitchenette, bathroom, etc.) requirements, then the local jurisdiction has very few permissible grounds for denying the proposal. Here, the applicant is meeting the requirements set by the SDBL, and therefore the Planning Division must process the project.
Planning Commission Deliberation
During deliberation, the Commission expressed a desire to keep the park on site.
They questioned what would happen to the land if the City accepted a fee in-lieu of constructing it. Staff clarified that the applicant has indicated that this land would become an additional single family detached home. The Commission also questioned how the public would have access to this park if the project’s roads are private. Staff clarified that the Council can require, as a condition of approval, a method (such as an easement) to allow the public to access the park.
The Commission also expressed a concern regarding a waiver requesting a zero lot side yard. While they understood that this waiver was intended for the duet lot, they had an issue with a zero lot side yard being used by other non-duet lots. With this, the Commission asked staff to clarify the language of the waiver being sought to be only applicable for the side yards of any duet units.
PC RECOMMENDED PROJECT
After substantial deliberation, the Planning Commission ultimately recommended that the project be modified to provide 37 units, including two sets of duets, with no shared housing building. This would cause minimal modifications to the Revised Project #1, as shown below:
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Table 1: Comparison of Revised Project #1 and PC Recommended Project Items to remain the same Items that would change
MND and MMRP (the project’s CEQA
initially contemplated 38 units and thus
covers a lesser unit count as well)
Architecture
Landscape plan
Park location
Bio-retention locations and methods
Fencing/wallplan
Off-site improvements
Ingress/egress and circulation
Density transition waiver request
Eliminate 5 unit shared housing
building
No longer offer a unit for dedication
Adds set of duets for a total of four
units in duets (thus increasing total
lots from 36 to 37)
Reduces number of units from 40 to 37
Reduces park size from 0.64 acres to
0.59 acres due to the reduction of the
total number of units
Modifies requested waivers to allow
certain waivers to apply to the duet
units only
The applicant provided the City with a plotting plan of what the 37 lot concept would look like (attached). The additional duet units would be located on lot 18 and a new lot 37 and would be the same floor plans as the previously proposed set of duets. If the City Council adopts the attached resolution, staff recommends that the Council add a condition of approval requiring that each set of duets be of different architectural styles to create greater variety within the project (condition of approval #30 in DR resolution).
Consistency with the Affordable Housing Ordinance
The Commission’s recommendation to include a second set of duets and remove the shared housing building would still be in compliance with the City’s affordable housing ordinance as follows:
Table 2: Local Affordable Housing Ordinance Requirements Affordability
Level
Required (for
ownership projects)
Proposed Does PC
Recommended
Project meet
requirement?
Very-low 3% (1.1 units
rounded to 1 unit)
2/37 = 5.4%
(duet on Lot 36 and
11)
Yes
Low 4% (1.4 units
rounded to 1 units)
1/37 = 2.7%
(duet unit on Lot 18)
Yes
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As seen above, the applicant would be in compliance with the 10% affordability required by the applicable ordinance. In addition to this, the applicant’s revised plotting plan exhibit shows that the duets would not be located near each other, which is consistent with the requirements of the City’s Affordable Housing Ordinance.
State Density Bonus Law Request
The applicant still sought to qualify for waivers under the SDBL in order to gain relief from the City’s density transition policy. In order to qualify for waivers, the applicant must include at least 5% of the proposed units as affordable to very-low income households. The applicant meets this requirement as follows:
Table 3: State Density Bonus Law
As noted above, the applicant would still qualify for the SDBL waivers by providing two very-low income units. The requested waivers are as follows:
Table 4: Waivers Requested
Standard Waiver Requested Analysis
1 Transition Lots:
Lots facing or
abutting existing
residential lots of
one acre or more
have a minimum
size of 20,000
square feet
Elimination of the
transition lot
requirement for lots
along the perimeter of
the project.
Providing 20,000 sf
transition lots would
physically preclude
construction of 6 of the
proposed units. This would
reduce the overall density of
the project as proposed.
Moderate 3% (1.1 units
rounded to 1 units)
1/37 = 2.7%
(single-family home
on Lot 37)
Yes
Total 10%
(4 units)
4/37 = 11% Yes
Affordability
Level
Minimum number of
units required
Proposed Does the project PC
recommended project
meet minimum
qualifications for
SDBL eligibility?
Very-low 5% (1.8 units rounded to 2
units)
2/37 =
5.4% Yes
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Standard Waiver Requested Analysis
Staff recommends granting
this waiver.
2 Lot Width:
Minimum lot width
is 90 feet
Narrowest width of a
duet lot is 40 feet and
would be out of
compliance with the 90
foot lot width
requirement.
Adherence to this standard
would prevent the duet lots
from being constructed in
the proposed layout. Staff
thus recommends granting
this waiver.
3 Lot depth:
Maximum 150
feet.
Waiver of the maximum
lot depth to
accommodate lots #33,
lot #20 and lot #24
The project could not be
constructed at the proposed
density in the proposed
layout if the maximum lot
depth requirements are
applied to these lots. Staff
thus recommends granting
this waiver.
4 Front Setbacks:
Minimum 20 feet
Waiver for the minimum
setback to be 10 feet to
accommodate duet units
and for encroachments
of front porches on 24
detached home lots.
Duet lot #11 is proposed
with a 15 foot setback, and
the project could not be
constructed at the proposed
density if the 20-foot
standard is applied to this
lot. Staff thus recommends
granting the requested
waiver as to this lot.
Additionally, there are 24
detached homes that are
proposed with front porches
with a 15 foot setback. The
project can be constructed
at the proposed density
even if it complies with this
standard for the 24
detached homes without
reducing the requested
density or unit count. Staff
therefore recommends that
the requested waiver only
be granted as to the duet
lots. A draft condition of
approval is included in the
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Standard Waiver Requested Analysis
attached resolution requiring
all non-duet lots to meet the
20’ front setback standard.
5 Side yards and
rear yards.
Side yard: 12 feet
with an average of
30 Rear Yard:20 feet
Waiver for the duet lots
to be at 0’ side yard and
0’ rear yard only where
the duet units share a
common wall. Setbacks
along the perimeter of
the duet lots shall be as
otherwise required or
waived in this approval.
The project could not be
constructed at the proposed
density if these standards
are required, as construction
of the duet units would be
impossible. Staff thus
recommends granting this
waiver.
Aside from the first three waivers, the Planning Commission recommended that the Council only waive those standards that apply and affect the constructability of the duet units. These waivers would be only those that were necessary in order to construct the duets since the Ordinance allows them to be built on smaller lots.
Park Acreage
Due to the Planning Commission recommendation changing the unit count from 40 units (35 units plus the 5 shared housing units) to 37 units, there would be a slight reduction to the required park acreage calculation. In accordance with laws allowing cities to require the dedication of parkland (or payment of fees in-lieu thereof) in conjunction with new residential subdivisions, General Plan Policy CSF 2-2 directs the City to “[a]chieve and maintain a minimum overall citywide ratio of 5 acres of park land per 1,000 residents.” Consistent with the General Plan, the Parks and Recreation Department uses 3.2 as the average number of persons per dwelling unit for this calculation.
Average Number of Persons/unit (3.2) X .0050 = .0160 acres per unit 37 units x .0160 acre = 0.59 acres
Based on this, the project would be required to pay a fee in-lieu of dedication equivalent to the value of 0.59 acres or to construct a 0.59 acres park. The application currently proposes a single parcel totaling 0.58-acres that would be dedicated to the City for park purposes and, therefore, this application would be required to increase the park area by 0.01-acre as reflected in the VTSM resolution.
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Throughout the hearing, the Commission’s biggest concern regarding the project was the proposed shared housing building and how this would fit into the fabric of the City, and what it would mean for the project if the Council did not accept the dedication. Due to this, the Commission recommended that the City Council approve the PC Recommended Project, which features two sets of duet units and eliminates the shared housing building. The Commission called for a ten minute recess to allow staff to bring back resolutions that reflected these changes. Thereafter, the Commission unanimously voted to adopt Resolution No. 23-038, recommending that the City Council adopt the MND and MMRP for the project; Resolution No. 23-038 recommending that the City Council approve a VTSM with 37 units including two sets of duet units; and Resolution No. 23-040 recommending that the City Council approve the Design Review application with two sets of duets.
The PC Recommended Project accomplishes many of the applicant’s goals, but if the applicant does not agree to this version of the project, state law does not empower the City to require them to accept it.
CITY COUNCIL MEETING OF JANUARY 23, 2024, AND CONTINUANCE This project was agendized and duly noticed for the January 23, 2024, City Council meeting. However, early that afternoon, the applicant submitted a letter (attached) to the Council requesting the consideration of a new alternative (Revised Project #2) to the PC Recommended Project. Because consideration of Revised Project #2 would require revisions to the resolutions, staff requested a continuance in order to analyze the new proposal to ensure that it is consistent with all applicable laws and the IS/MND. The City Council unanimously voted to continue the hearing to February 27, 2024.
REVISED PROJECT #2
This new alternative (attached) proposes 40 units on 40 lots, which includes two sets of duet units and 36 market rate detached units.
Project Description
The following highlights the differences between the new 40-lot proposal (Revised Project #2) compared to the original 36-lot, 5 shared housing unit, proposal (Revised Project #1):
Table 5: Comparison of Revised Project #1 and #2
Items to remain the same Items that would change
MND and MMRP: De Novo consultants
issued a memorandum (attached) Eliminates five unit shared housing building
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indicating that there are negligible
changes between a 40-unit project
and a 36-unit project.
Architecture
Landscape plan
Park location and size
Bio-retention locations and methods
Fencing/wall plan
Off-site improvements
Ingress/egress and circulation
No longer offers a unit for dedication
Adds a set of duets for a total of four
units in duets
Increases number of market rate
homes (33 to 36)
Increases in number of lots (36 to 40)
30 lots under 12,000 square feet
(including duet lots) instead of only 2
lots (duets)
Modifies requested waivers to include
reduced lot sizes for market rate lots
Development Standards
The proposed project, with waivers, would be consistent with the requirements of the R-1-12 zoning district as follows:
Table 6: R-1-12 development standards (Revised Project #2) R-1-12
Development
Standards
Proposed Revised Project #2
Complies?
Minimum Lot
Area
Detached lots:
12,000 sf
26 lots between
10,000 sf –
11,558 sf
10 lots at least
12,000 sf
No, waiver requested
Duet lots: 3,000 sf
Duet lots between
5,979 sf – 6,460
sf
Yes
Minimum Lot
Width
90 ft + 90 feet
measured 30 feet
from front property
lines for lots on the
“bulb” of curvilinear
street.
23 lots <90 ft
17 lots >90 ft No, waiver requested
Maximum Lot
Depth 150 ft
210 ft on lots
#20, 24 and 33.
All other lots
meet this
requirement.
No, waiver requested
Minimum
Front Yard
Setback
20 ft 10 ft No, waiver requested
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R-1-12
Development
Standards
Proposed Revised Project #2
Complies?
Minimum
Side Yard
Setback
12 ft, sum of both
sides 30 ft
All detached lots:
12 feet, sum of
both sided 30 ft
Duet lots: 0 ft
Detached lots comply
Waiver requested for
duet lots
Minimum
Rear Yard
Setbacks
20 ft
All detached lots:
20 ft minimum
Duet lots: 0 ft
Detached lots comply
Waiver requested for
duet lots
Minimum OffStreet
Parking
Spaces
2 2 Yes
Maximum
Building
Height
30 ft 28 ft, seven
inches Yes
Density 1.1-3.0 dwelling
units per acre
2.45 dwelling
units per acre Yes
Consistency with the Affordable Housing Ordinance
The applicant’s alternative proposal would be in compliance with the City’s affordable housing ordinance as follows:
Table 7: Local Affordable Housing Ordinance Requirements (Revised Project #2)
Affordability
Level
Required (for
ownership
projects)
Proposed Does Revised
Project #2 meet
requirement?
Very-low 3% (1.2 units
rounded to 1 unit)
2/40 = 5% (duet on
Lot 36 and 11)
Yes
Low 4% (1.6 units
rounded to 2 units)
1/40 = 2.5%
(duet unit on Lot 18)
Yes
Moderate 3% (1.2 units
rounded to 1 units)
1/40 = 2.5% (singlefamily home on Lot 37)Yes
Total 10%
(4 units)
4/40 = 10% Yes
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As seen above, the applicant would be in compliance with the 10% affordability required and defined by the Ordinance that was vested pursuant to the April 2022 SB 330 application. In addition to this, the applicant’s revised plotting plan exhibit shows that the duet units would not be located near each other, which is consistent with the requirements of the City’s Affordable Housing Ordinance.
State Density Bonus Law Request
The applicant is still seeking to qualify for waivers under the SDBL in order to gain relief from the City’s density transition policy. In order to qualify for waivers, the applicant must include at least 5% of the proposed units as affordable to very-low income households. The applicant meets this requirement as follows:
Table 8: State Density Bonus Law (Revised Project #2)
As noted above, the applicant would still qualify for the SDBL waivers by providing two very-low income units. The requested waivers are as follows:
Table 9: Waivers Requested (Revised Project #2)
Standard Waiver Requested Analysis
1 Transition Lots:
Lots facing or
abutting existing
residential lots of
one acre or more
have a minimum
size of 20,000
square feet
Elimination of the
transition lot
requirement for lots
along the perimeter of
the project.
Providing 20,000 sf
transition lots would
physically preclude
construction of 6 of the
proposed units. This would
reduce the overall density of
the project as proposed.
Staff recommends granting
this waiver.
2 Lot Size Waiver for 26 lots to be
below the minimum lot
size of 12,000 sq. ft.
The proposed range is
Adherence to this standard
would prevent the project
from being constructed in
the proposed layout. Staff
Affordability
Level
Minimum number of
units required
Proposed Does Revised
Project #2 meet
minimum
qualifications for
SDBL eligibility?
Very-low 5% (1.8 units rounded to 2
units)
2/40 = 5% Yes
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Standard Waiver Requested Analysis
between 10,000 sq. ft.
and 11,558 sq. ft.
thus recommends granting
this waiver.
3 Lot Width:
Minimum lot width
is 90 feet
23 lots would be less
than 90’ wide.
Adherence to this standard
would prevent the project
from being constructed in
the proposed layout. Staff
thus recommends granting
this waiver.
4 Lot depth:
Maximum 150
feet.
Waiver of the maximum
lot depth to
accommodate lots #33,
lot #20 and lot #24
The project could not be
constructed at the proposed
density in the proposed
layout if the maximum lot
depth requirements are
applied to these lots. Staff
thus recommends granting
this waiver.
5 Front Setbacks:
Minimum 20 feet
Waiver for the minimum
setback to be 10 feet to
accommodate duet units
and for encroachments
of front porches on
detached home lots.
Adherence to this standard
would prevent the project
from being constructed in
the proposed layout. Staff
thus recommends granting
this waiver.
6 Side yards and
rear yards.
Side yard: 12 feet
with an average of
30 Rear Yard:20 feet
Waiver for the duet lots
to be at 0’ side yard and
0’ rear yard only where
the duet units share a
common wall. Setbacks
along the perimeter of
the duet lots shall be as
otherwise required or
waived in this approval.
The project could not be
constructed at the proposed
density if these standards
are required, as
construction of the duet
units would be impossible.
Staff thus recommends
granting this waiver.
Park Acreage
The proposed alternative of 40 units would require the payment of a fee in-lieu of dedication of 0.64 acres or the construction of a 0.64 acre park. The application currently proposes a single parcel totaling 0.58-acre that would be dedicated to the City for park purposes and, therefore, this application would be required to increase
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the in lieu fee payment by the monetary equivalent of 0.06-acre or the construction of a 0.64 acre park, as reflected in the attached draft VTSM resolution.
Public Comment
Prior to the City Council meeting, a comment was submitted by Leanne Alfaro (attached), a neighboring property owner who is concerned about two, two-story homes that would about her property. She requests that the Council consider requiring the applicant to improve the property with a 10-foot wall around the entire development or at least the portions that abut her property. Staff does not recommend that a wall, especially one with a height of 10-feet, be required since this would not be consistent with typical single family residential development.
CITY COUNCIL MEETING OF FEBRUARY 27, 2024, AND CONTINUANCE This project was agendized and duly noticed for the February 27, 2024, City Council meeting. A few hours before the meeting, however, the City received two letters.
The first letter is from Leigh Prince of Fox Rothschild LLP, on behalf of Discovery Builders, Inc., alleging that the project’s MND and Density Bonus were inadequate.
The second letter is from Louis Parsons of Discovery Builders, Inc., alleging that the project’s architectural drawings were prepared by Discovery Design Group (DDG) and that the Project Applicant did not have express authorization to use the drawings (both letters attached). Due to this, the project was again continued to a date uncertain.
Since then, De Novo Planning Group (CEQA consultant for the City) reviewed the MND and determined that it is adequate (see attached memorandum). In addition, City staff has reviewed the density bonus proposal and found it to be in conformance with the State Density Bonus Law. Finally, the applicant submitted revised architectural plans drawn by RRM Design Group; they are part of the attached project plans.
CONCLUSION
As mentioned above, the project has evolved through the entitlement process. The revised original project that the Planning Commission considered was dependent on the City Council accepting a unit for dedication. Due to this, the Planning Commission recommended to the Council to adopt an alternative to the applicant’s project (as described above). Prior to the public hearing for City Council’s consideration, the applicant submitted a fourth alternative. Staff reviewed the applicant’s fourth submittal, and determined, as outlined above, that the alternative is substantially similar to the PC’s recommendation in that it would meet the affordable housing requirements, qualify for Density Bonus waivers and would be in conformance with
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the CEQA requirements. A few noteworthy changes are the addition of two market rate units and smaller lots sized throughout the project. The below table provides a comparison of the evolution of the project:
Table 10: Comparison of Project Proposals
Plan 1 “Original
Project”
Plan 2 “Revised
Project 1”
Plan 3 “PC
Recommended
Project”
Plan 4 “Revised
Project 2”
35 detached units
Wing lots
40 total units
34 detached units
1 set of duet units
Shared housing
building (5 units)
1 duet unit offered
for dedication
No wing lots
37 total units
33 detached units
2 sets of duets
No wing lots
No shared housing
building
No unit offered for
dedication
40 total units
36 detached units
2 sets of duets
No wing lots
No unit offered for
dedication
No shared housing
building
Density Bonus
None requested
Density Bonus
Seeking waivers
Density Bonus
Seeking waivers
Density Bonus
Seeking waivers
CEQA
In compliance
CEQA
In compliance
CEQA
In compliance
CEQA
In compliance
Park Size Required:
0.56 acres
Park Size Required:
0.64 acres
Park Size Required:
0.59 acres
Park Size Required:
0.64 acres
The options that City Council can pursue are summarized below. It should be noted that the June 11, City Council meeting will be the fourth hearing held on the project.
Under SB 330, cities are prohibited from conducting more than five hearings in connection with a housing project approval if the project complies with the applicable objective general plan and zoning standards in effect at the time an application is deemed complete.
OPTIONS
1. Consider and take action on the PC Recommended Project, reflected in the attached resolutions. However, as discussed above, if the applicant does not agree to this version of the project, state law does not empower the City to require them to accept it.
2. Consider Revised Project #2 and direct staff to revise the resolutions to document the City Council’s direction. The changes to the attached resolutions required in order to approve the Revised Project #2, as proposed, would be relatively minor and could be made at the Council meeting.
CITY COUNCIL AGENDA ITEM NO. H.1
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CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on May 31, 2024. The applicant also posted the project site with the required signage.
ENVIRONMENTAL DETERMINATION
The City prepared a mitigated negative declaration (SCH# 2023100339) for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 15000, et seq.). Several potentially significant impacts were identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. The public review period for the proposed IS/MND began October 13, 2023 and ended November 2, 2023. Staff did not receive any comment letters during this public review period.
The IS/MND may be reviewed by clicking on the link below and scrolling to “Lone Tree Residential Project:”
https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments
ATTACHMENT(S)
1. Previous Action
2. CC resolution to adopt MND and MMRP
3. CC resolution for VTSM 9597
4. CC resolution for DR 22-005
5. Project Plans (Revised Project #1 Plans)
6. PC Staff Report
7. PC Recommended Project Master Plotting Plan
8. Original Project Master Plotting Plan
9. Public Comment, Leanne Alfaro
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10.Applicable Version of Affordable Housing Ordinance
11. Letter and Memorandum to the Council from Applicant
12.Revised Project #2 Plans
13.Comparison Matrix
14.CEQA Memorandum
15. Louis Parsons Letter
16. Fox Rothschild Letter
17.CEQA Memo Responding to the Fox Rothschild Letter
Previous actions related to this agenda item that were taken by the Planning Commission and City Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On October 28, 1997, LAFCO approved Annexation No. 96-03, annexing approximately 171 acres into the City of Brentwood and pre-zoning the residential development located north of Lone Tree Way, east of O’Hara Avenue, west of Anderson Land, and south of Neroly Road.
On December 14, 1999, the City Council, upon recommendation from the Planning Commission, approved General Plan Amendment No. 99-02 and Rezone No. 99-04, changing the General Plan land use designation from Very Low Density Residential to Professional Office and the zoning from Planned Development No. 29 to Planned Employment Center for 20.75 acres at the northeast corner of Lone Tree Way and O’Hara Avenue.
On September 24, 2013, the City Council adopted a Mitigated Negative Declaration and approved General Plan Amendment No. 13-002 to change the land use designation from Professional Office to Very Low Density Residential and approved Rezone No. 13-003 to change the zoning from Planned Employment Center (PEC) to Single Family Residential (R-1-12).
On January 23, 2024, the City Council voted unanimously to continue discussion of the project to February 27, 2024.
On February 27, 2024, the City Council voted unanimously to continue discussion of the project to a future meeting.
Plan 1 “Original
Project” (see figure
below)
Plan 2 “Revised Project
1” (see figure below)
Plan 3 “PC
Recommended
Project” (see figure
below)
Plan 4 “Revised Project
2” (see figure below)
35 detached units
Wing lots
40 total units
34 detached units
1 set of duet units
Shared housing
building (5 units)
1 duet unit offered
for dedication
No wing lots
37 total units
33 detached units
2 sets of duets
No wing lots
No shared housing
building
No unit offered for
dedication
40 total units
36 detached units
2 sets of duets
No wing lots
No unit offered for
dedication
No shared housing
building
Density Bonus
None requested
Density Bonus
Seeking waivers
Density Bonus
Seeking waivers
Density Bonus
Seeking waivers
CEQA
In compliance
CEQA
In compliance
CEQA
In compliance
CEQA
In compliance
Park Size Required:
0.56 acres
Park Size Required:
0.64 acres
Park Size Required:
0.59 acres
Park Size Required:
0.64 acres
Plan 1 “Original Project”
Plan 2”Revised Project 1”
Plan 3 “PC Recommended Plan”
Plan 4 “Revised Project 2”
CITY COUNCIL RESOLUTION NO. 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD ADOPTING A MITIGATED NEGATIVE
DECLARATION (SCH#20231003390) AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE LONE TREE
WAY PROJECT (VTSM 9597 AND DR 22-005), LOCATED AT
7590/7650 LONE TREE WAY (APNS 018-060-006/007).
WHEREAS, Seecon Financial and Construction Company, Inc. (the “Applicant”) submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9597) and Design Review (DR 22-005), to develop its proposed Lone Tree Way project, a 36-lot residential subdivision to be developed on a 16.32-acre site located north of Lone Tree Way (the “Project Site”, identified as APN 018-060-006/007); and WHEREAS, collectively, the Vesting Tentative Subdivision Map (VTSM 9597), which includes a request for a density bonus under the State Density Bonus Law, and the Design Review (DR 22-005) constitute the “Project;” and WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA,” codified at Public Resources Code Section 21000, et. seq.) and its implementing regulations (the “CEQA Guidelines,” found at 14 CCR Section 15000, et. seq.), the City of Brentwood is the lead agency for the proposed Project; and WHEREAS, the City reviewed the Project application and prepared an Initial Study for the Project in accordance with Section 15063 of the CEQA Guidelines; and WHEREAS, on the basis of the Initial Study, and pursuant to Section 15170 of the CEQA Guidelines, the City prepared a Mitigated Negative Declaration (“MND”) for the Project, which MND is attached hereto, along with the Initial Study, attached as Exhibit ‘A’ and incorporated herein by this reference; and WHEREAS, pursuant to Section 15097 of the CEQA Guidelines, the City has prepared a Mitigation Monitoring and Reporting Program (MMRP) to accompany the Initial Study and MND, which is attached hereto as a component part of Exhibit ‘B’ and incorporated herein by this reference; and
WHEREAS, pursuant to Section 15072 of the CEQA Guidelines, the City provided notice of its intent to adopt the MND, and pursuant to Public Resources Code Section 20191(b) and Section 15073 of the CEQA Guidelines, the City circulated the MND for public review and comments from October 13, 2023 to November 2, 2023; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on November 24, 2023 in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of December 5, 2023, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project; and
WHEREAS, the Planning Commission unanimously voted to adopt a resolution recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Program for the proposed Lone Tree Way residential project; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on January 12, 2024 in accordance with City policies and Government Code Section 65090; and
WHEREAS, a public hearing of the Project was scheduled before the City Council on January 23, 2024. However, six hours prior to the meeting, the applicant submitted a letter to the City Council requesting that an alternative to their project be considered; and
WHEREAS, at the January 23, 2024 meeting, staff requested that the item be continued to February 27, 2024, in order for staff to analyze the proposal and ensure compliance with applicable laws and the subject IS/MND; the City Council approved the continuance; and
WHEREAS, a public hearing of the Project was scheduled before the City Council on February 27, 2024. However, a few hours prior to the meeting, two letters were submitted on behalf of Discovery Design Group, one by Louis Parsons and the other by Leigh Prince of Fox Rothschild; and
WHEREAS, at the February 27, 2024 meeting, staff requested that the item be continued, to a date uncertain, in order for staff to analyze the submitted letters; the City Council approved the continuance; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of June 11, 2024, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood finds:
A. The recitals set forth above are true and correct and are incorporated herein by this reference.
B. The City Council has reviewed and considered the MND and MMRP together with all comments received during the public review process, as well as the written responses prepared to such comments, the staff report, testimony by staff and the public, and all other materials and evidence submitted to the City relating to the Project.
C. The City Council hereby finds, on the basis of the whole record before it, that:
a. The MND and MMRP have been prepared and completed in accordance with the requirements of CEQA and the CEQA
Guidelines;
b. There is no substantial evidence that the Project will have a significant effect on the environment;
c. The evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution.
d. The information, analyses, findings and conclusions set forth in the MND and MMRP reflect the City’s independent judgment and analysis.
D. Based on the information, analyses and conclusions in the Initial Study, and on the whole record before it, the City Council adopts the Initial Study and Mitigated Negative Declaration for the Lone Tree Way Project dated October 2023, attached hereto as Exhibit ‘A’, including the MMRP hereto as Exhibit ‘B’.
E. The City’s custodian for the record of proceedings for the Project is the Planning Manager and the record of proceedings is maintained in the City’s files at 150 City Park Way, Brentwood, California.
ADOPTED by the City Council of the City of Brentwood at its regular meeting of June 11, 2024, by the following vote:
AYES: None
NOES: None
ABSENT: None
RECUSE: None
APPROVED
Joeil R. Bryant
Mayor
ATTEST:
Margaret Wimberly, MMC
City Clerk
Initial Study and Mitigated Negative Declaration dated October 2023, Exhibit ‘A’ Mitigation Monitoring and Reporting Program, Exhibit ‘B’ All attachments may be reviewed by clicking on the link below and scrolling to “Lone Tree Way Residential:”
https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments
CITY COUNCIL RESOLUTION NO. 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A VESTING TENTATIVE SUBDIVISION
MAP (VTSM 9597) TO SUBDIVIDE ONE 16.32-ACRE PROPERTY
INTO 37 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED AT
7590/7650 LONE TREE WAY (APN 018-060-006/007).
WHEREAS, Seecon Financial and Construction Company, Inc. (the “Applicant”), submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9597) and Design Review (DR 22-005), to develop its proposed Lone Tree Way Project, a residential subdivision project proposed to be developed on a 16.32-acre site located north of Lone Tree Way (the “Project Site,” identified as APN 018-060-006/007); and WHERAS, collectively, Vesting Tentative Subdivision Map (VTSM 9597), which includes a request for a density bonus under the State Density Bonus Law, and Design Review (DR 22-005) constitute the “Project;” and
WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on November 24, 2023 in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of December 5, 2023, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project; and
WHEREAS, at the Planning Commission’s December 5, 2023, meeting, the Commission unanimously voted to recommend the project with slight variations to the City Council; and
WHEREAS, the City prepared an Initial Study and mitigated negative declaration for this project in accordance with the CEQA and CEQA Guidelines, and at its December 5, 2023 meeting, the Planning Commission recommended that the City Council adopt said MND, including its accompanying Mitigation Monitoring and Reporting Program through adoption of Resolution No 23-038; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on January 12, 2024 in accordance with City policies and Government Code Section 65090; and
WHEREAS, a public hearing of the Project was scheduled before the City Council on January 23, 2024. However, six hours prior to the meeting the applicant submitted a letter to the City Council requesting that an alternative to their project be considered; and
WHEREAS, at the January 23, 2024 meeting, staff requested that the item be continued to February 27, 2024, in order for staff to analyze the proposal and ensure compliance with applicable laws and the project’s IS/MND; the City Council approved the continuance; and
WHEREAS, a public hearing of the Project was scheduled before the City Council on February 27, 2024. However, a few hours prior to the meeting, two letters were submitted on behalf of Discovery Design Group, one by Louis Parsons and the other by Leigh Prince of Fox Rothschild; and
WHEREAS, at the February 27, 2024 meeting, staff requested that the item be continued, to a date uncertain, in order for staff to analyze the submitted letters; the City Council approved the continuance; and
WHEREAS, on June 11, 2024 the City Council adopted IS/MND SCH#20231003390 via Resolution No. ____; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of June 11, 2024, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:
A. Hereby finds that with respect to Brentwood Municipal Code Section
16.050.040.B and Government Code section 66474:
1. That the proposed map is consistent with the community development plan and any applicable specific plans.
The City’s 2014 General Plan and 2023 Housing Element include goals and policies to ensure that adequate housing needs are met and that adequate housing opportunities are available and affordable to all residents of Brentwood. The proposed project meets the intent of the goals and polices established by the General Plan and Housing Element as follows:
a. Goal LU 1. (“Establish a land use pattern in Brentwood that provides for a diverse, self-sufficient community that offers a broad spectrum of job opportunities, housing types, community facilities, and commercial services.”) The project would provide a land use pattern that would provide for a diverse and self-sufficient community that would offer a total of 33 detached market rate single-family
residences. In addition, the project would provide two sets of duet units (four total units), which would provide two very-low income units, and one low-income unit and one moderate income unit. b. Goal H-1. (“Provide a diversity of housing opportunities to enhance the City's living environment and to satisfy the shelter needs of all Brentwood residents.”) The project would provide a diversity of housing opportunities by including 33 single-family market rate homes, and two sets of affordable duet units. The single-family homes would range in size from 2,924 sf to 23,834 sf.
c. Goal H-2 (“Encourage housing that is affordable to all socio-economic segments of Brentwood’s population.”) The project includes four affordable units for very-low, low-, and moderate-income families for the Brentwood population, consistent with the City’s Affordable Housing Ordinance.
d. Action H 2a (“Compliance with Affordable Housing Ordinance: All new residential projects shall provide affordable housing units in accordance with the City’s adopted Affordable Housing Ordinance Chapter 17.725. The City will continue to review and monitor the ongoing effectiveness of the City’s affordable housing ordinance to ensure developers provide a certain percentage of new homes to qualifying households at an affordable cost for the longest feasible time. The ordinance shall also continue to include a list of automatically available development incentives to encourage the construction of the inclusionary units, as well as provide the details for available alternatives to satisfy inclusionary housing obligations.”) The project would comply with the Affordable Housing Ordinance by providing affordable units in accordance with the City’s adopted ordinance that was in effect at the time the project was deemed complete in April 2022 and is subject to the 10 percent affordability requirement. The project would provide four affordable units (10 percent) for very-low, low-, and moderate-income households. In addition the applicant is proposing to meet the density bonus requirements. The project developer would be required to enter into an Affordable Housing Agreement with the City prior to final map approval.
The project site is within the General Plan R-VLD land use designation, which provides for a density range from 1.1 to 3.0 dwelling units per acre. The 37 proposed units would result in an overall density of 2.27 dwelling units per acre, which is consistent with the density range of 1.1 to 3.0 dwelling units per acre. e. Action H 2h (“Density Bonus: Grant density bonuses for the provision of affordable housing as required by State law. Monitor statutory requirements for municipal density bonus requirements and make
necessary changes in the Municipal Code to reflect State law.”) The State Density Bonus law allows a housing development consistent with that law to develop at a density in excess of the density established for that General Plan land use without rezoning the site or requiring a General Plan amendment. The project site’s General Plan land use designation is R-VLD which allows for 1.1 to 3.0 units per acre, with a mid-range of 2.0 units per acre. Therefore, the proposed 16.32-acre project is allowed to build up to the base density of 50 dwelling units (Government Code § 65915 (o)(4)). The applicant is invoking the State Density Bonus law, a state mandate that allows for a “density bonus”, an amount over and above the allowable residential density when a project includes a qualifying affordability component. The project’s proposed density (2.27 du/a) is within the allowed range under the City’s current General Plan (3.0 du/a) and as a result is not proposing to utilize any of the allowed bonus units. The project is proposing to utilize certain waivers allowed under the Law with respect to some of the zoning criteria. f. Goal H 4 (“HOUSING OPPORTUNITIES GOAL: Provide equal housing opportunities for all residents of Brentwood.”) The project provides 33 market rate homes and 4 affordable homes for the City of Brentwood, thus providing housing opportunities for all residents of the city.
2. That the design or improvement of the proposed subdivision is consistent with the community development plan and any applicable specific plans.
The Project Site is not currently within any adopted or proposed specific plan area. The design and improvements of the proposed subdivision are consistent with the General Plan, including with those goals and actions set forth above, as well as the following:
a. Policy CIR 1-2. (“Ensure that the City’s circulation network is a wellconnected system of streets, roads, highways, sidewalks, and paths that effectively accommodates vehicular and non-vehicular traffic in a manner that considers the context of surrounding land uses and the needs of all roadway users.”) Site access would be provided by Lone Tree Way, which (at this location) is an arterial street leading to retail and dining. Lone Tree Way will be widened by the project.
In addition, two roadway connections would be constructed along Lone Tree Way to provide access to the proposed roadway network that would be constructed as part of the project. Sidewalks would be included on both sides of the streets to allow for pedestrian circulation throughout the project site. A new sidewalk would also be constructed along the northern side of Lone Tree Way outside of the project boundary. Full right-of way improvements would be constructed within the street, including utilities, curb gutter, and a separated sidewalk.
b. Policy LU 1-4 (“Require new development to occur in a logical and orderly manner, focusing growth on infill locations and areas designated for urbanization on the Land Use Map and be subject to the ability to provide urban services, including paying for any needed extension of services.”) The proposed project is located within a developed area and will connect to adjacent existing infrastructure.
The project involves the construction of the necessary infrastructure to serve the proposed neighborhood and would include plans to connect to existing City infrastructure to provide water and sewer to the site. Storm water quality for the site will be achieved through self-treating areas on each lot and the private road network and include pervious pavers on each driveway, pursuant to Contra Costa County and State Water Control Resource Board regulations. A condition of approval requires the establishment of a Home Owner’s Association in order to maintain these water treatment facilities. c. Policy LU 1-5 (“Encourage new development to be contiguous to existing development, whenever possible.”) The proposed project is contiguous to existing development. Full right-of-way improvements would be constructed within the street, including utilities, curb gutter, and a separated sidewalk. The subdivision would be oriented in a similar pattern as typical single-family subdivision, thus creating a fabric of viable and interrelated neighborhoods.
d. Action LU 2a. Density Transition Policy Action. Action LU 2a of the General Plan requires a density transition for proposed lots facing or abutting existing residential lots zoned Ranchette Estate or of one acre or more, such that the proposed lots have a minimum area of 20,000 square feet. The subject site is surrounded on three sides (north, east and west) by six lots that are larger than one acre (and one that is half of one acre) and therefore subject to the density transition policy. The applicant seeks a waiver of this requirement per the provisions of the State Density Bonus Law. Providing 20,000 sf transition lots would physically preclude construction of 6 of the proposed units. This would reduce the overall density of the project as proposed. The City Council has reviewed the project’s eligibility for the requested waivers and finds that the Project qualifies for such waivers as set forth below.
e. Finally, the project complies with other applicable elements of the General Plan as described in finding A(1) above.
3. That the site is physically suitable for the type of development.
The site is physically suitable for the type of development proposed by VTSM 9597 insomuch as 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 Permittee will be required to make the necessary improvements to tie in to the City’s stormwater and sewer facilities, as well as treat all stormwater runoff, and the design of the subdivision and the associated improvements 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, including all Federal, State, and local regulations.
4. That the site is physically suitable for the proposed density of development.
The site is physically suitable for the density of development proposed, in that it complies with the density allowed per the City’s General Plan and the State Density Bonus law. The project site is zoned R-1-12, which allows for
3.0 units per acre and the General Plan land use designation is R-VLD which allows for 1.1 to 3.0 units per acre, with a mid-range of 2.0 units per acre.
Therefore, the proposed 16.32-acre project is allowed to build up to the base density of 50 dwelling units (Government Code § 65915 (o)(4)). The applicant is invoking the State Density Bonus law, a state mandate that allows for a “density bonus”, an amount over and above the allowable residential density when a project includes a qualifying affordability component. Pursuant to the State Density Bonus law, 37 units are proposed, which will result in a density of 2.27 dwelling units per acre, which is within the density determined to be suitable for development of this site by the General Plan.
5. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat unless an Environmental Impact Report was prepared with respect to the project and a finding was made pursuant to subdivision (c) of Section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report.
The design of the subdivision and the associated improvements have been analyzed for their impacts on the environment through the preparation of an initial study/mitigated negative declaration (IS/MND) and a Mitigation Monitoring and Reporting Program which includes feasible mitigation measures to ensure that any impacts identified as potentially significant in the IS/MND will be reduced to a less than significant level.
6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.
The design of the subdivision and the type of improvements proposed are not likely to cause serious public health problems due to the fact that this Project includes proposed improvements necessary to ensure a safe and
healthy development, including adequate wastewater and potable water infrastructure, streets that meet the City’s specifications, street lighting, and compliance with Federal, State, and local regulations designed to protect public health.
7. That the design of the subdivision or 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.
The design of the subdivision and the associated improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision as alternative access, utility, and irrigation facilities will be constructed, enabling continued service to properties serviced by existing easements.
B. Hereby finds that with respect to the density bonus requested by the Permittee pursuant to Brentwood Municipal Code Chapter 17.720 and Government Code §§ 65915-65918 (the “Density Bonus law”):
1. Qualification. The proposed project is proposing to provide at least five percent (5%) of the units for very-low income households, which meets the State’s Density Bonus Law threshold for a base density bonus (Government Code § 65915 (f)(2)(B)(1)(b)). The project qualifies for a density bonus, but is not seeking to develop above the density allowed by the City. The project is, however, requesting to utilize the waivers allowed under the Law with respect to some of the zoning criteria. The City Council has reviewed the project’s eligibility for the requested waivers and finds that the Project qualifies for such waivers.
2. Satisfaction of requirements. The Project shall, by incorporation of the conditions set forth herein, comply with all requirements of Brentwood Municipal Code Chapter 17.720 and the Density Bonus law.
3. Requested concession. The provision of five percent (5%) of the units for very-low income households, meets the State’s Density Bonus Law threshold for a base density bonus (Government Code § 65915 (f)(2)(B)(1)(b)). The applicant is not requesting a concession at this time.
4. Requested waivers. The Permittee has requested the following waivers.
Having determined that there are no grounds under the law for denying these requested waivers, the City Council grant the following requested waivers for the reasons stated below:
Standard Waiver Requested Analysis
1 Transition Lots:
Lots facing or
abutting existing
residential lots of
Elimination of the
transition lot
requirement for lots
Providing 20,000 sf
transition lots would
physically preclude
construction of 6 of the
Standard Waiver Requested Analysis
one acre or more
have a minimum
size of 20,000
square feet
along the perimeter of
the project.
proposed units. This would
reduce the overall density of
the project as proposed.
2 Lot Width:
Minimum lot width
is 90 feet
Narrowest width of a
duet lot is 40 feet and
would be out of
compliance with the 90
foot lot width
requirement.
Adherence to this standard
would prevent the duet lots
from being constructed in
the proposed layout.
3 Lot depth:
Maximum 150
feet.
Waiver of the maximum
lot depth to
accommodate lots #33,
lot #20 and lot #24
The project could not be
constructed at the proposed
density in the proposed
layout if the maximum lot
depth requirements are
applied to these lots.
4 Front Setbacks:
Minimum 20 feet
Waiver for the minimum
setback to be 10 feet to
accommodate duet units
and for encroachments
of front porches on 24
detached lots.
Duet lot #11 is proposed
with a 15 foot setback, and
the project could not be
constructed at the proposed
density if the 20-foot
standard is applied to this
lot.
Additionally, there are 24
detached homes that are
proposed with front porches
with a 15 foot setback. The
project can be constructed
at the proposed density
even if it complies with this
standard for the 24
detached homes without
reducing the requested
density or unit count. A
condition of approval is
included in the project’s
Design Review Resolution
requiring all non-duet lots to
meet the 20’ front setback
standard.
Standard Waiver Requested Analysis
5 Side yards and
rear yards.
Side yard: 12 feet
with an average of
30 Rear Yard:20 feet
Waiver for the duet lots
to be at 0’ side yard and
0’ rear yard only where
the duet units share a
common wall. Setbacks
along the perimeter of
the duet lots shall be as
otherwise required or
waived in this approval.
The project could not be
constructed at the proposed
density if these standards
are required, as construction
of the duet units would be
impossible.
C. Hereby approves Vesting Tentative Subdivision Map (VSTM 9597), including the requested density bonus waivers, 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.
D. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at 150 City Park Way in Brentwood, California. The City Clerk is the custodian of records for the record of proceedings.
ADOPTED by the City Council of the City of Brentwood at its regular meeting of June 11, 2024, by the following vote:
AYES: None
NOES: None
ABESENT: None
RECUSE: None
APPROVED
Joel R. Bryant
Mayor
ATTEST:
Margaret Wimberly, MMC
City Clerk
EXHIBIT ‘A’ TO
CITY COUNCIL RESOLUTION NO. 24-_____
CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE SUBDIVISION MAP (VTSM 9597)
1. The Applicant and Permittees, including all successors in interest (collectively, “Permittee”) shall comply with each and every condition set forth in the Permit. Vesting Tentative Subdivision Map (VSTM 9597) (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed. The Permittee shall develop the site in accordance with the approved attachments and as modified by these Conditions of Approval.
2. 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 Permittee, unless modified by any of the conditions below.
3. The final map shall be substantially in conformance with Alternate Preliminary Lotting Plan prepared by RJA civil engineers “November 16, 2023” unless otherwise amended by the conditions of approval contained herein. Permittee shall modify said map to (a) include a second set of duet units on a lot to be determined by the City Council, and (b) move the location of the duet units currently shown on Lots 11 and 36 to another location within the subdivision.
No shared housing units shall be approved or constructed under VTSM 9597.
4. The approval of Vesting Tentative Subdivision Map (VTSM 9597) is effective only after adoption of the MND prepared to analyze the Project.
5. The Permittee shall indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of VTSM 9597, and DR 22-005, and any environmental determination made with regard thereto, save and except to the extent caused solely by the City's sole or active negligence, or willful misconduct. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to VTSM 9597, and the remainder of this obligation shall be unaffected by said Government Code section.
6. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.720 (“Density Bonus Program”) and Government Code 65915- 65918 (the State Density Bonus law).
7. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.725 (“Affordable Housing”), as effective on January 2022.
8. Prior to building permit issuance, the Permittee shall enter into an Affordable Housing Agreement with the City of Brentwood, per the City’s Affordable Housing Ordinance (Brentwood Municipal Code Chapter 17.725).
9. Permittee shall cause each and every mitigation measure set forth in the Mitigation Monitoring and Reporting Program for the Project to be fulfilled within the timelines set forth therein.
10. Prior to each building permit issuance, the Permittee shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the Contra Costa County Fire Protection District (CCCFPD). The City’s Building Division shall review the building plans to ensure compliance.
11. Prior to building permit issuance, the Permittee shall provide an adequate and reliable water supply for fire protection with a minimum fire flow to the satisfaction of CCCFPD and the City of Brentwood.
12. The Permittee shall comply with the Public Art Program as approved by the City by paying the in-lieu fees consistent with Brentwood Municipal Code Chapter 2.44.
13. The Permittee shall reconfigure Parcel “Z” (park) to be approximately 0.59- acres and be accessible for public use. The final acreage of Parcel “Z” to be dedicated to the City shall be per the General Plan. The Permittee shall dedicate, in fee, to the City of Brentwood, said Parcel “Z”. Parcel “Z” shall be improved to the satisfaction of the City Engineering, the Director of Parks and Recreation, and the Community Development Director, or their designees, prior to the issuance of a building permit.
14. Parcel “Z” (approximately 0.59-acre park) shall be constructed and completed by the Permittee, subject to reimbursement, and to the satisfaction and approval of the City Engineer, Director of Parks and Recreation and the Community Development Director, or their designees, prior to the issuance of the 18th certificate of occupancy and prior to the issuance of any building permit contiguous to Parcel “Z”.
15. Parcel “Z” and all landscape trails, medians and streetscapes shall be maintained by the Permittee, at their 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 financing mechanism accepted by the City.
16. The Permittee shall present to the Director of Parks and Recreation or designee and the City’s Park and Recreation Commission conceptual designs for all parks, trails and landscape areas for review and approval prior to final map approval.
17. The development of Parcel “Z” shall incorporate design criteria from the City of Brentwood Parks, Trails and Recreation Master Plan to the satisfaction of the City Engineer, the Director of Parks and Recreation and the Community Development Director, or their designees. The design for this park shall also include a tot lot to the satisfaction of the Director of Parks and Recreation.
18. The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, and self-treating water retention areas for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance subject to review and approval of the Planning Department.
19. The Permittee shall comply with all applicable NPDES requirements, including C.3, per the current Contra Costa County Stormwater C.3 Guidebook, to the satisfaction of the Director of Public Works/City Engineer.
20. The Project shall be consistent with all applicable City General Plan Policies.
21. All improvements shall be designed and constructed; all permits issued; all fees paid; and all securities submitted pursuant to applicable Federal and state laws, the Subdivision Map Act, the Brentwood Municipal Code, the City Engineering Department’s Standard Plans and Specifications, and the City Engineering Department’s Engineering Procedures Manual.
22. Permittee and all construction plans and maps shall comply with Brentwood Municipal Code Title 8 “Health and Safety,” Title 9 “Public Peace and Welfare,” Title 12 “Streets, Sidewalks and Public Places,” Title 13 “Sewers,” Title 14 “Water,” Title 15 “Building and Construction,” and Title 16 “Subdivision and Land Development.” In particular:
a. Solid waste service shall comply with Brentwood Municipal Code Chapter
8.16 “Solid Waste.”
b. Construction and demolition work shall comply with Brentwood Municipal Code Chapter 8.40 “Construction and Demolition Debris Recycling.”
c. Permittee shall comply with Brentwood Municipal Code Chapter 9.32 “Noise Regulations.”
d. Permittee shall dedicate and improve any thoroughfare and/or collector street pursuant to Brentwood Municipal Code Chapter 12.04 “Street Widths.”
e. Permittee shall comply with the encroachment permit requirements pursuant to Brentwood Municipal Code Chapter 12.08 “Street Encroachments.”
f. Sewer backflow prevention, interceptors, and other health and safety requirements shall be incorporated into the project pursuant to Brentwood Municipal Code Chapter 13.04 “Sewer System – Rules and Regulations.”
g. Brine-discharging self-regenerating water softener systems are prohibited pursuant to Brentwood Municipal Code Section 13.04.022.B. h. Recycled water services shall comply with Brentwood Municipal Code Chapter 13.06 “Recycled Water Regulations.”
i. Water service shall comply with Brentwood Municipal Code Chapters
14.01 “Municipal Water System” and Chapter 14.10 “Cross-Connection Control.” In addition and to comply with both health and safety requirements as well as the City’s Engineering Design Standards, all projects serving more than 25 units shall design and construct at least two independent points of potable water supply to the Project. j. Contractors requiring construction water shall obtain a temporary water permit and shall only take water metered at a location specified by the City Engineer pursuant to Brentwood Municipal Code Section 14.01.340 “Contractors.”
k. Permittee shall comply with the Federal Clean Water Act, the Municipal Regional NPDES Permit, and Brentwood Municipal Code Chapter 14.20 “Stormwater Management and Discharge Control.”
l. Fire access and aerial apparatus access shall comply with the requirements of the Fire District and Brentwood Municipal Code Chapter
15.06 “Fire Code.”
m. Special flood hazard areas shall comply with the requirements of Brentwood Municipal Code Chapter 15.07 “Flood Plain Management.” n. Grading shall comply with Brentwood Municipal Code Chapter 15.52 “Grading, Erosion and Sediment Control.”
o. All grading and noise generating activities shall be limited to the days and hours defined in Brentwood Municipal Code Section 15.52.060 “Grading Regulations.”
p. In addition to the indemnification obligation set forth above, Permittee shall indemnify the City pursuant to Brentwood Municipal Code Section
15.52.160 “City Held Harmless.”
q. Pursuant to Brentwood Municipal Code Section 16.070.030.B, review of a Final Map, certification and approval shall not proceed until the Improvement Plans (onsite and offsite) have been submitted and reviewed by and approved by the City Engineer.
r. Permittee shall obtain all required permits including, but are not limited to: buildings; sewer connections; encroachment; grading; use; business license; water connection; Army Corps of Engineers; Contra Costa County Flood Control; California Department of Fish and Wildlife pursuant to Brentwood Municipal Code Section 16.120.050 “Procedures.”
s. All storm drain, sewer, water and street systems shall be designed and sized to accommodate such additional flows, volumes or loads as may be contributed by the most intensive developed land use of the lands adjacent to or beyond the limits of the subdivision pursuant to Brentwood Municipal Code Section 16.120.080.
t. All public facilities shall be constructed and any existing deficiencies shall be corrected. This includes both required on- and off-site public facilities and any deficiencies on-site, abutting the parcel or parcels involved or required off-site to provide service to the proposed development or for the continued safety, health and well-being of the public upon completion of the development pursuant to Brentwood Municipal Code Section 16.120.090 “Public Facilities Installation.”
u. Utilities shall be installed underground pursuant to Brentwood Municipal Code Section 16.120.120 “Undergrounding – Electric, Communication, Street Lighting and Advanced Technology Systems.”
v. All landscaping installed by the project shall be from trees and plants selected from the City Approved Drought Tolerant and Native Plant List with the exception of bioretention facilities which shall conform to Appendix B of the Contra Costa Clean Water Program C.3 Guidelines, to the satisfaction of the Director of Parks and Recreation and City Engineer.
w. Permittee shall make all land dedications pursuant to Brentwood Municipal Code Sections 16.140 and 16.150.
23. Prior to issuance of a grading permit:
a. The height and location of all existing and proposed retaining walls shall be shown on the Grading Plans. Retaining walls over three feet in height shall be structurally engineered, and shall require separate building permits. All retaining walls shall include a sub-drain system to the satisfaction of the City Engineer.
b. Construction Plans shall demonstrate with plans, analysis, or other documentation signed and stamped by a licensed Civil Engineer that there is adequate overland drainage release to an adequate public drainage facility to the satisfaction of the City Engineer. Permittee shall acquire drainage easements, if necessary.
c. Permittee shall provide approved hydrology and hydraulic calculations signed by a licensed engineer demonstrating that the Project will adequately collect and convey all runoff within the Project as well as the entire developed watershed upstream of the Project pursuant to Brentwood Municipal Code 16.120.080.C.
24. Prior to issuance of an encroachment permit or approval of Improvement Plans:
a. Unless otherwise constructed by the City, construction plans, designed to the satisfaction of the City Engineer, shall include the widening of Lone Tree Way along the project frontage to the ultimate right-of-way configuration consistent with Standard Detail ST-1 “Arterial Street”.
Improvements shall include, but not be limited to, the widening of roadway, bike lane, street lighting, sidewalk, green infrastructure, landscaping, irrigation, median islands and traffic signal at the intersection of Lone Tree Way, Smith Road and Christopher Way. As these improvements are not necessitated by the Project’s impacts, they are eligible for reimbursement consistent with the City’s Development Fee Program and the Project’s fair-share due to its impacts.
b. All proposed internal roadways shall be privately maintained with public utility and emergency vehicle access easements dedicated unless they are designed and built to current City Standards to the satisfaction of the City Engineer.
c. The Permittee shall submit for review and approval of the Community Development Director an enhanced paving plan showing colorized stamped concrete, asphalt, or similar at the main ingress/egress points to the single-family residential lots along Lone Tree Way to provide a clear delineation between public and private streets, which location shall be shown on the improvement plans.
d. Construction Plans shall include all utilities, including, but not limited to, meters, hydrants, poles, signs, clean-outs and boxes to be located
clear of all trails, sidewalks and driveways or as determined by the City Engineer.
e. Construction Plans shall include all utilities designed with seismic considerations to the satisfaction of the City Engineer. f. Permittee shall submit a colored Composite Site Exhibit showing the location of all existing and proposed utilities, utility boxes, landscaping, monuments, street improvements, lights, signs, driveways, house envelopes, fencing, grading contours, walls, easements, property lines, and other improvements as required at a sufficient scale to allow a comprehensive review of proposed improvements.
g. Construction Plans shall note that construction of all gravity utilities (i.e. storm drain, sewer) to always commence at the downstream connection and proceed to the upstream terminus.
h. Construction Plans shall demonstrate that all gravity utilities (i.e. storm drain, sewer) are designed to positively and completely drain by gravity without relying on any electro-mechanical means (i.e. pumps, lift stations and siphons) to the satisfaction of the City Engineer. i. Construction Plans shall include cathodic protection measures for all buried metallic infrastructure pursuant to City Standards or as approved by the City Engineer.
j. Construction Plans shall include all proposed storm drain inlets to include and update existing storm drain inlets along the project frontage with “No Dumping – Drains to Creek” thermoplastic stencils to the satisfaction of the City Engineer.
k. Permittee shall obtain approval from the City Engineer on the Project Operation and Maintenance Manual for all stormwater control systems.
Said Manual shall comply with all applicable Municipal Regional NPDES Permit requirements including, but not limited to, maintenance, sediment removal, weed and trash abatement, and the use of chemicals.
l. Construction Plans shall include all landscaping with adequate root barriers to protect all City facilities, including but not limited to sidewalks, utilities, meters, ramps, and driveways.
m. Permittee shall have a licensed Land Surveyor locate all existing survey monuments on or adjacent to the project, and show said monuments as protected on all construction plans.
n. Construction Plans shall include a Traffic Control Plan in conformance with the latest edition of the Manual of Uniform Traffic Control Devices issued by Caltrans and as required by the City Engineer. o. Construction Plans shall include Emergency Vehicle Access areas to comply with the requirements of the Fire District, and that ingress and egress is provided to all neighboring properties during construction. p. Construction Plans shall incorporate roadways and driveways that provide adequate sight distance pursuant to City and Caltrans design requirements. All landscape areas required to have restrictions to comply with sight distance requirements shall be shown on applicable Construction and Plot Plans.
q. Construction Plans shall incorporate all-weather vehicular access from a public road to all proposed and existing public storm drain, sewer, water, and non-potable water mains, appurtenances, and easements subject to approval of the City Engineer.
25. Prior to approving the Final Map:
a. Final Map shall comply with the current Subdivision Map Act. b. Final Map shall show the project frontage dedication area for Lone Tree Was as a future public right-of-way; not as open space being dedicated to the City.
c. The Project shall annex into the most current City Community Facilities District, and annex into, or form a street lighting and landscape maintenance assessment district, or provide and execute an alternative funding mechanism acceptable to the City for the maintenance of City improvements.
d. The Project shall annex into the most current Emergency Medical and Fire Protection Services Community Facilities District as required by the Contra Costa County Fire Protection District and Brentwood Municipal Code Chapter 17.635.
e. Permittee shall provide for an adequate private funding mechanism for the perpetual maintenance of all stormwater NPDES treatment areas and other similar clean water facilities to the satisfaction of the City Engineer. In addition:
i. Permittee shall dedicate parcels, if any, with said facilities to a Homeowner’s Association (HOA) or similar private entity in fee. ii. Permittee shall dedicate private easements in favor of the HOA or similar private entity over accessible areas within individual lots over proposed self-retaining areas.
f. Final Map shall include approved street names by the Fire District and Community Development Department. All public streets shall be irrevocably offered for dedication.
g. All applicable City fees shall be paid including, but not limited to, the Agricultural Mitigation Fee, the Contra Costa Flood Control and Water Conservation District Fee.
h. Final Map shall show relinquishment of abutter’s rights of access adjacent to all accessible ramp locations.
i. For all common interest developments, Permittee shall submit a copy of the draft Covenants, Conditions and Restrictions for City review.
26. Prior to issuance of any Building Permits:
a. All on-site improvements shall be constructed prior to the issuance of any building permit in each phase (excluding model homes). The improvements shall include, but is not limited to pavement, curb, gutter, sidewalk, street lights, utilities and walls to the satisfaction of the City Engineer.
b. Permittee shall provide an approval signed and sealed by a geotechnical or structural engineer of the location, nature and proximity of stormwater features near or adjacent to buildings as determined by the City Engineer. Locations and design of any mitigating structural design feature (i.e. foundations) shall be shown on the appropriate construction plans.
c. Permittee shall pay all Development Impact Fees pursuant to, or otherwise comply with the latest City of Brentwood Development Impact Fee Program.
d. Permittee shall provide documents signed by a licensed engineer on building pad elevation, compaction, and appropriate remediation from unsuitable soils.
e. Permittee shall demonstrate that all acoustic mitigations have been incorporated into applicable plans.
CITY COUNCIL RESOLUTION NO. 24-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING DESIGN REVIEW (DR 22-005) FOR 37
SINGLE-FAMILY HOMES, INCLUDING FOUR DUET UNITS,
LOCATED AT 7590/7650 LONE TREE WAY (APN 018-060-
006/007).
WHEREAS, Seecon Financial and Builders, Inc. (the “Applicant”), submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9597) and Design Review (DR 22-005), to develop its proposed Lone Tree Way Project, a residential subdivision project proposed to be developed on a 16.32-acre site located north of Lone Tree Way (the “Project Site,” identified as APN 018-060-006/007); and WHEREAS, collectively, Vesting Tentative Subdivision Map (VTSM 9597), which includes a request for a density bonus under the State Density Bonus Law, and Design Review (DR 22-005) constitute the “Project;” and WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration (SCH#20231003390) for this project in accordance with CEQA and the CEQA Guidelines, and at its December 5, 2023 meeting, the Planning Commission recommended that the City Council adopt said MND, including its accompanying Mitigation Monitoring and Reporting Plan, through adoption of Resolution No. 23-038; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on November 24, 2023 in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of December 5, 2023, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project.
WHEREAS, the Planning Commission unanimously voted to recommend that the City Council approve design review application DR 22-005; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on January 12, 2024 in accordance with City policies and Government Code Section 65090; and
WHEREAS, a public hearing of the Project was scheduled before the City Council on January 23, 2024. However, six hours prior to the meeting the applicant submitted a letter to the City Council requesting that an alternative to their project be considered; and
WHEREAS, at the January 23, 2024 meeting, staff requested that the item be continued to February 27, 2024, in order for staff to analyze the proposal and ensure compliance with applicable laws and the project’s IS/MND; the City Council approved the continuance; and
WHEREAS, a public hearing of the Project was scheduled before the City Council on February 27, 2024. However, a few hours prior to the meeting, two letters were submitted on behalf of Discovery Design Group, one by Louis Parsons and the other by Leigh Prince of Fox Rothschild; and
WHEREAS, at the February 27, 2024 meeting, staff requested that the item be continued, to a date uncertain, in order for staff to analyze the submitted letters; the City Council approved the continuance; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of June 11, 2024, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project; and
WHEREAS, on June 11, 2024, the City Council adopted IS/MND SCH#20231003390 via Resolution No. ___ and VTSM 9597 via Resolution No. _____.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:
A. With respect to the design review findings pursuant to Brentwood Municipal Code Section 17.820.007:
i. The proposed development shall create a well-composed urban design, harmoniously related to other facilities in the immediate area and to the total setting as seen from key vantage points in the community.
The proposal provides for a varied streetscape, interspersing three plans with four distinct elevations per plan. The Residential Design Guidelines requires the provision of three plans with four distinct elevations per plan, the proposed project is providing a total of three varied floor plans with four varied elevations, ensuring significant architectural variation within the streetscape and, thereby, meeting the intent of the Guidelines. In addition, each architectural style will have six color scheme options to provide significant color scheme variation that creates a variety of combinations.
ii. Elements of design which have significant relationship to the exterior appearance of structures and facilities shall be given special consideration; these elements include but are not limited to height, arrangement on the site, texture, lighting, material, color, signs, landscaping, size, bulk and scale, and appurtenances.
The proposed architecture is uniquely designed, allowing for increased variation of building design throughout the subdivision.
There are three home plans with each of the floor plans offering a unique configuration, intended to create differentiation and variety on the streetscape, and provide buyers with distinct choices in lifestyle and use of space. There are four distinctive elevation styles, which include Spanish, Farmhouse, Craftsman, and French Country. The exterior materials, massing, roof shape and pitches, trim shapes, colors and materials create a strong neighborhood identity and provides for architectural variation throughout the subdivision. For each architectural style will have six color scheme options that represent the particular style, for a number of color combination schemes. The proposed design provides architectural elements and building forms including the size, bulk and scale of the homes, that reflect attention to detail and general compliance with the City’s Design Guidelines.
iii. The proposed development shall be of a quality and character appropriate to, and serving to protect the value of, private and public investments in the immediate area.
No two identical floor plans are repeated side-by-side facing the same street. The façade massing is broken up with varying elevation styles, rooflines, color schemes, and finished materials Architectural integrity is maintained in that the architectural style of each elevation type remains consistent with the traditional examples on which the style is based, and the elements evident on the front façade are carried around to the less-prominent side and rear elevations. Articulated front façades and the use of rooflines to differentiate the first and second stories help to reduce building massing. Front elevations use porches and finish materials to emphasize points of entry.
Other features identified in the design guidelines are carried through onto the proposed plans, including: maintenance of architectural integrity with window-wrapping treatment carried around to the side and rear elevations; inclusion of various roof heights and forms; and the visual emphasis of front doors from the street. Roof forms and pitch angles vary slightly, but are generally consistent throughout each architectural elevation style. Taken together, these elements reflect attention to detail and general
compliance with the City’s design guidelines by creating a thoughtful and well design project that serves to protect the value of, private and public investments in the immediate area. iv. Where the proposed development is located in an area for which a specific plan, planned development, neighborhood plan or precise plan has been adopted by the city council, the design of the development shall conform in all significant respects with such plans.
The subject site is not located within an area for which a specific plan has been approved. However, it is subject to the provisions of the Single Family Residential (R-1-12) zoning district, which allows for single-family residential uses on lots as well as provides development standards including height, setbacks and parking standards. In addition, the project site is likewise within the General Plan Residential Very Low Density (R-VLD) land use designation, which provides for 1.1-3.0 dwelling units per acre.
According to the General Plan, density calculations are to be made based on a project’s gross acreage. This project would result in a density of 2.27 dwelling units per acre, within the General Plan allowable range.
v. The proposed development shall conform with all requirements for landscaping, screening, parking, usable open space and off-street loading as set forth in this title.
The Project, as designed and conditioned, incorporates all required landscape areas within private front yards, all water treatment areas will be owned and maintained by an HOA. At least two fullsize parking spaces are provided within the garage of each home plan, thus meeting the parking requirements pertaining to singlefamily developments. vi. The site development criteria set forth in Section 17.820.008.
The siting and internal arrangement of all structures and circulation, parking, lighting, access, landscape, hardscape, and utility facilities on the site are conducive to an orderly, attractive, efficient, and harmonious development insomuch as the homes are plotted to meet the allowed setbacks and are designed to provide an attractive and interesting street scene. The home plans are designed to reduce massing and introduce development on a scale that is appropriate to surrounding uses. Access to the
neighborhood is provided through public streets and required parking is provided on each residential lot within a two-car garage.
Additionally, as designed, the Project will not have an adverse environmental effect on adjacent developments, existing or
potential, by reason of conflicts in land use in that the proposed development adheres to the General Plan allowable density. vii. “The City of Brentwood Design Guidelines” adopted March 24, 2001, and any other applicable specific design criteria or standards set out in this title or other city ordinance.
The project adheres to these standards at it provides variety in unit plans by providing three distinct floor plans and 4 elevations for each of the these floor plans, 50% of corner lots within the development are single-story units, 25% of all units are singlestory units, (BDG Section 2.6.1) The project further complies with the guidelines as the proposed homes maintain architectural integrity given that the four architectural styles are clearly articulated (BDG Section 2.6.2).
viii. All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions.
The State of California has passed numerous housing laws to address the housing shortage and limit local government’s ability to deny housing projects that comply with the General Plan and/or zoning designation. There are several laws that apply to the project and effect the processing of the Project. The housing laws that effect and are requested to be used by the applicant and project directly limit the City’s ability to respond to issues about density, development standards, and design standards. Although there are a variety of housing laws that apply to this project, the most relevant is the State Density Bonus law (Government Code §§ 65915-65918), with which this Project, as conditioned, is consistent. The Project’s compliance with all applicable regulations of the zoning ordinance and other City ordinances, policies, or resolutions is further discussed in the findings set forth in Resolution No. 23-039 approving Vesting Tentative Subdivision Map (VTSM 9597), which findings are incorporated herein as if restated in full.
B. Hereby approves Design Review (DR22-005) 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.
C. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at 150 City Park Way in Brentwood, California. Planning Manager Erik Nolthenius is the custodian of records for the record of proceedings.
ADOPTED by the City Council of the City of Brentwood at its regular meeting of June 11, 2024, by the following vote:
AYES: None
NOES: None
ABESENT: None
RECUSE: None
APPROVED
Joel R. Bryant
Mayor
ATTEST:
Margaret Wimberly, MMC
City Clerk
CITY COUNCIL RESOLUTION NO. 24-____
CONDITIONS OF APPROVAL FOR
DESIGN REVIEW (DR 22-005)
1. The Applicant and Permittees, including all successors in interest (collectively, “Permittee”) shall comply with each and every condition set forth in the Permit. Design Review (DR 22-005) (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed. The Permittee shall develop the site in accordance with the approved attachments and as modified by these Conditions of Approval.
2. All applicable Standard Conditions of Approval for Tentative Subdivision Maps and Design Review Applications, dated May 2005, are hereby incorporated by reference and shall be complied with by the Permittee, unless modified by any of the conditions below.
3. The residential units shall be constructed in substantial conformance with the plans prepared by Discovery Design Group dated “June 30, 2022” unless otherwise amended by the conditions of approval contained herein.
4. The approval of Design Review (DR 22-005) is effective only after adoption of the MND prepared to analyze the Project.
5. The Permittee is responsible for ensuring that all setbacks are met at the time of plot plan submittal for building permits and throughout the construction process.
6. The Permittee shall provide staff with an updated master plotting plan depicting the proposed moderate income detached unit on either lot #23 or #25 in order to meet the Affordable Housing requirement requiring dispersal of low income units.
7. The Permittee shall provide staff with updated plans (master plotting plan, landscaping plan, etc.) reflecting all the requested Density Bonus waivers.
8. Permittee shall provide staff with a Master Plotting Plan depicting all units, except for the duet units, being in conformance with the 20’ front yard setback requirement of the R-1-12 zone.
9. The Permittee shall provide staff with an updated master plotting plan upon any changes related to setbacks, home plans, and elevation combinations. The changes shall be reviewed and approval shall be to the satisfaction of the Community Director or their assignee.
10. Building designs shall consist of one of the four approved architectural styles (Spanish, Farmhouse, Craftsman, and French Country).
11. All proposed masonry block walls and retaining walls shall be decorative split face block.
12. Pursuant to the Brentwood Residential Design Guidelines, enhanced design elements and a continuation of design elements, such as lap siding and shutters as proposed on the front elevations shall also be provided on the side and rear elevations of corner lots.
13. The same floor plan or exterior colors for dwelling units shall not be placed side by side. Flipping the orientation of the floor plan does not constitute a change in floor plan and homes directly across the street from one another should not have the same floor plan, unless they have different elevation styles.
14. All trees shall comply with the City of Brentwood’s Urban Forest Guidelines.
15. All proposed trees shall be depicted on the proposed landscape plans as being in 24-inch boxes.
16. The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, fencing, and self treating retention areas for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance subject to review and approval of the Planning Department.
17. Residential wood fences shall meet the minimum requirement of the City’s Enhanced Residential Good Neighbor Fence detail (ST-22).
18. The Permittee shall be responsible for the construction of all good neighbor fences between the properties and all perimeter walls.
19. Perimeter CMU wall shall be 6 feet tall, with pilasters in 10 foot intervals.
Pilasters shall project 12 inches from the face of the wall and will project 12 inches from the top of the wall in order to break up the wall plain.
20. Prior to building permit submittal, plans for all external lighting fixtures shall be submitted in conjunction with the photometric plan for the review and approval of the Community Development Director. All fixtures must be of a cut-off or full cut-off classification and cut-sheets allowing verification of the design must be submitted to the Planning Department.
21. All HVAC shall be ground mounted and shall not be visible from any street or pedestrian views. No roof mounted HVAC unit allowed.
22. The Permittee shall indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against
City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of VTSM 9597, and DR 22-005, and any environmental determination made with regard thereto, save and except to the extent caused solely by the City's sole or active negligence, or willful misconduct. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to VTSM 9597, and the remainder of this obligation shall be unaffected by said Government Code section.
23. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.720 (“Density Bonus Program”) and Government Code 65915- 65918 (the State Density Bonus law).
24. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.725 (“Affordable Housing”).
25. Permittee shall cause each and every mitigation measure set forth in the Mitigation Monitoring and Reporting Program for the Project to be fulfilled within the timelines set forth therein.
26. Prior to each building permit issuance, the Permittee shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the Contra Costa County Fire Protection District (CCCFPD). The City’s Building Division shall review the building plans to ensure compliance.
27. Prior to building permit issuance, the Permittee shall provide an adequate and reliable water supply for fire protection with a minimum fire flow to the satisfaction of CCCFPD and the City of Brentwood.
28. The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, and bio retentions areas for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance subject to review and approval of the Planning Department.
29. The Permittee shall comply with all conditions of approval for Vesting Tentative Subdivision Map No. 9597, and Design Review No. 22-005.
30. The Permittee shall submit architectural plans depicting both sets of duet units to be of different architectural styles.
OCt 25, 2023
3 2 1 4 19 5
6 7 8 9 10
PARCEL Z
3534
32 33 27 28 30 31 29 25 26
24 23
2221
20 18 17 16 15 14 13 12
Parcel Z shall be reserved
for park dedication if
accepted by the City. If not
accepted by the City, project
shall satisfy park dedication
requirements by payment of
fees-in-lieu in accordance
with applicable Brentwood
Municipal code.
11 36
P1
PROPOSED PLANTS
SYMBOL BOTANICAL/ COMMON NAME
TREES
DIETES VEGETA/ FORTNIGHT LILYLAVANDULA ANGUSTIFOLIA/ ENGLISH LAVENDER
CALLISTEMON 'LITTLE JOHN'/ DWARF BOTTLEBRUSH
GREVILLEA X 'NOELLII'/ NOELL GREVILLEA
XYLOSMA CONGESTUM 'COMPACTA'/ COMPACT XYLOSMA
15 GALLON CONTAINERS
1 GALLON CONTAINERS
ROSMARINUS OFFICINALIS 'TUSCAN BLUE'/ ROSEMARY
NANDINA 'GULF STREAM'/ HEAVENLY BAMBOO
LANTANA MONTEVIDENSIS/ TRAILING LANTANA
5 GALLON CONTAINERS
PISTACIA CHINENSIS/ CHINESE PISTACHE
50'
100'
0'
SCALE: 1"=50'-0"
25'
CERCIS CANADENSIS/ EASTERN REDBUD
LONE TREE WAY 7590 & 7650
CITY OF BRENTWOOD, CALIFORNIA
TOTAL
SHEET
OF
C:\Users\Michael\appdata\local\temp\AcPublish_3472\EXH_Lonetree_Way_Prelim.dwg Oct 05, 2023-09:18 am 3 OCTOBER 5, 2023 M I C HA E L S HUL A R , No . 4 8 9 8 Date Renewal Date L I C ENS ED L ANDS C A P E A RC H I T EC T Exp. 05.31.25 Signature AI RN FO OF C AL I E T AT S 306 Canyon Falls Dr. Folsom, CA 95630 www.msladesign.com LANDSCAPE ARCHITECTURE, Inc. 916.989.3372
PRUNUS 'KRAUTER VESUVIUS'/ FLOWERING PLUM
MAGNOLIA GRANDIFLORIA/ SOUTHERN MAGNOLIA
ACER RUBRUM/ RED MAPLE
LONE TREE WAY
STREET TREES
ACCENT ENTRY
TREES
FRONT YARD
TREES DRIVEWAYS, TYP.
(PERVIOUS PAVERS)
DRIVEWAYS, TYP.
(PERVIOUS PAVERS)
STREET ROW
PRELIMINARY LANDSCAPE PLAN
LAGERSTROEMIA DYNAMITE/ CRAPE MYRTLE
SYMBOL BOTANICAL/ COMMON NAMESHRUBS
MEANDERING SIDEWALK
PARCEL Z NOTES:1. STREETSCAPE, WALL, AND MONUMENT AT PARCEL Z SHOWN
ON THESE PLANS MAY NOT APPLY IF CITY ACCEPTS PARCEL Z
AS A PARK PARCEL.
2. PARCEL Z WILL BE DEDICATED TO THE CITY TO MEET THE
APPLICANT'S PARK LAND DEDICATION REQUIREMENT.
SHOULD THE CITY REJECT THIS DEDICATION, SAID PARCEL
WILL BE RETAINED BY THE APPLICANT AS A RESIDENTIAL LOT.
P2
LONE TREE WAY 7590 & 7650
CITY OF BRENTWOOD, CALIFORNIA
TOTAL
SHEET
OF
C:\Users\Michael\appdata\local\temp\AcPublish_3472\EXH_Lonetree_Way_Prelim.dwg Oct 05, 2023-09:18 am 3 OCTOBER 5, 2023 M I C HA E L S HUL A R , No . 4 8 9 8 Date Renewal Date L I C ENS ED L ANDS C A P E A RC H I T EC T Exp. 05.31.25 Signature AI RN FO OF C AL I E T AT S 306 Canyon Falls Dr. Folsom, CA 95630 www.msladesign.com LANDSCAPE ARCHITECTURE, Inc. 916.989.3372 TYPICAL FRONT YARD PLANTNGS
DIETES VEGETA/ FORTNIGHT LILYLAVANDULA ANGUSTIFOLIA/ ENGLISH LAVENDER
CALLISTEMON 'LITTLE JOHN'/ DWARF BOTTLEBRUSH
GREVILLEA X 'NOELLII'/ NOELL GREVILLEA
XYLOSMA CONGESTUM 'COMPACTA'/ COMPACT XYLOSMA
SYMBOL BOTANICAL/ COMMON NAME
SHRUBS
1 GALLON CONTAINERS
ROSMARINUS OFFICINALIS 'TUSCAN BLUE'/ ROSEMARYNANDINA 'GULF STREAM'/ HEAVENLY BAMBOOLANTANA MONTEVIDENSIS/ TRAILING LANTANA 5 GALLON CONTAINERS
YARD GATE, TYP.
TYPICAL LOT LAYOUT
NTS
SIDEWALK CONCRETE WALK PERVIOUS PAVER DRIVEWAY
TREES PER PLAN
TREES PER PLAN
MUHLENBERGIA RIGENS/ DEER GRASS
1 GALLON CONTAINERS
COREOPSIS VERTICILLATA 'MOONBEAM'/ TICKSEED SELF-RETAINING AREA
SELF RETAINING AREA
LAWN
PLANTER AREAS
SHRUB PLANTINGS
CAREX TUMULICOLA/ BERKELEY SEDGE
ECHINACEA 'PURPLE'/ CONEFLOWER
PROPOSED PLANTS
SYMBOL BOTANICAL/ COMMON NAME
TREES
15 GALLON CONTAINERS
PISTACIA CHINENSIS/ CHINESE PISTACHECERCIS CANADENSIS/ EASTERN REDBUDPRUNUS 'KRAUTER VESUVIUS'/ FLOWERING PLUM
MAGNOLIA GRANDIFLORIA/ SOUTHERN MAGNOLIA
ACER RUBRUM/ RED MAPLELAGERSTROEMIA DYNAMITE/ CRAPE MYRTLE
SYMBOL BOTANICAL/ COMMON NAME
SELF RETAINING AREAS
NOTE: SHRUB PLANTING SPECIES AND QUANTITY TO VARY BETWEEN LOTS.
YARD FENCING
HINGE,
TYP.
HOUSE
WALL
2"x4" BRACE
BOARD
(TOP AND
BOTTOM OF
GATE)
WOOD
FENCE
BOARDS
4"x6" PRESSURE
TREATED DOUG
FIR WOOD POST
(TYP.)
LATCH
2"x4" DIAGONAL
BRACE BOARD
48"
WOOD FENCE AND GATE
NTS
6'
2 3/8" SCH 20 GALV. STEEL
POSTS
8' O.C. TYP.
3 2 1 4 19 5
6 7 8 9 10
PARCEL Z
3534
32 33 27 28 30 31 29 25 26
24 23
2221
20 18 17 16 15 14 13 12
Parcel Z shall be reserved
for park dedication if
accepted by the City. If not
accepted by the City, project
shall satisfy park dedication
requirements by payment of
fees-in-lieu in accordance
with applicable Brentwood
Municipal code.
11 36
PROJECT NAME
P3
50'
100'
0'
SCALE: 1"=50'-0"
25'
LONE TREE WAY 7590 & 7650
CITY OF BRENTWOOD, CALIFORNIA
TOTAL
SHEET
OF
C:\Users\Michael\appdata\local\temp\AcPublish_3472\EXH_Lonetree_Way_Prelim.dwg Oct 05, 2023-09:18 am 3 OCTOBER 5, 2023 M I C HA E L S HUL A R , No . 4 8 9 8 Date Renewal Date L I C ENS ED L ANDS C A P E A RC H I T EC T Exp. 05.31.25 Signature AI RN FO OF C AL I E T AT S 306 Canyon Falls Dr. Folsom, CA 95630 www.msladesign.com LANDSCAPE ARCHITECTURE, Inc. 916.989.3372 LONE TREE WAY YARD FENCING, TYP.
YARD FENCING,TYP.
MASONRY SOUNDWALL
AND DECORATIVE
PILASTERS
PRELIMINARY FENCING AND WALL PLAN
MASONRY WALL SCHEMATIC (CONCEPTUAL)
NTS
CMU BLOCK PILASTER WITH
SPLIT-FACE FINISH AND PRECASTSTONE CAP.
BASALITE REGAL WALL CAP
(CONTINUOUS BETWEEN PILASTERS).
BASALITE REGAL
WALL CAP
(CONTINUOUSBETWEENPILASTERS)
8x8x16 CMU MASONRY BLOCK WITH
SPLIT-FACE FINISH
DECORATIVE CONCRETE PILASTER CAP
DECORATIVE
CONCRETE
PILASTER CAP
8x8x16 CMU
MASONRY BLOCK
WITH SPLIT-FACE
FINISH
ELEVATION
SECTION
PRECAST CONCRETE CAP RAISED
LETTERING
ENTRY MONUMENT SCHEMATIC
STONE VENEER
PILASTER
ELEVATION
ENTRY SIGN WALLS AND
DECORATIVE PILASTERS
WITH STONE VENEER
NTS
BRENTWOOD, CA NOVEMBER 6, 2023
LONE TREE WAY
MASTER PLOTTING PLAN
1 SINGLE
STORY
2 TWO
STORY
3 TWO
STORY
14 38%
COUNT
PERCENT
PLAN#
GRAND TOTAL HOMES: 36
TOTAL PERCENT: 100.0%
10 28%
10 28%
DISTRIBUTION TABLE
CITY OF BRENTWOOD
R1-12 ZONING
GENERAL STANDARDS
BUILDING SETBACKS:
FRONT 20 FEET
REAR 20 FEET
SIDE YARD 12 FEET
MIN AGGREGATE 30 FEET
CORNER SIDE 10 FEET
LOT DEPTH 150' MAX
LOT WIDTH 90 FEET
LOT SIZE 12,000 SF MIN
CATCHINGS CATCHINGS CATCHINGS
2,924 SF 3,490 SF 3,834 SF 7590 & 7650 LONE TREE WAY
4 DUETS
2,000
2 6%
*SETBACKS, N/A FOR DUETS
AFFORDABLE HOUSING (PRELIMINARY)
J = JADU (RENT), 4, LOW-INCOME
S = SF-DETACHED (RENT/SALE), 1, MODERATE
D = DUET (RENT/SALE), 1, MODERATE
D = DUET (RENT), 1, VERY-LOW
SF
LONE TREE WAY
SHEET INDEX
LONE TREE WAY PLAN 1 FRONT ELEVATIONS
Front Elevations
Elevation A - Spanish
Elevation B - Farmhouse
Date 06/30/2022
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Plan 1
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 1 FRONT ELEVATIONS
Front Elevations
Date 06/30/2022
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Plan 1
Seecon Financial & Construction Co., Inc.
7590 & 7650
Elevation C - Craftsman
Elevation D - French Country
LONE TREE WAY PLAN 1 SITE PLAN
City of Brentwood
Plan 1
Site Plan
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 1 FIRST FLOOR PLAN
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
Plan 1
First Floor Plan
LONE TREE WAY PLAN 1 ELEVATIONS - ‘A’
Roof Plan 'A'
Right
Rear Left
Plan 1
Elevations - 'A' D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 1 ELEVATIONS - ‘B’
Roof Plan 'B'
Right
Rear Left
Plan 1
Elevations - 'B' D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 1 ELEVATIONS - ‘C’
Roof Plan 'C'
Right
Rear Left
Plan 1
Elevations - 'C' D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 1 ELEVATIONS - ‘D’
Roof Plan 'D'
Right
Rear Left
Plan 1
Elevations - 'D' D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN2 FRONT ELEVATIONS
Elevation A - Spanish
Elevation B - Farmhouse
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 2
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 2 FRONT ELEVATIONS
Elevation C - Craftsman
Elevation D - French Country
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 2
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 2 SITE PLAN
City of Brentwood
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Plan 2
Site Plan
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 2 FIRST FLOOR PLAN
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
Plan 2
First Floor Plan
LONE TREE WAY PLAN 2 SECOND FLOOR PLAN
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
Plan 2
Second Floor Plan
LONE TREE WAY PLAN 2 ELEVATIONS - ‘A’
Roof Plan 'A'
Right
Rear Left
Plan 2
Elevations - 'A' D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 2 ELEVATIONS - ‘B’
Roof Plan 'B'
Plan 2
Elevations - 'B'
Right
Rear Left
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 2 ELEVATIONS - ‘C’
Roof Plan 'C'
Plan 2
Elevations - 'C'
Right
Rear Left
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 2 ELEVATIONS - ‘D’
Roof Plan 'D'
Plan 2
Elevations - 'D'
Right
Rear Left
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 3 FRONT ELEVATIONS
Elevation A - Spanish
Elevation B - Farmhouse
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 3
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 3 FRONT ELEVATIONS
Elevation C - Craftsman
Elevation D - French Country
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 3
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 3 SITE PLAN
City of Brentwood
Plan 3
Site Plan
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 3 FIRST FLOOR PLAN
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
Plan 3
First Floor Plan
LONE TREE WAY PLAN 3 SECOND FLOOR PLAN
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
Plan 3
Second Floor Plan
LONE TREE WAY PLAN 3 ELEVATIONS - ‘A’
Roof Plan 'A'
Right
Rear Left
Plan 3
Elevations - 'A' D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 3 ELEVATIONS - ‘B’
Roof Plan 'B'
Plan 3
Elevations - 'B'
Right
Rear Left
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 3 ELEVATIONS - ‘C’
Roof Plan 'C'
Plan 3
Elevations - 'C'
Right
Rear Left
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE WAY PLAN 3 ELEVATIONS - ‘D’
Roof Plan 'D'
Plan 3
Elevations - 'D'
Right
Rear Left
D
D
G
BRENTWOOD, CA
LONE TREE WAY
Date 06/30/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650
LONE TREE DUET CONCEPTUAL ELEVATIONS A28
LONE TREE DUETS CONCEPTUAL SITE PLAN & PLANS
PLAN A - SIDE ELEVATION
PLAN B - SIDE ELEVATION
PLAN B - REAR ELEVATION
PLAN A - REAR ELEVATION
A29
LONE TREE DUETS CONCEPTUAL SITE PLAN & PLANS A30
LONE TREE WAY COLORS & MATERIALS Page 155 of 314
LONE TREE WAY COLORS & MATERIALS Page 156 of 314
LONE TREE WAY COLORS & MATERIALS Page 157 of 314
LONE TREE WAY COLORS & MATERIALS Page 158 of 314
LONE TREE WAY LIGHT FIXTURES Page 159 of 314
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
SUBJECT: Application for Vesting Tentative Subdivision Map and Design Review approval for the Lone Tree Way residential project.
DEPARTMENT: Community Development Department
STAFF: Erik Nolthenius, Planning Manager
Miguel Contreras, Associate Planner
TITLE/RECOMMENDATION
Staff recommends that the Planning Commission consider Resolution No. 23-038 recommending that the City Council adopt a Mitigated Negative Declaration for the project (SCH#2023100339); consider Resolution No. 23-039 recommending that the City Council approve the Vesting Tentative Subdivision Map application (VTSM 9597); and consider Resolution No. 23-040 recommending that the City Council approve the Design Review application (DR 22-005), subject to certain findings and conditions.
The project includes a Vesting Tentative Subdivision Map (VTSM 9597) to create 36 single-family residential lots, including a duet with a 5-bedroom shared housing building, a public park, a new private internal roadway system, and other related onsite and off-site improvements. The project qualifies for a density bonus pursuant to State Density Bonus Law (SDBL), but is not seeking to develop above the density allowed by the General Plan. Rather, the applicant seeks waivers or reductions from certain City standards, as allowed by the SDBL. The project also includes a design review application (DR 22-005) for the homes to be constructed on the 36 lots. The project is located at 7590/7650 Lone Tree Way (APN 018-060-006/007) The City prepared a Mitigated Negative Declaration for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval are included as conditions of approval where appropriate.
OWNER/APPLICANT
Seecon Financial & Construction Co., Inc.
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
GENERAL PLAN
Residential-Very Low Density (R-VLD)
ZONING/SURROUNDING LAND USES
Single Family Residential (R-1-12)
Surrounding Land Uses
North: Single family residential (rural)
East: Single family residential (rural)
South: Religious institution, single family residential (across Lone Tree Way) West: Single family residential (rural)
2023 Aerial Photograph of Project Site
PREVIOUS ACTION(S)
Attachment 1
BACKGROUND
The applicant has proposed a residential subdivision that includes single-family homes, two affordable duet units, and (in one of those duets) a new housing product
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
type: a shared housing unit. As will be explained below, the applicant’s proposal assumes that the City would be willing to accept its offer of dedication of this shared housing unit. This report analyzes that proposed project, as well as offers potential variations on the project that include housing types more commonly found in Brentwood (e.g., an additional duet or a triplex) in lieu of the City’s acceptance of the offer of dedication of the shared housing unit.
The 16.32-acre project site includes two parcels and is located at 7590/7650 Lone Tree Way, north of Lone Tree Way (APNs 018-060-006/007) and just east of O’Hara Avenue. The site is currently open grassland and was previously improved with three residential buildings, two of which were located on the southwestern portion of the site and a third on the southeastern portion of the site. All three of these residential buildings, and corresponding accessory buildings, were demolished in July, 2022.
There are scattered trees which are primarily clustered on the southwestern and southeastern portions of the site, as well as the perimeter of the site. The General Plan designates the site as Residential-Very Low Density (R-VLD) and the site is zoned Single Family Residential (R-1-12), with a 12,000 square foot minimum lot size. The R-VLD designation provides for fairly large lots for single-family residences in an identifiable, suburban residential neighborhood.
APPLICABLE STATE HOUSING LAW
The applicant submitted a preliminary application for this project under Senate Bill (SB) 330; that preliminary application was deemed submitted to the City consistent with the requirements of Government Code §65941.1 in April 2022. This law made numerous changes to the Permit Streamlining Act and the Housing Accountability Act. SB 330 requires that, if the application complies with the applicable objective general plan, zoning, and subdivision standards and criteria, including design review standards, that are in place at the time that the preliminary application was deemed submitted (i.e. April 12, 2022), the City cannot deny or condition the project in a manner that would lessen the intensity of housing, such as decreasing the density or number of units (Government Code section 65589.5(j)).
Additionally, the City cannot require compliance with the City’s General Plan “midrange” policy. The “mid-range” policy requires that applicants meet subjective criteria to develop above the mid-point of the applicable General Plan density range, and is, therefore, contrary to the requirement that cities cannot limit density through subjective criteria. The City Council has previously directed that this policy be removed from the General Plan.
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
PROJECT DESCRIPTION
The applicant, Seecon Financial & Construction Co., Inc., is requesting approval of an Initial Study/Mitigated Negative Declaration (IS/MND), a Vesting Tentative Subdivision Map (VTSM 9597), and Design Review (DR 22-005) for a new 36-lot development including 34 detached units, two affordable duet units (with one of the units being intended for single-family occupancy and the other intended to contain shared housing for 5 different households within the same shared housing building), a 0.58-acre park, an internal private roadway system, on-site stormwater retention facilities, and related on-site and off-site improvements.
Procedurally, per Section 2.44.070(D) of the BMC, when an application is combined with another application requiring legislative action (such as a zoning amendment, general plan amendment, exception under general plan density transition action LU 2a, or development agreement), the Planning Commission’s action is advisory to the City Council, which becomes the decision maker. Since the applicant is seeking a waiver from the density transition policy, as further detailed below, the City Council would be the approving body for this application and the Planning Commission’s action will be advisory to the City Council.
Proposed Subdivision
The proposed project would include the subdivision of the 16.32-acre property to develop 34 detached single-family residences on lots ranging from 12,000 square feet to 23,941 square feet, and two duet units on lots of 5,979 square feet and 6,055 square feet, respectively.
Floor Plans and Architecture
The project includes three varying floor plans for the detached single-family homes that would be distributed across 34 lots and a single floor plan for the duet units that would be situated on two lots. The project design includes four distinct architectural styles.
Table 1: Floor Plans
Plan Number Units Size # of Lots % of Total
Plan 1
One story, 2,924-sf residence with
four bedrooms, covered patio, porch,
three car garage
14 38.8%
Plan 2
Two story, 3,490-sf residence with
four bedrooms, covered patio, porch,
three car tandem garage, with a
10 27.7%
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
Plan Number Units Size # of Lots % of Total
loft/five bedroom option, and a JADU
option.
Plan 3
Two story, 3,834-sf residence with
five bedrooms, covered patio, porch,
three car garage, with a loft/ six
bedroom option, and a JADU option.
10 27.7%
Duet Plan “A”
Lot #11
Two story, 1,950-sf residence with
four bedrooms, porch and two car
garage.
1 2.7%
Duet Plan “B”
Lot #36
Two story, 2,165-sf shared housing
building with 5 shared-housing units,
porch and two car garage.
1 2.7%
Proposed Shared Housing Building/Units
The applicant proposes 34 single family homes and two duets. As of January 2023, the SDBL allows for applicants to provide “[f]ive percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code” (Section 65915(b)(1)(B)). For this particular project, the applicant is seeking to utilize half of the proposed duet as a shared housing building, which is “…a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents” (Government Code Section 65915(o)(7)(A)(i)).
Within this shared housing building, the applicant is proposing five shared housing units, which are defined as “…one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code.” (Government Code Section 65915(o)(7)(B)).
Shared housing buildings are a new concept and have not been previously proposed or constructed in Brentwood.
ANALYSIS
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
GENERAL PLAN CONSISTENCY
Residential Very Low Density
The subject property has a General Plan land use designation of R-VLD. The R-VLD designation is designed predominantly for fairly large lots for single family residences.
The permitted density range is 1.1 to 3.0 units per gross acre (du/ac), and the proposed project would result in a density of 2.45 du/ac (40 units/16.32 acres =
2.45), consistent with the General Plan. As noted above, the City cannot impose the “mid-range” policy currently identified in the General Plan.
Consistent with the General Plan, this development would help to provide a broad spectrum of housing types and community facilities with development occurring in a logical and orderly manner and contiguous with existing developments (Goal LU1, Policy LU 1-4, and Policy LU 1-5). The proposed project is located in a convenient location for future residents to access bus transit, with two bus stops within 0.5 mile of the site (Policy LU 2-6).
In addition, as demonstrated in the IS/MND prepared for the project, the City’s community services and facilities can accommodate the increased demand resulting from the development, as the proposed project will offset impacts to community services through the payment of impact fees (Policies CSF 1-2 and CSF 1-3).
The project is not anticipated to have a significant adverse effect on the surrounding properties from a noise perspective; however, the proposed project would result in a temporary increase of noise during construction activities. If approved, the project would be conditioned to comply with the Noise Element so that construction activities would be regulated to the allowable hours, construction vehicles would be required to use operating mufflers, and loud stationary noise sources would be positioned away from sensitive receptors (Noise, Action N-1). Continued compliance with the Noise Element under operational conditions would also be required. Seismically sound construction designs and practices would further comply with the Safety Element (Goal SA-1).
Goals and Policies
In addition to applicable State laws, the City’s 2014 General Plan and Housing Element have goals and policies to ensure that adequate provisions are made for meeting the housing needs for all economic segments of Brentwood. The proposed project meets the intent of the goals and polices established by the General Plan and Housing Element as follows:
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
Action LU 2a: Density Transition
Action LU 2a requires that new developments utilize density transitions in order to protect the integrity of existing land use patterns and minimize the impacts on existing uses and residents. Therefore, it is City policy that proposed lots facing or abutting existing residential lots of one acre or more generally have a minimum lot size of 20,000 square feet.
The subject site is surrounded on three sides (north, east, and west) by six lots that are larger than one acre (and one that is 0.5 acre), and is therefore subject to the density transition policy. The applicant has identified the City’s density transition requirement as a standard from which they are seeking relief through a density bonus waiver (see additional explanation below). The applicant’s initial application, without the request for waivers, proposes to meet this requirement by using two of the lots (#20 and #33) to buffer the development from the adjacent large lots. These lots would have “wings,” as shown in Attachment #6. These wings are best described as six-foot wide projections that would buffer the new, smaller lots from the existing large lots surrounding the proposed development.
As mentioned above, the project was submitted under Senate Bill (SB) 330; and therefore the applicant is only required to comply with the applicable objective General Plan criteria, including the transition policy. As also mentioned above, the City cannot deny or condition the project in a manner that would lessen the intensity of housing, such as decreasing the density or number of units. Given that the City has no objective standard for lot shape or configuration, the project with the wing lots, would be in compliance with the density transition policy, in that they are both a minimum of 20,000 square feet in size.
Goal LU 1. Establish a land use pattern in Brentwood that provides for a diverse, self-sufficient community that offers a broad spectrum of job opportunities, housing types, community facilities, and commercial services.
The project includes a land use pattern that would provide for a diverse and selfsufficient community that would offer a total of 34 detached single-family residences, with 33 market rate units and one moderate income unit. In addition, the project would provide two duet units, of which one would be low income and the other would be a shared housing building that contains five very-low income units.
Goal H-1. Provide a diversity of housing opportunities to enhance the City's living environment and to satisfy the shelter needs of all Brentwood residents.
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
The project would provide a diversity of housing opportunities by including 33 singlefamily market rate homes, a moderate income home, and two duet units, one half of which would provide one low income unit, and the other half of which would contain five very low income shared housing units. The market rate homes would range in size from 2,924 sf to 3,834 sf. The duet units would be 1,950 square sf and 2,165 sf, respectively, with each of the five shared units being approximately 100 square feet and having their own bathrooms.
Goal H-2. Encourage housing that is affordable to all socio-economic segments of Brentwood’s population.
The project includes four affordable units for very-low, low-, and moderate-income families for the Brentwood population, consistent with the City’s Affordable Housing Ordinance.
ZONING CONSISTENCY – SINGLE FAMILY RESIDENTIAL (R-1-12) The project site is zoned R-1-12. As shown in the table below, the project satisfies the required height and parking standards for this zoning district.
In terms of lot size, the R-1-12 zone allows for single-family detached residential uses on lots with a minimum size of 12,000 sf. The two duet lots would be 6,055 sf and 5,979 sf, respectively. Though the duet lots are smaller than what the R-1-12 zone allows, Section 17.7253.003(F)(1) of the BMC provides that:
residential developments, with very low density zoning designations, the affordable unit may be smaller in size than other models in the residential development. The minimum permissible affordable unit size is one thousand six hundred square feet on a three thousand square foot parcel. As a means to provide massing and lot proportions consistent with the residential development, a duet unit will satisfy the city’s affordable housing requirement.
For example, a duet unit can be located on a corner with each duet unit being one thousand six hundred square feet on two separate three thousand square foot parcels.
As allowed under the SDBL, the applicant is requesting a waiver or reduction of certain R-1-12 development standards, which are discussed below.
Table 2: R-1-12 Development Standard Compliance
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
R-1-12
Development
Standards
Proposed Complies?
Minimum Lot
Area
Market rate lots:
12,000 sf
Detached lots:
12,000 sf
minimum
Yes
Affordable duet lots:
3,000 sf
Duet lot #11:
6,055 sf
Duet lot #36:
5,979 sf
Yes
Minimum Lot
Width
90 feet
+
90 feet measured 30
feet from front
property lines for
lots on the “bulb” of
curvilinear street.
90 feet minimum
and 45 feet on
curvilinear lots
Duet lots: 35 feet
Detached lots comply
Waiver requested for
duet lots
Maximum Lot
Depth 150 feet
210 feet on lots
#20, 24 and 33.
All other lots
meet this
requirement.
No, waiver requested
Minimum
Front Yard
Setback
20 feet 15 feet No, waiver requested
Minimum
Side Yard
Setback
12 feet, sum of both
sides 30 feet
All detached lots:
12 feet, sum of
both sided 30 feet
Duet lots: 0 feet
Detached lots comply
Waiver requested for
duet lots
Minimum
Rear Yard
Setbacks
20 feet
All detached lots:
20 feet minimum
Duet lots: 5 foot
setback
Detached lots comply
Waiver requested for
duet lots
Minimum OffStreet
Parking
Spaces
2 2 Yes
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
R-1-12
Development
Standards
Proposed Complies?
Maximum
Building
Height
30 feet 28 feet, seven
inches Yes
Density 1.1-3.0 dwelling
units per acre
2.45 dwelling
units per acre Yes
State Density Bonus Law
Under the SDBL, an applicant may obtain additional density, as well as a relaxation or elimination of applicable development standards (i.e., concessions and waivers) in exchange for providing certain levels of affordable housing. The proposed project would provide five units affordable for very-low income households, which meets the SDBL threshold for a base density bonus (Government Code § 65915(f)(2)(B)(1)(b)).
However, the project’s proposed density is within the allowed range under the City’s General Plan and, as a result, the applicant is not requesting to utilize any of the allowed bonus units (i.e., the project is not requesting additional density). The project is, however, requesting to utilize the waivers allowed under the SDBL with respect to some of the zoning criteria.
Under the SDBL (Government Code § 65915 (f)(2)(B)(1)(b)), the project is required to provide at least five percent (5%) of the units for very-low income households in order to qualify for waivers listed above. SDBL allows projects to “double dip,” or to allow units required by the City’s Affordable Housing Ordinance to also qualify as affordable units for purposes of the SDBL.
As further analyzed below, this project satisfies the requirements of both SDBL and the City’s Affordable Housing Ordinance (if the City accepts certain offers of dedication). For purposes of SDBL compliance (which the project requires in order to obtain waivers of certain development standards), the project is providing the affordable units required to comply with the Affordable Housing Ordinance (1 moderate single-family, 1 low-income single family, and 1 duet unit with half of the duet for very low-income), as well as affordable units in excess of the Affordable Housing Ordinance requirements (5 shared housing units in the other half of the duet). Based on the proposal, staff has provided more detailed calculations below illustrating how the project qualifies under the provisions of both the SDBL and the City ordinance.
Table 3: State Density Bonus Law
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
City Affordable Housing Ordinance Requirements
The project application was deemed complete in April 2022, and therefore is subject to the City’s Affordable Housing Ordinance that was in effect at that time. That ordinance provides that:
Required percentage. Projects of this size must provide ten percent (10%) of total units as affordable units. For ownership units, this breaks down to 3% of the units being affordable to very-low income households, 4% being affordable to low income households, and 3% being affordable to moderate income households.
Calculation methodology. In calculating a project’s affordable housing requirement, any decimal fraction less than 0.50 dwelling unit is disregarded and any decimal fraction equal to or greater than 0.50 dwelling unit must be construed as one dwelling unit (for projects of ten or more units). Dedication of units. An applicant may propose an “alternative equivalent” to constructing 10% of the units as affordable. One of the potential “alternative equivalents” listed in the ordinance is the dedication of affordable units to the City’s rental housing program. In the event the City accepts this offer of dedication, “each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required…” (BMC Section
17.725.004.D.) Here, the applicant proposes to dedicate one duet unit (Lot 36) and have it count as two of the project’s obligations met per this provision.
The unit the applicant seeks to dedicate to the City is the duet on Lot 36 that would contain the five shared housing units. Staff notes that the City has not previously accepted any offers of dedication of affordable units.
Table 4: Local Affordable Housing Ordinance Requirements Affordability
Level
Minimum number of
units required
Proposed Does the project
meet minimum
qualifications for
SDBL eligibility?
Very-low 5% (2 units) 5/40 =
12.5 % (5
shared
housing
units in
half of
duet)
Yes
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
If the City Council does not accept the offer of dedication of the duet unit on Lot 36, the applicant would not meet the City’s Affordable Housing Ordinance requirements, as it would be short one unit. In that event, the project could potentially be modified to meet these requirements in another fashion, while still allowing the applicant to utilize the SDBL. For example:
Option 1: In addition to constructing duets on Lots 11 and 36, the applicant could construct another set of duets, with both units restricted to affordable households. To comply with BMC Section 17.725.003.F, which requires affordable units to be dispersed throughout residential developments in order to avoid their concentration, these new duets would need to be located in another part of the proposed subdivision.
Option 2: Rather than constructing duets on Lots 11 and 36, the applicant could instead construct a triplex, and restrict all three units as affordable housing at ratios sufficient to meet City requirements. The City’s Affordable Housing Ordinance contemplates the allowance of triplexes on corner lots. (BMC Section 17.725.004.D.)
Affordability
Level
Required
(ownership)
Proposed Does the project meet
requirement?
Very-low 3% (1.2 units
rounded to 1 unit)
1/40 = 2.5%
(duet on Lot
36)
Yes
Low 4% (1.6 units
rounded to 2 units)
2/40 = 5 %
(duet unit on
Lot 11 +
credit for
dedication of
the duet unit
on Lot 36)
Yes, if the City agrees to
accept the offer of dedication
of the duet unit on Lot 36. If
the offer is rejected, the
proposed project does not
comply.
Moderate 3% (1.2 units
rounded to 1 units)
1/40 = 2.5%
(singlefamily home
on Lot 7)
Yes
Total 10%
(4 units)
4/40 =
10%
Yes, if the offer of
dedication is accepted
PLANNING COMMISSION AGENDA ITEM NO. E.1
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Neither of these options would need to include the shared housing development the applicant currently proposes. The Planning Commission may wish to discuss these options with the applicant.
The draft resolutions accompanying this item have been framed in terms of the proposed project (which would require the City to accept dedication of the duet on Lot 36). If the Planning Commission desires to make an alternative recommendation, the resolutions will be modified to reflect the Commission’s direction.
State Density Bonus Law Waivers Requested
Waivers
Under the SDBL, a project that is entitled to a density bonus may request waivers of development standards such as lot sizes, lot dimensions, or setbacks if application of any such standard would physically preclude the construction of the project as designed at its permitted density with any concessions allowed under the law. As with incentives and concessions, the City is not required to waive or reduce development standards that would (1) have a specific, adverse impact on public health /safety or on a property listed on the California Register of Historical Resources for which there is no feasible method to satisfactorily mitigate the impact without rendering the project unaffordable, or (2) be contrary to state or federal law. Furthermore, a waiver does not count as an incentive/concession, and there is no limit on the number of waivers that may be requested or granted.
Under the SDBL, a requested waiver may be denied if:
(1) there are specific, adverse impacts on public health or safety for which there is no feasible method of mitigation or avoidance that would be associated with granting this requested waiver;
(2) there are specific, adverse impacts on public health or safety on any real property listed in the California Register of Historical Resources; or (3) the requested waivers is contrary to state or federal law.
The following table provides a summary of the five waivers requested by the applicant. Staff notes that if the Planning Commission decided to recommend one of the options listed above in lieu of the proposed project, these waivers may need to be adjusted to reflect that.
Table 5: Waivers Requested
PLANNING COMMISSION AGENDA ITEM NO. E.1
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Standard Waiver Requested Analysis
1 Transition Lots:
Lots facing or
abutting existing
residential lots of
one acre or more
have a minimum
size of 20,000
square feet
Elimination of the
transition lot
requirement for lots
along the perimeter of
the project.
Providing 20,000 sf
transition lots would
physically preclude
construction of 6 of the
proposed units. This would
reduce the overall density of
the project as proposed.
Staff recommends granting
this waiver.
2 Lot Width:
Minimum lot width
is 90 feet
Narrowest width of a
duet lot is 40 feet and
would be out of
compliance with the 90
foot lot width
requirement.
Adherence to this standard
would prevent the duet lots
from being constructed in
the proposed layout. Staff
thus recommends granting
this waiver.
3 Lot depth:
Maximum 150
feet.
Waiver of the maximum
lot depth to
accommodate lots #33,
lot #20 and lot #24
The project could not be
constructed at the proposed
density in the proposed layout if
the maximum lot depth
requirements are applied to
these lots. Staff thus
recommends granting this
waiver.
4 Front Setbacks:
Minimum 20 feet
Waiver for the minimum
setback to be 10 feet to
accommodate duet units
and for encroachments
of front porches on 24
detached lots.
Duet lot #11 is proposed
with a 15 foot setback, and
the project could not be
constructed at the proposed
density if the 20-foot
standard is applied to this
lot. Staff thus recommends
granting the requested
waiver as to this lot.
Additionally, there are 24
detached homes that are
proposed with front porches
with a 15 foot setback. The
project can be constructed at
the proposed density even if
it complies with this standard
for the 24 detached homes
without reducing the
requested density or unit
count. Staff therefore
recommends that the
PLANNING COMMISSION AGENDA ITEM NO. E.1
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Standard Waiver Requested Analysis
requested waiver only be
granted as to the duet lots.
A draft condition of approval
is included in Resolution 23-
040 requiring all non-duet
lots to meet the 20’ front
setback standard.
5 Side yards and
rear yards.
Side yard: 12 feet
with an average of
30 Rear Yard:20 feet
Waiver for the duet lots
to be at 0’ side yard and
0’ rear yard.
The project could not be
constructed at the proposed
density if these standards
are required, as construction
of the duet units would be
impossible. Staff thus
recommends granting this
waiver.
VESTING TENTATIVE SUBDIVISION MAP
PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
The subject site is rectangular in shape and includes two parcels totaling 16.32 acres.
The proposed vesting tentative subdivision map includes 36 residential lots, 34 of which are proposed to be a minimum of 12,000 sf, two duet lots (#11 that would be 6,055 sf and #36 that would be 5,979 sf), a 0.58-acre public park, and three lots would be dedicated to the City for frontage improvements (Parcels A, B, and C). The bioretention proposed for the project would be provided as pervious surface on the private internal road and on the side-yards of each residential lot. This method of bioretnetion is unique but is permitted through the County’s C.3 guidelines, which were adopted by the City. The project would be conditioned to establish a Home Owners Association (HOA) in order to maintain the private roadways and bioretention areas.
In accordance with laws allowing cities to require the dedication of parkland in conjunction with new residential subdivisions, General Plan Policy CSF 2-2 directs the City to “[a]chieve and maintain a minimum overall citywide ratio of 5 acres of park land per 1,000 residents.” The Parks and Recreation Department uses 3.2 as the average number of persons per dwelling unit for this calculation, consistent with the General Plan.
Average Number of Persons/unit (3.2) X .0050 = .0160 acre per unit
PLANNING COMMISSION AGENDA ITEM NO. E.1
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40 units x .0160 acre = .64 acre
Based on this, the project would be required to provide a total of 0.64 acre in land to be dedicated or to pay a fee in-lieu of dedication. The application currently proposes a single parcel totaling 0.58-acre that would be dedicated to the City for park purposes and; therefore, this application would be conditioned to increase the park area by 0.06-acre.
As part of the application review, the Engineering Department and the Contra Costa County Fire Protection District reviewed the proposed vesting tentative subdivision map to verify that safe and acceptable street widths have been included in the subdivision. Full right-of-way improvements would be constructed within the street, including utilities, curb, gutter, and a separated sidewalk with a landscape strip. The project involves the construction of the necessary infrastructure to serve the proposed neighborhood and would include plans to connect to existing City infrastructure to provide water and sewer to the site. Storm water quality for the site would be established as pervious surfaces on the internal private street pursuant to Contra Costa County and State Water Control Resource Board regulations. A draft condition of approval would also require improvements to Lone Tree Way along the project frontage.
Access and Circulation
Site access would be provided by two points along Lone Tree Way. The project’s western entrance will align with Smith Road for a 4-way intersection that is proposed through the City’s Lone Tree Widening (LTW) Capital Improvement Project. LTW includes a traffic signal at this location and therefore the western entrance of the project site would be a signalized intersection. The east project entrance will be right in right out, due to the proposed center median as part of the LTW project. The project’s frontage along the northern portion of Lone Tree Way would be widened as part of the proposed project. This would include widening of roadway, bike lane, street lighting, sidewalk, landscaping, irrigation, median islands and traffic signal, subject to reimbursement and the City’s Development Fee Program and the Project’s fair-share dues . Each residence would include a two-car garage with a 20-foot driveway and street parking would be provided throughout the site. The internal private streets are approximately 36 feet in width and are designed to loop around and connect with Lone Tree Way. Improvements would be constructed within the internal street, including utilities, curb, gutter, and a sidewalk. The subdivision would be oriented in a grid-like pattern similar to most single-family subdivisions, thus creating a fabric of viable and interrelated neighborhoods (Policy LU1-5, LU1-4, Policy CIR 1-2).
PLANNING COMMISSION AGENDA ITEM NO. E.1
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An analysis of the expected vehicle miles traveled (VMT) by the proposed residential development was prepared by Abrams Associates Traffic Engineering, Inc. The proposed development is expected to generate 449 daily vehicle trips, including 38 AM peak hour trips and 39 PM peak hour trips. Based on the existing residential VMT generated by other similar homes surrounding the project location, the project is expected to generate VMT per resident that is at least 15 percent below the Brentwood citywide average. The project would thus result in a less-than-significant impact related to VMT, based on the adopted Contra Costa Transportation Authority thresholds. A detailed discussion of transportation-related impacts associated with the proposed project can be found in the IS/MND.
Master Plotting Plan
The master plotting plan depicts which home plans would be constructed on a particular lot. Consistent with the Residential Design Guidelines, the proposed combination of models and elevation styles serve to diversify the plotting as much as possible.
Architecture
The proposed homes are aesthetically cohesive and consistent with design approaches used in the existing neighborhoods and as identified in the City’s 2001
PLANNING COMMISSION AGENDA ITEM NO. E.1
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Residential Design Guidelines that the project was vested under. Three home plans are provided for the 35 single family homes and one for the duet. A summary of the proposed home plans are as follows:
Table 6: Architecture
Plan # Home
Size (SF)
Bed/Bath Garage
Spaces
Stories Maximum
Height*
Plan #1 2,924 4/3 3 1 23’ 4”
Plan #2 3,490 4 with a loft/5th
bedroom option/ 3.5
bath
3 2 28” 10’
Plan #3 8,834 5 with a loft/6th
bedroom option / 4.5
bath
3 2 28’ 10”
Duet Lot
#11
1,950 4/3.5 2 2 27’
Duet Lot
#36
2,165 5/5.5 2 2 27’
*Note: maximum main building height in the R-1-12 zone is 30’ Four distinctive elevation styles are provided for each house plan, which include Spanish, Farmhouse, Craftsman, and French Country. The duet units would be the Farmhouse style. The four elevation styles offered are as follows:
PLANNING COMMISSION AGENDA ITEM NO. E.1
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Plan 1
Plan 2
PLANNING COMMISSION AGENDA ITEM NO. E.1
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Plan 3
Duet Plan
Spanish - The Spanish style incorporates villa tile roofing, hip and gable end roofs, a stucco body, stucco trim, mock tile vents, mock shutters and a roll-up garage doors with window tiles. The Spanish style incorporates entrances onto porches that are typically designated by a single arch feature. All windows are accented with dimensional stucco trim and decorative wooden shutters at the front elevation.
Farmhouse - The Farmhouse styles incorporates flat tile roofing, hip and gable end roofs, stucco body, board and batten, stucco trim, foam corbel and roll-up garage doors with window tiles. The two-story elevations would include the above in addition to simulated brick veneer and wood kicker. The duet unit would incorporate all of these architectural features.
Craftsman - The Craftsman style incorporates flat tile roofing, cable end roofs, stucco body, lap siding, shingle sidings, foam corbels, simulated stone veneer, and roll-up garage doors with window tiles.
PLANNING COMMISSION AGENDA ITEM NO. E.1
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French Country - The French Country incorporates flat tile roofing, gable end roofs, stucco body, board and batten, mock vents, mock shutters, wood column, wood corbels, simulated stone veneer, roll-up garage doors with window tiles.
Residential Design Guidelines
The current Residential Design Guidelines were adopted by the City in 2006 in an effort to articulate the importance of high-quality design that complements and enhances the existing fabric of the community. The guidelines as currently written specifically state that “These may not apply in all individual cases to all housing types, but provide guidance for those elements that most frequently occur regardless of housing type or density.” While the guidelines have helped to articulate the community’s vision in the past, since they were adopted to provide “guidance” and not as development standards they are currently difficult to enforce due to new State laws. The following discussion highlights some of the key Residential Design Guidelines (Chapter 2, Subdivisions) that are objective and apply to the project:
Section 2.6.1 Provide variety in unit plans
One distinct plan with four distinctive elevations shall be provided for every 25 units.
Thirty-six lots require two floor plans each with four elevations. The applicant is providing three floor plans with four elevations each and 24 color schemes (six options per elevation). The streetscape would be varied by the incorporation of four elevations for each of the three home plans, therefore the project would provide a variety in unit plans and elevations consistent with the Design Review Guidelines. Twenty-five percent of all units within a subdivision must be single story.
The application proposes 14 single-story units that would be scattered throughout the development, or 38.8% of all units within the development. Ten percent of all units within a subdivision must have side-loaded garage configuration.
The application proposes 10 units with side-loaded garages that would be scattered throughout the development, or 25.6% of all units within the development.
PLANNING COMMISSION AGENDA ITEM NO. E.1
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Section 2.6.2 Maintain architectural style integrity. Architectural styles shall be clearly articulated and consistent in their proportions and details with the traditional models on which they are based.
Based on the Master Plotting Plan, two identical floor plans are not repeated side-byside facing the same street. The façade massing is broken up with varying elevation styles, rooflines, color schemes, and finished materials. Architectural integrity is maintained in that the architectural style of each elevation type remains consistent with the traditional examples on which the style is based, and the elements evident on the front façades. Articulated front façades and the use of rooflines to differentiate the first and second stories help to reduce building massing. Front elevations use porches and finish materials to emphasize points of entry.
Section 3.2.1 Form and Massing. Side walls on corner lots require special design treatment. The stepping back of wall plans at the corner is suggested. Corner lot side walls should receive the same level of design treatment as front facades.
The design elements on the front elevations of the proposed homes do not continue to the side and rear elevations. A majority of the side and rear elevations contain windows with trim as the only design element. As such, a draft condition of approval is included to require the continuation of design elements, such as lap siding and shutters, to the side and rear elevations of corner lots, where such elevations would be visible from the public right-of-way.
Lighting
All street lighting would be required to comply with the standards set forth in Section
17.521.005 (Other Regulations) of the Brentwood Municipal Code, which includes such requirements as cut-off lenses to direct light downward. Prior to installation of any building-mounted lighting fixtures, the applicant would be required to submit project plans including lighting fixtures to be reviewed.
Lighting details and cut sheets for the residential lighting fixtures will be reviewed in conjunction with final design-level submittals for site improvements and building permits for compliance with the City’s applicable regulations. As conditioned, all external light fixtures must be of either a cut-off or full-cut off design, per City regulations.
Landscaping
All existing on-site trees would be removed as part of the proposed project; however, trees would be planted throughout the site along the internal roadway network. In
PLANNING COMMISSION AGENDA ITEM NO. E.1
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addition, a variety of shrubs, groundcover, and grasses would be planted throughout the project site.
The preliminary landscape plan submitted with the application provides typical front yard landscaping. Shade and ornamental trees proposed on the site are 15-gallon size, however the Residential design guidelines requires a minimum of 24-inch boxes, therefore a draft condition of approval included in the draft Design Review resolution requiring the applicant to replace the 15-gallon trees with 24-inch box trees when they submit their landscape plans. A standard condition of approval requires the submittal of detailed landscape and irrigation plans for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance.
Fencing and Walls
A CMU masonry wall with split-face finish and precast stone cap would be constructed on the southern boundary of the site adjacent to Lone Tree Way. The wall would be eight feet high and the wall plain would be broken up with stone veneer pilasters at ten-foot intervals. These pilasters would project twelve inches from the wall face.
Each property would be provided a six-foot high wood good neighbor fence along side and rear property lines for privacy.
DATE OF NOTICE
As required, the City published a public hearing notice in the Brentwood Press and mailed it to property owners within 300 feet of the site on November 24, 2023, and the project site is posted with the required signage.
On May 24, 2023, the applicant held a neighborhood outreach meeting as a courtesy to the neighbors. The applicant indicated that invitations were sent to the neighbors using a 300 foot radius that was provided to them through their title company. Six residents attended that meeting. The applicant has also indicated that they held a second neighborhood meeting on November 29, 2023. Staff has not received any written comments from the public as of November 30th.
ENVIRONMENTAL DETERMINATION
The City prepared a mitigated negative declaration (SCH# 2023100339) for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 15000, et seq.). Several potentially significant impacts were identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. The public review period for the proposed IS/MND began October 13, 2023 and ended November 2, 2023. Staff
PLANNING COMMISSION AGENDA ITEM NO. E.1
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did not receive any comment letters during this public review period. The IS/MND may be reviewed by clicking on the link below and scrolling to “Lone Tree Residential Project:”
https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments
ATTACHMENT(S)
1. Previous Actions
2. Draft Resolution No. 23-038, MND
3. Draft Resolution No 23-039, VTSM
4. Draft Resolution No. 23-040, DR
5. Project Plans
6. Wing Lots Graphic
7. Alternate Preliminary Lotting Plan Exhibit.
BRENTWOOD, CA DECEMBER 11, 2023
LONE TREE WAY
1 SINGLE
STORY
2 TWO
STORY
3 TWO
STORY
14 38%
COUNT
PERCENT
PLAN#
GRAND TOTAL HOMES: 37
TOTAL PERCENT: 100.0%
10 27%
9 24%
DISTRIBUTION TABLE
CITY OF BRENTWOOD
R1-12 ZONING
GENERAL STANDARDS
BUILDING SETBACKS:
FRONT 20 FEET
REAR 20 FEET
SIDE YARD 12 FEET
MIN AGGREGATE 30 FEET
CORNER SIDE 10 FEET
LOT DEPTH 150' MAX
LOT WIDTH 90 FEET
LOT SIZE 12,000 SF MIN
CATCHINGS CATCHINGS CATCHINGS
2,924 SF 3,490 SF 3,834 SF 7590 & 7650 LONE TREE WAY
4 DUETS
2,000
4 11%
*SETBACKS, N/A FOR DUETS
AFFORDABLE HOUSING (PRELIMINARY)
J = JADU (RENT), 4 LOW-INCOME
D = DUET (RENT/SALE) SF
1 MODERATE, 1 LOW
2 VERY-LOW
From: Contreras, Miguel
To: "Leeanne Alfaro"
Subject: RE: 7590 & 7650 Lone Tree Way
Date: Wednesday, December 6, 2023 2:47:00 PM
Leeanne,
Thank you for your response, I will retain your comments below and have them be part of the submitted comments for Council I'm also glad to hear that you plan on attending the CC meeting on this item. Right now, tentatively, it is looking like it will be reviewed by council during their Jan 23, 2024, meeting. But you are welcome to check back with me during the 1st week of Jan to confirm. Also, you should receive a letter in the mail 10 days prior to the hearing.
MC
-----Original Message-----
From: Leeanne Alfaro <[email protected]>
Sent: Wednesday, December 6, 2023 2:27 PM
To: Contreras, Miguel <[email protected]>
Subject: Re: 7590 & 7650 Lone Tree Way
CAUTION – EXTERNAL SENDER
Miguel,
Thanks for your timely response.
My biggest comments/concerns are:
1. The two story houses bordering our property (there are two of them).
2. And including a masonry wall along the perimeter of the project for privacy. We would like to see a 10 foot masonry wall installed along the entirety of the project (or at least along our property line).
I think that most of the neighbors would agree that the project is welcome, but feels like we are loosing a lot of privacy without a wall being in place and with over 60% of the homes being two stories.
Please let me know if there is anything else that I need to do to make my voice heard. I plan to attend the city council meeting as well. Is there a scheduled date for that yet? Thank you,
Leeanne Alfaro
(925)783-0976
> On Dec 6, 2023, at 1:09 PM, Contreras, Miguel <[email protected]> wrote:
>
> Leeanne,
>
> Thank you for reaching out and thank you for your participation last night at the meeting. To answer your question, yes this project will be going to City Council for final approval. You are welcome to submit comments/concerns to me before the meeting, you are also welcome to participate during the meeting (in person or zoom). Let me know if you have further questions.
>
> Miguel
>
> -----Original Message-----
> From: Leeanne Alfaro <[email protected]>
> Sent: Tuesday, December 5, 2023 10:52 PM
> To: Contreras, Miguel <[email protected]>
> Subject: 7590 & 7650 Lone Tree Way
>
> CAUTION – EXTERNAL SENDER
>
>
> Hi Miguel,
>
>
> My name is Leeanne Alfaro. My husband and I own the property to the East of this project. >
> I attended the meeting tonight, and I am disappointed with the comission's decision not to do a masonry wall along the entirety of the perimeter of this project. I think other neighbors will feel the same. >
> Will city council also be reviewing this project?
>
>
> Thank you!
>
> Leeanne Alfaro
>
Quality Code Data 4/22/2021, Page 1311
Chapter 17.725
AFFORDABLE HOUSING
Sections:
17.725.001 Title and purpose of provisions.
17.725.002 Definitions.
17.725.003 General requirements.
17.725.004 Alternative equivalent proposal.
17.725.005 Implementation procedures.
17.725.006 Affordable unit concessions and construction incentives.
17.725.007 Affordable housing in lieu fee fund.
17.725.008 Brentwood rental housing trust fund.
17.725.009 First time homebuyer fund.
17.725.010 Enforcement.
17.725.011 Waiver.
17.725.001 Title and purpose of provisions.
A. Title. The provisions of this chapter shall be known as the “affordable housing program” of this title.
B. Purpose. The purpose of this affordable housing program is to:
1. Enhance the public welfare and assure that further housing development contributes to the attainment of the city’s housing goals as described in the housing element of the general plan, by creating, preserving, maintaining, and protecting housing affordable for households of very low-, low- and moderateincome;
2. Assure that the remaining developable land in the city’s planning area is utilized in a manner consistent with the city’s housing policies and needs;
3. Increase the number of affordable housing units in Brentwood in recognition of the insufficient number of existing affordable housing units in relation to the community’s current and future needs, and
4. Assure that new affordable housing units that are constructed are distributed throughout the city as part of mixed-income developments in order to obtain the benefits that flow from economically diverse communities, increase access to opportunity, and affirmatively further fair housing. (Ord. 1014 § 1, 2020)
17.725.002 Definitions.
As used in this chapter, each of the following terms shall be defined as follows:
“Affordable housing agreement” means a recorded agreement between the city and a residential developer setting forth the residential developer’s compliance with the requirements of this chapter. “Affordable housing cost” means the cost defined in the California Health and Safety Code Sections 50052.5 and 50053 (as may be amended from time to time) for owner-occupied and tenant-occupied units, respectively, and adjusted for assumed household size. The housing manager, on or about July 1 of each calendar year shall publish the maximum affordable housing costs for sales prices and rents as calculated in accordance with the applicable provisions of the California Health and Safety Code. “Affordable unit” means an ownership or rental-housing unit, including senior housing, occupied by and available to households of very low, low and moderate incomes at an affordable housing cost, adjusted for
Quality Code Data 4/22/2021, Page 1312
assumed household size as defined in this chapter, with deed restrictions as defined in this chapter in favor of the city.
“Assumed household size” means the assumed number of persons residing within a dwelling unit. For the purposes of this chapter, assumed household sizes for affordable units for a given number of bedrooms are as follows, or as may be amended by the California Health and Safety Code.
Assumed
Household
Size 1 2 3 4 5 6 or more
Unit Size Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom “Custom home development” means any residential development being subdivided by one party and sold as individual lots or parcels to separate owners for construction and development of dwelling units. “Divided in-lieu fee” means the total amount of the in-lieu fees due for the residential development at the time of first building permit issuance divided by the total number of market-rate units in the residential development. The divided in-lieu fee shall be adjusted annually in accordance with appropriate factors or indexes as adopted by the cost allocation plan. “Dwelling unit” means a dwelling designed and intended for occupancy by one household. “First time homebuyer” means a household which has not owned its principal place of residence within the last three years.
“In-lieu fee” means a fee paid to the city by an applicant in lieu of providing the required affordable units.
“Low-income household” means a household whose annual income does not exceed the qualifying limits set for “lower income households” in Section 50079.5 of the California Health and Safety Code. “Market-rate unit” is defined as a residential unit that is not an affordable unit. “Moderate-income household” means a household whose annual income does not exceed the qualifying limits set for “moderate-income households” in Section 50093 of the California Health and Safety Code and does not include a very low- or low-income household.
“Ownership development” means any residential development that includes the creation of one or more additional dwelling units that may be sold individually. An ownership development also includes the conversion of a residential rental development to a residential ownership development. “Refinance and Resale Limitation Agreement and Option to Purchase” means a recorded agreement between the city and an individual homebuyer of an ownership affordable unit documenting resale controls and/or rent restrictions.
“Rental development” means any residential development that creates one or more additional dwelling units that cannot be lawfully sold individually in conformance with the Subdivision Map Act. “Resale controls and/or rent restrictions” means legal restrictions by which affordable units shall be restricted to ensure that the unit remains affordable to very low-, low- or moderate-income households, as applicable, for a period of not less than forty-five years for ownership units and not less than fifty-five years for rental units, or longer periods if required by state housing or federal law or a financing assistance program. Resale controls for owner-occupied units shall be in the form of resale restrictions, deeds of trust, and/or other similar documents recorded against the subject property. Rent restrictions for rental units shall be in the form of a regulatory agreement recorded against the subject property. “Residential development” means and includes, without limitation, for-sale single-family dwellings, multiple-family dwellings, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, manufactured
Quality Code Data 4/22/2021, Page 1313
housing, mobilehomes, and residential land subdivisions intended to be sold, leased or rented to the general public.
“Very low-income household” means a household whose annual income does not exceed the qualifying limits set for “very low-income households” in Sections 50093 and 50105 of the California Health and Safety Code. “Very low-income households” include “extremely low-income households” as defined in Sections 50093 and 50106 of the California Health and Safety Code. (Ord. 1014 § 1, 2020)
17.725.002
17.725.003 General requirements.
A. Applicability. This chapter shall apply to all new residential developments of five or more lots or dwelling units designed and intended for residential occupancy in the city. No residential development, other than that exempted in subsection C of this section, shall be undertaken, and no building permits shall be accepted for processing or issued, unless the development has been approved in accordance with this chapter.
B. Affordability Requirement. Developers of residential developments of five or more lots or dwelling units designed and intended for residential occupancy shall construct or make possible the construction of a minimum of six percent of the total number of dwelling units within the residential development as affordable units, allocated to income levels as set forth in this chapter, or as provided in an affordable housing agreement which specifies the means of satisfying this chapter. Commencing on January 1, 2021, the required percentage of affordable units shall be increased to ten percent of the total number of dwelling units for any residential development of five or more lots, unless the application was determined to be complete by December 31, 2020 under Government Code Section 65589.5(o). The foregoing requirement shall be applied prior to the application of a density bonus and no more than once to an approved residential development regardless of changes in its character or ownership, provided that the total number of dwelling units does not change.
1. Residential Developments of Five to Nine Dwelling Units. Developers of residential developments consisting of five to nine dwelling units may either construct one low-income affordable unit, pay a fee equal to fifty percent of the low-income in-lieu fee, as established by resolution of the city council, or provide an “alternative equivalent” as established in this chapter. However, if all or any portion of a residential development of five to nine dwelling units is later re-subdivided into ten or more parcels or dwelling units, the city’s affordable housing requirement may not be satisfied by payment of an in-lieu fee.
2. Application to Residential Development of Ten or More Dwelling Units. In applying this requirement to residential development consisting of ten or more dwelling units, any decimal fraction less than 0.50 dwelling units shall be disregarded and any decimal fraction equal to or greater than 0.50 dwelling units shall be construed as one dwelling unit.
C. Exemptions. The following are exempt from the provisions of this chapter:
1. Residential development governed by a development agreement expressly precluding compliance with this chapter or an ordinance of this nature. In cases in which the development agreement does not expressly preclude compliance with this chapter, the project shall comply with this chapter;
2. Replacement housing due to natural disaster on a one for one basis (i.e., one dwelling unit replaced for each legally existing dwelling unit);
3. Modifications to existing properties or structures that do not increase the number of dwelling units;
4. Residential care facilities with dwelling units that are nonself-sufficient units; that is, they do not include kitchen facilities (if a project includes both self-sufficient and nonself-sufficient units, only the latter are exempt);
5. Subdivisions consisting of between one and four lots or dwelling units;
6. Development of up to four new dwelling units on an existing residential lot of record;
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7. Development of up to three additional dwelling units on a lot zoned to accommodate up to a maximum of four dwelling units, and which already contains at least one existing dwelling unit, provided that the maximum limit of dwelling units is not increased;
8. A residential second unit or accessory dwelling unit (as defined by state law) on an existing residential lot, subject to compliance with the zoning ordinance;
9. Residential developments whose applications were determined to be complete under Government Code Section 65943 or any successor provision prior to the effective date of the ordinance codified in this chapter, provided that such residential developments shall comply with the predecessor ordinance, resolution, or policy in effect immediately prior to the effective date of the ordinance codified in this chapter;
10. Residential developments exempted by California Government Code Section 65589.5(o) or successor provision, provided that such residential development shall comply with any predecessor ordinance, resolution, or policy in effect on the date a preliminary application for the development containing all of the information required by Government Code Section 65941.1 was submitted to the city.
D. Allocation of Affordable Units to Income Levels. Dwelling units located within the Brentwood city limits for very low-, low- and moderate-income households as required by this chapter shall be allocated as follows:
Allocation through December 31, 2020 (six percent affordability requirement):
Ownership Development
Moderate-Income Households 1%
Low-Income Households 4%
Very Low-Income Households 1%
Rental Development
Low-Income Households 3%
Very Low-Income Households 3%
Allocation applicable commencing January 1, 2021 (ten percent affordability requirement):
Ownership Development
Moderate-Income Households 3%
Low-Income Households 4%
Very Low-income Households 3%
Rental Development
Low-Income Households 5%
Very Low-Income Households 5%
E. Concurrent Construction. All affordable units in a residential development or phase of a residential development shall be constructed prior to or concurrently with market-rate units, as set forth, and in the location specified, in a schedule of construction approved by the city and set forth in the affordable housing agreement. The building permits for the last ten percent of the market-rate units shall not be issued until the last affordable unit has been issued a building permit and construction of the last affordable unit has begun.
F. Design and Distribution of Affordable Units. All affordable units within a residential development shall be comparable to the market-rate units in exterior design, quality, materials, architectural elements and
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overall construction quality, as well as number and proportion of bedroom types. If approved by the planning commission in the design review approval process as specified in Section 17.725.006(D),the developer may request an exception to the foregoing in order to reduce the cost of the affordable units by permitting reduced front, side and backyard landscaping and smaller square footage for bedrooms. Otherwise, affordable units shall be comparable to the approved landscape plans, exterior elevations, and bedroom square footage found in the approved plans for the remainder of the residential development. In addition, all affordable units shall include the same or similar interior amenities offered for market-rate units within a residential development. Affordable units shall be dispersed throughout the residential development so as to prevent the concentration of affordable units, unless the planning commission has approved an exception to this standard to accommodate senior housing or to reduce affordable unit costs as described above, or approval of an offsite location has been granted.
1. Very Low- to Medium-Density Zoning. For residential developments with very low- to mediumdensity zoning designations as defined by the general plan, the affordable unit may be smaller in size than other models in the residential development. The minimum permissible affordable unit size is one thousand six hundred square feet on a three thousand square foot parcel. As a means to provide massing and lot proportions consistent with the residential development, a duet unit will satisfy the city’s affordable housing requirement. For example, a duet unit can be located on a corner with each duet unit being one thousand six hundred square feet on two separate three thousand square foot parcels.
2. High- to Very High-Density Zoning. For residential developments with high- to very high-density zoning designations as defined by the general plan, the affordable units shall be comparable to market-rate units in square footage.
G. Length of Affordability. All affordable ownership units shall remain affordable for a period of at least forty-five years from date of original occupancy and each subsequent ownership, and any affordable rental units provided as an agreed-upon alternative equivalent proposal pursuant to Section 17.725.004 shall remain affordable for a period of at least fifty-five years from the date of the initial rental or leasing period, or longer periods as may be required by state housing law.
H. Concurrently with applicant’s submission of a universal application to the city with respect to any proposed residential development subject to this chapter, applicant shall also submit a narrative describing how the proposed residential development will comply with the requirements of this chapter. (Ord. 1014 § 1, 2020)
17.725.003
17.725.004 Alternative equivalent proposal.
As an alternative to constructing affordable units on site, a residential developer may propose one of the alternative equivalents set forth below to meet the requirements of Section 17.725.003. Such proposed alternative shall be processed in accordance with Section 17.725.005 of this chapter. An alternative equivalent proposal may include, but is not limited to, payment of an in-lieu fee for ownership development, dedication of vacant developable land, dedication of constructed units to the city’s rental housing program, construction of affordable units on another site, or conversion of existing market-rate units (either for-sale or for-rent) within the city to affordable units through acquisition and enforcement of required affordability restrictions consistent with this chapter. All alternative equivalent proposals must be submitted in writing, demonstrate that the alternative equivalent will provide as much or more affordable housing in the city as would be achieved through the construction of required on-site affordable units required under Sections
17.725.003(D), be consistent with the city’s housing element, and not increase residential segregation. Additionally, for ownership developments, an alternative equivalent proposal must result in an approximately equal geographic distribution of affordable units throughout the city.
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A. Approval of Payment of In-Lieu Fees. In-lieu fees may be paid for: (1) residential developments consisting of between five and nine dwelling units; or (2) the very low-income requirement for a residential development consisting of ten or more dwelling units. The amount of the in-lieu fee shall be adopted by resolution of the city council, and may be amended from time to time.
1. In-lieu fees for custom home developments shall be paid at time of building permit issuance for each custom home. For each permit pulled, the developer shall pay either the divided in-lieu fee or in a lump sum with the total fee, as elected by the developer.
2. In-lieu fees for all other residential developments shall be paid at building permit issuance for each market-rate unit constructed within the development. For each permit pulled, the developer shall pay either the divided in-lieu fee or in a lump sum as with the total fee, as elected by the developer.
3. Except as may otherwise be required by law, the amount of the fee shall be as set forth in the inlieu fee resolution in effect at the time of payment. In-lieu fees paid to the city shall be deposited into the affordable housing in-lieu fee fund in accordance with Section 17.725.007.
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4. The in-lieu fee paid by the developer of an ownership development shall be calculated using a market rate median sales price based in-lieu fee. This fee is based on the twelve-month median sales price for a three-bedroom, one thousand five hundred to one thousand seven hundred square foot, market-rate home in Brentwood, minus the current affordable housing cost as defined in the California Health and Safety Code for owner-occupied units for the applicable household income level.
The amount of the in-lieu fee for each affordable unit shall be the difference between the market rate median sales price, calculated as above, and the affordable housing cost for a for-sale three-bedroom unit.
5. Developers of rental developments must construct affordable units on site or satisfy the affordable requirements through an alternative equivalent proposal other than payment of in-lieu fees unless, prior to the last discretionary approval for the development, the applicant requests a waiver under Section
17.725.011, and the city council approves the in-lieu fee based on specific findings demonstrating that the city’s goals of increasing affordable housing production are equally met through use of applicant’s proposed alterative.
B. Dedication of Vacant Developable Land. An applicant may dedicate vacant developable land to the city or city-approved nonprofit housing developer in-lieu of constructing a portion of the required affordable units, if the city council finds all of the following:
1. The dedication of vacant land in lieu of constructing affordable units is consistent with this chapter’s goal of creating, preserving, maintaining, and protecting housing for very low-, low- and moderateincome households;
2. The dedicated vacant land is large enough and appropriately zoned to accommodate the number of affordable units that the applicant would otherwise be required to construct by Sections 17.725.003(D);
3. The dedicated vacant land is improved with infrastructure and utilities required to serve the property, including, but not limited to, power, telephone, cable, gas, water, sewer and fiber optics, grading, and all applicable fees, taxes, and assessments, including, but not limited to, school and flood control fees, and excluding any affordable housing in-lieu fees, have been or will be paid by the applicant;
4. The dedicated vacant land is located inside the city, or the vacant land will be annexed to the city prior to issuance of any building permits to the applicant for his/her related market-rate dwelling unit(s);
5. That the off-site location would not increase segregation; and
6. That the development of affordable units on the dedicated land will be financially feasible.
C. Off-Site Construction of For-Sale or For-Rent Affordable Units or Conversion of Market-Rate ForSale or For-Rent Units to Affordable Units. An applicant may construct the required affordable units off site from the proposed market-rate development site by causing the construction of new ownership or rental affordable units or convert existing market-rate ownership or rental affordable units with the approval of the city council and subject to the city council’s approval of each of the following findings and imposition of the following conditions of approval on each tentative map or other entitlement:
1. Required Findings for Construction and Conversion.
a. The construction of the affordable units off site or conversion of the existing market-rate units, excluding mobile-home units and units within cooperative developments, in lieu of constructing affordable units on site is consistent with this chapter.
b. The developer has submitted documentation to the satisfaction of the city manager or designee that demonstrates that the construction of the affordable units on site would be impractical or that off-site construction or conversion of market-rate units to affordable units will significantly benefit the city. c. The residential development will be subject to the conditions of approval set forth in subsection(C)(3) of this section. The conditions of approval for the market-rate development shall require that any