Brentwood Municipal Code Ch. 12.04 Street Widths

Note: The thoroughfare map is on file in the clerk's office.

The city council declares that:

A. The city of Brentwood, through the planning commission and the city council, has adopted a general plan which includes a circulation element. A stated policy of the circulation element specifies that the city should "develop a thoroughfare plan and mechanisms for assuring the protection of rights-of-way and development thereof in areas between the corporate limit and planned service area";

B. The magnitude of developing precise alignments and sections for the entire thoroughfare system precludes such plans being completed in their entirety in time to fully guide the development occurring within the planning area;

C. The surveys, hearings, map preparation and requirements of law, governing such matters necessitate such detailed plans being developed progressively and often in response to specific development proposals and issues;

D. To conserve the public safety and welfare, it is imperative that necessary rights-of-way for streets and thoroughfares within the city be protected against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or impractical the retention or creation of streets and thoroughfares, adequate in alignment, dimensions and vision clearance to serve the public needs, safety and welfare;

E. To deal effectively with the practical problem thus presented, it is necessary to establish future width lines and standard street sections on a city-wide basis.

(Ord. 297, 1980)

A. The following roadways are designated as thoroughfares and their general alignment is indicated on the thoroughfare map designated Exhibit "A," attached to and made a part of the ordinance codified in this chapter:

1. Lone Tree Way, extending west from Highway 4 to the extent of the planning area, with a one hundred-foot right-of-way;

2. Sand Creek Thoroughfare, a new roadway extending west from Road "A" Thoroughfare to the new Highway 4 bypass, with a one hundred-foot right-of-way;

3. Central-Dainty Thoroughfare, a new roadway extending west from the O'Hara Avenue Thoroughfare to Marsh Creek and then transitioning south to align with Dainty Avenue in the vicinity of Minnesota Avenue and then following the Dainty Avenue alignment west to Fairview Avenue. The Central-Dainty Avenue Thoroughfare will have a one hundred-foot right-of-way;

4. Dainty Avenue, as a collector, from Walnut Boulevard west to the vicinity of Marsh Creek Channel, with a sixty-foot right-of-way;

5. Oak Street, extending northeasterly from the eastern extent of Oak Street to the Road "A" Thoroughfare, with an eighty-four-foot right-of-way;

6. Balfour Road, from Deer Valley Road easterly to Sellers Avenue shall be consistent with the currently adopted general plan except for that portion from the easterly edge of Subdivision 5260 easterly to Highway 4 which shall comply with attached Exhibit "C" and made a part of this section;

7. Fairview Avenue, from Lone Tree Way south to a point where it will intersect the proposed Highway 4 Bypass, with a one hundred-foot right-of-way;

8. Minnesota Avenue, from Sand Creek Thoroughfare out to Balfour Road, with an eighty-four-foot right-of-way;

9. Griffith Avenue, from the Central-Dainty Thoroughfare south to Subdivision Road "B" approximately one thousand three hundred feet south of Balfour Road with an eighty-four-foot right-of-way;

10. O'Hara Avenue, from the northerly boundary of the planning area south to Highway 4 in the vicinity of Spruce Street, with a one hundred-foot right-of-way;

11. Highway 4, from the northerly boundary of the planning area south to a point approximately seven hundred fifty feet north of Village Drive the right-of-way shall be one hundred feet. From said point south to Spruce Street the right-of-way shall transition and reduce to eighty-eight feet;

12. Highway 4, at Spruce Street will turn west onto Spruce Street and/or an alignment parallel to Spruce Street and then turn south onto Railroad Avenue. The right-of-way in this area shall be eighty-eight feet;

13. Highway 4, from Spruce Street south to Fir Street, the right-of-way shall be eighty feet. From Fir Street south to the southeasterly limits of the planning area the right-of-way shall be one hundred feet;

14. Road "A" Thoroughfare, a new roadway located between Sellers Avenue and Highway 4 and extending south from Sand Creek Thoroughfare to Balfour Road with a one hundred-foot right-of-way;

15. Highway 4 Bypass, extending west from the easterly boundary of the planning area along the general alignment of Marsh Creek Road to a point approximately one and a half miles west of Walnut Boulevard where the bypass will transition north and extend northerly approximately one mile west of Fairview Avenue to the northerly boundary of the planning area. The proposed bypass will have a one hundred twenty-six-foot right-of-way plus any necessary slope easements;

16. Walnut Boulevard extending southerly from Indiana Avenue to the southerly boundary of the planning area with a one-hundred-foot right-of-way.

B. The following roadways are designated as collector streets with a right-of-way of sixty feet. It is not the intent of this section to identify all collector streets within the city, but only to identify those existing collector streets which due to existing alignment or right-of-way, need clarification. The general alignment of these collectors is designated on the thoroughfare map, designated as Exhibit "A":

1. Minnesota Avenue, extending north of the Sand Creek Thoroughfare and intersecting Fairview Avenue, and Minnesota Avenue extending south of Balfour Road;

2. Griffith Lane, extending north of the Central-Dainty Thoroughfare;

3. Walnut Boulevard, extending north from Indiana Avenue;

4. Sycamore Avenue, extending east from Highway 4;

5. Spruce Street, extending east from Highway 4;

6. Dainty Avenue, between Griffith Lane and the intersection of the Central-Dainty Thoroughfare at Marsh Creek;

7. McClarren Road, extending west from Pippo Avenue;

8. Brentwood Road, extending east from Fourth Street to the eastern boundary of the planning area;

9. Subdivision Road "B," extending west from Walnut Boulevard.

(Ord. 297, 1980; Ord. 330, 1982; Ord. 416, 1988; Ord. 542 § 2, 1994)

Whenever future width lines have been adopted by the city council, precise section drawings, maps prepared by photogrammetry or a city base map, shall be prepared sufficient to indicate the location of the street, highway or thoroughfare on parcels of land to be traversed or otherwise occupied by the street, highway or thoroughfare when constructed. A copy of the section drawings or maps, when adopted, shall be certified to the public works director of the city of Brentwood. The alignments shown on the thoroughfare map, of new roadways, are flexible to a certain degree to allow efficient development of the land by the owners.

The city of Brentwood typical street cross-section for various rights-of-way is attached as Exhibit "B" and made a part of the ordinance codified in this chapter.

(Ord. 297, 1980)

The land development policy established in Chapter 16.08 of the municipal code shall be adhered to when development of property adjoining a thoroughfare or identified collector is proposed. At the time of development, the thoroughfare and/or collector adjoining the proposed development shall be improved as required by the public works director. If it is determined that there are deficiencies in the thoroughfare or collector system that is not adjoining the proposed development but will be affected by the proposed development creating a health or safety problem, then the development shall also be responsible for the full or portion of the improvement of such deficiency. All costs shall be the sole responsibility of the developer. Where off-site thoroughfare or collector development is required beyond what is necessary for the proposed development, a reimbursement's agreement in conformance with Section 16.08.050 of the municipal code may be considered.

(Ord. 297, 1980)

When an application for a subdivision, conditional use permit, design review, or other such discretionary action is reviewed by the city, it shall be a condition of approval of such discretionary action that the developer shall dedicate and improve any thoroughfares and/or collector streets identified in this chapter in accordance with Section 12.04.040 of this chapter. When an application for a non-discretionary action such as a building permit is submitted to the city, the permit shall be refused if the request results in a permanent or semipermanent obstruction within the boundaries of a future thoroughfare or collector street.

(Ord. 297, 1980)

If a subdivision, conditional use permit, design review, or other such discretionary action is denied because the developer is not providing the necessary right-of-way or improvements in accordance with this chapter, the applicant may appeal the decision in accordance with the appeal procedures outlined in Chapter 16 of the municipal code for subdivisions or Chapter 17 for zoning actions. Any person aggrieved by the refusal of a building permit or other such nondiscretionary action, may appeal to the planning commission, stating his or her reasons for the appeal. A determination of the planning commission shall become effective five days after the date of decision unless appealed to the city council in writing. The council shall uphold or reverse the commission's decision, and its decision shall be final.

(Ord. 297, 1980)

This chapter adopting the thoroughfare plan is in conformance with the 1978 city of Brentwood general plan. Therefore, if an application for a discretionary action is denied because of noncompliance with this chapter, with respect to right-of-way width or alignment, it will be necessary for the body considering the appeal to either deny the appeal or initiate the process for a general plan amendment to allow such development. California Government Code Section 66473.5 (Subdivision Map Act) and Section 65860 (Planning and Zoning Law) mandates that all local agencies shall not approve such discretionary actions unless the request complies with all elements of the adopted general plan.

If a building permit or other such nondiscretionary action is denied, an appeal of such denial shall be granted only if all of the following are determined:

A. That the proposed structure is an accessory structure to the primary use of the property and its value can be depreciated in a relative short period of time;

B. That at such time as the thoroughfare is developed, the structure will be removed or can be removed without adversely affecting the primary use or fraction of the property;

C. That strict compliance with the policy of this chapter would result in practical difficulty or unnecessary hardship inconsistent with the purpose of this thoroughfare plan, due to unique physical or topographic circumstances or conditions of design.

(Ord. 297, 1980)

A. Nothing in this chapter shall be deemed a condition precedent to the acquisition of rights-of-way by purchase or by proceedings in eminent domain.

B. Nothing in this chapter shall be construed to restrict the right of any person to seek declaratory relief, pursuant to Section 1060 of the Code of Civil Procedure, or to avail him or herself of any other legal or equitable remedy applicable to his or her particular case.

C. No zoning ordinance is to be construed as permitting a building line setback or any building within the bed of a proposed highway, except as provided in this chapter.

(Ord. 297, 1980)

A. Any person, firm or corporation who erects, locates or installs or who shall cause to be erected, located or installed any building, structure, sign, excavation, well or subsurface structure contrary to the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the city jail for a period of not more than six months, or by both such fine and imprisonment.

B. Each such person, firm or corporation is guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is permitted or continued by such person, firm or corporation and shall be punishable therefor as provided in subsection A of this section, but any building, structure, sign, well, excavation or subsurface structure existing on the effective date of the ordinance codified in this chapter shall not be deemed to be a violation of this chapter.

(Ord. 297, 1981)