Brentwood City Council
July 23, 2024

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER, OR DESIGNEE, IN COORDINATION WITH THE CITY

ATTORNEY, TO EXECUTE AN AGREEMENT FOR PURCHASE AND

SALE OF EASEMENTS, IN SUBSTANTIAL CONFORMANCE WITH
THE ATTACHED AGREEMENT, WITH MELRINA A. HOUSER, AS
TRUSTEE OF THE HOUSER FAMILY SURVIVOR’S TRUST, AS TO
AN UNDIVIDED 37.5% INTEREST; WILLIAM P. MAGGIORA AND
JOYCE K. YANO-MAGGIORA, HUSBAND AND WIFE, AS JOINT
TENANTS, AS TO AN UNDIVIDED 37.5% INTEREST; AND DEBRA
R. MAGGIORA, A MARRIED WOMAN AS HER SOLE AND
SEPARATE PROPERTY AS TO AN UNDIVIDED 25% INTEREST,
FOR A PORTION OF APNS 019-081-009 AND 019-081-020, TO

ACQUIRE UTILITY EASEMENTS NECESSARY FOR CIP PROJECT
NO. 336-31695, INNOVATION CENTER @ BRENTWOOD
INFRASTRUCTURE, FOR $84,500, AND AUTHORIZING

EXECUTION OF OTHER DOCUMENTS AS NECESSARY TO
COMPLETE THE RIGHT-OF-WAY TRANSACTION.

WHEREAS, on November 13, 2018, by Resolution No. 2018-159, the City Council adopted the Priority Area One Specific Plan (Innovation Center @ Brentwood) including a Circulation Network of public roadways and further updated the Plan October 25, 2022; and
WHEREAS, on December 14, 2021, by Resolution No. 2021-148, the City Council approved an Agreement for Right of Way and Title Services with Bender Rosenthal, Inc., for various Capital Improvement Projects; and WHEREAS, on June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/2024 – 2027/2028 Capital Improvement Program, which included the Innovation Center @ Brentwood CIP Project; and
WHEREAS, on May 14, 2024, by Resolution No. 2024-51, the City Council approved a Purchase and Sale Agreement for Easement Rights with Nunn Family (No.2) Limited Partnership for utilities at the Innovation Center @ Brentwood; and WHEREAS, acquiring easements is necessary for constructing and maintaining public utilities; and
WHEREAS, on December 12, 2023, the City Council provided to staff parameters for negotiating with property owners to obtain Innovation Center @ Brentwood utility easements; and

WHEREAS, The Innovation Center @ Brentwood is intended to be predominately developed with a mixture of uses that generate jobs and is important to the City’s future growth and economic development; and WHEREAS, Brentwood General Plan Policy ED 1-7 provides: “Establish, as a high priority, the development of public facilities and infrastructure to service proposed major employment centers, including State Route 4 corridor improvements, eBART facilities, and water, sewer, and telecommunications infrastructure.” The City’s acquisition of portions of APNs 019-081-009 AND 019-081-020, for the purpose of obtaining utility easements necessary for CIP Project No. 336-31695, is consistent with this Policy, in that it will allow for the development of infrastructure to service The Innovation Center @ Brentwood; and
WHEREAS, a Purchase and Sale Agreement for Easements will facilitate the City’s acquisition of 10,314 square feet of Public Utility Easements and 5,423 square feet of Temporary Construction Easements for $84,500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager, or designee, in coordination with the City Attorney, to execute an Agreement for Purchase and Sale of Easements, in substantial conformance with the attached agreement, with Melrina A. Houser, as Trustee of the Houser Family Survivor’s Trust, as to an Undivided

37.5% Interest; William P. Maggiora and Joyce K. Yano-Maggiora, Husband and Wife, as Joint Tenants, as to an Undivided 37.5% Interest; and Debra R. Maggiora, a married woman as her sole and separate property as to an Undivided 25% Interest, for a portion of APNs 019-081-009 and 019-081-020, to acquire utility easements necessary for CIP Project No. 336-31695, Innovation Center @ Brentwood Infrastructure, for $84,500, and authorize execution of other documents as necessary to complete the right-of-way transaction. The City Council further authorizes payment to the property owners through escrow with First American Title Company.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of July 2024 by the following vote:

4108803.2

AGREEMENT FOR PURCHASE AND SALE OF EASEMENTS
(INCLUDING ESCROW INSTRUCTIONS)
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (the "Agreement") is entered into as of , 20 , by and between the CITY OF BRENTWOOD, a municipal corporation (the "Purchaser"), and MELRINA A. HOUSER, AS TRUSTEE OF THE HOUSER FAMILY SURVIVOR’S TRUST, AS TO AN UNDIVIDED 37.5% INTEREST, WILLIAM P. MAGGIORA AND JOYCE K. YANO-MAGGIORA, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 37.5% INTEREST, AND DEBRA R. MAGGIORA, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 25% INTEREST ("Seller").

IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. Agreement to Sell and Purchase. Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, certain easement rights upon Seller’s real property (collectively, the "Easements"), situated in the City of Brentwood, County of Contra Costa, State of California, which are legally described in the legal descriptions attached hereto as Exhibits "A" and “B” and incorporated herein.

2. Purchase Price. The purchase price for the Easements shall be Seventy Four Thousand, Five Hundred Dollars ($74,500.00), in addition to reimbursement for appraisals performed upon Seller’s property in the amount of Ten Thousand Dollars ($10,000) for a total purchase price of EIGHTY FOUR THOUSAND, FIVE HUNDRED DOLLARS ($84,500.00) (the "Purchase Price"). Purchaser shall pay the Purchase Price by depositing into Escrow, on or before the date for close of Escrow, immediately available funds in the amount of the Purchase Price. This purchase price includes the cost of the Seller completing an independent appraisal of the Property. However, none of the Seller’s legal fees associated with this transaction are included in the Purchase Price, and such legal fees are not reimbursable and are the financial liability of the Seller.

3. Conveyance of Easements. Seller agrees to convey the Easements to Buyer by the Easement Deeds (as defined below).

4. Escrow. Purchaser and Seller have opened or shall open an escrow (the "Escrow") in accordance with this Agreement at First American Title Company (the "Escrow Agent"). This Agreement, together with the escrow instructions prepared by Escrow Agent and executed by Purchaser and Seller, constitutes the joint escrow instructions of Purchaser and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this Escrow in the shortest possible time.

4.1 Easement Deeds. Prior to the close of Escrow, Seller shall execute, acknowledge and deliver into Escrow the easement deeds (the "Easement Deeds") suitable for recordation and conveyance to the Purchaser of the easement interests as indicated in Exhibits "1” and “2” attached hereto and incorporated herein. A Certified Resolution of Acceptance to be attached to the Easement Deeds shall be delivered into Escrow by Purchaser on or before the close of Escrow. Purchaser and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction.

4108803.2

5. [intentionally omitted]

6. Escrow Agent Authorization. Escrow Agent is authorized to, and shall:

6.1 [intentionally omitted]

6.2 Pay and Charge Purchaser. Pay and charge Purchaser for any and all Escrow fees, recording fees and other costs and expenses of Escrow payable under Section 6.7, below.

6.3 Disbursement. Disburse funds, record the Easement Deeds and Certified Resolution of Acceptance, and deliver the title policy (if any) to Purchaser, when conditions of the Escrow have been fulfilled by Purchaser and Seller.

6.4 Close of Escrow. The term "close of Escrow," if and where written in these instructions, shall mean the date the Grant Deed and other necessary instruments of conveyance are recorded in the office of the Contra Costa County Recorder.

6.5 Time Limits. All time limits within which any matter specified is to be performed may be extended by mutual agreement of the parties. Any amendment of, or supplement to, any instructions must be in writing.

6.6 Time of the Essence. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE ON OR BEFORE OCTOBER 1, 2024. If this Escrow is not in condition to close by such date, then (a) Purchaser may waive any conditions that have not been met; (b) Purchaser may, in writing, terminate this Agreement and demand the return of its money or property; or (c) if the delay is caused by the failure of a senior lienholder to subordinate its interests, Purchaser has the right to extend the closing a reasonable period of time to allow the senior lienholder time to process a subordination, which in no event shall exceed six months.

6.7 Escrow Fees, Charges and Costs. Purchaser agrees to pay all of Purchaser's and Seller's fees, charges, and costs which arise in this Escrow.

6.8 Transfer Taxes. No transfer tax shall be due because Purchaser is a public entity.

7. [intentionally omitted]

8. No Warranty. THE EASEMENTS ARE BEING SOLD "AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY SIGNING THIS

AGREEMENT, PURCHASER REPRESENTS THAT PURCHASER HAS INSPECTED THE REAL PROPERTY SUBJECT TO THE EASEMENTS AND ACCEPTS THE EASEMENTS “AS IS”.

9. Full and Complete Settlement for Easements. The total compensation to be paid by Purchaser to Seller is in consideration for the Easements, severance damages, relocation assistance, any alleged pre-condemnation or inverse condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller and Seller's Parties (defined below) which might arise out of or relate in any respect to the acquisition of the Property by the Purchaser.

4108803.2

10. Broker's Commission. Seller and Purchaser each warrants and represents that it has not engaged the services of any agent, finder or broker in connection with the transaction which is the subject of this Agreement, and that it is not liable for any real estate commissions, broker's fees or finder's fees which may accrue by means of the sale of the Property.

11. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by electronic mail, reputable overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the earlier of: (i) if personally delivered or mailed, the date of delivery to the address of the person to receive such notice; (ii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; or (iii) if sent by electronic mail, with the original sent on the same day by overnight courier, the date on which the email is received, provided it is before 5:00 P.M. Pacific Time on a business (or on the following business day if not received before 5:00 P.M. on a business day). Notice of change of address shall be given by written notice in the manner described in this Section. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent.

Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to Seller: Melrina Houser
27084 E. El Macero Dr.

El Macero, CA 95618
(916) 947-3554
[email protected]
If to Purchaser: City of Brentwood
150 City Park Way
Brentwood, CA 94513
Attention: Tim Ogden, City Manager
(925) 516-5440
[email protected]

12. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

13. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California without regard to its choice of law principles.

14. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in signed writing by Purchaser and Seller.

15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

4108803.2

16. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.

17. Cooperation. Each party agrees to cooperate with the other in the Closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement. The parties understand and agree to cooperate and coordinate as necessary prior to construction activities commencing on the real property interests transferred under Temporary Construction Easement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below.

PURCHASER:

CITY OF BRENTWOOD, a municipal corporation
By:

Tim Y. Ogden, City Manager
ATTEST:
_____________________________
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

Katherine Wisinski, Interim City Attorney
SELLER:

Melrina A. Houser
________________________________________________
William P. Maggiora Joyce K. Yano-Maggiora
Debra R. Maggiora

4108803.2
EXHIBIT "A"

LEGAL DESCRIPTION
Public Utility Easement
APNs 019-081-009 and 019-081-020

4108803.2
EXHIBIT "B"

LEGAL DESCRIPTION
Temporary Construction Easement
APNs 019-081-009 and 019-081-020

4108803.2
EXHIBIT "1"

EASEMENT DEED
Public Utility Easement
APNs 019-081-009 and 019-081-020

RECORDING REQUESTED BY:

City of Brentwood
WHEN RECORDED RETURN TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513
Exempt from Documentary Transfer Tax §11922
Exempt from Recording Fee Government Code §6103
APNs: 019-081-009 and 019-081-020

PUBLIC UTILITY EASEMENT DEED
For valuable consideration received, MELRINA A. HOUSER, AS TRUSTEE OF THE HOUSER FAMILY SURVIVOR’S TRUST, AS TO AN UNDIVIDED 37.5% INTEREST; WILLIAM P. MAGGIORA AND JOYCE K. YANO-MAGGIORA, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 37.5% INTEREST; AND DEBRA R. MAGGIORA, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 25% INTEREST (“GRANTOR”) does hereby grant to CITY OF BRENTWOOD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA (“GRANTEE”), an easement for public utilities (the “Easement”), including but not limited to water, nonpotable water, sewer, storm drain, gas, telephone, cable TV, underground power, fiber optics and other appurtenances as GRANTEE may deem necessary, together with the right to operate and maintain all of the aforementioned, over, across, through and under that certain real property situated in the City of Brentwood, County of Contra Costa, State of California, commonly known as an approximately 10,314 square foot portion of APNs 019-081-009 and 019-081-020 and more particularly described in Exhibit “A” and depicted on Exhibit “B” attached hereto and made a part hereof (the “Easement Area”).

GRANTEE assumes full responsibility for all improvements and appurtenances placed or constructed within the Easement Area by or on behalf of GRANTEE, including, without limitation, the responsibility to inspect, maintain and repair the same in good and operable condition.

GRANTEE shall perform all inspections, maintenance, repairs, and replacements to the Easement Area necessary to allow for and ensure its proper and safe use. GRANTEE, at its sole cost and expense, agrees to comply with all laws, orders, rules, regulations, ordinances, requirements, permits, and administrative and judicial determinations (“Laws”) applicable to the Easement, GRANTEE’s use and possession of the Easement Area, and GRANTEE’s exercise of its Easement rights, including without limitation all Laws that relate to public health and safety or the protection of the environment.

To the fullest extent allowable by law, GRANTEE shall defend (with counsel satisfactory to GRANTOR), indemnify, and hold harmless GRANTOR and its respective agents, employees, and contractors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, suits, damages, liens, injury, losses, liability, costs and expenses (including attorneys’ fees) (collectively, “Losses”) for personal injury, property damage or otherwise arising from or related

to GRANTEE’s use of the Easement Area or exercise of the rights granted herein, except to the extent such Losses are caused by the gross negligence or willful misconduct of any of the Indemnified Parties. GRANTEE further agrees that it will permit no mechanics’, materialmen’s or other liens to stand against the Easement Area for work or materials furnished to GRANTEE or its agents, employees or contractors in connection with the Easement, and GRANTEE agrees to indemnify, defend and hold GRANTOR and the Easement Area harmless from same. GRANTEE shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to the Easement Area and any and all improvements and appurtenances within the Easement Area caused by any act or omission of GRANTEE, its employees, agents or contractors.

The Easement shall be subject to all existing easements and other matters of record on or affecting the Easement Area. GRANTEE shall ensure that GRANTEE’s use of the Easement Area does not interfere with the rights of any third parties in and to the Easement Area.

GRANTOR and other occupants of the Easement Area shall have the right to use the Easement Area in any manner that does not materially interfere with or disrupt the rights of GRANTEE under the Easement.

GRANTOR:

Melrina A. Houser, as Trustee of the
Houser Family Survivor’s Trust
Date:

Melrina A. Houser
William P. Maggiora and Joyce K. YanoMaggiora, husband and wife, as joint tenants
Date:

William P. Maggiora
Date:

Joyce K. Yano-Maggiora
Debra R. Maggiora, a married woman as
her sole and separate property
Date:

Debra R. Maggiora

Certificate of Acceptance
Government Code §27281
This is to certify that the interest in real property conveyed by the Public Utility Easement Deed dated ________________________________, from Melrina A. Houser, as Trustee of the Houser Family Survivor’s Trust, as to an Undivided 37.5% Interest; William P. Maggiora and Joyce K.

Yano-Maggiora, Husband and Wife, as Joint Tenants, as to an Undivided 37.5% Interest; and Debra R. Maggiora, a married woman as her sole and separate property as to an Undivided 25% Interest to City of Brentwood, a municipal corporation of the State of California, is hereby accepted pursuant to authority conferred by Ordinance No. 1031 of the City Council adopted on February 24th, 2022, and the City of Brentwood consents to recordation thereof by its duly authorized officer.
________________________________ _____________________
Allen Baquilar, PE Date
Director of Engineering/City Engineer

EXHIBIT "2"

EASEMENT DEED
Temporary Construction Easement
APNs 019-081-009 and 019-081-020

RECORDING REQUESTED BY:

City of Brentwood
WHEN RECORDED RETURN TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513
Exempt from Documentary Transfer Tax §11922
Exempt from Recording Fee Government Code §6103
APNs: 019-081-009 and 019-081-020

TEMPORARY CONSTRUCTION EASEMENT DEED
For valuable consideration received, MELRINA A. HOUSER, AS TRUSTEE OF THE HOUSER FAMILY SURVIVOR’S TRUST, AS TO AN UNDIVIDED 37.5% INTEREST; WILLIAM P.

MAGGIORA AND JOYCE K. YANO-MAGGIORA, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 37.5% INTEREST; AND DEBRA R. MAGGIORA, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 25% INTEREST (“GRANTOR”) does hereby grant to CITY OF BRENTWOOD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA (“GRANTEE”), a temporary construction easement (the “Temporary Construction Easement”) for the purpose of construction activities, including use for ingress and egress and performance of all activities as may be necessary or incidental to the construction of public utilities, within that certain real property situated in the City of Brentwood, County of Contra Costa, State of California, commonly known an approximately 5,423 square foot portion of APNs 019-081-009 and 019-081-020 and more particularly described in Exhibit “A” and depicted on Exhibit “B” attached hereto and made a part hereof (the “TCE Area”). This Temporary Construction Easement shall not in any way unreasonably impair GRANTOR’S use, access and ingress/egress of GRANTOR’S property situated within the remainder property currently owned by GRANTOR.

This Temporary Construction Easement shall become effective upon recordation with the Contra Costa County Clerk Recorder, and shall automatically terminate either upon the earlier to occur of (i) GRANTEE’S recordation of the Notice of Completion of construction of that portion of the project lying within the TCE Area or (ii) eighteen (18) months after recordation of this Temporary Construction Easement. Upon such termination, the Temporary Construction Easement shall revert back to GRANTOR. Although such termination shall be automatic, at GRANTOR’s request, GRANTEE shall execute such documentation, including but not limited to a quitclaim deed, as may be reasonably required in order to remove the Temporary Construction Easement from title to GRANTOR’s property.

GRANTEE assumes full responsibility for all improvements and appurtenances placed or constructed within the TCE Area by or on behalf of GRANTEE, including, without limitation, the responsibility to inspect, maintain and repair the same in good and operable condition. GRANTEE shall perform all inspections, maintenance, repairs, and replacements to the TCE Area necessary

to allow for and ensure its proper and safe use. GRANTEE, at its sole cost and expense, agrees to comply with all laws, orders, rules, regulations, ordinances, requirements, permits, and administrative and judicial determinations (“Laws”) applicable to the Temporary Construction Easement, GRANTEE’s use and possession of the TCE Area, and GRANTEE’s exercise of its Temporary Construction Easement rights, including without limitation all Laws that relate to public health and safety or the protection of the environment. All work performed pursuant to the Temporary Construction Easement or within the TCE Area shall conform to all generally accepted design and construction standards and shall be performed in a good and workmanlike manner.

GRANTEE shall defend (with counsel satisfactory to GRANTOR), indemnify, and hold harmless GRANTOR and its respective agents, employees, and contractors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, suits, damages, liens, injury, losses, liability, costs and expenses (including attorneys’ fees) (collectively, “Losses”) for personal injury, property damage or otherwise arising from or related to GRANTEE’s use of the TCE Area or exercise of the rights granted herein, except to the extent such Losses are caused by the gross negligence or willful misconduct of any of the Indemnified Parties. GRANTEE further agrees that it will permit no mechanics’, materialmen’s or other liens to stand against the TCE Area for work or materials furnished to GRANTEE or its agents, employees or contractors in connection with the Temporary Construction Easement, and GRANTEE agrees to indemnify, defend and hold GRANTOR and the TCE Area harmless from same. GRANTEE shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to the TCE Area and any and all improvements and appurtenances within the TCE Area caused by any act or omission of GRANTEE, its employees, agents or contractors.

The Temporary Construction Easement shall be subject to all existing easements and other matters of record on or affecting the TCE Area. GRANTEE shall ensure that GRANTEE’s use of the TCE Area does not interfere with the rights of any third parties in and to the TCE Area.

GRANTOR and other occupants of the TCE Area shall have the right to use the TCE Area in any manner that does not materially interfere with or disrupt the rights of GRANTEE under the Temporary Construction Easement.

GRANTOR:

Melrina A. Houser, as Trustee of the
Houser Family Survivor’s Trust
Date:

Melrina A. Houser
William P. Maggiora and Joyce K. YanoMaggiora, husband and wife, as joint tenants
Date:

William P. Maggiora

Date:

Joyce K. Yano-Maggiora
Debra R. Maggiora, a married woman as
her sole and separate property
Date:

Debra R. Maggiora

Certificate of Acceptance
Government Code §27281
This is to certify that the interest in real property conveyed by the Temporary Construction Easement Deed dated ________________________________, from Melrina A. Houser, as Trustee of the Houser Family Survivor’s Trust, as to an Undivided 37.5% Interest; William P.

Maggiora and Joyce K. Yano-Maggiora, Husband and Wife, as Joint Tenants, as to an Undivided

37.5% Interest; and Debra R. Maggiora, a married woman as her sole and separate property, as to an Undivided 25% Interest to City of Brentwood, a municipal corporation of the State of California, is hereby accepted pursuant to authority conferred by Ordinance No. 1031 of the City Council adopted on February 24th, 2022, and the City of Brentwood consents to recordation thereof by its duly authorized officer.
________________________________ _____________________
Allen Baquilar, PE Date
Director of Engineering/City Engineer

CITY COUNCIL AGENDA ITEM NO. G.1
07/23/2024
SUBJECT: An application for a Vesting Tentative Subdivision Map, Design Review, Density Bonus request, and request for associated waivers including the City’s General Plan Density Transition Policy.

DEPARTMENT: Community Development
STAFF: Alexis Morris, Community Development Director
Sarah Yuwiler, Associated Planner

TITLE/RECOMMENDATION
Adopt three separate resolutions: (1) approving a Mitigated Negative Declaration (SCH# 20240501112) and Mitigation Monitoring and Reporting Program and Errata Sheet; (2) approving the Vesting Tentative Subdivision Map No. 9649 (VTSM 9649) for the subdivision of 9.6-acres in 34 single-family residential lots; and (3) approving Design Review No 23-012 (DR 23-012) for the Orchard Grove project, as conditioned.

The project includes a Vesting Tentative Subdivision Map (VTSM 9649) for the subdivision of 9.6-acres into 34 parcels (including 30 single-family detached homes and four affordable duets), one on-site bioretention parcel, and a designated 0.4- acre remainder parcel. The project also includes a density bonus application to allow for a 17.2% increase in density (3.54 units per acre) pursuant to the State Density Bonus Law (SDBL) and waivers including the General Plan density transition policy, as well as a design review application (DR 23-012) for the homes to be constructed on the 34 lots. The project is located at 1901 Lone Oak Road, just south of Grant Street and directly east of Adams Lane (APN 016-040-004).

The City prepared a mitigated negative declaration and Errata Sheet 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 are included by reference as conditions of approval.

CITY COUNCIL AGENDA ITEM NO. G.1
07/23/2024

FISCAL IMPACT
The applicant, Shea Homes, has paid a total of $77,089.67 to process the application.

These fees fully cover staff’s time spent processing the application, including preparation of the IS/MND.

BACKGROUND
The 9.6-acre project site is located at 1901 Lone Oak Road (APN 016-040-004) on the east side of Adams Lane. The site is currently developed with one single-family home at the southeast corner of the property, in which the property owner currently resides, and will remain as a 0.4-acre remainder parcel with this subdivision. The applicant, Shea Homes, is requesting the approval of an Initial Study/Mitigated Negative Declaration (IS/MND) and Errata Sheet, a Mitigation Monitoring and Reporting Plan (MMRP), a Vesting Tentative Subdivision Map (VTSM 9649), and Design Review (DR 23-012) for a new 34-unit single-family development including four (4) affordable duet units, one on-site bioretention parcel, and a designated 0.4- acre remainder parcel.

The project also includes a density bonus application to allow for a 17.2% increase in density pursuant to the State Density Bonus Law (SDBL). The affordable units include two units affordable to Very Low Income households and two units affordable to Moderate Income households. Two of the duets have lot sizes of 3,867 square feet and the other two duets are located on 4,532 square foot lots. The remaining 30 lots range in size, with a majority of the lots being approximately 8,000 square feet and the lots around the perimeter of the project being slightly larger (up to 13,389 square feet).

CITY COUNCIL AGENDA ITEM NO. G.1
07/23/2024
2023 Aerial Photo of Project Site

APPLICABLE STATE HOUSING LAW
The State has passed numerous housing laws to address the housing shortage and limit local governments’ ability to deny housing projects that comply with the General Plan and/or zoning regulations. Several laws apply to the project that affect the City’s processing of the application in that they 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 (Government Code §§ 65915-65918).

State Density Bonus Law (SDBL)
The State Density Bonus Law was enacted in 1979 to address the shortage of affordable housing in California. 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 density bonus is set on a sliding scale, based on the percentage of affordable units provided.

The project site is within the General Plan Residential - Very Low Density (R-VLD) land use designation, which allows for a density range from 1.1 to 3.0 dwelling units

CITY COUNCIL AGENDA ITEM NO. G.1
07/23/2024
per acre. The base density for the project is 3 units/acre on 9.6 acres, which would allow a total of 29 units. Here, the applicant is proposing to provide six percent (6%) of the units for very-low income households, which meets the State’s Density Bonus Law threshold for a density bonus (Government Code § 65915 (f)(2)(B)(1)(b)), which requires a minimum of 5% very-low income units. The State’s sliding scale allows for a 22.5% density bonus for projects that offer 6% very low income units, which would allow the project to construct a total of 36 units. However, the applicant is not proposing to seek the full bonus allowed by law and is proposing a 17.2% density bonus (3.54 units per acre for a total of 34 units) as illustrated in the table below.

Table 1: Density Bonus
Density Units
Base Density 9.6 acres x 3 units= 29 units
Proposed Density Bonus 29 units x 17.2%= 34 units
Max Allowed Density Bonus 29 units x 22.5%= 36 units
*Density calculations resulting in fractional units are required to be rounded up to the next whole number
When a developer sets aside a qualifying percentage of units in a housing development for affordable units, the City has no discretion with regard to the density bonus award; as long as the project provides the requisite affordability, the formulaic bonus must be awarded. The applicant may also request:

1. Incentives/concessions. The SDBL treats the terms ‘incentives’ and ‘concessions’ interchangeably and defines these as:
 a reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; or
 approval of mixed use zoning; or
 other regulatory incentives or concessions which actually result in identifiable and actual cost reductions.

Though the project would qualify for one such concession, none have been requested.

2. Waivers. The applicant may request waivers of development standards that would preclude development of the project as designed at the increased density. In addition to other waivers requested through the density bonus provisions, and outlined in further detail in the attached Planning Commission staff report and in the attached VTSM resolution, the applicant is requesting a waiver of the City’s General Plan Density Transition Policy. Under the SDBL, the City may only deny a requested waiver if doing so would waive or reduce

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development standards that would cause a public health or safety problem, cause an environmental problem, harm historical property, or would be contrary to law. Cities bear the burden of proof for the denial of any requested incentive, concession, or waiver not given.

3. Parking reductions. Finally, the applicant may request the reduction of parking standards.

Typically, the Planning Commission would be the legislative body approving or denying a project that utilizes the SDBL. However, the City’s General Plan specifically requires approval by the City Council for modifications/waivers of the Density Transition Policy. As such, the applicant can waive the Density Transition Policy under SDBL but cannot waive the process. Therefore, according to the required process, the City Council will review the entirety of the project, including the, MND, vesting tentative map, density bonus, density transition and design review. The City Council’s action will be final. A detailed analysis of the project can be found starting on page 4 of the July 2, 2024, Planning Commission staff report, which is attached as Attachment 11 for reference.

SUMMARY
General Plan & Zoning Consistency
Overall, the project is consistent with the General Plan, with the exception of the Density Transition Policy, and will help to provide a broad spectrum of housing types.

The proposed affordable housing complies with the requirements of the City’s Affordable Housing Ordinance and helps to achieve multiple Housing Element goals and policies and assists in meeting the City’s overall Regional Housing Needs Assessment (RHNA). The project complies with the Affordable Ordinance by providing affordable units in accordance with the City’s adopted affordable housing ordinance that was in effect at the time the project was deemed complete and per the Brentwood Municipal Code (BMC 17.725.003D), projects of twenty-seven to thirtyfour units shall contain one low-income unit, two moderate-income units, and one very low-income unit. Pursuant to the City’s ordinance and consistent with definitions of the state law, a very low-income unit qualifies as a low income unit and therefore the project complies by providing two very low-income units and two moderateincome units. In addition, the project developer would be required to enter into an Affordable Housing Agreement with the City prior to final map approval.

A detailed analysis of the project’s General Plan and Housing Element consistency can be found starting on page 3 in the attached Planning Commission staff report (Attachment 11).

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The project includes a number of requested waivers of the development standards for the R-1-E zoning district. These are summarized in the table below and are explained more in detail in the Planning Commission staff report.

Table 2: Waivers Requested
R-1-E
Development
Standards Proposed Complies?
Minimum Lot
Size
14,500 sf
10,000 sf (w/ CUP)
8,000 sf
3,750 sf (duet units)
No, waiver
requested.

Minimum Lot
Width
100 ft 80 ft
40 ft (duet units)
No, waiver
requested.

Minimum
Front Yard
Setback
20 ft 15 ft to living space
20 ft to garage
No, waiver
requested.

Minimum Side
Yard Setback
10 ft, sum of both
sides 25 ft
7 ft, sum of both
sides 20 ft, 0 ft
minimum for duet
on lot line that
splits the building
No, waiver
requested.

Minimum
Street Side for
Corner Lots
15 ft 15 ft Yes
Minimum Rear
Yard Setback
30 ft 15 ft No, waiver
requested.

Minimum OffStreet Parking
Spaces
2 spaces 2 spaces Yes
Maximum
Building
Height
30 ft 27 ft 7 in Yes
Density 2.0 units /acre
(permitted)

3.0 units/acre
(conditionally
permitted)

3.54 units / acre SDBL allows for an
increase in density.

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Vesting Tentative Subdivision Map
The subdivision consists of a rectangular-shaped 9.6-acre parcel, excluding the 0.4- acre remainder parcel at the southeast corner of the project site. The proposed vesting tentative subdivision map includes 34 single-family lots, a bioretention lot (Parcel A), and ties in to the previously approved looped public street for the original Orchard Grove subdivision just to the south of the parcel, with access via two points along Adams Lane. Full right-of-way improvements would be constructed within the proposed new street, including utilities, curb, gutter, and a separated sidewalk with a landscape strip. A more detailed explanation can be found on page 18 in the attached Planning Commission staff report (Attachment 11).

Design Review
There are four home plans for the 30-market rate homes and two home plans for the 4- duet units. Each of the floor plans offer a unique configuration of massing, intended to create differentiation and variety on the streetscape, and provide buyers with distinct choices in lifestyle and use of space. In addition to the four floor plans, there are three distinctive elevation styles for each home plan, which include Early California/Spanish, Mediterranean Revival, and Craftsman. The master plotting plan shown below, depicts the variation of the different home plans and elevations to ensure that no two identical homes are located next to each other. A more detailed explanation can be found on page 19 in the attached Planning Commission staff report (Attachment 11) for more information.

Master Plotting Plan

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PLANNING COMMISSION MEETING OF JULY 2, 2024
On July 2, 2024, the Planning Commission held a public hearing on the proposed Orchard Grove North project. Staff did not receive any public comments on the project prior to the meeting. After presentation of the staff report and comments from the applicant, the Planning Commission opened public comment and took testimony from two members of the public who expressed concerns regarding the absence of a park within the proposed subdivision, as well as concerns about the location of the duet units and how vehicle miles traveled (VMT) is calculated.

After closing the public hearing, the Planning Commission discussed with staff the following topics:

1. Park: The Commission had concerns that a park is not proposed as part of the project. Staff explained that there is no park included or required for this project for three reasons: (1) the unit count of the project; at 34 units, the project is allowed to pay a fee in lieu of constructing a park, per Brentwood Municipal Code § 16.150.030; (2) even if there were to be a park within the project, due to the project’s size, the park would be approximately 0.54-acres, which would not provide a space large enough to accommodate usable amenities that are most important to parks; and (3) the project’s proximity to nearby parks, including Blue Goose Park, directly across Adams Lane, which does not warrant the need for a park within this development.

2. Safety: Another concern brought up by the Commission was whether residents could safely cross the street to get to the existing Blue Goose Park. The Commission discussed the 25 MPH speed limit on Adams Lane and concerns with pedestrians jaywalking across the street. Staff explained that the previously approved Orchard Grove subdivision to the south was conditioned to install a mid-block crosswalk with flashing beacons on Adams Lane to ensure pedestrian safety when crossing the street. Additionally, the intersection on O’Hara Avenue and Adams Lane, as well as the intersection of Grant Street and Adams Lane, are both signalized with crosswalks; therefore, there are three safe access points for pedestrians to cross the street to access the park.

3. VMT/Traffic Concern: The Commission discussed concerns regarding traffic and the methodology of VMT. The City’s Traffic Engineer and the CEQA consultant explained that the project was reviewed under the Contra Costa County Transportation Authority VMT model, which is required since the City does not have its own model. The project does not result in a significant impact in regards to VMT and therefore, does not trigger any further CEQA review.

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Additionally, the Commission asked if both Orchard Grove (the previously approved project on the adjacent parcel to the south) and Orchard Grove North would have come in as one combined project, whether a traffic study would have been required or if the VMT analysis would have yielded higher numbers.

Staff and the CEQA consultant responded and explained that the threshold for a traffic study is 100 peak hour trips and would not have been reached and the number of units would not have changed the VMT impacts.

4. Wall Along the Northern Property Line: The Commission broached the concept of replacing the proposed six-foot enhanced good-neighbor fence along the northern property line of the project with a six-foot masonry wall to provide additional privacy for the new homes, given that the Church and Vineyard Academy are the adjacent neighbors. The Commission discussed this concept with the applicant, and the applicant agreed that a wall would be a good addition and stated he would be comfortable with this modification, which was added as a condition of approval.

5. Single-Story Home: The Commission discussed requiring a single-story home to be adjacent to the existing home on Lone Oak Road. The proposed plotting plan currently depicts a single-story home in this location; however, the Commission added a condition of approval to ensure that through the final map process and plotting plan, the home on this lot remains single-story.

6. Architecture: The Commission discussed the architecture of the homes and had concerns; specifically, the ‘large blank walls’ of the two-story architecture on the right side of the Plan 4. The Commission further conditioned the project to provide a decorative trim element to break up the massing between the first and second floors.

7. Landscape and Defensible Space: A Commissioner raised concerns regarding defensible space around the homes. There was a concern that homes may not be able to obtain insurance if there is not sufficient defensible space around the homes, particularly related to the proposed front yard landscaping. The Commission ultimately wanted to ensure that homes would be able to procure insurance, and therefore added a condition of approval to require a minimum of five-feet of defensible space around the homes.

Additionally, the Commission discussed the concern that the proposed trees may cause the sidewalks to buckle over time. The City’s Parks Planner explained that the installation of root barriers mitigates the chances of this happening. The Commission also added this as a condition of approval.

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After deliberation, including the discussion mentioned above, the Planning Commission voted to recommend the City Council approve the vesting tentative subdivision map on a 3-1 vote and unanimously voted to recommend the City Council approve the resolutions for the MND and the Design Review applications with the following added conditions listed below.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Previous Actions are included as 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 July 12, 2024.

ENVIRONMENTAL DETERMINATION
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 are also included by reference in the conditions of approval.

The public review period for the proposed IS/MND began on May 3, 2024, and ended on June 3, 2024. During this review period, staff received two comment letters (Attachment 10): one from the California Department of Toxic Substances Control and one from the Central Valley Regional Water Quality Control Board. These comments have been incorporated as conditions of approval as applicable and a response has been provided by the CEQA consultant included as Attachment 10.

The IS/MND, Mitigation Monitoring and Reporting Program (MMRP) may be reviewed by clicking on the link below and scrolling to “Orchard Grove North:” https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments

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The original publication of the IS/MND inadvertently included the Archaeological Assessment Report for Orchard Grove, the previously-approved project located directly south of the current project site. The report was cited in Section V. “Cultural Resources” of the IS/MND (pages 40 and 41). Therefore, errata changes were provided (Attachment 13) with corrected citations for the proper Archaeological Assessment Report, along with the report itself. These errata changes do not change any of the IS/MND significance determinations, nor otherwise impact other sections of the IS/MND. The changes are very minor and merely clarify the existing analysis in the IS/MND with references to the correct report. Recirculation of the IS/MND is therefore not warranted, as the documents have not been substantially revised per 14 CCR Section 15073.5(a).

ATTACHMENT(S)

1. Previous Action

2. MND Council Resolution

3. VTSM Council Resolution

4. Design Review Council Resolution

5. Architectural Project Plans

6. VTSM Plans

7. Landscape Plans

8. Project Description

9. Interim Objective Design Standards

10.MND Public Comments

11.CEQA Comment Letter Response

12.July 2, 2024 Planning Commission staff report (without attachments)

13.CEQA Errata Sheet

ATTACHMENT 1

PREVIOUS ACTIONS
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 June 4, 2024, the Planning Commission approved a continuance of the project to the July 2, 2024 Planning Commission meeting due to a discrepancy that was discovered in the Mitigated Negative Declaration (MND) after the publication of the agenda packet.

On July 2, 2024, the Planning Commission recommended the City Council approve the project by adopting (1) Resolution No. 24-028, approving the Initial Study/Mitigated Negative Declaration, (2) Resolution No. 24-029, approving the Vesting Tentative Subdivision Map 9649, and (3) Resolution No. 24-030, approving Design Review No. 23- 012.

CITY COUNCIL RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH#2024050112)

AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ORCHARD GROVE NORTH PROJECT (VTSM 9649 AND DR 23-012), LOCATED

EAST OF ADAMS LANE, DIRECTLY SOUTH OF THE ROCK CHURCH AND VINEYARD ACADEMY (APN 016-040-004).

WHEREAS, Shea Homes (the “Applicant”) submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9649) and Design Review (DR 23-012), to develop its proposed Orchard Grove North project, a 34-lot residential subdivision to be developed on a 9.6-acre site located at 1901 Lone Oak Road, east of Adams Lane and south of The Rock Church and Vineyard Academy (the “Project Site,” identified as APN016-040-004); and
WHEREAS, collectively, the Vesting Tentative Subdivision Map (VTSM 9649), which includes a request for a density bonus under the State Density Bonus Law and associated waivers, and the Design Review (DR 23-012) 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 and incorporated herein by this reference; and WHEREAS, the City has prepared an errata sheet to accompany the Initial Study and MND to correct an inconsistency and incorporate the accurate Cultural Resources Study (the “Errata Sheet”). The Errata Sheet is attached hereto as a component part of Exhibit ‘A’, Attachment 1, 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 May 3, 2024, to June 3, 2024; 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 May 3, 2024 in accordance with City policies and Government Code Section 65090; and
WHEREAS, at the June 4, 2024 Planning Commission meeting, staff requested that the item be continued to the July 2, 2024 meeting due to a clerical error in the MND, which was corrected through the Errata Sheet; and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of July 2, 2024, 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 voted to adopt Resolution No. 24-028, recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Program for the proposed Orchard Grove North 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 July 12, 2024 in accordance with City policies and Government Code Section 65090; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of July 23, 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 Initial Study, 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 Orchard Grove North Project dated April 2024, attached hereto as Exhibit ‘A’, including the MMRP attached thereto and the Errata Sheet attached thereto as Attachment ‘1’.

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 July 23, 2024, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program dated October 2023, Exhibit ‘A’
Errata Sheet, Attachment 1 to Exhibit ‘A’
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. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A VESTING TENTATIVE SUBDIVISION MAP (VTSM 9649) TO SUBDIVIDE ONE 9.6-ACRE PARCEL TO CREATE 34 SINGLE-FAMILY RESIDENTIAL LOTS, A REMAINDER 0.4-ACRE PARCEL, ONE BIO-RETENTION

BASIN, AND OTHER RELATED IMPROVEMENTS, INCLUDING A DENSITY BONUS RESULTING IN AN OVERALL PROJECT DENSITY OF 3.54 UNITS PER

GROSS ACRE AND ASSOCIATED WAIVERS INCLUDING A DENSITY

TRANSITION WAIVER FOR ORCHARD GROVE NORTH, LOCATED EAST OF

ADAMS LANE, DIRECTLY SOUTH OF THE ROCK CHURCH AND VINEYARD ACADEMY (APN 016-040-004).

WHEREAS, Shea Homes (the “Applicant”), submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9649) and Design Review (DR 23-012), to develop its proposed Orchard Grove North Project, a residential subdivision project proposed to be developed on a 9.6-acre site located east of Adams Lane, directly south of The Rock Church and Vineyard Academy (APN 016-040-004) (the “Project Site”); and WHERAS, collectively, Vesting Tentative Subdivision Map (VTSM 9649), which includes a request for a density bonus and associated waivers under the State Density Bonus Law, and Design Review (DR 23-012) 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 May 3, 2024 in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during the same timeframe; and
WHEREAS, at the June 4, 2024 Planning Commission meeting, staff was granted a request that the item be continued to the July 2, 2024 meeting due to a clerical error in the MND; and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of July 2, 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 July 2, 2024 the Planning Commission voted to approve Planning Commission Resolution No. 24-029, recommending the City Council approve Vesting Tentative Subdivision Map (VTSM 9649); 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 July 12, 2024 in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of July 23, 2024, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project; and
WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration (IS/MND) SCH#2024050112 for this project in accordance with the CEQA Guidelines, and at its July 2, 2024 meeting, the City Council adopted said IS/MND, including its accompanying Mitigation Monitoring and Reporting Plan and Errata Sheet, through adoption of Resolution No. 2024- ___..

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 proposes a land use pattern that provides for a diverse and self-sufficient community that offers a broad spectrum of housing by providing 30 detached single-family market rate homes and four attached affordable duet units.
b. Goal H-1. (“Facilitate a diversity of housing opportunities to enhance the City's living environment and to satisfy the shelter needs of all Brentwood residents.”) The project provides a diversity of housing opportunities by providing 30 detached single-family market rate homes and four attached affordable duet units. The four affordable units include a variety of affordability levels. Two of the units are affordable to households

qualifying as Very Low Income and two of the units affordable to households qualifying as Moderate Income.
c. Goal H-2 (“Encourage housing that is affordable to all socioeconomic segments of Brentwood’s population.”) The project includes four affordable units with varying levels of affordability.

Two units are affordable to moderate income households and two for very low income households for the Brentwood population. 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 complies with the Affordable Ordinance by providing affordable units in accordance with the City’s adopted affordable housing ordinance that was in effect at the time the project was deemed complete and per the Brentwood Municipal Code (BMC 17.725.003D), projects of twenty-seven to thirty-four units shall contain one low-income unit, two moderateincome units, and one very low-income unit. Pursuant to the City’s ordinance and consistent with definitions of the state law, a very low-income unit qualifies as a low income unit and therefore the project complies by providing two very low-income units and two moderate-income units. In addition, the project developer would be required to enter into an Affordable Housing Agreement with the City prior to final map approval.
e. Action H 2i (“Density Bonus Ordinance: Assembly Bill 2345, Chapter 197 Statutes 2020 requires a density bonus of up to 50 percent when a qualifying percentage of Below Market Rate (BMR) units are proposed.”) The project site is within the General Plan Residential Very Low Density (R-VLD) land use designation, which provides for a density range from 1.1 to 3.0 dwelling units per acre. Pursuant to the State Density Bonus law, an applicant may obtain additional density without requiring a rezone or General Plan land use designation change, 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 density bonus is set on a sliding scale, based on the percentage of affordable units provided. The applicant is proposing to provide six percent (6%) 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 State’s sliding scale allows for a

22.5% density bonus for projects that offer 6% very low income units. Here, the applicant is proposing a 17.2% density bonus.

The 34 units proposed units results in an overall density of 3.54 dwelling units per acre.
f. Goal H3 (“Equitable Distribution of affordable housing: Encourage an equitable distribution of housing for all economic groups throughout the community.”) By providing a mixture of market rate, moderate, and very low income units, the project achieves and maintains an equitable distribution of housing types available to all economic groups. The Regional Housing Needs Allocation (RHNA) for Brentwood for the 6th Cycle requires planning for the development of 1,522 new affordable housing units, including 402 units for extremely low/very low-income households and 641 for above moderate-income for the next 2023-2031 housing element cycle. The proposed project would contribute 4 affordable units and 30 above moderate units that are all anticipated to be counted toward the 2023-2031 cycle consistent with the
provisions in the Housing Element. Additionally, the two sets of duet units will be spread throughout the proposed subdivision. g. Action H 3a (“Affordable Housing Design and Distribution: All affordable units within a mixed-income subdivision shall be harmonious and comparable to the market-rate units in exterior design, quality of materials and architectural elements, and overall construction quality. Affordable units may have different interior amenities and/or slightly different dimension than market rate units in a residential development. Affordable units in a mixed-income development shall be dispersed throughout the residential development so as to prevent the concentration of affordable units.”) The duet housing product proposed for the affordable units provides for a four-bedroom, two-story home with a two-car garage. This home design is comparable in bedroom and bathroom count, garage configuration, and floor plan layout with the market rate homes, although of smaller total square footage as is allowed under Brentwood affordable housing ordinance. The design and distribution of the affordable units are comparable to the market rate units in exterior design, materials, architectural elements, and overall construction quality, as well as the number of bedroom and proportion of bedroom types. The affordable units are also dispersed throughout the residential development.
h. Goal H 4 (“Housing Opportunities: Promote equal housing opportunities for all residents of Brentwood.”) The project

provides 30 market rate homes and 4 affordable units; two affordable to very low-income households and two affordable to moderate-income households. The proposed project would be anticipated to contribute four affordable units to the 2023-2031 allocation cycle consistent with the provisions in the Housing Element.

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 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 well-connected system of streets, roads, highways, sidewalks, and paths that effectively accommodates vehicular and nonvehicular traffic in a manner that considers the context of surrounding land uses and the needs of all roadway users.”) Access to the site would be via two existing (currently under construction) access points off Adams Lane, which borders the property to the west, and the subdivision will tie into the public loop street that is also under construction for the Orchard Grove project (first phase). The two projects will connect for an overall design of one continuous project. This design ensures the subdivision is consistent with the community and its development and provides well-connected streets within the development. The project’s internal street is approximately 56 feet in width with sidewalks connecting to the existing sidewalk on Adams Lane.

Adams Lane will be widened along the project frontage to accommodate through traffic and new turning movements into and out of the proposed project. Full right-of way improvements would be constructed within the street, including utilities, curb, gutter, and a separated sidewalk with a landscape strip. 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 will connect with the previously approved Orchard Grove project located directly to the south, for an overall design of one continuous project ensuring that development occurs in a logical and orderly manner. The proposed project is considered an infill site as it is within the City limits, in 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 with a bio-retention basin constructed at the northeast corner of the site pursuant to Contra Costa County and State Water Resources Control Board
regulations.
c. Policy LU 1-5 (“Encourage new development to be contiguous to existing development, whenever possible.”) Full right-of-way improvements would be constructed within the street, including utilities, curb, gutter, and a separated sidewalk with a landscape strip. The subdivision would tie into the previously approved Orchard Grove subdivision directly to the south and would be oriented and designed to match and be consistent to appear as one contiguous subdivision, thus creating a fabric of viable and interrelated neighborhoods.
d. 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 No. 9649 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 State Density Bonus Law.

The project site is zoned R-1-E, which allows for up to 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. Therefore, the proposed 9.6-acre project is allowed to build up to the base density of 29 dwelling units (§ 65915 (o)(4)). The applicant is invoking the State Density Bonus Law, a state mandate which allows for a “density bonus”, an amount over and above the allowable residential density when a project includes an affordability component.

Pursuant to the State Density Bonus Law, 34 units are proposed, which will result in a density of 3.54 dwelling units per acre.

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. In addition, no easements have been acquired by the public at large across this site.

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 six percent (6%) 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 site is subject to a maximum density of 3.0 units per acre per the zoning requirements, and General Plan

land use designation with a density range of 1.1-3.0 units per gross acre.

The 9.6-acre Project proposes to include 30 market rate units, 2 units affordable to very-low income households, and 2 units affordable to moderate-income households. The Planning Commission reviewed the project’s eligibility and recommended the City Council grant the requested

17.2% increase in density, resulting in a total Project density of 3.54 units per gross acre. 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 six percent (6%) 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 has not requested any concessions.

4. Requested waivers. The Project has requested the following waivers.

Having determined that there are no grounds under the law for denying these requested waivers, the City Council hereby grants them for the reasons stated below:

General Plan
Transition Policy
Waiver Request Analysis
1 General Plan Density
Transition Policy (LU2a) requires
minimum of 20,000
square foot lot sizes
for certain lots along
the exterior of the
project.

Waive the General Plan
Density Transition Policy
requirements for lots on the
northern & eastern edge of
the site to instead range
from 3,867 sq. ft. for the
duet lots and between
10,429 sq. ft. to 13,389
square feet for the
detached single-family lots.

The proposed development is
subject to the General Plan
Transition Policy LU-2a
requiring 20,000 sf minimum
lot sizes on the northern and
eastern borders of the
property. Requiring those lots
to strictly adhere to this policy
would physically preclude
construction at the proposed
density because it would result
in elimination of multiple lots
from the land plan.

R-1-E Zoning
Standard
Waiver Request Analysis
2 Minimum lot size
is 14,500 sf;
minimum lot size can
be reduced to 10,000
sf for conditionally
permitted uses
Minimum lot sizes for the
market rate units reduced to
8,000 sf.

Larger lot sizes would
physically preclude
construction of the project at
the proposed density. The
applicant ran a sample land
plan scenario showing the
constraints of 10,000 sf
minimum lot sizes on the
project as a whole, the 20,000

General Plan
Transition Policy
Waiver Request Analysis
sf minimum on the lots
adjacent to existing large lot
residential, and the various
other land use controls. The
maximum number of units
possible on this site under
those conditions would be 28
units, including the four
affordable unit required per the
City’s Affordable Housing
ordinance. The reduction to
8,000 sf minimum lot sizes for
the market rate units is
necessary to allow for
construction of the 34-unit
project.
3 Minimum lot sizes for the
affordable units reduced to
3,750 sf.

The duet housing product
proposed for the affordable
units provides for a fourbedroom, two story home with
a two car garage. This design
is consistent with the bedroom
and bathroom count, garage
configuration, and floor plan
layout with the market rate
homes, with the exception of
total square footage, as
allowed under the City’s
Affordable Housing ordinance.

A larger lot size requirement
than what is proposed would
impact the setbacks of the
remaining homes on the block.

Without this waiver, the
proposed project would be
physically precluded from being
constructed at the proposed
density, even with the
requested waivers for the
market rate units.
4 Minimum lot width is
100 feet
Minimum lot width for the
market rate units reduced
from 100 feet wide to 80
feet wide as, measured at
the rear lot line.

Increased lot widths would
physically preclude
construction of the project as
larger lot widths would
therefore lend to larger lot sizes

General Plan
Transition Policy
Waiver Request Analysis
and further would reduce the
overall number of units possible
on the site. The reduction in
the minimum lot dimensions is
necessary to allow for
construction of the 34-unit
project, while also allowing for
a housing product consistent
with the surrounding
neighborhoods and
economically feasible in the
marketplace.
5 Minimum lot dimensions for
duet units shall be reduced
from 100 feet wide to 40
feet, wide as measured at
the rear lot line.

The duet housing product
proposed for the affordable
units provides for a four
bedroom, two story home with
a two car garage. This home
design is comparable in
bedroom and bathroom count,
garage configuration, and floor
plan layout with the market
rate homes, although of
smaller total square footage, as
is allowed under Brentwood
affordable housing ordinance.

The lot dimensions proposed
are appropriate to the proposed
architecture and provide for
comfortable and livable
setbacks. Lot dimensions any
larger than what is proposed
would not materially improve
the duet homes and would
significantly impact the lot sizes
and setbacks of the remaining
lots and homes in the
subdivision. Without this
waiver, the proposed density
project would be physically
precluded from building the 34
units allowed, even with the
other requested waivers for
setbacks and lot sizes.
6 Minimum front yard
setback is 20 feet.

Minimum front yard
setbacks include an
The requested waiver is to
allow for a 15-foot front

General Plan
Transition Policy
Waiver Request Analysis
allowance to decrease the
front setback to 15 feet to
living space, yet maintain
the existing 20 feet to the
garage.
setback to any living space that
may project forward of the
garage. This waiver is
necessary to support the
proposed architecture as
described above while
preserving reasonable rear
yard setbacks. Without this
waiver, lot depths would have
to increase, resulting in the
reduction of the total number of
units proposed for the project,
and physically precluding the
proposed 34-unit density bonus
project.
7 Minimum side yard
setback is 10 feet,
the sum of both sides
is 25 feet.

Minimum side yard setback
reduced from 10 feet
minimum to 7 feet minimum
and reduced from 25 feet in
aggregate to 20 feet in
aggregate.

The requested waiver is to
allow for a setback reduction of
3 feet on the minimum and 5
feet on the aggregate side yard
setback. This is necessary to
support the proposed
architecture as described above
and accommodating lot widths
necessary to achieve the
densities allowed under the
density bonus. Without this
waiver, the project could not be
physically constructed at the
proposed density because
increased lot widths would
reduce the total number of
units proposed for the project.
8 Side yard setback for
duet units.

Side yard setbacks shall
include a provision for a zero
setback on the lot line
defining the common wall
between duets.

Because the duet units are
proposed to be fee simple
ownership, individual legal lots
must be mapped. A zero
setback is required on the lot
line that splits the building.

Without this waiver, the
proposed duets could not be
physically constructed and thus
the project could not be
physically constructed at the
proposed density.

General Plan
Transition Policy
Waiver Request Analysis
9 Minimum rear yard
setback is 30 feet.

Minimum rear yard setback
shall be reduced from 30
feet to 15 feet.

A 15-foot minimum rear yard
setback is necessary to support
the proposed architecture while
preserving the minimum front
yard setbacks. Without this
waiver, the project could not be
physically constructed at the
proposed density because
increased lot depths would
reduce the total number of
units.

Objective Design
Standards*
Waiver Request Analysis

1.1 (D)
Minimum setback of
30 feet between
sound walls and
bordering arterial and
collector streets.

Minimum setback shall be
15 feet.

Compliance with the 30-foot
setback would physically
preclude the project from
constructing the proposed
number of units because an
increased setback would
reduce the number of units.

Staff also notes that this
development standard is not
consistent with existing sound
walls on Adams Lane or any
other minor arterial in
Brentwood.

2.2 (E)1
A minimum of one
unit on each lot must
have the front entry
door facing the
street.

Allow eight lots to have
entry doors not facing the
street.

The proposed subdivision has
some lots that gain access via a
shared access drive aisle off of
the public street and therefore
these homes are not oriented
facing the public street. Some
of the entrance doors for the
duet units are located on the
side in order to match the rest
of the subdivision. The
requirement to have these lots
face the street would physically
preclude construction of the
number of proposed lots as
there is not enough room for all
lots to fit with frontage on the
street.

2.2 (E)2
& 3
Where the housing
development
comprises two sideby-side detached
Allow the duet units to have
front doors both facing the
same street.

Some of the entrance doors for
both of the duet units are
located on the front in order to
match the rest of the

General Plan
Transition Policy
Waiver Request Analysis
units positioned along
the street frontage,
each unit must have
the front entry door
facing the street.

Where two units are
proposed to be
attached and are
located on an interior
lot, one of the two
units must have its
front entry door
facing the street, and
the other unit must
have its front entry
door on the building
side or rear.
subdivision and appear as one
single-family home. The duets
cannot be physically
constructed to comply with this
requirement and thus without
the waiver, the project could
not be constructed at the
proposed density.

5. Requested Interim Objective Design Standard Exceptions. The applicant has requested the following exceptions from three of the IODS. The Council hereby grants the following for the reasons stated below:

Interim Objective Design Standard Exceptions
2(E)7 Street-facing
doors must
provide 6 sq.
ft. of glazing.

Allow some
architectural
styles a
reduction in the
required glazing
square footage.

The elevation styles that are
appropriate for glazing will have at
least six square feet such as the
Craftsman style. Other styles where
this is not appropriate architecturally
are requesting an exception. Applicant
is requesting a modification from the
ODS.

2.2(J)2 Exterior wall
planes
exceeding
250 square
feet in area
must provide
glazing for
30% of the
total wall
area.

Allow some
areas of the
home a
reduction in
glazing due to
location.

This requirement is not possible to
achieve on certain areas of the homes,
such as attic space gables, garages,
utility walls, etc., therefore a waiver is
being requested. Applicant is
requesting a modification from the ODS
in this regard.

2.2(k)2c When stucco
is used, it
must be used
in
combination
Allow Spanish
elevations a
reduction in the
20%
requirement of a
The Spanish elevation has introduced
mosaic tile accents on the front
elevation. While this does not result in
20% of the frontage being a different
material, it does introduce a second

with a least
one other
wall material,
which must
comprise of
at least 20%
of the
building
frontage,
excluding
windows and
railings.
secondary
material.
material, different than stucco, that is
appropriate to the style. All other
elevations comply. Applicant is
requesting a modification from the ODS
in this regard.

C. Hereby approves Vesting Tentative Subdivision Map (VSTM 9649), including the requested density bonus and density bonus waivers identified above, 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 July 23, 2024, by the following vote:

AYES:

NOES:

ABESENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

EXHIBIT ‘A’ TO
CITY COUNCIL RESOLUTION NO. 2024-_____

CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE SUBDIVISION MAP (VTSM 9649)

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 No. 9649 (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 all applicable laws and regulations and 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 Vesting Tentative Subdivision Map No. 9649 prepared by CBG Civil Engineers dated “Received February 19, 2024” unless otherwise amended by the conditions of approval contained herein.

4. The approval of Vesting Tentative Subdivision Map No. 9649 is effective only after adoption of the MND prepared to analyze the Project.

5. Permittee shall comply with and perform each and every mitigation measure set forth in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project, as adopted by City Council Resolution No. ______.

6. 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 9649, and DR 23-012, 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 9649, and the remainder of this obligation shall be unaffected by said Government Code section.

7. 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). Permittee’s eligibility for development subject to these laws is contingent upon Permittee’s construction of two (2) housing units that shall be made available for sale to households of very-low incomes for the term proscribed in the law.

8. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.725 (“Affordable Housing”) as codified on the date upon which Permittee’s application was deemed complete. In this regard, Permittee shall construct two (2) housing unit that shall be made available to very-low income households and two (2) housing units that shall be made available to moderate-income households.

9. Lot 31 shall be plotted with a single-story home.

10. No two elevation styles/plans for the homes may be located adjacent or directly across the street from one another.

11. 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.

12. 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.

13. Permittee shall install maximum masonry wall at a maximum height of seven feet, along the northern boundary of the project site, and a split face block concrete perimeter wall along Adams Lane. Additionally, Permittee shall install residential wood good neighbor fences for all lots at a maximum height of seven feet. Fence details shall be included in the final landscape plans to the satisfaction of the Community Development Director.

14. Residential wood fences shall meet the minimum requirement of the City’s Enhanced Residential Good Neighbor Fence detail (ST-22).

15. 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.

16. 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.

17. 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.

18. Permittee shall be subject to and shall pay in full all park in-lieu fees per the City’s 2019 Parks, Trails and Recreation Master Plan to the satisfaction of the Director of Parks and Recreation.

19. The Project shall be consistent with all applicable City’s General Plan Goals, Policies, and Actions.

20. 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.

21. 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. Grading shall comply with Brentwood Municipal Code Chapter 15.52 “Grading, Erosion and Sediment Control.”
n. 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.”
o. 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.”
p. 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.
q. 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.”
r. 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.”
s. Utilities shall be installed underground pursuant to Brentwood Municipal Code Section 16.120.120 “Undergrounding – Electric, Communication, Street Lighting and Advanced Technology Systems.”
t. 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.
u. Permittee shall make all land dedications pursuant to Brentwood Municipal Code Sections 16.140 and 16.150.

22. Prior to issuance of 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. Grading Plans shall include a sufficient number of cross-sections adjacent to creeks, floodplains, and wetland areas showing the proximity of these features to proposed grading and building foundations to the satisfaction of the City Engineer.
d. Pursuant to Brentwood Municipal Code 15.070.320, Grading Plans shall identify any special flood hazard area and the elevation of the base flood.
e. 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 16.120.080C. The analysis shall include conveyance capacity of the existing onsite creek, if any.

23. Prior to issuance of an encroachment permit or approval of Improvement Plans:

a. Permittee shall design improvements to accommodate a travel lane and bike lane in each direction, painted median/turning lane, curb and gutter, sidewalk, landscaping and street lighting along Adams Lane project frontage to the satisfaction of the City Engineer as shown on the proposed Vesting Tentative Map.
b. Permittee shall design improvements along the Lone Oak Road project frontages that will include curb, storm drain, landscaping and irrigation to the satisfaction of the City Engineer as shown on the proposed Vesting Tentative Map.
c. Permittee shall design improvements to connect to the non-potable water system and provide non-potable irrigation to Parcel A (bioretention basin).
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.

24. Prior to approving the Final Map:
a. Final Map shall comply with the current Subdivision Map Act. b. Final map shall include street right of way dedications along Lone Oak Road and will not be accepted until Lone Oak Road within said dedication is improved to City Standards, subject to City Engineer approval. c. Final Map shall show the relinquishment of abutter’s rights of access along Adams Lane, Lone Oak Road and adjacent to all accessible ramp locations to the satisfaction of the City Engineer.
d. 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.
e. The Project shall annex into the most current Emergency Medical and Fire Protection Service Funding Community Facilities District as required by the Contra Costa County Fire Protection District and Brentwood Municipal Code Chapter 17.635.
f. 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. Permittee shall dedicate parcels with said facilities to a Homeowners Association or similar private entity in fee. g. Final Map shall include approved street names by the Fire District and Community Development Department. All public streets shall be irrevocably offered for dedication.
h. 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.

25. Prior to issuance of any Building Permits:
a. Permittee shall underground existing overhead utilities along the project frontage of Lone Oak Road to the satisfaction of the City Engineer. b. All on-site improvements and Trellis Circle 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.
c. 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.
d. Permittee shall provide an approval signed and sealed by a geotechnical or structural engineer that there is adequate clearance between building foundations and creeks.
e. Permittee shall pay all Development Impact Fees pursuant to, or otherwise comply with the latest City of Brentwood Development Impact Fee Program.

f. Permittee shall provide documents signed by a licensed engineer on building pad elevation, compaction, and appropriate remediation from unsuitable soils.
g. Permittee shall demonstrate that all acoustic mitigations have been incorporated into applicable plans.

26. Prior to issuance of the 21st building permit, the landscaping improvements on the basin parcel (Parcel A), along the project’s Adams Lane frontage, and along the Lone Oak frontage shall be completed to the satisfaction of the Director of the Parks and Recreation Department and the Director of Community Development Department and in the 90-day maintenance period prior to acceptance.

27. East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan requirements:

Preconstruction surveys are required and shall be conducted in accordance with the requirements set forth in section 6.4.3, SpeciesLevel Measures, and Table 6-1 of the ECCC HCP/NCCP. Detailed descriptions of preconstruction surveys, avoidance and minimization, and construction monitoring applicable to each of the wildlife species is below.

The below conditions must be satisfied PRIOR to any construction or improvement of the site” or “Conditions of approval that must be satisfied PRIOR to or in conjunction with grading permit issuance.” A. The project is receiving permit coverage under the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (“ECCC HCP/NCCP” or “the Plan”). All applicable avoidance, minimization and mitigation measures of the ECCC HCP/NCCP will be imposed on the project. The project will receive take authorization under the City’s incidental take permit from the United States Fish and Wildlife Service (USFWS) issued pursuant to Section 10(a)(1)(B) of the Federal Endangered Species Act (permit number: TE 160958- 0) and the City’s incidental take permit from the California Department of Fish and Wildlife (CDFW) issued pursuant to California Fish and Wildlife Code Section 2835 (permit number 2835-2007-01- 03).

B. Prior to the issuance of grading or construction permits for the project site and in accordance with the final ECCC HCP/NCCP Planning Survey Report application dated August 2023, the applicant shall pay the required ECCC HCP/NCCP Development Fee of $184,544.40 for 9.41- acres of impact (the fee is subject to annual adjustments, in accordance with Chapter 9.3.1 of the ECCC HCP/NCCP) and receive a Certificate of Coverage from the City of Brentwood. The Certificate of Coverage will confirm that the fee has been received, that other ECCC

HCP/NCCP requirements have been met or will be performed, and will authorize take of covered species.

C. Prior to the issuance of grading or construction permits for the project site and in accordance with the final ECCC HCP/NCCP Planning Survey Report application dated August 2023 the applicant shall submit a construction monitoring plan to the East Contra Costa County Habitat Conservancy (the Plan’s Implementing Entity) for review and approval.

1. Western Burrowing Owl:
a. Prior to any ground disturbance related to covered activities, a USFWS/CDFW-approved biologist shall conduct a preconstruction survey in areas identified in the planning surveys as having potential burrowing owl habitat. The surveys shall establish the presence or absence of Western Burrowing Owl and/or habitat features and evaluate use by owls in accordance with CDFW survey guidelines (California Department of Fish and Game 1995).
b. On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 500-foot radius from the perimeter of the proposed footprint to identify burrows and owls.

Adjacent parcels under different land ownership will not be surveyed.

Surveys should take place near sunrise or sunset in accordance with CDFW guidelines. All burrows or burrowing owls will be identified and mapped. Surveys will take place no more than 30 days prior to construction. During the breeding season (February 1– August 31), surveys will document whether burrowing owls are nesting in or directly adjacent to disturbance areas. During the nonbreeding season (September 1–January 31), surveys will document whether burrowing owls are using habitat in or directly adjacent to any disturbance area. Survey results will be valid only for the season (breeding or nonbreeding) during which the survey is conducted.

Copies of both surveys shall be submitted to ECCC Habitat Conservancy and the City for review and approval.
c. If burrowing owls are found during the breeding season (February 1–August 31), the project proponent will avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young.

Avoidance will include establishment of a non- disturbance buffer zone (described below). Construction may occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg-laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1– January 31), the project proponent should avoid the owls and the burrows they are using, if possible. Avoidance will include the establishment of a buffer zone (described below).
d. During the breeding season, buffer zones of at least 250 feet in which no construction activities can occur will be established around each occupied burrow (nest site). Buffer zones of 160 feet will be

established around each burrow being used during the nonbreeding season. The buffers will be delineated by highly visible, temporary construction fencing.
e. If occupied burrows for burrowing owls are not avoided, passive relocation will be implemented. Owls should be excluded from burrows in the immediate impact zone and within a 160-foot buffer zone by installing one-way doors in burrow entrances. These doors should be in place for 48 hours prior to excavation. The project area should be monitored daily for a week to confirm that the owl has abandoned the burrow. Whenever possible burrows should be excavated using hand tools and refilled to prevent reoccupation (California Department of Fish and Game 1995). Plastic tubing or a similar structure should be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow.

2. Swainson’s Hawk
a. Prior to any ground disturbance related to covered activities that occurs during the nesting season (March 15–September 15), a qualified biologist will conduct a preconstruction survey no more than 1 month prior to construction to establish whether Swainson’s hawk nests within 1,000 feet of the project site are occupied. If potentially occupied nests within 1,000 feet of the project site are found, then their occupancy will be determined by observation from public roads or by observations of Swainson’s hawk activity (e.g., foraging) near the project site. If nests are occupied, minimization measures and construction monitoring are required (see below). A copy of the preconstruction survey shall be submitted to the ECCC Habitat Conservancy and the City for review and approval.
b. During the Swainson’s hawk nesting season (March 15– September 15), covered activities within 1,000 feet of occupied nests or nests under construction will be prohibited to prevent nest abandonment. If site-specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be used, the Implementing Entity will coordinate with California Department of Fish and Wildlife (CDFW)/United States Fish and Wildlife (USFWS) to determine the appropriate buffer size. If young fledge prior to September 15, covered activities can proceed normally. If the active nest site is shielded from view and noise from the project site by other development, topography, or other features, the project applicant can apply to the ECCC Habitat Conservancy and the City for a waiver of this avoidance measure. Any waiver must also be approved by USFWS and CDFW. While the nest is
occupied, activities outside the buffer can take place. No trees will be removed during project construction.
c. All active nest trees will be preserved on site, if feasible. Nest trees, including non-native trees, lost to covered activities will be

mitigated by the project proponent according to the requirements below.
d. The loss of non-riparian Swainson’s hawk nest trees will be mitigated by the project proponent by:
i. If feasible on-site, planting 15 saplings for every tree lost with the objective of having at least 5 mature trees established for every tree lost according to the requirements listed below.

AND either

1. Pay the Implementing Entity an additional fee to purchase, plant, maintain, and monitor 15 saplings on the HCP/NCCP Preserve System for every tree lost according to the
requirements listed below, OR

2. The project proponent will plant, maintain, and monitor 15 saplings for every tree lost at a site to be approved by the Implementing Entity (e.g., within an HCP/NCCP Preserve or existing open space linked to HCP/NCCP preserves),
according to the requirements listed below.
a. The following requirements will be met for all planting options:
i. Tree survival shall be monitored at least annually
for 5 years, then every other year until year 12. All
trees lost during the first 5 years will be replaced.

Success will be reached at the end of 12 years if at
least 5 trees per tree lost survive without
supplemental irrigation or protection from
herbivory. Trees must also survive for at least three
years without irrigation.
ii. Irrigation and fencing to protect from deer and
other herbivores may be needed for the first several
years to ensure maximum tree survival.
iii. Native trees suitable for this site should be planted.

When site conditions permit, a variety of native
trees will be planted for each tree lost to provide
trees with different growth rates, maturation, and
life span, and to provide a variety of tree canopy
structures for Swainson’s hawk. This variety will
help to ensure that nest trees will be available in
the short term (5-10 years for cottonwoods and
willows) and in the long term (e.g., Valley oak,
sycamore). This will also minimize the temporal loss
of nest trees.
iv. Riparian woodland restoration conducted as a result of covered activities (i.e., loss of riparian woodland) can be used to offset the nest tree planting

requirement above, if the nest trees are riparian
species.
v. Whenever feasible and when site conditions permit,
trees should be planted in clumps together or with
existing trees to provide larger areas of suitable
nesting habitat and to create a natural buffer
between nest trees and adjacent development (if
plantings occur on the development site).
vi. Whenever feasible, plantings on the site should
occur closest to suitable foraging habitat outside
the UDA.
vii. Trees planted in the HCP/NCCP preserves or other
approved offsite location will occur within the
known range of Swainson’s hawk in the inventory
area and as close as possible to high-quality
foraging habitat.

3. Golden Eagle
a. Prior to implementation of covered activities, a qualified biologist will conduct a preconstruction survey to
establish whether nests of golden eagles are occupied. If nests are occupied, minimization requirements and
construction monitoring will be required.
b. Covered activities will be prohibited within 0.5 mile of active nests. Nests can be built and active at almost any time of the year, although mating and egg incubation
occurs late January through August, with peak activity in March through July. If site-specific conditions or the
nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a
smaller buffer could be appropriate or that a larger buffer should be implemented, the ECCC Habitat Conservancy
and the City will coordinate with CDFW/USFWS to
determine the appropriate buffer size.
c. Construction monitoring will focus on ensuring that no covered activities occur within the buffer zone established around an active nest. Although no known golden eagle
nest sites occur within or near the ULL, covered activities inside and outside of the Preserve System have the
potential to disturb golden eagle nest sites. Construction monitoring will ensure that direct effects to golden eagles are minimized.
d. Conservation Measure 3.10 Plant Salvage when Impacts are Unavoidable
e. If implementation of the project cannot feasibly avoid impacts on covered plants, the project applicant shall
notify the ECCC Habitat Conservancy of their construction schedule to allow the ECCC Habitat Conservancy the

option to salvage plant populations. See HCP pages 6-48 to 6-50.

D. HCP/NCCP Conservation Measure 1.11. Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Migratory Birds. The project applicant shall avoid all impacts on extremely rare plants and fully protected species listed in Table 6-5 of the ECCC HCP/NCCP in accordance with ECCC HCP/NCCP protocol. See ECCC HCP/NCCP pages 6-23 to 6-25, and Table 6-5.

E. HCP/NCCP Conservation Measure 1.10. Maintain Hydrologic Conditions and Minimize Erosion. The project applicant shall avoid or minimize direct and indirect impacts on local hydrological conditions and erosion by incorporating the applicable Provision C.3 Amendments of the Contra Costa County Clean Water Program’s (CCCCWP’s) amended NPDES Permit (order no. R2-2003-0022; permit no. CAS002912). See ECCC HCP/NCCP pages 6-21 to 6-22.

28. Prior to issuance of a grading permit or improvement plans the applicant shall comply with all Department of Toxic Substances Control (DTSC) requirements as follows:
a. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition, and disposal of any of the above-mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or formers buildings should be conducted in accordance with DTSC Preliminary Endangerment Assessment (PEA) Guidance Manual.
b. DTSC recommend that all imported soil and infill material should be tested to ensure any contaminants of concern are within DTSC’s and U.S. Environmental Protection Agency (USEPA) Regional Screen Levels (RSLs) for the intended land use. to minimize the possibility of introducing contaminated soil and fill materials there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material meets screening levels outline in the PEA for the intended land use. The soil sampling should include analysis based on the source of the infill and knowledge of the prior land use. c. When agricultural crops and/or and uses are rezoned for residential uses, a number of contaminants of concern can be present. The Lead Agency shall identify the amounts of Pesticides and Organchorine Pesticides (OCPs) historically used on the property. If present, OCPs requiring further anyalysis are Dichlorodiphenyltrichloroethane (DDT), toxaphene, and dieldrin. Additionally, any level of arsenic present would require further analysis and sampling and must meet Human Health Risk Assessment Note Number 3 approved thresholds outlined in the PEA

Guidance Manual. If they do not, remedial action must take place to mitigate them below those thresholds. For boring and analyses recommendations under 50 acres, refer to the DTSC Interim Guidance for Sampling Agricultural Properties; otherwise contact DTSC for approval over 50 acres.

Additional chemicals of concern may be found in mixing/loading/storage area, drainage ditches, farmhouses, or any other outbuildings and should be sampled and analyzed. If smudge pots had been routinely utilized, additional sampling for Polycyclic Aromatic Hydrocarbons (TPHs) and may be required.

CITY COUNCIL RESOLUTION NO. 2024-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING DESIGN REVIEW (DR 23-012) FOR SIX HOME PLANS (30 MARKET RATE HOMES AND FOUR DUET UNITS) FOR 34 SINGLE-FAMILY

RESIDENTIAL LOTS FOR THE ORCHARD GROVE NORTH SUBDIVISION

LOCATED EAST OF ADAMS LANE, DIRECTLY SOUTH OF THE ROCK CHURCH AND VINEYARD ACADEMY (APN 016-040-004).

WHEREAS, Shea Homes (the “Applicant”) submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9649) and Design Review (DR 23-012), to develop its proposed Lone Tree Way Project, a residential subdivision project proposed to be developed on a 9.6-acre site east of Adams Lane, directly south of The Rock Church and Vineyard Academy (APN 016-040-004); and
WHEREAS, collectively, Vesting Tentative Subdivision Map (VTSM 9649), which includes a request for a density bonus and associated waivers under the State Density Bonus Law, and Design Review (DR 23-012) 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 May 3, 2024 in accordance with City policies and Government Code Section 65090 and a public hearing notice sign was posted on the site during this same timeframe from the June 4, 2024 Planning Commission hearing; and WHEREAS, at the June 4, 2024 Planning Commission meeting, staff was granted a request that the item be continued to the July 2, 2024 meeting due to a clerical error in the MND; and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of July 2, 2024, 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 23-012; 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 July 12, 2024 in accordance with City policies and Government Code Section 65090 and a public hearing notice sign was posted on the site during this same timeframe; and

WHEREAS, the City Council held a public hearing on this project at its regular meeting of July 23, 2024, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project; and
WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration (SCH#2024050112) for this project in accordance with CEQA and the CEQA Guidelines, and at its July 23, 2024 meeting, the City Council adopted said MND, including its accompanying Mitigation Monitoring and Reporting Plan and Errata Sheet, through adoption of Resolution No. 24-028.

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

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 single-story, two-story plans and duet units. The streetscape is varied by the incorporation of three elevations for each of the four market rate home plans and two elevations for the two affordable home plans. While the Residential Design Guidelines requires the provision of four plans with four distinct elevations per plan, the proposed project is providing a total of 16 varied elevations, ensuring significant architectural variation within the streetscape and, thereby, meeting the intent of the guidelines. With 12 color schemes, the project will provide significant color scheme variation.

The project includes two single story home plans, which is 46.4% of the total units thereby exceeding the minimum 25% requirement for single story homes within the subdivision. The project also includes a story home plan with a side-loaded garage to help break up the street scene. Approximately 20.6% of the units have sideloaded garages, thereby exceeding the minimum 10% requirement for side-loaded garages. The project provides a variety in unit plans and elevations consistent with the Design Review Guidelines. 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 and massing throughout the subdivision. There are four home plans for the market rate homes and two home plans for the duet units. Each of the floor plans offer a unique configuration of massing, intended to create
differentiation and variety on the streetscape, and provide buyers with distinct choices in lifestyle and use of space. There are three distinctive elevation styles for each home plan, which include Early California/Spanish, Mediterranean Revival, and Craftsman. The duet units have a Craftsman and an Early California/Spanish elevation, similar to the elevations found in the market rate homes.

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 plan there are four color schemes that represent the particular style, for a total of 12 color schemes. The proposed design provides architectural elements and building forms 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.

With the exception of the affordable units, which are proposed to be duets, no two identical floor plans are repeated side-by-side facing the same street. The façade massing is broken up with varying elevations 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 lessprominent 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; the visual emphasis of front doors from the street, and the avoidance of exposed and unarticulated secondfloor walls. 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 Interim Objective Design Standards.

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 within the General Plan Residential Very Low Density (R-VLD) land use designation, which provides for 1.1 to 3.0 dwelling units per acre. The Density Bonus law provides developers proposing a minimum of 5% of units available to very-low income households with up to 22.5% increase in the project density in exchange for providing affordable units on site, without requiring a General Plan amendment or rezoning the site (Government Code § 65915(f)(5)). Pursuant to the State Density Bonus law
(Government Code §§ 65915-65918), 34 units are proposed, which will result in a density of 3.54 dwelling units per acre. 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 and in common areas maintained for open space or treatment of stormwater. Two fullsize parking spaces are provided within the garage of each home plan, in line with 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 or threecar 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 maximum density allowed pursuant to the State Density Bonus Law.

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.

On June 27, 2023, the City Council adopted Interim Objective Design Standards (IODS); the project complies with the majority of the applicable design and development standards, such as the IODS, or will receive a waiver under State Density Bonus Law (SDBL). The IODS standards which are being waived under the SDBL are listed below:

Objective Design
Standards*
Waiver Request Analysis

1.1(D) Minimum setback of 30
feet between sound
walls and bordering
arterial and collector
streets.

Minimum setback
shall be 15 feet.

Compliance with the 30-foot
setback would physically
preclude the project from
constructing the proposed
number of units because an
increased setback would reduce
the number of units. This
development standard is also
inconsistent with existing sound
walls on Adams Lane or any
minor arterial in Brentwood.

2.2(E)1 A minimum of one unit
on each lot must have
the front entry door
facing the street.

Allow eight lots to
have entry doors
not facing the
street.

The proposed subdivision has
some lots that gain access via a
shared access drive aisle off of
the public street and therefore
these homes are not oriented
facing the public street. Some of
the entrance doors for the duet
units are located on the side in
order to match the rest of the
subdivision. The requirement to
have these lots face the street
would physically preclude
construction of the number of
proposed lots as there is not
enough room for all lots to fit
with frontage on the street.

2.2(E)2&3 Where the housing
development comprises
two side-by-side
detached units
positioned along the
street frontage, each
unit must have the
front entry door facing
the street. Where two
Allow the duet
units to have front
doors both facing
the same street.

Some of the entrance doors for
both of the duet units are located
on the front in order to match the
rest of the subdivision and
appear as one single-family
home. The duets cannot be
physically constructed to comply
with this requirement and thus
without the waiver, the project

Objective Design
Standards*
Waiver Request Analysis
units are proposed to
be attached and are
located on an interior
lot, one of the two units
must have its front
entry door facing the
street, and the other
unit must have its front
entry door on the
building side or rear.
could not be constructed at the
proposed density.

Additionally, the Planning Commission has the discretion to grant exceptions to the IODS standards. The applicant also requested exceptions from three of the IODS found below:

Interim Objective Design Standard Exceptions
2(E)7 Street-facing
doors must
provide 6 sq.
ft. of glazing.

Allow some
architectural styles
a reduction in the
required glazing
square footage.

The elevation styles that are appropriate for
glazing will have at least six square feet
such as the Craftsman style. Other styles
where this is not appropriate architecturally
are requesting an exception. Applicant is
requesting a modification from the ODS for
the Early California/Spanish and
Mediterranean Revival architectural styles.

2.2(J)2 Exterior wall
planes
exceeding 250
square feet in
area must
provide
glazing for
30% of the
total wall area.

Allow some areas
of the home a
reduction in
glazing due to
location.

This requirement is not possible to achieve
on certain areas of the homes, such as attic
space gables, garages, utility walls, etc.
therefore, an exception is being requested.

Applicant is requesting a modification from
the ODS.

2.2(k)2c When stucco is
used, it must
be used in
combination
with a least
one other wall
material,
which must
comprise of at
least 20% of
the building
frontage,
excluding
windows and
railings.

Allow Spanish
elevations a
reduction in the
20% requirement
of a secondary
material.

The Spanish elevation has introduced
mosaic tile accents on the front elevation.

While this does not result in 20% of the
frontage being a different material, it does
introduce a second material, different than
stucco, that is appropriate to the style. All
other elevations comply. Applicant is
requesting a modification from the IODS to
allow for this alternative approach to adding
the appearance of a secondary material.

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 the resolution approving Vesting Tentative Subdivision Map (VTSM 9649), which findings are incorporated herein as if restated in full.

B. Hereby approves Design Review (DR 23-012) 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 July 23, 2024, by the following vote:

AYES:

NOES:

ABESENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

CITY COUNCIL RESOLUTION NO. 2024-____

CONDITIONS OF APPROVAL FOR
DESIGN REVIEW (DR 23-012)

1. The Permittee and owner, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in the Permit.

Design Review No. 23-012 (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the belowenumerated precedent conditions have been performed. The Permittee shall develop the site in accordance with all applicable laws and regulations and the approved Attachments and as modified by these Conditions of Approval.

2. Permittee shall comply with all applicable City of Brentwood Standard Conditions of Approval for Residential Design Review, dated May 2005, hereby incorporated by reference, unless otherwise modified by the Planning Commission or any of these conditions.

3. Permittee shall comply with and perform all mitigation measures set forth in the Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Plan for the Project, as adopted by City Council Resolution No. ____.

4. 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 9649, and DR 23-012, 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 9649, and the remainder of this obligation shall be unaffected by said Government Code section.

5. The residential units shall be constructed in substantial conformance with the Design Booklet prepared by Shea Homes, dated “Received February 19, 2024,” unless otherwise modified by the Planning Commission or any of these conditions.

6. The residential units shall be constructed in substantial conformance with the Master Plotting Plan prepared by Shea Homes, dated “Received February 19,

2024,” unless otherwise modified by the Planning Commission or any of these conditions.

7. The residential units shall be constructed in substantial conformance with the Colors and Materials booklet prepared by Shea Homes, dated “February 19, 2024,” unless otherwise modified by the Planning Commission or any of these conditions.

8. The buildings and related improvements for this project shall be constructed in substantial conformance with the plans prepared by CBG Civil Engineers, dated “Received February 19, 2024,” unless otherwise modified by the Planning Commission or any of these conditions.

9. 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.

10.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.

11. Prior to building permit issuance, the applicant shall incorporate a decorative trim element to break up the first and second floor massing for the right elevation of Plan 4.

12.Any alteration of the building designs, building colors, or materials from the approved plans and materials board shall be submitted for the review of the Community Development Director prior to building permit issuance and, if judged to be substantial, may be referred to the Design Review Subcommittee for approval.

13.All trees shall comply with the City of Brentwood’s Urban Forest Guidelines.

14.The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, fencing, 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.

15. The final landscape plan shall incorporate a minimum five-foot defensible space around the home (i.e., some form of hardscape), if feasible and not in conflict with any portion of the Brentwood Municipal Code.

16. The final landscape plans shall incorporate root barrier protection for all trees to be installed.

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, bio-retention fencing, the perimeter wall at Adams Lane, and the perimeter wall along the northern property line.

19.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 cutoff classification and cut-sheets allowing verification of the design must be submitted to the Planning Department.

20.The Permittee shall comply with all conditions of approval for Subdivision Map No. 9646, and Design Review No.23-012.

ADAMS LANE

TRELLIS CIRCLE TRELLIS CIRCLE
19 20
21 22 23 24 25
28 29 30
31 32
1 2 3 4 5 6 7 8 9
18 17 16 15
14 13
12 11
10 34
33 McCOY

HOMESTEAD
14,519 SF ±

NORTH LOOP WEST LOOP EAST LOOP PARCEL A BIORETENTION WATER QUALITY 26 27 LONE OAK ROAD
F:\3170-010\ACAD\EXHIBITS\DEVELOPMENT PLAN.DWG
SUBDIVISION 9649

DEVELOPMENT PLAN

ORCHARD GROVE NORTH

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 50' DATE: MAY 25, 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

SACRAMENTO
(925) 866-0322
(916) 375-1877
0 50 100 150

PLAN TOTAL

PLAN MIX
%

TYPICAL LOT SETBACKS

ELEVATION QUANTITY

PLAN A B C TOTAL
TOTAL

PARKING LEGEND

PARKING REQUIREMENTS

REQUIRED PARKING PROVIDED PARKING
DRAFT
February 19, 2024
Attachment 5

Note: Artist’s conception; colors,
materials and application may vary.

Craftsman Mediterranean Revival Early California/Spanish Craftsman February 19, 2024

Note:Artist’sconception;colors,
materialsandapplicationmayvary.

EarlyCalifornia/Spanish
MediterraneanRevival Craftsman

MAXHEIGHT
HEADERHT.

FI
RSTFLOORLIVABLE:3,043SQFT
UNDERROOF:3,741SQFT

TOTALFOOTPRINTAREA
GARAGE:414SQFT
COVEREDPORCH:40SQFT
SUBTOTAL:3,287SQFT
OUTDOORROOM:244SQFT
TOTALLIVABLE:3,043SQFT

FLOORAREATABLE

MAXHEIGHT
HEADERHT.

FI
RSTFLOORLIVABLE:3,043SQFT
UNDERROOF:3,741SQFT

TOTALFOOTPRINTAREA
GARAGE:414SQFT
COVEREDPORCH:40SQFT
SUBTOTAL:3,287SQFT
OUTDOORROOM:244SQFT
TOTALLIVABLE:3,043SQFT

FLOORAREATABLE

MAXHEIGHT
HEADERHT. Page 248 of 478
FI
RSTFLOORLIVABLE:3,043SQFT
UNDERROOF:3,748SQFT

TOTALFOOTPRINTAREA
GARAGE:414SQFT
COVEREDPORCH:47SQFT
SUBTOTAL:3,287SQFT
OUTDOORROOM:244SQFT
TOTALLIVABLE:3,043SQFT

FLOORAREATABLE

Note:Artist’sconception;colors,
materialsandapplicationmayvary.

EarlyCalifornia/Spanish
MediterraneanRevival Craftsman

MAXHEIGHT
HEADERHT. Page 251 of 478
FI
RSTFLOORLIVABLE:3,155SQFT
UNDERROOF:3,755SQFT

TOTALFOOTPRINTAREA
GARAGE:540SQFT
COVEREDPORCH:60SQFT
SUBTOTAL:3,155SQFT
TOTALLIVABLE:3,155SQFT

FLOORAREATABLE

MAXHEIGHT
HEADERHT. Page 253 of 478
FI
RSTFLOORLIVABLE:3,155SQFT
UNDERROOF:3,755SQFT

TOTALFOOTPRINTAREA
GARAGE:540SQFT
COVEREDPORCH:60SQFT
SUBTOTAL:3,155SQFT
TOTALLIVABLE:3,155SQFT

FLOORAREATABLE

MAXHEIGHT
HEADERHT.

FI
RSTFLOORLIVABLE:3,1550SQFT
UNDERROOF:3,793SQFT

TOTALFOOTPRINTAREA
GARAGE:540SQFT
COVEREDPORCH:98SQFT
SUBTOTAL:3,155SQFT
TOTALLIVABLE:3,155SQFT

FLOORAREATABLE

Note:Artist’sconception;colors,
materialsandapplicationmayvary.

EarlyCalifornia/Spanish
MediterraneanRevival Craftsman

MAXHEIGHT
HEADERHT. HEADERHT.

FI
RSTFLOORLIVABLE:2,061SQFT
UNDERROOF:4,831SQFT

TOTALFOOTPRINTAREA
GARAGE:668SQFT
COVEREDPORCH:134SQFT
SUBTOTAL:4,029SQFT
OUTDOORROOM:288SQFT
SECONDFLOORLIVABLE:1,680SQFT
TOTALLIVABLE:3,741SQFT

FLOORAREATABLE

MAXHEIGHT
HEADERHT. HEADERHT.

FI
RSTFLOORLIVABLE:2,061SQFT
UNDERROOF:4,753SQFT

TOTALFOOTPRINTAREA
GARAGE:668SQFT
COVEREDPORCH:56SQFT
SUBTOTAL:4,029SQFT
OUTDOORROOM:288SQFT
SECONDFLOORLIVABLE:1,680SQFT
TOTALLIVABLE:3,741SQFT

FLOORAREATABLE

MAXHEIGHT
HEADERHT. HEADERHT.

FI
RSTFLOORLIVABLE:2,061SQFT
UNDERROOF:4,841SQFT

TOTALFOOTPRINTAREA
GARAGE:668SQFT
COVEREDPORCH:144SQFT
SUBTOTAL:4,029SQFT
OUTDOORROOM:288SQFT
SECONDFLOORLIVABLE:1,680SQFT
TOTALLIVABLE:3,741SQFT

FLOORAREATABLE

Note:Artist’sconception;colors,
materialsandapplicationmayvary.

EarlyCalifornia/Spanish
MediterraneanRevival Craftsman

MAXHEIGHT
HEADERHT. HEADERHT.

FI
RSTFLOORLIVABLE:2,303SQFT
UNDERROOF:5,109SQFT

TOTALFOOTPRINTAREA
GARAGE:608SQFT
COVEREDPORCH:63SQFT
SUBTOTAL:4,438SQFT
OUTDOORROOM:320SQFT
SECONDFLOORLIVABLE:1,815SQFT
TOTALLIVABLE:4,118SQFT

FLOORAREATABLE

MAXHEIGHT
HEADERHT. HEADERHT.

FI
RSTFLOORLIVABLE:2,303SQFT
UNDERROOF:5,109SQFT

TOTALFOOTPRINTAREA
GARAGE:608SQFT
COVEREDPORCH:63SQFT
SUBTOTAL:4,438SQFT
OUTDOORROOM:320SQFT
SECONDFLOORLIVABLE:1,815SQFT
TOTALLIVABLE:4,118SQFT

FLOORAREATABLE

MAXHEIGHT
HEADERHT. HEADERHT.

FI
RSTFLOORLIVABLE:2,303SQFT
UNDERROOF:5,155SQFT

TOTALFOOTPRINTAREA
GARAGE:608SQFT
COVEREDPORCH:109SQFT
SUBTOTAL:4,438SQFT
OUTDOORROOM:320SQFT
SECONDFLOORLIVABLE:1,815SQFT
TOTALLIVABLE:4,118SQFT

FLOORAREATABLE


















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8752701EN3-71: Large One Light Outdoor Wall Lantern
Collection:  Tomek
UPC #:785652080685
Finish:   Antique Bronze (71)
Dimensions:

Width: 10 1/2''
Height: 18''
Weight: 7.47 lbs.

Extends: 12 3/8''
Wire: 6 1/2'' (color/Black/White)
Mounting Proc.: Cap Nuts
Connection: Mounted To Box
Bulbs:
1 - LED Medium A19 9.3w Max. 120v - included
Features:

ENERGY STAR® Qualified
LED Bulbs are an efficient, versatile and durable light source that deliver exceptional performance.

Meets Title 24 energy efficiency standards
Title 24 compliant when used with included Joint Appendix (JA8) approved lamp.

Material List:
1 Body - Aluminum - Antique Bronze
Safety Listing:

Safety Listed for Wet Locations
Instruction Sheets:

English (990W8_52701-TOM)
Trilingual (English, Spanish, and French) (990W8_52701-TOM) Shade / Glass / Diffuser Details:

Part Material Finish Quantity Item Number Length Width Height Diameter Fitter Diameter
Shade Top
Length
Shade Top
Width
Shade Top
Diameter
Panel Glass Etched / White Inside 4 7 3/8 12 7/16
Backplate / Canopy Details:

Type Height / Length Width Depth Diameter Outlet Box Up Outlet Box Down Back Plate  10  6  1  3
Replacement Bulb Data:

Product # Type Base Watts Watts Consumed Volts Hours Lumens Temp (°K) CRI 97502S Frosted       A19  Medium  9.3 9.3 120v 15000 800 230°
3000  90
Shipping Information:

Package Type Product # Quantity UPC Length Width Height Cube Weight Frt. Class UPS Ship Individual 8752701-12  1  785652080685
Generation Lighting reserves the right to revise the design of components of any product due to parts availability or change in safety listing standards without assuming any obligation or liability to modify any products previously manufactured and without notice. This literature depicts a product design that is the sole and exclusive property of Generation Lighting . In compliance with U.S copyright and patent requirements, notification is hereby presented in this form that this literature, or the product it depicts, is not to be copied, altered or used in any manner without the express written consent of, or contrary to the best interests of Generation Lighting, a Visual Comfort & Co brand.

McCOY PROPERTY | DEED RESTRICTED DUET

BRENTWOOD, CALIFORNIA
May 28, 2024

ADAMS LANE LONE OAK ROAD

TRELLIS CIRCLE TRELLIS CIRCLE

DESIGNATED

REMAINDER BIORETENTION WATER QUALITY

NORTH LOOP WEST LOOP EAST LOOP
18 12 11
3 7 8 9
15 10
1 17
2 5
16 14
4 13
6 19
21 20
22 31 23 24 25 26 27 28
32 29 30
34 33

PARCEL A
F:\3170-010\ACAD\TM\TM01.DWG

OF SHEETS
SHEET NO.

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

VESTING TENTATIVE MAP
ORCHARD GROVE NORTH - SUBDIVISION 9649

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1"=50' DATE: NOVEMBER 2, 2023 JOB NO.: 3170-010
0 50 100 150 4

GENERAL NOTES,

DIMENSIONED SITE PLAN & SHEET INDEX DRAFT

GRANT STREET

ADAMS LANE MARSH CREEK

GRACIE LANE LONE OAK ROAD

LONE OAK ROAD

COUNTRY CT

CAPER DRIVE LONE OAK ROAD
SITE

VICINITY MAP

O'HARA AVENUE

TRELLIS CIRCLE
GENERAL NOTES: GENERAL NOTES (CONTINUED): GENERAL NOTES (CONTINUED):

LAND AREA SUMMARY

PARCEL / LOT LAND USE AREA
LEGEND

EXISTING PROPOSED

ABBREVIATIONS
1 Sheet List Table
Sheet Number Sheet Title
February 19, 2024
Attachment 6

SECTION D-D
LONE
OAK
ROAD

ADAMS LANE LONE OAK ROAD TRELLIS CIRCLE

DESIGNATED

REMAINDER
1 2 3 4 5 6 7 8 9
19 18 17 16 15 14 13 12 11 10
20 21
23 24 25 26 27 28 29 30
31 32
22 33
34 BIORETENTION

NORTH LOOP WEST LOOP EAST LOOP

TRELLIS CIRCLE
A
A
B
B
C
C
E
E
D D

TYPICAL RESIDENTIAL STREET

ADAMS LANE - (SECTION B-B)

SECTION A-A
X
X
X
28 SECTION C-C SECTION E-E
F:\3170-010\ACAD\TM\TM02.DWG

OF SHEETS
SHEET NO.

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

VESTING TENTATIVE MAP
ORCHARD GROVE NORTH - SUBDIVISION 9649

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1"=50' DATE: NOVEMBER 2, 2023 JOB NO.: 3170-010
0 50 100 150 4

PRELIMINARY GRADING PLAN
LEGEND

EXISTING PROPOSED

ABBREVIATIONS
2 DRAFT

ADAMS LANE LONE OAK ROAD

DESIGNATED

REMAINDER BIORETENTION WATER QUALITY OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW
OHW
OHW
OHW
OHW

TRELLIS CIRCLE EAST LOOP

NORTH LOOP WEST LOOP
1 2 3 4 5 6 7 8 9
19 18 17 16 15 14 13 12 11 10
20 21
23 24 25 26 27 28 29 30 31
32 22
33 34 TRELLIS CIRCLE
F:\3170-010\ACAD\TM\TM03.DWG

OF SHEETS
SHEET NO.

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

VESTING TENTATIVE MAP
ORCHARD GROVE NORTH - SUBDIVISION 9649

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1"=50' DATE: NOVEMBER 2, 2023 JOB NO.: 3170-010
0 50 100 150 4

PRELIMINARY UTILITY PLAN
3 LEGEND

EXISTING PROPOSED

ABBREVIATIONS DRAFT

MINIMUM UTILITY DEPTHS

AT STORM DRAIN CROSSINGS MINIMUM UTILITY DEPTHS
MINIMUM DEPTH PROJECT PARAMETERS:
·
·
·
UTILITY DESIGN NOTES:

LONE OAK ROAD TRELLIS CIRCLE

DESIGNATED

REMAINDER
(SELF-TREATING)

NORTH LOOP WEST LOOP EAST LOOP
DMA 1
IMP 1

TRELLIS CIRCLE

ADAMS LANE
1 2 3 4 5 6 7 8 9
19 18 17 16 15 14 13 12 11 10
20 21
23 24 25 26 27 28 29 30 31
32 22
33 34
DMA 2
F:\3170-010\ACAD\TM\TM04.DWG

OF SHEETS
SHEET NO.

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

VESTING TENTATIVE MAP
ORCHARD GROVE NORTH - SUBDIVISION 9649

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1"=50' DATE: NOVEMBER 2, 2023 JOB NO.: 3170-010
0 50 100 150 4

PRELIMINARY STORMWATER CONTROL PLAN
LEGEND

EXISTING PROPOSED

ABBREVIATIONS
DMA 1
IMP 1

DRAINAGE MANAGEMENT AREA SUMMARY

PROPOSED IMPROVEMENTS

EFFECTIVE

IMPERVIOUS AREA

TREATMENT AREA
4 DRAFT

GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW ADAMS LANE LANDSCAPE MAINTENANCE DISTRICT (LMD) R.O.W. PLANTING AREA LOT 22 PLAN 2B LOT 26 PLAN 5C LOT 23 PLAN 4A LOT 24 PLAN 1C LOT 25 PLAN 2A LOT 27 PLAN 6C LOT 28 PLAN 4B LOT 29 PLAN 1A LOT 30 PLAN 4A LOT 20 PLAN 3A LOT 1 PLAN 3B LOT 2 PLAN 1A LOT 3 PLAN 2B LOT 4 PLAN 4C LOT 31 PLAN 2B LOT 5 PLAN 1B LOT 6 PLAN 3A LOT 7 PLAN 2C LOT 8 PLAN 3B LOT 32 PLAN 3C LOT 21 PLAN 4C LOT 19 PLAN 1B LOT 18 PLAN 2C LOT 17 PLAN 1A LOT 16 PLAN 3C LOT 15 PLAN 4B LOT 14 PLAN 2A LOT 13 PLAN 1C LOT 12 PLAN 3B LOT 11 PLAN 2A BIO RETENTION AREA, SEE SHEET L-3.1 FOR PROPOSED BIO RETENTION PLANT PALETTE. LOT 33 PLAN 5A LOT 34 PLAN 6A TRELLIS CIRCLE NORTH LOOP

WEST LOOP

EAST LOOP
ST
LONE OAK ROAD A' A' B' B' B B A A REMAINDER PARCEL LOT 9 PLAN 1C LOT 10 PLAN 4C Copyright 2023 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates. L-1.1 Project No. 04323 Brentwood, California SCALE: 1" = 40'-0" NORTH 0' 20' 40' 80' vanderToolen Associates 855 Bordeaux Way Suite 240 Napa, CA 94558 tel+ 707.224.2299 hhhvandertoolenco^ 2630 SHEA CENTER DRIVE LIVERMORE, CALIFORNIA 94550 (925) 245-3600 ARBUTUS 'MARINA' STD. CHILOPSIS LINEARIS MAGNOLIA G. 'LITTLE GEM' STRAWBERRY TREE DESERT WILLOW COMPACT SOUTHERN MAGNOLIA LVLM BOTANICAL NAME COMMON NAME WUCOLS PROPOSED TREE PALETTE15 GAL 15 GAL 24" BOX MIN. SIZE FRONT YARD ACCENT TREES STREET TREES ACER BUERGERIANUM ACER RUBRUM 'OCTOBER GLORY' GINKGO BILOBA 'AUTUMN GOLD' PLATANUS RACEMOSA QUERCUS AGRIFOLIA QUERCUS PALUSTRIS TRIDENT MAPLE RED MAPLE MAIDENHAIR TREE CALIFORNIA SYCAMORE COAST LIVE OAK PIN OAK MMMMVLM 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX QTY. 12121710271081014 SYMBOL GENERAL NOTES: · TREE LAYOUT IS SCHEMATIC. FINAL TREE LOCATIONS AND SPECIES SUBJECT TO CITY REVIEW, UTILITY AND STREET LIGHT PLACEMENT. ONE TREE PER LOT, PLUS TWO ADDITIONAL TREES ON THE SIDE OF CORNER LOTS. · ALL TREES PLANTED WITHIN 5' OF PAVING, WATER METERS, OR JOINT TRENCHES SHALL RECEIVE LINEAR ROOT BARRIERS · ALL STREET TREES MUST BE PLANTED AND INSTALLED PER CITY OF BRENTWOOD PUBLIC WORKS STANDARD PLANS AND SPECIFICATION SUBDIVISION 9649 ORCHARD GROVE NORTH OVERALL PLAN CONCEPTUAL LANDSCAPE PLAN FEBRUARY 14, 2024 6' HIGH GOOD NEIGHBOR FENCE. SEE BRENTWOOD STANDARD DETAIL B, SHEET L-2.2. WOOD GATE 6' HIGH MASONRY WALL. SEE SHEET L-2.2 FOR IMAGE. 3' HIGH 2-RAIL CONCRETE FENCE AT BIO RETENTION AREA. SEE DETAIL A, SHEET L-2.2. 6' HIGH TUBE STEEL FENCE AND VEHICULAR GATE AT BIORETENTION AREA. SEE DETAIL D, SHEET L-2.2 . 6' HIGH ENHANCED GOOD NEIGHBOR FENCE. SEE BRENTWOOD STANDARD DETAIL C, SHEET L-2.2. FENCE & WALL LEGEND X X PROPOSED PLANT PALETTE BOTANICAL NAME COMMON NAME WUCOLS SHRUBS AND GROUNDCOVER MMLLLLLLLLLMMLLLLLLMLMMMMLLVL MMMMLLLL ABELIA GRANDIFLORA VARIETIES AGAPANTHUS AFRICANUS VARIETIES AGAVE SPECIES ANIGOZANTHOS SPECIES ARBUTUS UNEDO VARIETIES ARCTOSTAPHYLOS VARIETIES BOUTELOUA GRACILIS VARIETIES BULBINE FRUTESCENS VARIETIES CALLISTEMON VIMINALIS VARIETIES CAREX SPECIES COTONEASTER SPECIES CUPRESSUS SEMPERVIRENS VARIETIES DIANELLA SPECIES DIETES SPECIES DODONEA VISCOSA 'PURPUREA' ELYMUS CONDENSATUS VARIETIES EPILOBIUM CALIFORNICA FESTUCA SPECIES GREVILLEA SPECIES HELIANTHEMUM NUMMULARIUM LIGUSTRUM SPECIES LIRIOPE SPECIES LOMANDRA LONGIFOLIA VARIETIES LOROPETALUM CHINENSE VARIETIES MAHONIA SPECIES MYOPORUM PARVIFOLIUM VARIETIES NANDINA DOMESTICA VARIETIES OLEA EUROPAEA VARIETIES PITTOSPORUM SPECIES PODOCARPUS M. VARIETIES RHAPHIOLEPIS INDICA VARIETIES ROSA - FLOWER CARPET VARIETIES SALVIA SPECIES SCAEVOLA 'MAUVE CLUSTERS' TEUCRIUM SPECIES WESTRINGIA SPECIES ABELIA LILY-OF-THE-NILE AGAVE KANGAROO PAW DWARF STRAWBERRY TREE MANZANITA BLUE GRAMA GRASS BULBINE BOTTLEBRUSH SEDGE BEARBERRY COTONEASTER DWARF ITALIAN CYPRESS FLAX LILY DIETES PURPLE HOPSEED BUSH WILD RYE GRASS CALIFORNIA FUCHSIA FESCUE GREVILLEA SUNROSE PRIVET LILY TURF DWARF MAT RUSH FRINGE FLOWER MAHONIA CREEPING MYOPORUM HEAVENLY BAMBOO DWARF OLIVE PITTOSPORUM SHRUBBY YEW PINE INDIA HAWTHORN CARPET ROSE SAGE FAN FLOWER GERMANDER COAST ROSEMARY MIN. SIZE 5 GAL 1 GAL 5 GAL 1 GAL 5 GAL 1 GAL 1 GAL 1 GAL 5 GAL 1 GAL 1 GAL 15 GAL 1 GAL 1 GAL 15 GAL 1 GAL 1 GAL 1 GAL 5 GAL 1 GAL 5 GAL 1 GAL 1 GAL 5 GAL 5 GAL 1 GAL 5 GAL 5 GAL 5 GAL 15 GAL 5 GAL 2 GAL 5 GAL 1 GAL 5 GAL 5 GAL NOTE: SEE SHEET L-3.1 FOR EXPANDED PROPOSED PLANT PALETTES AND IMAGERY. IRRIGATION CONCEPT STATEMENT THE IRRIGATION DESIGN FOR THE SITE SHALL COMPLY WITH THE STATE OF CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (TITLE 23 - DIVISION 2-CHAPTER 2.7) AND THE CITY OF BRENTWOOD WATER EFFICIENT LANDSCAPE STANDARDS. THE IRRIGATION SYSTEMS WILL BE AUTOMATICALLY CONTROLLED BY AN ET IRRIGATION CONTROLLER CAPABLE OF MULTIPLE PROGRAMMING AND INDEPENDENT TIMING OF INDIVIDUAL IRRIGATION SYSTEMS. THE CONTROLLER WILL HAVE A 24-HOUR CLOCK TO ALLOW MULTIPLE START TIMES AND REPEAT CYCLES TO ADJUST FOR SOIL PERCOLATION RATES. THE IRRIGATION SYSTEMS WILL CONSIST PRIMARILY OF LOW VOLUME, LOW FLOW BUBBLERS FOR TREES, AND POINT SOURCE DRIP IRRIGATION FOR SHRUBS AND GROUNDCOVERS. PLANTS WILL BE GROUPED ONTO SEPARATE VALVES ACCORDING TO SUN EXPOSURE AND WATER USE TO ALLOW FOR IRRIGATION APPLICATION BY HYDROZONE. THE IRRIGATION SCHEDULING WILL REFLECT THE REGIONAL EVAPO-TRANSPIRATION RATES. THE ENTIRE SITE WILL BE DESIGNED TO RUN DURING NIGHTTIME HOURS WHEN IRRIGATION IS MOST EFFICIENT. BOTANICAL NAME COMMON NAME WUCOLS SHRUBS LMLMMMLLLL CALLISTEMON VIMINALIS VARIETIES LOROPETALUM CHINENSE VARIETIES NANDINA DOMESTICA VARIETIES PITTOSPORUM SPECIES RHAPHIOLEPIS INDICA VARIETIES ROSA - FLOWER CARPET VARIETIES ROSMARINUS SPECIES SALVIA SPECIES TEUCRIUM SPECIES WESTRINGIA SPECIES BOTTLEBRUSH FRINGE FLOWER HEAVENLY BAMBOO PITTOSPORUM INDIA HAWTHORN CARPET ROSE ROSEMARY SAGE GERMANDER COAST ROSEMARY MIN. SIZE 5 GAL 5 GAL 5 GAL 5 GAL 5 GAL 5 GAL 5 GAL 5 GAL 5 GAL 5 GAL PROPOSED PLANT PALETTE LMD MAINTAINED PLANTING AREA Page 312 of 478 Copyright 2023 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates. L-2.1 Project No. 04323 Brentwood, California SCALE: AS NOTED vanderToolen Associates 855 Bordeaux Way Suite 240 Napa, CA 94558 tel+ 707.224.2299 hhhvandertoolenco^ ELEVATIONS AND SECTIONS CONCEPTUAL LANDSCAPE PLAN FEBRUARY 14, 2024 2630 SHEA CENTER DRIVE LIVERMORE, CALIFORNIA 94550 (925) 245-3600 ARBUTUS 'MARINA' STD. CHILOPSIS LINEARIS MAGNOLIA G. 'LITTLE GEM' STRAWBERRY TREE DESERT WILLOW COMPACT SOUTHERN MAGNOLIA LVLM BOTANICAL NAME COMMON NAME WUCOLS PROPOSED TREE PALETTE15 GAL 15 GAL 24" BOX MIN. SIZE FRONT YARD ACCENT TREES STREET TREES ACER BUERGERIANUM ACER RUBRUM 'OCTOBER GLORY' GINKGO BILOBA 'AUTUMN GOLD' PLATANUS RACEMOSA QUERCUS AGRIFOLIA QUERCUS PALUSTRIS TRIDENT MAPLE RED MAPLE MAIDENHAIR TREE CALIFORNIA SYCAMORE COAST LIVE OAK PIN OAK MMMMVLM 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX QTY. 121217102710 81014 SYMBOL SUBDIVISION 9649 ORCHARD GROVE NORTH Page 313 of 478 NORTH LOOP Copyright 2023 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates. L-2.2 Project No. 04323 Brentwood, California SCALE: 1" = 20'-0" 0' 10' 20' 40' vanderToolen Associates 855 Bordeaux Way Suite 240 Napa, CA 94558 tel+ 707.224.2299 hhhvandertoolenco^ TYPICALS CONCEPTUAL LANDSCAPE PLAN FEBRUARY 14, 2024 2630 SHEA CENTER DRIVE LIVERMORE, CALIFORNIA 94550 (925) 245-3600 TYPICAL DRIVEWAY EXTENSION FOR R.V. PARKING TYPICAL FRONT YARD PLANTING B N.T.S. SUBDIVISION 9649 ORCHARD GROVE NORTH A N.T.S. C N.T.S. D TUBE STEEL FENCE AND GATE SCALE: 1/2" = 1'-0 " NOTE: 1. ALL WELDS TO BE GROUND SMOOTH. 2. ALL STEEL SHALL BE PAINTED WITH ONE COAT PRIMER AND TWO COATS BLACK SEMI-GLOSS ENAMEL PAINT. 3. PICKETS AND RAILS SHALL BE SPACED SO THAT A 4"Ø SPHERE CANNOT PASS THROUGH ANY OPENING. 4 7 8 1" x 1-1/2" TUBULAR STEEL RAILS. 1-1/2" SQUARE TUBULAR STEEL POSTS. 5/8" TUBULAR STEEL PICKETS. 12" DIA. X 36" DEEP CONCRETE FOOTING. WELD ON BOX HINGE. LATCH. FINISH GRADE. COMPACTED SUBGRADE OR ENGINEERED FILL. 4321 8765 6'-0" MAX. 2" 3" CLR. 121 25 36 TYPICAL DUET 2-RAIL CONCRETE FENCE GOOD NEIGHBOR FENCE ENHANCED WOOD FENCE MAILBOX UNIT MASONRY WALLSPLIT FACE COLOR 345 TYPICAL CORNER LOT Page 314 of 478 Shea Homes Project Description for McCoy Property
Density Bonus and SB-330 Compliant VTSM Preliminary Application – 08/8/2023 Shea Homes is a large private homebuilder that has been developing communities and building homes for more than fifty years. Shea Homes is currently building the Orchard Trails and Orchard Grove communities on the south side and north side of Brentwood respectively in addition to a number of other new home communities in Brentwood over the past several decades. Shea Homes is part of the larger JF Shea Company which has been continually operating since 1881. Our Northern California office is located in Livermore while the corporate office is located in Walnut, California. More information about Shea Homes can be found at this website:
https://www.sheahomes.com/shea-difference/
Project Description
Shea Homes is proposing to subdivide and develop 34 units on 10 +/- acres that are currently vacant land with a single residential home and barn. The property is located between Adams Lane and Lone Oak Road with a street address of 1901 Lone Oak Road. The project would propose to remove the barn but preserve the home. The property is currently owned by Gloria McCoy, and the Preliminary Application and Tentative Map Application has been signed by her.

The proposed market rate home designs will consist of four floor plans, two single story (2,836sf and 3,048sf) and two, two-story (3,518sf and 3,988sf +/-). The homes are consistent with the City of Brentwood Design Guidelines and the identical architecture has recently been approved for use on the applicant’s Orchard Grove project adjacent and to the south of this parcel (Tract 9532). Elevations are reminiscent of Early California/Spanish, Mediterranean Revival, and Craftsman. All floor plans will have garage space for two or three cars, and one floor plan is fitted with a side entry third car garage to break up the street scene. The affordable homes are proposed as two floor plans constructed as a duet. The duet plans are 1,976sqft and 2,073sqft and both are designed as 4- bedroom 3-bathroom two story homes. There is a single elevation proposed for the duets that matches the Craftsman elevation of the market rate homes. Color schemes for the duets will be selected from the color schemes proposed for the Craftsman elevation of the market rate homes. The affordable home designs are also identical to those approved for the Orchard Grove project to the south. Specifics and renderings of the architecture can be found in the architectural design review package attached to this application.

The proposed new public street internal to the project will be a simple loop road that takes access from two locations off the internal street for Tract 9532 Orchard Grove, and will share the two existing access points to Adams Lane. Pursuant to the requirements of the City’s engineering department, Adams Lane will be widened along the project frontage in a manner to be determined with City of Brentwood engineering and traffic divisions.

Abutting the south side of the property is Shea’s Tract 9532 Orchard Grove project, which as stated above has identical architecture. Upon completion of this project it will feel like a single cohesive neighborhood with Orchard Grove to the south. Along the east side of the property is Lone Oak Road, a public street which also currently serves other residential properties to the east with a General Plan designation of Residential Very Low density (RVLD). The existing residential properties adjacent to the proposed project along this stretch of Lone Oak Road are four ranchette style lots that are larger than 1-acre in total area and are anywhere from 105’ to 260’ wide where fronting Lone Oak Road and facing the proposed project.

To the north of the property is the Rock Creek Church and a vacant lot zoned “Semi-Public Facility” (SPF). The very southeast corner of the property contains the family home of Mrs. McCoy. The project as proposed will preserve the McCoy family home in its current location as a 14,500sqft lot with perimeter conditions that will be negotiated Attachment 7

with Mrs. McCoy. A barn structure also exists behind the McCoy family home. This barn will be removed as part of the project improvements.

To the west is Adams Lane, the main collector road for the area and then across Adams Lane are the playfields for Marsh Creek elementary school. The project proposes to widen Adams Lane as shown on the plan sets submitted, and to improve the property’s frontage along Adams Lane with landscaping consistent with that to the south.

Consistent with the Orchard Grove project to the south, the development is designed such that no access will be taken off Lone Oak Road, keeping the existing roadway serving the ranchette properties to the east with a rural feel. The project will require a maintenance access connection to Lone Oak for the City to maintain the future detention basin. The applicant also reserves the right to propose EVA roads, or other controlled access points to the project from Lone Oak Road if deemed necessary for emergency services, City maintenance access, or other life safety accommodations.

Although the applicant is not loading houses on Lone Oak Road, the applicant is offering to dedicate property for the potential future widening of Lone Oak Road as an irrevocable offer of dedication for public road purposes. No improvements are proposed along Lone Oak Rd except for those necessary to provide for storm drainage, dry utility undergrounding, and a buffer between the detention basin and existing Lone Oak Rd pavement.

Storm water quality for the site will be achieved with a bioretention basin constructed at or near the north east corner of the site. Storm drainage is proposed to then be conveyed to the existing storm pipe in Lone Oak road that outfalls to Marsh Creek. The bioretention basin parcel and adjacent landscape areas with storm drain pipe will be dedicated in fee to the City of Brentwood and a Landscape and Lighting Assessment District will be established to provide funding for the maintenance of the basins and surrounding landscape. This same assessment district will provide funding for maintenance of the frontage improvements along Adams Lane.

The applicant is requesting that this application be considered as a full and complete Preliminary Application pursuant to SB-330. A checklist of the information required by state law to be included to be considered a complete application is provided as part of this application, along with all the supporting documents listed in that checklist.

Density Bonus Request
The applicant requests that the project be processed as a Density Bonus project pursuant to the City’s Density Bonus program (Brentwood Municipal Code Chapter 17.720) and state law.

Existing General Plan and Zoning Designations
The property currently has a General Plan designation of Residential Very Low Density (R-VLD) with an allowable density range of 1.1 to 3.0 units per gross acre, and a zoning designation of R-1-E.

Density Bonus Project
To satisfy the City’s affordable housing ordinance and to qualify as a Density Bonus project under the City’s ordinance and State Law, the applicant proposes to provide four (4) Duet units on lots that are generally 40’ wide by 60’ deep. Two (2) of the Duet units will be sold to households that qualify as Very Low Income, and two (2) of the Duet units will be sold to households that qualify as Moderate Income.

The City’s ordinance calls for projects of 27-34 units to provide one (1) Low Income unit, two (2) Moderate Income units, and one (1) Very Low income unit. Pursuant to the City’s ordinance and consistent with state law, a Very Low Income unit qualifies as a Low Income unit, therefore two Very Low and two Moderate income units will satisfy the City’s ordinance.

Under the State’s Density Bonus law, density bonuses are awarded on a sliding scale depending what percentage of the base project’s units are offered to varying levels of affordability. The base project allowed under the City’s general plan density is 3 units/acre on 9.6 acres (10 acres less the parcel reserved for the McCoy family home), or 29 units before applying any Density Bonus. In order to be considered a density bonus project the applicant must provide a minimum of 5% of the units in the project as affordable to Very Low income qualified buyers. The two Very Low Income units calculates to 6% of the total project (2/34 = 5.88% rounded up to 6%). The state’s sliding scale allows for a 22.5% density bonus for projects that offer 6% Very Low Income units. This converts to a maximum of 36 units on the 9.6 acres (29 x 1.225 = 35.5, round up to 36). In addition to the additional units over the general plan maximum, the project would have the opportunity to take advantage of (i) unlimited waivers or reductions of development standards, (ii) one concession, and (iii) reduced parking ratios.

Address: 1901 Lone Oak Drive
General Plan Residential Very Low Density (R-VLD)
Zoning R-1-E
Existing Use Vacant
Lot Size: 9.6 acres (10ac less 0.4ac McCoy)
Max Density: 3 units per acre.

Proposed Affordable Units 2 Moderate Income (6%)
2 Very Low Income (6%)
Total 4 units (12%)
Proposed Density Bonus 22.5% allowed, 17.2% proposed
Total Units 34 (30 market and 4 affordable)
Proposed Units Per Acre 3.54
Government Code Section 65915(f) – Requested Density Bonus The project is allowed up to a 22.5% bonus over and above the 29-unit base project but is only requesting a 17.2% bonus for a total of 34 units.

Government Code Section 65915(e)(1)— Requested Waivers of Development Standards Government Code Section 65915(e)(1) provides, in part, that “in no case may a city . . . apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) [a density bonus project] at the densities or with the concessions or incentives permitted by this section.” The right to waivers has been broadly interpreted by the courts. (See Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329, 1346–1347 [“Standards may be waived that physically preclude construction of a housing development meeting the requirements for a density bonus, period. [] The statute does not say that what must be precluded is a project with no amenities, or that amenities may not be the reason a waiver is needed.”].) Waivers Requested
In order to accommodate the applicant’s proposed product type, development plan, and architectural designs, the required/requested waivers are:
a. Minimum lot sizes for the market rate units shall be reduced to 8,000sqft from 10,000sqft+ i. Larger lot sizes would not allow for the project to build to the density permitted under the Density Bonus Law. The applicant ran a sample land plan scenario respecting the constraints of 10,000 sqft minimum lot sizes on the project as a whole. The maximum

number of units possible on this site under those conditions would be 28, including the four affordable units required by local ordinance. The reduction to 8,000 sqft minimum lot sizes on the market rate units is necessary to allow for development of the 34-unit proposed density bonus project, and a housing product consistent with the surrounding neighborhoods and economically feasible in the marketplace. b. Minimum lot sizes for the affordable units shall be reduced to 3,750 square feet from 10,000 sqft+ i. The duet housing product proposed for the affordable units provides for a 4-bedroom two story home with a two car garage. This home design is comparable in bedroom & bathroom count, garage configuration, and floor plan layout with the market rate homes, although of smaller total square footage as is allowed under Brentwood affordable housing code. A lot size requirement any larger than what is proposed would impact the setbacks of the remaining homes on the block. Without this waiver, the proposed density project would be physically precluded even with the requested waivers for the market rate units. c. Minimum lot dimensions for the market rate units shall be reduced from 100 feet wide to 80 feet wide as measured at the rear lot line.
i. Increased lot widths would not allow for the project to build to the density permitted under the Density Bonus Law. The applicant ran a sample land plan scenario respecting the constraints of a 10,000 sqft minimum lot size (essentially the same as applying a 100 foot minimum lot width) on the project as a whole, The maximum number of units possible on this site under those conditions would be 28, including the four affordable units required by local ordinance. The reduction in the minimum lot dimensions on the market rate units is necessary to allow for development of the 34-unit proposed density bonus project, and a housing product consistent with the surrounding neighborhoods and economically feasible in the marketplace.
d. Minimum lot width for duet units shall be reduced from 100 feet wide to 40’ wide as measured at the rear lot line.
i. The duet housing product proposed for the affordable units provides for a 4 bedroom two story home with a two car garage. This home design is comparable in bedroom & bathroom count, garage configuration, and floor plan layout with the market rate homes, although of smaller total square footage as is allowed under Brentwood affordable housing code. The lot dimensions proposed are appropriate to the proposed architecture and provide for comfortable and livable setbacks. Lot dimensions any larger than what is proposed would not materially improve the duet homes and would significantly impact the lot sizes and setbacks of the remaining lots and homes in the subdivision. Without this waiver, the proposed density project would be physically precluded from building the 34- units allowed even with the other requested waivers for setbacks and lot sizes. e. Minimum front yard setbacks shall include an allowance to decrease the front setback to 15’ to living space, yet maintain the existing 20’ to the garage. i. Existing zoning calls for minimum 20’ setback to garage. The requested waiver is to allow for a 15’ front setback to any living space that may project forward of the garage. This is necessary to support the proposed architecture as described above while preserving reasonable rear yard setbacks. Without this waiver, lot depts would have to increase resulting in the reduction of the total number of units proposed for the project, and physically precluding the proposed 34-unit density bonus project. f. Minimum side yard setback shall be reduced from 10’ minimum to 7’ minimum and reduced from 25’ in aggregate to 20’ in aggregate.
i. Existing zoning calls for minimum 10’ and 25’ aggregate side yard setback. The requested reduction is to allow for a reduction of 3 feet on the minimum and five feet on the

aggregate side yard setback. This is necessary to support the proposed architecture as described above and accommodating lot widths necessary to achieve the densities allowed under density bonus. Without this waiver, lot widths would have to increase resulting in the reduction of the total number of units proposed for the project, and physically precluding the proposed 34-unit density bonus project.
g. Side yard setbacks shall include a provision for a zero setback on the lot line defining the common wall between duets.
i. Because the duet units are proposed to be fee simple ownership, individual legal lots must be mapped. A zero setback is required on the lot line that splits the building. Without this waiver the development would be physically precluded from constructing the proposed duet homes.
h. Minimum rear yard setback shall be reduced from 30’ to 15’. i. A 15’ minimum rear yard setback is necessary to support the proposed architecture as described above while preserving the minimum front yard setbacks also described above.

Without this waiver, lot depths would have to increase resulting in the reduction of the total number of units proposed for the project, and physically precluding the proposed 34- unit density bonus project.
i. The applicant has proposed that the City’s General Plan density transition policy LU-2a does not apply to the lots on the northern edge of the proposed development. If the City staff does not agree with the applicant’s interpretation of this policy, then the applicant requests a Density Bonus waiver of this policy. Requiring strict adherence to this policy with regard to the northern block of lots abutting existing commercial land would eliminate multiple lots from the land plan, thereby physically precluding the proposed 34-unit density bonus project. j. The City’s residential design guidelines call for a 30’ setback between sound walls and bordering collector streets. This application proposes a soundwall parallel to Adams Lane that will be setback 15’ from the face of curb where Adams Lane is proposed to be widened, which is consistent with the existing frontage along this side of Adams Lane. Any deeper setback along this frontage would physically preclude the proposed 34-unit density bonus project by reducing the allowable number of lots.
k. The applicant reserves the right to request additional waivers during the entitlement and approval process should it become necessary or convenient to do so.

See Chart below for summary of requested waivers

Government Code Section 65915(d)— Requested Concessions A concession or incentive is a “reduction in site development standards or a modification of zoning code requirements or architectural design requirements . . . or other regulatory incentives or concessions proposed by the developer . . . that result in identifiable and actual cost reductions to provide for affordable housing costs.” (§ 65915(k).) A city “shall grant the concession or incentive requested by the applicant unless the city . . . makes a written finding, based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable and actual cost reductions, [], to provide for affordable housing costs . . . .
(B) The concession or incentive would have a specific, adverse impact . . . upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources . . . . (C) The concession or incentive would be contrary to state or federal law.” (§ 65915(k).) Since 2017, the Density Bonus Law no longer requires a showing that a requested concession is required to make a project economically feasible. (Stats. 2016, ch. 758, § 1; Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549, 558 [rejecting claim that Density Bonus Law required applicant to submit certain financial information such as a proforma to support a request for incentives and waivers.]) The applicant . . .is not required to establish that cost reductions will result.” (Id. at p. 555.) The local jurisdiction bears “the burden of proof for the denial of a requested concession or incentive.” (Gov. Code, § 65915, subd. (d)(4).)

Concessions Requested
In order to accommodate the applicant’s proposed product type, development plan, and architectural designs, the required/requested concessions are:
1) The City has a General Plan policy requiring that developments exceeding the mid-point of the General Plan density range, must provide a public benefit. A public benefit is an undefined concession from the developer that typically requires a negotiation where the developer must provide a public amenity somewhat reflecting the added economic benefit to the developer of a project that builds to the higher end of the density range. Because the intent of density bonus legislation is to provide for incentives to the developer to forego economic benefit in exchange for more units and more affordability. The waiving of the cost of any additional public benefit beyond what is proposed by the applicant would be an identifiable and actual cost reduction that would provide for the project’s affordable housing costs.

Government Code Section 65915(p)— Reduced Parking Ratios No reduced parking ratios are requested.

Interim Objective Design Standards
For Single-Family Residential Projects Planning Division Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 1 / 13

1. Single‐Family Subdivisions
Objective Design Standard
Has this
Standard been
met? N/A, Yes,
or No
If the standard has not been met and
an exception is being requested,
please provide reasoning and
justification for the request.

1.1      Subdivision Layout
A
Subdivisions, subdivision phases, streets, and blocks of single‐family lots shall be arranged and staged such that no more than twenty‐five (25) lots are developed with access from a single public roadway. Development of any additional lots will require construction of additional connecting roadway providing secondary ingress and egress. Twenty‐six (26) to seventy‐five (75) lots require two (2) access roads; seventy‐six (76) to one hundred seventy‐five (175) lots require three (3) access roads, and one hundred seventy‐six (176) or more lots require four (4) access points.

B
The maximum length of cul‐de‐sacs shall be six hundred feet (600') and no more than twenty‐ five (25) single‐family residential units shall have access off any individual cul‐de‐sac.

C
Utility distribution facilities as defined in the BMC are required to be undergrounded within all areas of the City as identified in the Brentwood Municipal Code Section 16.120.120.

D
Provide a minimum setback of 30 feet between sound walls and bordering arterial and collector streets.

1.2      Subdivision Landscaping
A
All street trees or parking lot trees must be a minimum of 24‐inch box size. In other areas, proposed trees must meet the following standards:

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity
YES N/A Maybe Please note that PGE has issued a notice that they will no longer allow u-ground transformers on new developments. Please resolve conflict
NO This standard is not consistent with existing soundwalls on Adams Lane, or any other minor arterial in Brentwood. Pllease revise standard,or issue waiver under Density Bonus YES Attachment 8 YES Please note that PG&E has issued notice prohibiting all subsurface transformers on new developments. If this ruling passes the PUC this standard may be void *
* Updated 2/12/2024 David Best, Shea Homes

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1. 1‐14 trees proposed: 50 percent must be 24‐inch box size minimum, remainder must be 15 gallon size minimum.

2. More than 14 trees proposed: Of the first 14 trees, seven trees must be 24‐inch box size minimum, and the remaining seven trees must be 15 gallon minimum size. Thirty percent of the remaining trees proposed must be 24‐inch box size minimum, and the remainder must be 15 gallon size minimum.

B
All proposed shrubs except accent, color, or ground cover planting, must be a minimum of 5 gallon size.

C
For detached residential projects, the front setback must maintain a minimum of 50 percent of its surface area as general planting (lawns, shrubs, trees and ground cover). A minimum of one tree must be provided per lot within the front setback, plus 2 additional trees on the side of corner lots
D
Landscaping plans must show all obstructions (including street lights, meters, backflow devices, utility covers, and transformers) that affect plant placement and installation limitations.

E
All street trees must be planted and installed per the City’s Public Works/Engineering Division Standard Plans and Specification.

1.3      Subdivision Architectural Diversity
A
Residential projects must provide a minimum of one distinct plan with four distinctive elevations for every 25 units.

B  Within single‐family developments, at least 50 percent of corner lots must be single‐story units.

C
Within single‐family developments, at least 50 percent of lots backing up to a Major Arterial street, as identified in the General Plan, must be single‐story.

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity
YES NO See chart on sheet L-1.1. Many shrub and ground cover plantings are not appropriate as 5gal size.

YES N/A This level of detail is more appropriate when construction drawings are drafted after TM approval. Make a C.O.A.

N/A This level of detail is more appropriate when construction drawings are drafted after TM approval. Make a C.O.A.

YES YES YES Landscape plans revised
to show Arbutus andChilopsis as 24" box (24total), Magnolia as 15gal(17 total) which exceedsthe requirement.

YES Include general note on landscape conceptual plans
*
*
* YES TM submittal plans show a certain level of detail only. Further detail to comply with setbacks will be on working drawings

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2. Single‐Family, Two‐Unit Housing Developments, and Urban Lot Splits Objective Design Standard
Has this
Standard been
met? N/A, Yes,
or No
If the standard has not been met
and an exception is being
requested, please provide reasoning
and justification for the request.

2.1      Two‐Unit Housing Developments and Urban Lot Splits Development Standards A
If all applicable development standards contained in the single‐family residential zone in which the primary dwelling unit is located cannot be met, then the maximum size of a primary dwelling unit is 800 square feet.

B
If all applicable development standards contained in the single‐family residential zone in which the primary dwelling unit is located cannot be met, then the maximum height permitted of a primary dwelling unit is one story, not to exceed 15 feet to the highest ridge or top of the structure, including parapet.

D  Within single‐family developments, at least 25 percent of all units must be single‐story.

E
Within single‐family developments, at least 10 percent of all units must have side‐loaded or an alternative to a front‐facing garage configuration.

F
Within single‐family developments, no more than 50 percent of the front elevation of a house may consist of garage area.

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity

YES YES YES N/AN/A

Interim Objective Design Standards
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No setback shall be required for an existing primary dwelling unit, or a primary dwelling unit constructed in the same location and to the same dimensions as an existing primary dwelling unit.

D
All primary dwelling units must comply with the minimum front setback standards established for the single‐family residential zone in which the unit is located.

E
Each primary dwelling unit constructed as part of a two‐unit housing development not within an existing structure or constructed in the same location and to the same dimensions as an existing structure must maintain a minimum of four feet to interior side and rear property lines.

F
All low‐rise residential buildings must have a photovoltaic (PV) system meeting the minimum qualification requirements as specified in 2019 California Energy Code Section 150.1(c)(14) Joint Appendix JA11, with annual electrical output equal to or greater than the dwelling's annual electrical usage as determined by Equation 150.1‐C: ANNUAL PHOTOVOLTAIC ELECTRICAL OUTPUT kWpv = (CFAxA)/1000+(NDwellxB), and Exceptions 1‐5 to Section 150.1(c)(14).

G
If a primary dwelling unit is located in the side or rear yard otherwise established for the zoning district by BMC Chapter 17.100, the maximum height of the portion of a primary dwelling unit located between the four‐foot setback line established in BMC Chapter 17.797 and the limit of the rear, side, or street side yard area established by BMC Chapter 17.100 is 15 feet, as measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure, including parapet. If the primary dwelling unit is proposed entirely outside of the rear, side, or street side yard area as established by the zoning district in BMC Chapter

17.100, the maximum height of the unit will be the same as that established by the zoning district, and measured as specified in BMC Chapter 17.100 for primary structures.

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity

N/A N/A N/A N/A N/A

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The upper stories of primary dwelling units must be separated from any structure on adjacent parcels by the following standards:

1. Where both the primary dwelling unit and the structure on the adjacent property are two or more stories, a minimum separation of 10 feet must be provided between the upper stories of the primary dwelling unit and the upper stories of the structure on the adjacent property.

2. Where only the primary dwelling unit is two or more stories and the structure on the adjacent parcel is one‐story, a minimum separation of 10 feet must be provided between the upper stories of the primary dwelling unit and the structure on the adjacent property.

3. For the purposes of this section, separation will be measured from the wall of one structure to the wall of the other structure, excluding architectural projections.

I
For the purpose of this section, accessory buildings do not include accessory dwelling units.

Dwelling units must be separated from accessory buildings on the same parcel, parcels resulting from an urban lot split, or adjacent parcels by a minimum of four feet, except that the distance between a main building or home and an accessory building shall be allowed to be closer than four feet if all of the following conditions are met:

1. These separation requirements would cause the primary dwelling unit to conflict with the minimum setbacks or unit size otherwise allowed by BMC Chapter 17.797.

2. All of the requirements of the Building and Fire Codes are met.

3. If accessory buildings are not located closer than five feet to any side or rear property line.

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity

N/A N/A

Interim Objective Design Standards
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One off‐street, covered parking space must be provided per unit, except if the parcel is located: (1) within one‐half mile walking distance of either a high‐quality transit corridor or a major transit stop; or (2) within one block of a car share vehicle. Transit frequency will be based on the schedule posted by Tri Delta Transit at the time of the issuance of the first “completeness” letter issued by the city following submittal of the application. Vehicle parking spaces may not: (1) be located within a front, side, or street side yard setback; (2) be a tandem space; or (3) be provided in a driveway. Vehicle parking spaces must meet the minimum dimensions set forth in BMC Chapter 17.620 (‘Off‐Street Parking’).

K
Development standards set forth in a planned unit development apply to any two‐unit housing development or urban lot split except that any such planned unit development standard cannot be applied if it would either: (1) result in a conflict with standards set forth by state law for a two‐unit housing development; or (2) preclude a two‐unit housing development that meets the applicable requirements of state law or this chapter.

2.2      Single‐Family, Two‐Unit Housing Developments, and Urban Lot Splits Architecture A
Primary dwelling units must meet the following standards for roof forms and detailing:

1. A sloped roof are defined as a gable, hip, cross gable roof, or any combination thereof.

Mansard roofs are prohibited.

2. Floor areas under sloped roofs are allowed to be designed for habitable use, provided that they comply with floor area maximums.

3. Roofs for primary dwelling units that result from alteration or addition to an existing main structure must match the existing slope, form, and materials of the main structure.

4. Roof material and color must be consistent throughout the entirety of the roof within each new or modified building that is part of the primary dwelling unit. Metal roll and

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity

N/A N/A YES

Interim Objective Design Standards
For Single-Family Residential Projects Planning Division Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 7 / 13 standing seam roofing shall be prohibited, except where their use is documented on existing adjacent structures.

5. A minimum of 25 percent of the roof area must include any combination of hip, gable, and/or shed dormers.

6. The roof styles and materials of garages and carports must match the materials and detailing of main and accessory structures.

7. Roofs must include projecting eaves and gable rakes. All roofs must have a minimum twelve‐inch eave overhang and shall have a pitch of not less than a four‐inch vertical rise for each twelve‐inch horizontal run.

B
If a unit has stairs leading to an upper story, the staircase must be fully enclosed within the interior of the primary dwelling unit. A staircase on the exterior of a primary dwelling unit is not permitted.

C
Upper story windows located closer than 25 feet from and facing an existing primary residence on an existing adjacent property must be located to maximize privacy for adjacent properties by using at least one of the following techniques:

1. The sill height must be located a minimum of 60 inches above the finished floor.

2. The location of the window is such that the centerline of the glazing is offset greater than 15 lateral feet from the centerline of any glazing on an existing adjacent primary structure.

3. Any window sash located partially or entirely below 60 inches from the finished floor must consist of frosted or obscured glazing.

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity

YES YES YES
* N/A
*

Interim Objective Design Standards
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150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 8 / 13 a) As used in this section, frosted or obscure glazing is glass that is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable.
b) As used in this section, the 25‐foot measurement shall be measured from the wall of one structure to the wall of the other structure, excluding architectural projections.

D  Fences, walls, and hedges must meet the requirements identified in BMC Chapter 17.630.009,  except that chain link, barbed wire, and razor wire fencing are prohibited.

E
Housing units positioned along any street frontage must meet the following requirements:

1. A minimum of one unit on each lot must have the front entry door facing the street.

2. Where the housing development comprises two side‐by‐side detached units positioned along the street frontage, each unit must have the front entry door facing the street.

Corner lots with two or more street frontages must orient the primary dwelling units so that each unit faces a different street.

3. Where two units are proposed to be attached and are located on an interior lot, one of the two units must have its front entry door facing the street, and the other unit must have its front entry door on the building side or rear. On a corner lot, it is encouraged, but nor required, for the two front entry doors to respectively face the front and street side. In no case, whether on an interior or a corner lot, may the front entry doors to two attached units be located on the same façade.

4. The floor elevation of the housing unit must be a maximum of twenty‐four inches above the finish grade of the lot.

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity
YES YES Varies Shared drive isle lots face the drive isle not the street, and duet unit entry doors are on the side. Request a waiver through Density Bonus
Varies Shared drive isle lots face the drive isle not the street, and duet unit entry doors are on the side. Request a waiver through DensityBonus
Duet unit entry doors are on the side. NO Request a waiver through Density Bonus YES N/A

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5. Street‐facing front entries must be clearly identifiable and connected to the public street by a pedestrian path with a minimum width of four feet.

6. Street‐facing entries must provide either a projecting entry with a minimum clear depth of six feet or a porch or patio that is a minimum of seven feet wide and six feet deep. Unroofed porches or patios, with three open sides, may be located no closer than 12 feet from a front property line, may not extend more than eight feet into a required front yard or side yard on the street side of a corner lot, and may not be closer than three feet to an interior side or rear property line, provided that the height, including railings, shall not exceed six feet above the grade of the ground at the property line.

7. Street‐facing doors must provide six square feet of glazing through any combination of door glazing, sidelights, or transoms.

8. Provide at least one architectural projection per unit with a minimum size of two feet, six inches deep by fifteen feet wide.

F
Mechanical and utility equipment must be concealed from view of the public right‐of‐way and must be placed behind a solid side or rear yard fence. Roof mounted equipment is prohibited.

G
Any tree that is twenty‐two inches in diameter at breast height or larger removed for construction of a dwelling unit must be replaced on‐site with a twenty‐four inch box tree.

H
Front yards and unfenced side yards adjacent to a street shall be landscaped in conformance with the standards set forth in Sections 17.630.008(H) through (N). Landscaping shall be installed within eighteen months of occupancy of that housing unit.

I  Refuse containers shall not be located within private driveways or be visible from the public right‐of‐way.

J  Windows and glazing areas of units must comply with the following:

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity
YES YES YES YES YES N/A YES YES Elevation styles that are appropriate to glazing willhave at least 6 sqft(Craftsman). Other styleswhere this is not appropriatewill not.

VARIES
*

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1. Windows must conform to the following:
a) Tinted windows and colored glazing are prohibited.
b) Plastic glazing is prohibited for windows and skylights. c) Simulated mullions are allowed only when mullions are located on both the inside and outside faces of the glazing.
d) Windows located in stucco walls must be recessed a minimum of two inches. e) All windows must provide exterior trim with a minimum dimension of ¾‐inch deep by 3 inches wide.
f) Windows located in wood clad masonry walls must provide surrounding wood trim with a minimum ¾‐inch depth and width of 3 inches.

2. Exterior wall planes exceeding 250 square feet in area must provide glazing for 30 percent of the total wall area.

K
Building facades and materials:

1. 100% of all elevations must contain features to provide visual interest through a combination of at least two of the following:
a) Volumetric elements with a minimum projection of 24 inches beyond the plane of the façade with use of window bays, building recesses, or porches with columns. b) Façade elements with a minimum depth of four inches with the use of window boxes or by offsetting a change in façade material with use of wainscot or water table.

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity
YES YES YES YES YES YES NO This requirement is not possible to achieve on certain areas of the home such as attic space gables, garages, utility walls, etc.

YES All 2-story homes comply
with (c). All front andside elevations complywith both (a) and (b). Applicant requests awaiver under densitybonus for side elevationswhich cannot complywithout violatingsetbacks.

N/A
*

Interim Objective Design Standards
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150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 11 / 13 c) 50% of all two‐story houses must have a minimum three‐foot horizontal plan offset.

2. Primary dwelling units must be composed of durable, quality materials as hereby identified:
a) The following façade materials are prohibited: T‐111 and similar plywood siding; corrugated and standing seam metal; and vinyl and plastic siding. b) All roofing materials must be tile.
c) When stucco is used, it must be used in combination with at least one other wall material, which must comprise at least 20% of the building frontage, excluding windows and railings. d) Durable and fire‐resistant alternatives for traditional materials are allowed as follows: fiber cement siding is permitted as a substitution for wood shake, horizontal siding, or board and batten paneling; and cement S‐tile roofing is permitted as a substitute for clay tile.

3. Transitions for both material and color must be located at interior corners.

4. All siding material must extend to a maximum of ten inches from the finish grade of the lot.

5. A minimum of two exterior building colors must be used on each unit at the street‐ facing façade. Primary dwelling units with no street‐facing façade must designate a front façade to meet this standard.

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity
YES YES NO This standard is not appropriate for Spanish style architecture. YES YES YES YES The Spanish elevation has now introduced mosaic tile accents to the frontelevation. While this doesnot result in 20% of thefrontage being a differentmaterial, it does introducean accent different thanstucco and is appropriate tothe style. All otherelevations comply VARIES *

Interim Objective Design Standards
For Single-Family Residential Projects Planning Division Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 12 / 13 L
Primary dwelling units must comply with the following landscaping requirements:

1. Lots with aggregate landscaped area equal to or greater to 2,500 square feet must comply with BMC Section 17.630.010 (‘Adoption of the Model Water Efficient Landscape Ordinance’).

2. Landscaping used to screen views of storage areas, trash enclosures, mechanical or HVAC equipment, irrigation and plumbing equipment, and transformers must be no more than a maximum of 42 inches in height.

M
Primary dwelling units must comply with the following lighting requirements:

1. Applicants must provide the following information for proposed exterior lighting fixtures:
a) Manufacturer cut sheets with Backlight/Uplight/Glare (B.U.G.) rating b) Lighting locations indicated on building or site plans c) Mounting heights for all proposed exterior fixtures. d) Exterior lighting fixtures must provide a maximum B.U.G. rating of B3 U0 G1.

2. Lighting must be recessed or hooded, downward directed, and located to illuminate only the intended area.

3. Lighting must not extend across a property line, including any property lines that result from a proposed urban lot split.

N
Garages constructed for units must meet the following standards:

1. Front or side‐entry attached garages are permitted but must comply with the standards identified in BMC Section 17.100.004 (‘Design criteria – Single‐family

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity

YES YES N/A N/AN/A YES YES YES YES
*

Interim Objective Design Standards
For Single-Family Residential Projects Planning Division Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 13 / 13 residence’). An attached, front‐entry garage shall be set back at least 4 feet behind the front plane of the structure to which it is attached.

2. Garage doors located in stucco walls must be recessed a minimum of four inches from the surrounding building wall.

3. Garage doors located in wood clad (or similar) siding, or masonry walls must provide surrounding wood trim with a minimum of three inches.

O  Sites containing a septic tank system must provide evidence of a percolation test within the last five years, or if the percolation test has been recertified, within the last ten years.

P  Housing units must comply with applicable Building and Fire Code safety standards such that each structure is sufficient to allow for its separate conveyance.

THE CITY OF

BRENJWOOD
Heritage * Vision ■ Opportunity
YES YES N/A YES NOTE: All notes and answers on this form are preliminary in nature and must be verified by the City planning department onthe design drawings submitted as part of this application. Should there be any discrepancy between this list of answersand the design drawings, the design drawings shall control.

SENT VIA ELECTRONIC MAIL
May 29, 2024
Sarah Yuwiler
Associate Planner
City of Brentwood
150 City Park Way
Brentwood, CA 94513
[email protected]
RE: MITIGATED NEGATIVE DECLARATION FOR THE BRENTWOOD ORCHARD GROVE NORTH SUBDIVISION PROJECT, DATED MAY 2, 2024, STATE CLEARINGHOUSE NUMBER 2024050112
Dear Sarah Yuwiler,
The Department of Toxic Substances Control (DTSC) received a Mitigated Negative Declaration (MND) for the Brentwood Orchard Grove North Subdivision project (Project). The proposed Project description indicates the site is currently vacant, undeveloped land that contained past agricultural uses. The land will subdivide the 9.6- acre site into 34 residential parcels, one onsite bioretention parcel, and a designated

0.4-acre remainder parcel.

Upon review, DTSC recommends and requests consideration of the following comments:

1. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing Attachment 9

Sarah Yuwiler
May 29, 2024

materials, and polychlorinated biphenyl caulk. Removal, demolition, and disposal of any of the above-mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in accordance with DTSC's Preliminary Endangerment Assessment (PEA) Guidance Manual.

2. DTSC recommends that all imported soil and fill material should be tested to ensure any contaminants of concern are within DTSC’s and U.S.

Environmental Protection Agency (USEPA) Regional Screen Levels (RSLs) for the intended land use. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material meets screening levels outlined in the PEA for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of the prior land use.

Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.

3. When agricultural crops and/or land uses are rezoned for residential use, a number of contaminants of concern can be present. The Lead Agency shall identify the amounts of Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If present, OCPs requiring further analysis are Dichlorodiphenyltrichloroethane (DDT), toxaphene, and dieldrin.

Additionally, any level of arsenic present would require further analysis and sampling and must meet Human Health Risk Assessment Note Number 3 approved thresholds outlined in the PEA Guidance Manual. If they do not, remedial action must take place to mitigate them below those thresholds. For boring and analyses recommendations under 50 acres, refer to DTSC Interim Guidance for Sampling Agricultural Properties; otherwise contact DTSC for approval over 50 acres.

Sarah Yuwiler
May 29, 2024

4. Additional chemicals of concern may be found in mixing/loading/storage area, drainage ditches, farmhouses, or any other outbuildings and should be sampled and analyzed. If smudge pots had been routinely utilized, additional sampling for Polycyclic Aromatic Hydrocarbons (PAHs) and/or Total Petroleum Hydrocarbons (TPHs) may be required.

DTSC appreciates the opportunity to comment on the MND for the Brentwood Orchard Grove North Subdivision Project. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like any clarification on DTSC’s comments, please respond to this letter or via email for additional guidance.

Sincerely,
Dave Kereazis
Associate Environmental Planner
HWMP-Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]

Sarah Yuwiler
May 29, 2024

cc: (via email)
Governor’s Office of Planning and
Research State Clearinghouse
[email protected]
Tamara Purvis
Associate Environmental Planner
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]

Central Valley Regional Water Quality Control Board
3 June 2024
Sarah Yuwiler
City of Brentwood
150 City Park Way
Brentwood, CA 94513
[email protected]

COMMENTS TO REQUEST FOR REVIEW FOR THE MITIGATED NEGATIVE

DECLARATION, BRENTWOOD ORCHARD GROVE NORTH SUBDIVISION
PROJECT, SCH#2024050112, CONTRA COSTA COUNTY
Pursuant to the State Clearinghouse’s 2 May 2024 request, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) has reviewed the Request for Review for the Mitigated Negative Declaration for the Brentwood Orchard Grove North Subdivision Project, located in Contra Costa County.

Our agency is delegated with the responsibility of protecting the quality of surface and groundwaters of the state; therefore our comments will address concerns surrounding those issues.

I. Regulatory Setting
Basin Plan
The Central Valley Water Board is required to formulate and adopt Basin Plans for all areas within the Central Valley region under Section 13240 of the Porter-Cologne Water Quality Control Act. Each Basin Plan must contain water quality objectives to ensure the reasonable protection of beneficial uses, as well as a program of implementation for achieving water quality objectives with the Basin Plans. Federal regulations require each state to adopt water quality standards to protect the public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act. In California, the beneficial uses, water quality objectives, and the Antidegradation Policy are the State’s water quality standards. Water quality standards are also contained in the National Toxics Rule, 40 CFR Section 131.36, and the California Toxics Rule, 40 CFR Section 131.38.

The Basin Plan is subject to modification as necessary, considering applicable laws, policies, technologies, water quality conditions and priorities. The original Basin Plans were adopted in 1975, and have been updated and revised periodically as required, using Basin Plan amendments. Once the Central Valley Water Board has adopted a Basin Plan amendment in noticed public hearings, it must be approved by

Brentwood Orchard Grove - 2 - 3 June 2024
North Subdivision Project
Contra Costa County
the State Water Resources Control Board (State Water Board), Office of Administrative Law (OAL) and in some cases, the United States Environmental Protection Agency (USEPA). Basin Plan amendments only become effective after they have been approved by the OAL and in some cases, the USEPA. Every three (3) years, a review of the Basin Plan is completed that assesses the appropriateness of existing standards and evaluates and prioritizes Basin Planning issues. For more information on the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, please visit our website:
http://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/ Antidegradation Considerations
All wastewater discharges must comply with the Antidegradation Policy (State Water Board Resolution 68-16) and the Antidegradation Implementation Policy contained in the Basin Plan. The Antidegradation Implementation Policy is available on page 74 at:
https://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/sacsjr_2018

05.pdf
In part it states:

Any discharge of waste to high quality waters must apply best practicable treatment or control not only to prevent a condition of pollution or nuisance from occurring, but also to maintain the highest water quality possible consistent with the maximum benefit to the people of the State.

This information must be presented as an analysis of the impacts and potential impacts of the discharge on water quality, as measured by background concentrations and applicable water quality objectives.

The antidegradation analysis is a mandatory element in the National Pollutant Discharge Elimination System and land discharge Waste Discharge Requirements (WDRs) permitting processes. The environmental review document should evaluate potential impacts to both surface and groundwater quality.

II. Permitting Requirements
Construction Storm Water General Permit
Dischargers whose project disturb one or more acres of soil or where projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit), Construction General Permit Order No. 2009-0009-DWQ. Construction activity subject to this permit includes clearing, grading, grubbing, disturbances to the ground, such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). For more information on the Construction General Permit, visit the State Water Resources Control Board website at:

Brentwood Orchard Grove - 3 - 3 June 2024
North Subdivision Project
Contra Costa County
http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.sht ml
Clean Water Act Section 404 Permit
If the project will involve the discharge of dredged or fill material in navigable waters or wetlands, a permit pursuant to Section 404 of the Clean Water Act may be needed from the United States Army Corps of Engineers (USACE). If a Section 404 permit is required by the USACE, the Central Valley Water Board will review the permit application to ensure that discharge will not violate water quality standards. If the project requires surface water drainage realignment, the applicant is advised to contact the Department of Fish and Game for information on Streambed Alteration Permit requirements. If you have any questions regarding the Clean Water Act Section 404 permits, please contact the Regulatory Division of the Sacramento District of USACE at (916) 557-5250.

Clean Water Act Section 401 Permit – Water Quality Certification If an USACE permit (e.g., Non-Reporting Nationwide Permit, Nationwide Permit, Letter of Permission, Individual Permit, Regional General Permit, Programmatic General Permit), or any other federal permit (e.g., Section 10 of the Rivers and Harbors Act or Section 9 from the United States Coast Guard), is required for this project due to the disturbance of waters of the United States (such as streams and wetlands), then a Water Quality Certification must be obtained from the Central Valley Water Board prior to initiation of project activities. There are no waivers for 401 Water Quality Certifications. For more information on the Water Quality Certification, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/water_issues/water_quality_certificatio n/
Waste Discharge Requirements – Discharges to Waters of the State If USACE determines that only non-jurisdictional waters of the State (i.e., “nonfederal” waters of the State) are present in the proposed project area, the proposed project may require a Waste Discharge Requirement (WDR) permit to be issued by Central Valley Water Board. Under the California Porter-Cologne Water Quality Control Act, discharges to all waters of the State, including all wetlands and other waters of the State including, but not limited to, isolated wetlands, are subject to State regulation. For more information on the Waste Discharges to Surface Water NPDES Program and WDR processes, visit the Central Valley Water Board website at:https://www.waterboards.ca.gov/centralvalley/water_issues/waste_to_surface_wat er/
Projects involving excavation or fill activities impacting less than 0.2 acre or 400 linear feet of non-jurisdictional waters of the state and projects involving dredging activities impacting less than 50 cubic yards of non-jurisdictional waters of the state may be eligible for coverage under the State Water Resources Control Board Water Quality Order No. 2004-0004-DWQ (General Order 2004-0004). For more information on the General Order 2004-0004, visit the State Water Resources Control Board website at:

Brentwood Orchard Grove - 4 - 3 June 2024
North Subdivision Project
Contra Costa County
https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/200 4/wqo/wqo2004-0004.pdf
Dewatering Permit
If the proposed project includes construction or groundwater dewatering to be discharged to land, the proponent may apply for coverage under State Water Board General Water Quality Order (Low Threat General Order) 2003-0003 or the Central Valley Water Board’s Waiver of Report of Waste Discharge and Waste Discharge Requirements (Low Threat Waiver) R5-2018-0085. Small temporary construction dewatering projects are projects that discharge groundwater to land from excavation activities or dewatering of underground utility vaults. Dischargers seeking coverage under the General Order or Waiver must file a Notice of Intent with the Central Valley Water Board prior to beginning discharge.

For more information regarding the Low Threat General Order and the application process, visit the Central Valley Water Board website at:
http://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2003/ wqo/wqo2003-0003.pdf
For more information regarding the Low Threat Waiver and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/waiv ers/r5-2018-0085.pdf
Limited Threat General NPDES Permit
If the proposed project includes construction dewatering and it is necessary to discharge the groundwater to waters of the United States, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. Dewatering discharges are typically considered a low or limited threat to water quality and may be covered under the General Order for Limited Threat Discharges to Surface Water (Limited Threat General Order). A complete Notice of Intent must be submitted to the Central Valley Water Board to obtain coverage under the Limited Threat General Order. For more information regarding the Limited Threat General Order and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/gene ral_orders/r5-2016-0076-01.pdf
NPDES Permit
If the proposed project discharges waste that could affect the quality of surface waters of the State, other than into a community sewer system, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. A complete Report of Waste Discharge must be submitted with the Central Valley Water Board to obtain a NPDES Permit. For more information regarding the NPDES Permit and the application process, visit the Central Valley Water Board website at: https://www.waterboards.ca.gov/centralvalley/help/permit/

Brentwood Orchard Grove - 5 - 3 June 2024
North Subdivision Project
Contra Costa County
If you have questions regarding these comments, please contact me at (916) 464-4684 or [email protected].

Peter G. Minkel
Engineering Geologist
cc: State Clearinghouse unit, Governor’s Office of Planning and Research, Sacramento

De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm

DE NOVO PLANNING GROUP
1020 Suncast Lane, Suite 106 | El Dorado Hills, CA 95762 [email protected] | TEL 916 580 9818
June 25, 2024
Sarah Yuwiler, Associate Planner
City of Brentwood
150 City Park Way
Brentwood, CA 94513
SUBJECT: Orchard Grove North Project – Response to the IS/MND Comment Letters Dear Mrs. Yuwiler:

De Novo Planning Group has carefully reviewed the two (2) comment letters received for the Orchard Grove North (Project) IS/MND. Specifically, a comment letter each was received from 1) the Central Valley Regional Water Quality Control Board (CVRWQCB) letter dated June 3, 2024, and 2) the California Department of Toxic Substances Control (DTSC), dated May 29, 2024. These letters include general recommendations and/or lists of potential applicable regulatory requirements. While a formal response to these comment letters is not warranted or required, we have provided a summary of the comments within each letter, and brief responses. 1) CVRWQCB Comment Letter:

Comment(s): This comment letter lists various regulatory requirements related to water resources that the Project may be subject to. The regulations cited include the CVRWQCD’s Basin Plan, the State’s Antidegradation policy, and various permitting requirements.

Response: The Project would comply with all applicable regulatory requirements, as required by law. No further response to this comment letter is warranted. 2) The DTSC Comment Letter:

Comment: This comment letter recommends that if any buildings or structures are to be demolished on the Project site, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials or polychlorinated biphenyl caulk, and that any removal, demolition, and disposal of such materials should be conducted according to the applicable environmental regulations and policies.

Response: A Phase I Environmental Site Assessment (ESA), dated June 5, 2023, and provided as Appendix E to the IS/MND, was prepared for the Project. The Phase I found that no evidence of Recognized Environmental Conditions, Controlled Recognized Environmental Conditions or Historical Recognized Environmental Conditions in connection with the Site. Further, and consistent with the findings of the Phase 1 ESA, Mitigation Measure HAZ-1 requires the Project applicant to incorporate the recommendations of the Phase 1 ESA, which includes viewing the interior of the barn located on-site (to be demolished) to determine whether any hazardous materials or other environmental conditions are present. Therefore, the barn would be evaluated for the potential for the presences of lead-based paints or products, mercury, asbestos containing materials or polychlorinated biphenyl caulk, and that any removal, demolition, and disposal of such Attachment 10

De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm

DE NOVO PLANNING GROUP
1020 Suncast Lane, Suite 106 | El Dorado Hills, CA 95762 [email protected] | TEL 916 580 9818
materials would be conducted according to the applicable environmental regulations and policies.

No further response to this comment is warranted.

Comment: The comment letter includes a recommendation that all imported soil and fill material should be tested to ensure any contaminants of concern are within DTSC’s and U.S. Environmental Protection Agency (USEPA) Regional Screen Levels (RSLs) for the intended land use.

Response: As described in the Phase 1 ESA for the Project, no contaminants of concern were identified within the Project site’s soils. Additionally, soil import from outside of the Project site is not anticipated for this Project. Regardless, should any soil be imported, it would be tested consistent with the applicable requirements. No further response to this comment is warranted.

Comment: The comment letter also provides recommendations for soil testing within the Project site (including Pesticides and Organochloride Pesticides, or OCPs).

Response: A Phase 1 ESA was prepared for the Project, which tested to the Project site soils for all contaminants of potential concern, including for OCPs. See IS/MND Appendix E for more detail.

The Phase I found that no evidence of Recognized Environmental Conditions, Controlled Recognized Environmental Conditions or Historical Recognized Environmental Conditions in connection with the Project site (including for OCPs). No further response to this comment is warranted.

Comment: The comment letter states that additional chemicals of concern may be found in mixing/loading/storage area, drainage ditches, farmhouses, or any other outbuildings and should be sampled and analyzed. If smudge pots had been routinely utilized, additional sampling for Polycyclic Aromatic Hydrocarbons (PAHs) and/or Total Petroleum Hydrocarbons (TPHs) may be required.

Response: As previously described, a Phase 1 ESA was prepared for the Project, consistent with all applicable requirements, which tested to the Project site for all applicable chemicals of concern, and found no evidence of Recognized Environmental Conditions, Controlled Recognized Environmental Conditions or Historical Recognized Environmental Conditions in connection with the Project site. No further response to this comment is warranted.

Sincerely,

DE NOVO PLANNING GROUP
Josh Smith
Senior Planner

PLANNING COMMISSION AGENDA ITEM NO. E.1
07/02/2024
SUBJECT: Continuance of an application for a Vesting Tentative Subdivision Map, Design Review, and grant of a Density Bonus and waivers for the Orchard Grove North residential project.

DEPARTMENT: Community Development
STAFF: Erik Nolthenius, Planning Manager
Sarah Yuwiler, Associate Planner

TITLE/RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 24-028 recommending that the City Council approve the Mitigated Negative Declaration (SCH# 2024050112) and Mitigation Monitoring and Reporting Program; Resolution No. 24-029 recommending that the City Council approve Vesting Tentative Subdivision Map No. 9649 (VTSM 9649); and Resolution No. 24-030 recommending that the City Council approve Design Review No. 23-012 (DR 23-012) for the Orchard Grove North project, as conditioned.

The project includes a Vesting Tentative Subdivision Map (VTSM 9649) for the subdivision of 9.6-acres into 34 parcels (including 30 single-family detached homes and four affordable duets), one on-site bioretention parcel, and a designated 0.4- acre remainder parcel. The project also includes a density bonus application to allow for a 17.2% increase in density pursuant to the State Density Bonus Law (SDBL), as well as a design review application (DR 23-012) for the homes to be constructed on the 34 parcels and a modification request to the General Plan density transition policy.

The project is located at 1901 Lone Oak Road, just south of Grant Street and directly east of Adams Lane (APN 016-040-004).

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 are included by reference as conditions of approval.
1

PLANNING COMMISSION AGENDA ITEM NO. E.1
07/02/2024

OWNER/APPLICANT
Gloria McCoy / Shea Homes

GENERAL PLAN
Residential - Very Low Density (R-VLD)

ZONING/SURROUNDING LAND USES
Single-Family Residential Estate (R-1-E)
Surrounding Land Uses
North: The Rock Church and Vineyard Academy school
South: Vacant land currently under construction with the original Orchard Grove single-family subdivision
West: Adams Lane and Marsh Creek Elementary School
East: Lone Oak Road and single-family homes zoned R-1-E 2023 Aerial Photo of Project Site
2

PLANNING COMMISSION AGENDA ITEM NO. E.1
07/02/2024

PREVIOUS ACTION(S)
At the June 4, 2024 Planning Commission meeting, staff requested and was granted a continuance of this item due to a discrepancy that was discovered after publication of the agenda packet. The Initial Study/Mitigated Negative Declaration (IS/MND) contained the incorrect Archaeological Assessment Report cited in Section V “Cultural Resources”. The correct Archaeological Assessment Report has now been attached.

BACKGROUND
The 9.6-acre project site is located at 1901 Lone Oak Road (APN 016-040-004) on the east side of Adams Lane. The site is currently developed with one single-family home at the southeast corner of the property, in which the property owner currently resides, and will remain as a 0.4-acre remainder parcel with this subdivision. The rest of the parcel is currently vacant grassland but does have a history of agricultural use.

The General Plan designates the site as Residential-Very Low Density (R-VLD) and the site is zoned single-family residential estate (R-1-E), with a minimum lot size of 14,500 square feet. The R-VLD designation provides for fairly large lots for singlefamily 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 August 2023. 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. August 18, 2023), 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 state law requirement that cities cannot limit density through subjective criteria. The City Council has previously directed that this policy be removed from the General Plan.
3

PLANNING COMMISSION AGENDA ITEM NO. E.1
07/02/2024

PROJECT DESCRIPTION
The applicant, Shea Homes, is requesting the approval of an Initial Study/Mitigated Negative Declaration (IS/MND), a Mitigation Monitoring and Reporting Plan (MMRP), a Vesting Tentative Subdivision Map (VTSM 9649), and a Design Review (DR 23-012) for a new 34-unit single-family development including four (4) affordable duet units, one on-site bioretention parcel, and a designated 0.4-acre remainder parcel. The project also includes a density bonus application to allow for a 17.2% increase in density, with an overall project density of 3.54 units per gross acre, as well as associated waivers, one of which is the City’s General Plan Density Transition Policy.

The project includes four affordable units; two affordable to households qualifying as Very Low Income and two of the units affordable to households qualifying as Moderate Income. Two of the duets have lot sizes of 3,867 square feet and the other two duets are located on 4,532 square foot lots. The remaining 30 lots range in size with a majority of the lots being approximately 8,000 square feet and the lots around the perimeter of the project being slightly larger (up to 13,389 square feet).

The proposed project will connect to the public loop street to the south that is currently under construction as part of the recently approved Orchard Grove subdivision. Orchard Grove and Orchard Grove North are accessible from two locations off of Adams Lane. Adams Lane will be widened along the project frontage consistent with the approval for the Orchard Grove subdivision to the south. No access to the 34 new lots will be provided via Lone Oak Road. The existing singlefamily home on the property will continue to have frontage on (and take access from) Lone Oak Road.

ANALYSIS

GENERAL PLAN AND HOUSING ELEMENT 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 3.54 du/ac (34 units/9.6 acres) due to a density bonus request under State Density Bonus Law, which will be explained in more detail below. As noted above, the City cannot impose the “midrange” policy currently identified in the General Plan. 4

PLANNING COMMISSION AGENDA ITEM NO. E.1
07/02/2024
In addition to applicable State laws, the City’s 2014 General Plan and 2023 Housing Element have goals and policies to ensure that adequate provisions are made for meeting the housing needs of all economic segments of Brentwood. These goals and policies are supported through actions listed in the General Plan and Housing Element, and include granting density bonuses, when required by State law and by integrating affordable housing into single-family neighborhoods so that the overall construction and quality of the affordable homes is compatible with that of the market rate units. The proposed project meets the intent of the goals and polices established by the General Plan and Housing Element as follows:

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 proposes a land use pattern that provides for a diverse and self-sufficient community that offers a broad spectrum of housing by providing 30 detached singlefamily market rate homes and four attached affordable duet units.

Goal H-1. Facilitate a diversity of housing opportunities to enhance the City's living environment and to satisfy the shelter needs of all Brentwood residents.

The project provides a diversity of housing opportunities by providing 30 detached single-family market rate homes and four attached affordable duet units. The four affordable units include a variety of affordability levels. Two of the units are affordable to households qualifying as Very Low Income and two of the units affordable to households qualifying as Moderate Income.

Goal H-2. Encourage housing that is affordable to all socio-economic segments of Brentwood’s population.

The project includes four affordable units with varying levels of affordability, as referenced above.

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 5

PLANNING COMMISSION AGENDA ITEM NO. E.1
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encourage the construction of the inclusionary units as well as provide the details for available alternatives to satisfy inclusionary housing obligations.

The project complies with the City’s adopted affordable housing ordinance that was in effect at the time the project was deemed complete and per the Brentwood Municipal Code (BMC 17.725.003D), by providing the required number of affordable units for projects between 27 and 34 units (one low-income unit, two moderateincome units, and one very low-income unit). Pursuant to the City’s ordinance and consistent with State law, a very low-income unit also qualifies as a low income unit and therefore the project complies with BMC 17.725.003D by providing two very lowincome units and two moderate-income units. In addition, the project developer would be required to enter into an Affordable Housing Agreement with the City prior to final map approval.

Action H 2i. Density Bonus Ordinance: Assembly Bill 2345, Chapter 197 Statutes 2020 requires a density bonus of up to 50 percent when a qualifying percentage of Below Market Rate (BMR) units are proposed.

The project site is within the General Plan Residential - Very Low Density (R-VLD) land use designation, which provides for a density range from 1.1 to 3.0 dwelling units per acre. Pursuant to the SDBL, an applicant may obtain additional density without requiring a rezone or General Plan land use designation change, 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 density bonus is set on a sliding scale, based on the percentage of affordable units provided.

The base density for the project is 3 units/acre on 9.6 acres which would allow a total of 29 units. In order to invoke the SDBL provisions, a minimum of five percent (5%) of the units are required to be affordable to very low income households. The applicant is proposing two (2) of the project’s total 34 units as affordable to very-low income households which equates to six percent (6%) of the units and therefore meets the SDBL threshold for a density bonus (Government Code § 65915 (f)(2)(B)(1)(b)). The State’s sliding scale allows for a 22.5% density bonus for projects that offer 6% very low income units, which would allow the project to construct a total of 36 units. However, the applicant is not proposing to seek the full bonus allowed by law and is proposing a 17.2% density bonus, which equates to 34 units. The proposed project results in an overall density of 3.54 dwelling units per acre.

Goal H-3. Encourage an equitable distribution of housing for all economic groups throughout the community.
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By providing a mix of market rate, moderate, and low income units, the project achieves and maintains an equitable distribution of housing types available to all economic groups. The Regional Housing Needs Allocation (RHNA) for Brentwood for the 6th cycle requires planning for the development of 1,522 new affordable housing units, including 247 units for moderate-income households and 232 units for low income households for the next 2023-2031 housing allocation cycle. The proposed project would contribute four affordable units and 30 above moderate units that are all anticipated to be counted toward the 2023-2031 allocation cycle consistent with the provisions in the recently adopted and certified Housing Element. Additionally, the two sets of duet units will be spread throughout the proposed subdivision.

Action H- 3a. Affordable housing design and distribution: All affordable units within a mixed-income subdivision shall be harmonious and comparable to the market-rate units in exterior design, quality of materials and architectural elements, and overall construction quality. Affordable units may have different interior amenities and/or slightly different dimension than market rate units in a residential development.

Affordable units in a mixed-income development shall be dispersed throughout the residential development so as to prevent the concentration of affordable units.

The duet housing product proposed for the affordable units provides for a fourbedroom, two-story home with a two-car garage. This home design is comparable in bedroom and bathroom count, garage configuration, and floor plan layout with the market rate homes, although of smaller total square footage as is allowed under Brentwood affordable housing ordinance. The design and distribution of the affordable units are comparable to the market rate units in exterior design, materials, architectural elements, and overall construction quality, as well as the number of bedroom and proportion of bedroom types. The affordable units are also dispersed throughout the residential development.

Goal H-4. Housing Opportunities: Promote equal housing opportunities for all residents of Brentwood.

The project provides 30 market rate units and four affordable units; two affordable to very low-income households and two affordable to moderate-income households.

The proposed project would be anticipated to contribute four affordable units to the 2023-2031 allocation cycle consistent with the provisions in the Housing Element.

Action LU 2a. Density Transition Policy
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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. Given the presence of one-acre lots both north and east of the site, the adjacent proposed lots are required by this policy to have a minimum area of 20,000 square feet. The project does not meet this requirement and seeks modification of the policy. The General Plan Action LU 2a(4) grants the Planning Commission the discretion to modify the density transition policy when certain findings can be met. Here, there are three affected parcels to the north, owned by The Rock Church, located at 1770 Adams Lane (APN 016-040-009, 016-040-011, and 016-040-010). Under the General Plan, an exception to affected transition lot requirements can be made when the adjacent property has a similar land use or zoning designation that would enable the future subdivsion of the adjacent property into lots of a size similar to those planned in the proposed subdivision, even though the property owner has no present intentions to subdivide their property (Goal LU 2 Action LU2a 4a.) The property located at 1770 Adams Lane has the same zoning designtion as the proposed project site.

However, this project is not seeking the Planning Commission’s approval of an exception to this density transition requirement per the General Plan. Instead, pursuant to SDBL, the applicant is requesting a waiver of the density transition requirement along the northern and eastern boundary of the project in order to provide the 34 units proposed. Although this request is made under SDBL, the General Plan requires that the Planning Commission make a recommendation to the City Council on any exceptions to the density transition policy. Therefore, the entire project is subject to review by the City Council. A detailed discussion regarding the proposed waiver can be found later in the staff report.

ZONING CONSISTENCY
The project site is zoned R-1-E, which allows for single-family detached residential uses on lots with a minimum size of 14,500 square feet. As shown in the table below, the project satisfies the required height and parking standards for the zoning district; however, the project proposes reduced front and rear yard setbacks, reduced lot area and width, and an increase in density. As allowed under the SDBL, the applicant is requesting waivers of these development standards, which is discussed further in the report.
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PLANNING COMMISSION AGENDA ITEM NO. E.1
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Table 1
R-1-E Development
Standards
Proposed Complies
Minimum Lot
Size
14,500 sf
10,000 sf (w/ CUP)
8,000 sf
3,750 sf (duet units)
No, waiver requested.

Minimum Lot
Width
100 ft 80 ft
40 ft (duet units)
No, waiver requested.

Minimum
Front Yard
Setback
20 ft 15 ft to living space
20 ft to garage
No, waiver requested.

Minimum Side
Yard Setback
10 ft, sum of both sides
25 ft
7 ft, sum of both sides
20 ft, 0 ft minimum for
duet on lot line that
splits the building
No, waiver requested.

Minimum
Street Side for
Corner Lots
15 ft 15 ft Yes
Minimum Rear
Yard Setback
30 ft 15 ft No, waiver requested
Minimum OffStreet Parking
Spaces
2 spaces 2 spaces Yes
Maximum
Building
Height
30 ft 27 ft 7 in Yes
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R-1-E Development
Standards
Proposed Complies
Density 2.0 units /acre
(permitted)

3.0 units/acre
(conditionally permitted)

3.54 units / acre SDBL allows for an
increase in density.

RELEVANT HOUSING LAWS
The State has passed numerous housing laws to address the housing shortage and limit local governments’ ability to deny housing projects that comply with the General Plan and/or zoning regulations. Several laws apply to the project that affect the City’s processing of the application. The housing laws that affect the Orchard Grove North 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 SDBL (Government Code §§ 65915- 65918).

State Density Bonus Law (SDBL)
The State Density Bonus Law was enacted in 1979 to address the shortage of affordable housing in California. The law has been amended dozens of times over the years. Pursuant to 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 density bonus is set on a sliding scale, based on the percentage of affordable units provided.

The project site is within the General Plan Residential- Very Low Density (R-VLD) land use designation, which allows for a density range from 1.1 to 3.0 dwelling units per acre. The base density for the project is 3 units/acre on 9.6 acres which would allow a total of 29 units. Here, the applicant is proposing to provide six percent (6%) of the units for very-low income households, which meets the State’s Density Bonus Law threshold for a density bonus (Government Code § 65915 (f)(2)(B)(1)(b)). The State’s sliding scale allows for a 22.5% density bonus for projects that offer 6% very low income units, which would allow the project to construct a total of 36 units.

However, the applicant is not proposing to seek the full bonus allowed by law and is proposing a 17.2% density bonus (total of 34 units) as illustrated in the table below. 10

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Table 2
Density Units
Base Density 9.6 acres x 3 units= 29
Proposed Density Bonus 29 units x 17.2%= 34
Max Allowed Density Bonus 29 units x 22.5%= 36
*Density calculations resulting in fractional units are required to be rounded up to the next whole number
When a developer sets aside a qualifying percentage of units in a housing development for affordable units, the City has no discretion with regard to the density bonus award; as long as the project provides the requisite affordability, the formulaic bonus must be awarded. With the recent revisions to the law, the applicant may also request incentives/concessions, waivers of development standards that would preclude development of the project as designed at the increased density, and the reduction of parking standards. In reviewing requested incentives or concessions, the City’s review of the requests is limited to determining the project’s eligibility for the requested incentives and concessions, and whether any requested deviations from City standards would (1) not actually result in identifiable and actual cost reductions to provide for affordable housing costs, (2) 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, (3) be contrary to state or federal law. Cities bear the burden of proof for the denial of any requested incentive, concession, or waiver not given.

Concession
An incentive/concession is defined as a reduction in site development standards or a modification of zoning requirements or architectural design requirements that exceed the minimum Building Code standards, or other regulatory incentives or concessions proposed by the developer or the City, that result in identifiable and actual cost reductions to provide for affordable housing costs (§ 65915(k)). A housing development project may be awarded between one and four incentives/concessions, depending on the level of affordability provided. Given the Project’s provision of 6% of units affordable to households of very-low income, it is entitled to a single incentive/concession under the SDBL (§ 65915(d)(1). The applicant is not requesting any concessions for this project.
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PLANNING COMMISSION AGENDA ITEM NO. E.1
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Waivers
Under the SDBL, a qualified applicant may request waivers of development standards such as lot sizes, lot dimensions, or setbacks. Pursuant to the SDBL, the City is not permitted to apply any development standards that would physically preclude the construction of the project as designed at its permitted density with the concessions allowed under the law. As with 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 waivers that may be requested or granted. The following table provides an analysis of the waivers requested by the applicant:

Table 3
General Plan
Transition Policy
Waiver Request Analysis
1 General Plan Density
Transition Policy (LU-2a)
requires minimum
20,000 square foot lot
sizes for certain lots
along the exterior of the
project.

Waive the General
Plan Density
Transition Policy
requirements for
lots on the
northern & eastern
edge of the site to
instead range from
3,867 sq. ft. for
the duet lots and
between 10,429
sq. ft. to 13,389
square feet for the
detached singlefamily lots.

The proposed development is
subject to the General Plan
Transition Policy LU-2a requiring
20,000 sf minimum lot sizes on
the northern and eastern borders
of the property. Requiring those
lots to strictly adhere to this policy
would physically preclude
construction at the proposed
density because it would result in
elimination of multiple lots from
the land plan.

R-1-E Zoning
Standard
Waiver Request Analysis
2 Minimum lot size
is 14,500 sf; minimum
lot size can be reduced
to 10,000 sf for
conditionally permitted
uses
Minimum lot sizes
for the market rate
units reduced to
8,000 sf.

Larger lot sizes would physically
preclude construction of the
project at the proposed density.

The applicant ran a sample land
plan scenario showing the
constraints of 10,000 sf minimum
lot sizes on the project as a whole,
the 20,000 sf minimum on the lots
adjacent to existing large lot
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PLANNING COMMISSION AGENDA ITEM NO. E.1
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residential, and the various other
land use controls. The maximum
number of units possible on this
site under those conditions would
be 28 units, including the four
affordable unit required per the
City’s Affordable Housing
ordinance. The reduction to 8,000
sf minimum lot sizes on the
market rate units would be
necessary to allow for
construction of the 34-unit
project.
3 Minimum lot sizes
for the affordable
units reduced to
3,750 sf.

The duet housing product
proposed for the affordable units
provides for a four-bedroom, two
story home with a two car garage.

This design is consistent with the
bedroom and bathroom count,
garage configuration, and floor
plan layout with the market rate
homes, with the exception of total
square footage, as allowed under
the City’s Affordable Housing
ordinance. A larger lot size
requirement than what is
proposed would impact the
setbacks of the remaining homes
on the block. Without this waiver,
the proposed density project
would be physically precluded
from being constructed at the
proposed density, even with the
requested waivers for the market
rate units.
4 Minimum lot width is
100 feet
Minimum lot width
for the market rate
units reduced from
100 feet wide to 80
feet wide as,
measured at the
rear lot line.

Increased lot widths would
physically preclude construction of
the project. The applicant ran a
sample land plan scenario
showing the constraints of a
10,000 sf minimum lot size
(essentially the same as applying
a 100-foot minimum lot width) on
the project as a whole, a 20,000
sf minimum lot size on the lots
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PLANNING COMMISSION AGENDA ITEM NO. E.1
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adjacent to existing large lot
residential, and the various other
land use controls. The maximum
number of units possible on this
site under those conditions would
be 28, including the four
affordable unit required by the
City’s Affordable Housing
ordinance. The reduction in the
minimum lot dimensions on the
market rate units is necessary to
allow for construction of the 34-
unit project, while also allowing
for density transition lots on the
south and east, and a housing
product consistent with the
surrounding neighborhoods and
economically feasible in the
marketplace.
5 Minimum lot
dimensions for
duet units shall be
reduced from 100
feet wide to 40
feet, wide as
measured at the
rear lot line.

The duet housing product
proposed for the affordable units
provides for a four bedroom, two
story home with a two car garage.

This home design is comparable in
bedroom and bathroom count,
garage configuration, and floor
plan layout with the market rate
homes, although of smaller total
square footage, as is allowed
under Brentwood affordable
housing ordinance. The lot
dimensions proposed are
appropriate to the proposed
architecture and provide for
comfortable and livable setbacks.

Lot dimensions any larger than
what is proposed would not
materially improve the duet
homes and would significantly
impact the lot sizes and setbacks
of the remaining lots and homes
in the subdivision. Without this
waiver, the proposed density
project would be physically
precluded from building the 34
units allowed, even with the other
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PLANNING COMMISSION AGENDA ITEM NO. E.1
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requested waivers for setbacks
and lot sizes.
6 Minimum front yard
setback is 20 feet.

Minimum front yard
setbacks include an
allowance to
decrease the front
setback to 15 feet
to living space, yet
maintain the
existing 20 feet to
the garage.

The requested waiver is to allow
for a 15-foot front setback to any
living space that may project
forward of the garage. This
waiver is necessary to support the
proposed architecture as
described above while preserving
reasonable rear yard setbacks.

Without this waiver, lot depths
would have to increase, resulting
in the reduction of the total
number of units proposed for the
project, and physically precluding
the proposed 34-unit density
bonus project.
7 Minimum side yard
setback is 10 feet, the
sum of both sides is 25
feet.

Minimum side yard
setback reduced
from 10 feet
minimum to 7 feet
minimum and
reduced from 25
feet in aggregate to
20 feet in
aggregate.

The requested waiver is to allow
for a garage reduction of 3 feet on
the minimum and 5 feet on the
aggregate side yard setback. This
is necessary to support the
proposed architecture as
described above and
accommodating lot widths
necessary to achieve the densities
allowed under the density bonus.

Without this waiver, the project
could not be physically
constructed at the proposed
density because increased lot
widths would reduce the total
number of units proposed for the
project.
8 Side yard setback for
duet units
Side yard setbacks
shall include a
provision for a zero
setback on the lot
line defining the
common wall
between duets.

Because the duet units are
proposed to be fee simple
ownership, individual legal lots
must be mapped. A zero setback
is required on the lot line that
splits the building. Without this
waiver, the proposed duets could
not be physically constructed and
thus the project could not be
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PLANNING COMMISSION AGENDA ITEM NO. E.1
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physically constructed at the
proposed density.
9 Minimum rear yard
setback is 30 feet.

Minimum rear yard
setback shall be
reduced from 30
feet to 15 feet.

A 15-foot minimum rear yard
setback is necessary to support
the proposed architecture while
preserving the minimum front
yard setbacks. Without this
waiver, the project could not be
physically constructed at the
proposed density because
increased lot depths would reduce
the total number of units.

Objective Design
Standards*
Waiver Request Analysis

1.1(D) Minimum setback of 30
feet between sound
walls and bordering
arterial and collector
streets.

Minimum setback
shall be 15 feet.

Compliance with the 30-foot
setback would physically preclude
the project from constructing the
proposed number of units because
an increased setback would
reduce the number of units. Staff
also notes that this development
standard is not consistent with
existing sound walls on Adams
Lane or any other minor arterial in
Brentwood.

2.2(E)1 A minimum of one unit
on each lot must have
the front entry door
facing the street.

Allow eight lots to
not have entry
doors facing the
street.

The proposed subdivision has
some lots that gain access via a
shared access drive aisle off of the
public street and therefore these
homes are not oriented facing the
public street. Some of the
entrance doors for the duet units
are located on the side in order to
match the rest of the subdivision.

The requirement to have these
lots face the street would
physically preclude construction of
the number of proposed lots as
there is not enough room for all
lots to fit with frontage on the
street.
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2.2(E)2&3 Where the housing
development comprises
two side-by-side
detached units
positioned along the
street frontage, each
unit must have the front
entry door facing the
street. Where two units
are proposed to be
attached and are located
on an interior lot, one of
the two units must have
its front entry door
facing the street, and
the other unit must have
its front entry door on
the building side or rear.

Allow the duet
units to have front
doors both facing
the same street.

Some of the entrance doors for
both of the duet units are located
on the front in order to match the
rest of the subdivision and appear
as one single-family home. The
duets cannot be physically
constructed to comply with this
requirement and thus without the
waiver, the project could not be
constructed at the proposed
density.
*The applicant is requesting modifications to some standards in order to achieve the 34 lots.

Staff has analyzed whether all of the above waivers are subject to denial and has determined that they are not, for the following reasons:
(1) there are no 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 no specific, adverse impacts on public health or safety on any real property listed in the California Register of Historical Resources; and (3) the requested waivers are not contrary to state or federal law.

Affordable Housing Ordinance and Density Bonus Affordability Component The project application was deemed submitted under SB 330 in August of 2023, and therefore is subject to the City’s Affordable Housing Ordinance that was in effect at that time. The ordinance requires projects between 27 and 34 units to contain one low-income unit, two moderate-income units, and one very low-income unit (BMC

17.725.003D). Pursuant to the City’s ordinance and consistent with definitions of the state law, a very low-income unit qualifies as a low income unit and therefore the project complies by providing two very low-income units and two moderate-income units. The project is proposing four (4) affordable units, with two (2) affordable to very low-income households and two (2) affordable to moderate-income households. 17

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Under the State Density Bonus Law (Government Code § 65915 (f)(2)(B)(1)(b)), the project is required to provide five percent (5%) of the units for very-low income households in order to qualify for Density Bonus benefits. However, the project proposes six percent (6%) of the units for very-low income households which allows the project to qualify for an increase density of up to 22.5%. Units required by the City’s Affordable Housing Ordinance qualify as affordable units for purposes of the State Density Bonus Law. Therefore, with a total of four (4) affordable for-sale units, the project meets the affordability requirements as required by City and State requirements.

The designs of the affordable units are comparable to the exterior designs of the market rate units, materials, architectural elements, and overall construction quality, as well as the number of bedroom and proportion of bedroom types. The affordable units are also dispersed throughout the residential development, consistent with the requirements of the applicable Affordable Housing Ordinance.

VESTING TENTATIVE SUBDIVISION MAP
The subdivision consists of a rectangular-shaped 9.6-acre parcel, excluding the 0.4- acre remainder parcel at the southeast corner of the project site. The proposed vesting tentative subdivision map includes 34 single-family lots, a bioretention lot (Parcel A), and ties in to the previously approved looped public street for the original Orchard Grove subdivision just to the south of the parcel, with access via two points along Adams Lane. The bioretention parcel for storm water treatment is located on the northeast corner. Smaller residential lots ranging from 8,000 to 9,000 square feet are located at the center of the project and slightly larger lots ranging from approximately 10,000 to 13,400 square feet (with the exception of the duet lots) are located along the northern and western perimeter of the site.

Although the project will not have an on-site park, it is in close proximity to Blue Goose Park (a four-acre community park with many amenities), located directly across Adams Lane and southwest of the project site. Additionally, Dolphin Park is within a half mile walk of the project with a safe crossing at the controlled intersection of Grant Street and Adams Lane. Consistent with the City’s 2019 Parks, Trails and Recreation Master Plan, an on-site park is not required based on the availability of the two existing parks in the vicinity of the project site and the safe access thereto for project residents. As a draft condition of approval, the developer is subject to park 18

PLANNING COMMISSION AGENDA ITEM NO. E.1
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in-lieu fees to fund community-wide projects rather than construct another new park in close proximity to two existing parks (Goal CSF 2, Policy 2-9).

As part of the application review, the Public Works Department and the Contra Costa County Fire Protection District reviewed the proposed vesting tentative subdivision map to verify that safe and acceptable street widths are 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 will be established with a bio-retention basin constructed at the northeast corner of the site pursuant to Contra Costa County and State Water Resources Control Board regulations. A condition of approval would also require improvements to Lone Oak Road along the eastern project frontage.

DESIGN REVIEW
Access and Circulation
Access to the site would be via two existing (currently under construction by the Orchard Grove project directly to the south) access points off Adams Lane, which borders the property to the west and the subdivision will tie into the looped public street internal to the previously approved Orchard Grove project. The two projects will connect for an overall design of one continuous project to ensure consistency within the neighborhood, well-connected streets, and development that occurs in a logical and orderly manner. The internal street is approximately 56 feet in width, with sidewalks connecting to the existing sidewalk on Adams Lane. Adams Lane will be widened along the project frontage to accommodate through traffic and new turning movements into and out of the proposed project. Full right-of way improvements would be constructed within the internal street, including utilities, curb, gutter, and a separated sidewalk with a landscape strip. (Policy LU1-4, LU1-5, Policy CIR 1-2).

An analysis of the expected vehicle miles traveled (VMT) by the proposed residential development was prepared by TJKM Transportation Consultants. The proposed development is expected to generate 362 daily vehicle trips, including 27 a.m. peak 19