Chapter 16.120 — LAND DEVELOPMENT PROCEDURE

This chapter is adopted to supplement and implement the Map Act and local ordinances pertaining to development to provide needed public improvements. This chapter may be cited as the "Land Development Ordinance of the City of Brentwood." (Ord. 471 § 3, 1990)

The purpose of this chapter is to officially define certain policies, requirements, and procedures for the development of property in the city, in order to:

• A. Establish minimum standards for the improvement of streets and easements of the city as a condition precedent to acceptance of dedications thereof;

• B. Cause the installation of utilities and public service facilities necessary to properly serve the property developed;

• C. Provide for the current financing of such facilities;

• D. Provide for the collection of charges for the use of certain facilities from property owners benefited by such installations;

• E. Spread the cost of required public improvements upon the property benefited in the manner contemplated by law;

• F. Prevent the dissipation or improper use of the city's general operating and maintenance funds in providing these improvements or in maintaining faulty installations;

• G. Protect the living standards, public safety, and common welfare of the general public;

• H. To facilitate and insure for the public benefit the acquisition of minimum street widths as they are established and as they are modified from time to time;

• I. To require the dedication and installation of improvements necessary to accomplish the purpose of the community development plan.

• (Ord. 471 § 3, 1990)

The provisions of this chapter shall be applicable to the development of any subdivision or other land development as defined in this title, except as provided in Section 16.120.040. Prior to the development of any land in the city, the developer thereof shall conform to and comply with the requirements, rules and regulations of this chapter, and any other applicable federal or state law or statute or city ordinance.

(Ord. 471 § 3, 1990)

• A. Minor Improvements. In the case of either design review or planning review prior to the

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City of Brentwood, CA § 16.120.040

BRENTWOOD CODE

§ 16.120.050

issuance of a building permit, where the improvement contemplated by the developer is less than fifty percent of the improvements already on the same parcel, such improvement is hereby defined as a minor improvement for the purposes of this section, and hence, exempt from the requirements of this title. However, in the case where failure to construct or reconstruct improvements could cause a health or safety hazard or in any case where more than one building permit is applied for over a three-year period for improvements on the same parcel of land and the combined improvements are greater than fifty percent of the improvements already on the parcel prior to the issuance of the first such permit, the requirements of this chapter shall be applied to said parcel. The planning director shall determine the applicability of this chapter in conformance with the above guidelines.

• B. Prior Agreements. This chapter shall have no affect on development agreements previously entered into by the city, which agreements shall continue in full force and effect. Where such agreements provide that all development requirements are met by said agreements, additional requirements shall not be applied, except where there is further subdivision or other development not contemplated by the original agreement. No such prior agreement shall be considered as setting precedent.

• (Ord. 471 § 3, 1990)

Approval of development shall be in conformance with the following:

• A. Time of Application. The time of application for development approval shall be with the action first below listed, except where the agency or officer charged with application of the requirements, for good and sufficient reason, determines that it is in the best interests of the city to defer application of all or a portion of the requirements until some later listed action:

  1. Subdivision, either major or minor;

  2. Planned urbanization procedure;

  3. Design and site development review procedure;

  4. Conditional use permit procedure;

  5. Planning review prior to the issuance of a building permit.

• B. Permits—General provisions. The city has established both standards and requirements that must be met for the development of land or improvement projects. The obtaining of the proper permit(s) is required prior to the commencement of any improvement project or development. Such permit(s) may include, but are not limited to:

  1. Building;

  2. Sewer connection;

  3. Encroachment;

  4. Grading;

  5. Use;

  6. Business license;

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City of Brentwood, CA § 16.120.050

SUBDIVISIONS AND LAND DEVELOPMENT

8. Army Corps of Engineers;

   9. Contra Costa County flood control;

   10. Fish and game.

• C. Application for Permits. Prior to the commencement of any improvement project or development, the developer or property owner shall contact the city engineer to inform him or her of the work contemplated. The appropriate staff person (upon submittal of all required information and compliance with all standards and policies relating to the particular permit(s), shall then issue the proper permit(s) required.

• (Ord. 471 § 3, 1990)

• A. The developer shall submit five complete sets of prints of the improvement plans to the city engineer for review and said plan submittal shall be accompanied by the plan checking fee in accordance with the current fee schedule of the city. The city engineer shall review the plans and return one set to the developer with the required revisions, if any marked thereon.

• B. When the plans are found to be complete and satisfactory to the city engineer, the developer shall submit original drawings for approved signature by the city engineer and planning director.

• C. Improvement plans shall be prepared by a registered civil engineer and acted on by the city engineer within sixty working days of their submittal except as follows:

  1. At least fifteen working days must be provided for processing any resubmitted improvement plan.

  2. The sixty-working-day period does not include any days during which the improvement plan has been returned to the developer for correction, has been subject to review by other than the local agency or, following that review, has been returned to the applicant for correction.

  3. Any time limits may be extended by mutual consent of the developer and the city. However, a routine waiver of time limits may not be required as a condition of accepting the improvement plan.

• D. Should the city determine that it is unable to meet the above time limits, the city at the developer's request may hire a private entity to provide the services needed to meet the deadline. The developer may be charged an amount equal to the additional costs.

• (Ord. 471 § 3, 1990)

• A. The improvement plans shall be prepared by or under the direction of a civil engineer licensed by the state and shall show the complete plans, profiles and details for all streets and appurtenances, storm drainage, water systems and fire hydrants, sewers, utilities, grading and all other improvements proposed or necessary, on and off-site.

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City of Brentwood, CA § 16.120.070

BRENTWOOD CODE

§ 16.120.080

• B. Plans and profiles shall be submitted on uniform size sheets twenty-four inches by thirtysix inches overall dimension. A one-and-one-half-inch border shall be provided along the twenty-four-inch left-hand side of the sheet, and a one-inch border on the other three sides, with a title block in the lower right to clearly identify the nature of the plan. The scales for various portions of the drawings and the north point where applicable, shall be shown on all sheets.

• C. References shall be made to applicable city standard details and plans, in-lieu of duplicating the drawings thereof. Plans shall be drawn to professional drafting standards and to appropriate scales to clearly show intent, without crowding or possibility of misinterpretation. All plans, lettering, and details shall be drafted at sufficient scale to permit full legibility when photographically reduced to one-half original drawing size.

• D. If the plans include three or more sheets, a key map, at one inch equals three hundred feet or one inch equals six hundred feet scale showing streets and street names, lots and lot numbers, and the area thereof covered by each sheet of the plans, shall be included on the first sheet of the plans.

• (Ord. 471 § 3, 1990)

• A. Plans shall show complete plan, profile and detail for all street work, sanitary sewer systems, including valves and fire hydrants, storm drainage conduits, inlets, channels and structures; retaining walls, earthwork, bridges, the location of underground and aerial utilities, appurtenances and structures which may affect or be affect by the horizontal and vertical location of other facilities; street monuments, curb, gutters, sidewalks, landscaping; fences, gates and driveways and paths in conjunction with subdivision improvements; and, any and all other improvements which may be required to complete the work and coordinate the process of construction.

• B. When required by the city engineer plans shall show cross-sections, taken at intervals, locations, and to a scale as determined by him or her, to be submitted with the improvement plans, accurately showing original grounds and finished grades throughout the full width of the improvement area and beyond as he deems necessary, on or off-site.

• C. All storm drainage, sanitary sewer, water and street systems shall be designed and sized to accommodate such additional flows, volumes or loads as may be contributed by the existing or future development of lands adjacent to or beyond the limits of the subdivision.

• D. At the time of submittal for checking, plans shall be accompanied by a complete bond estimate, engineering calculations for storm drainage and sanitary sewage systems, and for any other facilities or structures deemed necessary by the city engineer to evaluate and check the improvement plans. Said bond estimate and calculations and each sheet of the improvement plans shall bear the signature and seal of the engineer who personally prepared or supervised the preparation thereof.

• E. A preliminary soils report, prepared by a civil engineer registered in this state, and based upon adequate test borings and submitted at the time of improvement plan submission, shall be required, and may be required, as determined by the city engineer, for subdivisions for which a parcel map is required in accordance with the following:

  1. If the preliminary soils report indicates the presence of critically expansive soils or

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City of Brentwood, CA § 16.120.080

SUBDIVISIONS AND LAND DEVELOPMENT

§ 16.120.100

other soil problems which, if not corrected would lead to structural defects, a full soils investigation and report for all or any portion of the subdivision may be required. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to all structures proposed in the area where such soils and soil related problems exist.

rrected would lead to structural defects, a full soils investigation and report for all or any portion of the subdivision may be required. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to all structures proposed in the area where such soils and soil related problems exist.

2. The council may approve the parcel or final map for a subdivision, or portion thereof where such soils problems exist if it finds, upon the recommendations of the city engineer, that the recommended action is likely to prevent structural damage to each structure to be constructed, and as a condition of the issuance of any building permit, may require that the approved recommended action be incorporated in the construction of each structure.

3. Where a preliminary soils report, soils report or geologic report has been required for a subdivision, the grading plans or development plans which provide the design for earthwork therefor shall bear the signature of the soils engineer who performed the investigation; and the as-built plans shall bear his or her certification that the work was performed in accordance with those plans.

4. The preliminary soils report may be submitted to the city engineer for review. The city engineer may review the report and may require additional information or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory.

• F. All improvement plans and final maps shall meet the requirements of the Brentwood engineering design standards, standard plans and standard specifications. All requirements stated above shall supersede the requirements stated in Sections 16.120.060, 16.120.070 and 16.120.080.

• (Ord. 471 § 3, 1990)

• A. At the time of development 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 wellbeing of the public upon completion of the development or redevelopment.

• B. Actual construction or reconstruction of improvements may be bonded and construction or reconstruction deferred for up to eighteen months but in no case shall improvements be deferred beyond the time of issuance of an occupancy permit in the case of new development or more than six months in the case of existing development unless specific extension of time is granted by the city council.

• C. All costs shall be the sole responsibility of the developer except as provided in Chapter 16.130 and Section 16.120.100.

• (Ord. 471 § 3, 1990)

• A. Reimbursement of Developer Costs. Except where the construction of public facility(s) is by means of assessment district proceedings and when the city finds that due to required oversizing beyond what is required for the development or other reason, such public

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City of Brentwood, CA § 16.120.100

BRENTWOOD CODE

§ 16.120.100

facility(s) when so constructed will potentially serve any property of any person other than the person paying the cost of construction thereof, then partial reimbursement of the cost of such construction from premises deriving direct connection benefit may be affected as follows:

1. Any person proposing to construct any public facility may apply in writing to the city engineer prior to commencement of reimbursement.

2. If the city engineer finds that such facility may reasonably be expected to benefit the property of any person other than the person proposing to construct such facility, he may recommend in writing to the city manager that a reimbursement agreement be approved for the applicant.

3. If the city manager concurs with the city engineer's recommendation, he or she may, in writing recommend to the city council that such applicant is entitled to partial reimbursement of his or her construction costs. The council may then authorize the issuance to such applicant of certificate of entitlement to reimbursement in compliance with this title.

4. Thereafter partial reimbursement shall be made to such applicant of the cost of those portions of any on and off-site public facilities required to be constructed as part of and by said development and which are greater or in excess of the minimum size or capacity required to serve that particular development as follows:

   • a. Payment shall be made of a portion of such funds as are thereafter paid to the city for reimbursements and until such date as the cost of such facilities (less credits made for connections by said applicants or his or her successors in interest) is fully reimbursed or until no more than ten years have elapsed from the date of completion of construction of such facilities, whichever date is earlier.

   • b. The amount of reimbursement shall not exceed the increment or unit of reimbursement established by resolution of the city council pursuant to this chapter.

5. In each such case, the cost of such facilities shall be determined by the city engineer after submission to him or her of an itemized statement of all of the costs of construction thereof. In the event of disagreement between the city engineer and the applicant, the applicant may appeal as provided herein.

6. In any case where the applicant for a certificate of entitlement to reimbursement is other than an individual, the city reserves the right to require that a payee be named in such certificate to act for and on behalf of all persons interested in the reimbursement.

7. There shall be no provision for interest or allowance for inflation reflected in reimbursement amounts.

• B. Reimbursement of City Costs:

  1. City Contributions:

• a. Whenever any property or parcel not under development is directly benefited by

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City of Brentwood, CA § 16.120.100

SUBDIVISIONS AND LAND DEVELOPMENT

§ 16.120.110

the installation of any of the required facilities, utilities, rights-of-way or public works improvements, the city may advance the costs of same and defer the collection of such charges until such time as said property is developed.

  - b. All charges shall be satisfied before any parcel, map, tract maps, building permit or service connection for such property is granted or accepted by the city. 

  - c. Engineering diagrams showing property benefited and the amounts of such deferred charges shall be furnished to the public works and finance departments of the city. 

  - d. Charges shall be based on actual costs as determined by the city engineer. 

2. Charges for Existing Improvements.

   • a. Whenever existing facilities, utilities or other public works improvements have been installed without cost to a property, the developer of such property must pay the city an amount which represents the reasonable cost of such improvements as determined by the city engineer as of the time the property is developed.

   • b. Said amount must be paid before service connections of any kind are made to such property.

• c. In addition to the charges mentioned in this paragraph, the developer shall also install all "on-site" service facilities up to the utility connection points.

• (Ord. 471 § 3, 1990)

• A. General Provisions. All design and construction shall be done in full conformance with applicable federal and state laws and local ordinance and resolutions. The planning commission or city engineer may set standards and policies of design and construction.

• B. Standards of Design. Design standards shall be as set forth in the community development plan, zoning ordinance, engineering design standards, this chapter, the facilities master plans as approved by the city engineer or by specific resolutions setting standards.

• C. Standards of Construction. Construction standards shall be as set forth in the city standards and special details and specifications as approved by the city engineer. The city engineer shall review all plans for public improvements and no construction of public improvements shall occur prior to approval of plans by the city engineer.

• D. Inspection of Improvements. All improvements shall be constructed under the inspection of, and to the satisfaction of the city engineer. Cost of inspection shall be borne by the developer.

• E. Completion of Improvements—Filing and Release of Bond.

  1. As required by Section 66499 of the Map Act, no improvements shall be approved, nor any permit issued or any subdivision map approved prior to filing with the city clerk a surety bond approved by the city attorney in such an amount as estimated by the developer to be adequate to complete all of the improvements required to be done

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City of Brentwood, CA § 16.120.110

BRENTWOOD CODE

§ 16.120.120

by the developer and as approved by the city engineer. A separate bond shall be submitted for labor and materials which meets the requirements as stated above.

2. Surety bonds shall be executed by the developer, as principal, and a corporation authorized to so act under the laws of the state, as surety, and shall be payable to the city and be conditioned upon the faithful performance of any and all work required to be done by the developer. Such bond shall be further conditioned to the effect that should the developer fail to complete all work required to be done by him or her within a specified time and to maintain the same for a period of twelve months after completion and acceptance by the council, the city may, at its option, cause all uncompleted required work to be done, and the parties executing the bond shall be firmly bound for the payment of all necessary costs thereof.

3. In lieu of a surety bond, the city may, upon request of a developer, accept recorded special assessment liens upon the developer's property to acquire or construct the subject improvements (such recorded liens to be established by legal proceedings of the city pursuant to the Municipal Improvement Act of 1913), or the developer may post cash, an instrument of credit, or other security as provided in the Subdivision Map Act.

e city may, upon request of a developer, accept recorded special assessment liens upon the developer's property to acquire or construct the subject improvements (such recorded liens to be established by legal proceedings of the city pursuant to the Municipal Improvement Act of 1913), or the developer may post cash, an instrument of credit, or other security as provided in the Subdivision Map Act.

4. Surety bonds may be reduced to ten percent of the amount required pursuant to this subsection at such time as the improvements are accepted by the city council. Any bonds shall be released at the end of a twelve-month warranty period provided all deficiencies have been corrected by the developer.

• (Ord. 471 § 3, 1990; Ord. 541 § 1, 1994)

• A. General Provisions.

  1. Utility distribution facilities, including, but not limited to, electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, shall be required to be placed underground. "Advanced technology systems" shall be defined as all necessary appurtenances, equipment and facilities required for the provision of Internet, computer, fiber optic, cable television, telephone, and other communication services within the public rightof-way and upon private property. The design, installation, inspection and testing requirements for city acceptance of such system shall meet the minimum requirements as outlined in the city of Brentwood standard plans and specifications as approved by the city engineer. The developer shall also dedicate to the city that portion of the system within the public right-of-way and shall dedicate to the property owner the portion of the system within the private property.

  2. All existing facilities except transmission facilities either along abutting streets or within a development shall also be underground at the time of development. "Along abutting streets" means on the same side of the abutting street as the property being developed, not the other side of the street.

  3. The developer is responsible for complying with all requirements of this subsection, and shall make the necessary arrangements with the utility companies for the

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City of Brentwood, CA § 16.120.120

SUBDIVISIONS AND LAND DEVELOPMENT

4. The city council, following the consideration by the planning commission, may waive undergrounding requirements if unusual topographical, soil or any other unusual problems (such as prolonged supply chain delays) make such underground installations unreasonable or impractical in accordance with the following:

   • a. If the requirement to underground utilities is waived, the city council may require the recordation of an improvement agreement, requiring the property owner and any subsequent owner of the subject property to join an underground utility assessment district, reimbursement district or similar improvement district, when such a district is formed, and to guarantee participation in such district by posting an improvement bond and recording a lien on subject property.

   • b. The affected developer or any utility company may submit information supporting a request for such waivers.

   • c. No waiver shall be granted in any undergrounding district previously established.

   • d. In the event such a waiver is granted as to a residential development, the developer shall be responsible for installing screening consisting of dense landscaping and/or wall(s) with a concrete apron meeting all PG&E requirements on at least three sides of the surface-mounted equipment and any such equipment proposed on residential lots shall not exceed twenty-six inches in height.

   5. The city engineer may waive undergrounding requirements as to equipment appurtenant to underground facilities (such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts) if unusual topographical, soil, or any other unusual problems (such as prolonged supply chain delays) make such underground installations unreasonable or impractical in accordance with the following:

      • a. The affected developer or any utility company may submit information supporting a request for such waiver.

      • b. In the event such a waiver is granted as to a residential development, the developer shall be responsible for installing screening consisting of dense landscaping and/or wall(s) with a concrete apron meeting all PG&E requirements on at least three sides of the surface-mounted equipment and any such equipment proposed on residential lots shall not exceed twenty-six inches in height.

      • c. The city engineer's authority to waive such requirement shall sunset on December 31, 2025, unless otherwise amended by the city council.

• B. Electric, Communication, Street Lighting and Advanced Technology Systems. All costs of placing existing or new facilities, required to be undergrounded by the developer, shall be paid for by the developer subject to the current California Public Utility Commission rules and regulations.

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City of Brentwood, CA § 16.120.120

BRENTWOOD CODE

1. The developer shall design, install, test and dedicate to the city two advanced technology system conduits, size to be determined, within the public right-of-way. The developer shall install, in one of the conduits, a fiber optic system designed to serve the subject development for use by the city of Brentwood or one of its licensed franchisee. The fiber optic system shall be installed in accordance with the citywide advance technology master plan and approved by the city engineer. The second conduit shall remain empty and shall be reserved to serve the subject development for the use of a city licensed franchisee not wishing to utilize the city's fiber optic system. Both conduits shall be installed to each lot line. The developer shall bear all design, construction, inspection, and testing costs associated with these underground requirements. Furthermore, the developer shall design, install, test and dedicate to the city all necessary components of the advanced technology system as depicted on the citywide advanced technology master plan.

   2. The developer shall design, install, test and dedicate to the property owner two advanced technology system conduits, size to be determined, to connect the public advanced technology system to the individual home or building. The developer shall install, in one of the conduits, a fiber optic system designed to serve the subject property. The fiber optic system shall be installed in accordance with the citywide advance technology master plan and approved by the city engineer. The second conduit shall remain empty and shall be reserved to serve the subject property for the use of a city licensed franchisee not wishing to utilize the city's fiber optic system. The developer shall bear all design, construction, inspection and testing costs associated with these underground requirements.

   3. The cable television or advanced technology company franchisee that elects to install facilities in the city's vacant conduit shall provide plans and specifications to the developer and the city of Brentwood. The licensed franchisee shall also inspect the facilities and certify to the city prior to final approval of the development that the cable television facilities or advanced technology systems are properly installed and serviceable. The design and installation shall meet the minimum criteria as outlined in the city of Brentwood standard plans and specifications.

• (Ord. 471 § 3, 1990; Ord. 609, 1999; Ord. 1077, 10/22/2024)

• A. Where practical difficulties, unnecessary hardships and effects inconsistent with the general purpose of this chapter may result from the strict application of certain provisions thereof, the city council may grant a variance subject to the following findings:

  1. That there are exceptional or extraordinary circumstances or conditions applying to the particular developed land or development site;

  2. That the granting of a variance shall not, under the circumstances of the particular case, materially adversely affect the health, safety, peace, morals, comfort or general welfare of the persons living on or in the neighborhood of the developed land or development site, and the variance will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

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City of Brentwood, CA

SUBDIVISIONS AND LAND DEVELOPMENT

§ 16.120.130

§ 16.120.130

• B. In the event that the city council makes the findings prescribed above and grants a variance, the approval of such variance shall be subject to such terms and conditions as imposed by the city council, if any.

• (Ord. 471 § 3, 1990)

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City of Brentwood, CA

SUBDIVISIONS AND LAND DEVELOPMENT

§ 16.130.010

§ 16.130.030