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CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date:  April 25, 2000 

Subject/Title:     Approval a resolution confirming Council action for the appeal of Centex Homes’ Design Review No. 99-30.

Submitted by:    Mitch Oshinsky/Jeff Zilm, Community Development Department        

Approved by:     Jon Elam, City Manager

RECOMMENDATION        

Adopt a resolution amending the Planning Commission’s approval and approve the appeal of Design Review No. 99-30.    

PREVIOUS ACTION

Amended the Planning Commission’s approval of Centex’s Design Review No. 99-30. 

BACKGROUND

On April 11, 2000 the City Council reviewed the appeal and amended the Planning Commission’s approval of Design Review No. 99-30 for Centex Homes.  In amending the Planning Commission’s approval the Council added three new conditions of approval to the previously approved conditions.   Said new conditions are included in the revised resolution for the City Council’s review and approval.   

Attachment:

Resolution amending the Planning Commission’s approval of Design Review No. 99-30.  

EXHIBIT “A”

RESOLUTION NO. _____ 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND THE PLANNING COMMISSION’S APPROVAL AND APPROVE THE APPEAL OF DESIGN REVIEW NO. 99-30 FOR CENTEX HOMES LOCATED AT THE END OF QUIET GABLE COURT.     

            WHEREAS, on February 15, 2000 the Planning Commission conducted a public hearing to consider Tentative Subdivision Map No. 8371 and Design Review No 99-30 to allow for the subdivision of 4.46 acres into 10 lots and the construction of six homes on the 9 lots, considered public comments, made findings, and passed Resolution No. 00-09 and 00-10 which approved TSM 8371 and Design Review No 99-30;and 

WHEREAS, on February 24, 2000 Mr. Aaron Wolter appealed the Planning Commission decision to approve Design Review No. 99-30; and 

WHEREAS, on April 11, 2000, the City Council of the City of Brentwood held a public hearing and considered Aaron Wolter’s appeal of the Planning Commission’s decision to approve Design Review No. 99-30, the staff report prepared for the appeal, Planning Commission Resolution No. 00-10, the February 24, 2000 letter from the applicant and all oral and written testimony presented at the April 11, 2000 Council meeting; and  

WHEREAS, the City of Brentwood has reviewed this project in accordance with the California Environmental Quality Act Guidelines and has determined that the project and its impacts were considered as a part of a previous Environmental Impact Report (EIR No. 90-4), and no additional environmental analysis is necessary; and  

WHEREAS, the City Council of the City of Brentwood makes the following findings in support of amending the Planning Commission’s approval of Design Review No. 99-30:  

1.     The proposed changes to the development will create a well-composed urban design, harmoniously related to other facilities in the immediate area and to the total setting as seen from key advantage points in the community because the changes are in conformance with the City’s General Plan and  Planned Development No. 14 (BMC. 17.464) guidelines.    

2.     Elements of design which have significant relationship to the exterior appearance of structures and facilities will be given special consideration; these elements may include height, arrangement on the site, texture, lighting, material, color, signs, landscaping and appearances because these proposed changes to the design review do not affect the material that will be used to construct the homes. 

3.     The proposed development will be of a quality and character appropriate to, and serving to protect the value of, private and public investments in the immediate area because the changes do affect the size and height of a certain number of the homes thereby making them more similar, in size, bulk  and scale, to the homes in Hawthorn Landing.

4.     The proposed development is located in an area for which a neighborhood plan or precise plan has been adopted by the City Council, and the changes to the design of the development will conform in all significant respects with such plans as does this proposed plan with the development guidelines for Planned Development No. 14 (BMC 17.464).

5.     The proposed changes to the design of the development will conform with all requirements for landscaping, screening, parking, usable open space and off-street loading as set forth in the City of Brentwood’s General Plan and Zoning Ordinance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby adopt Resolution No. ____ amending the Planning Commission’s approval of Design Review No. 99-30, and approving Mr. Wolter’s appeal, subject to the following conditions:

1.      The applicant shall change Lot 6 from a two story plan to a single story plan and reduce the lot size by moving the northerly property line approximately 15 feet to the south.  This change will increase the size of Parcel “A” creating more open space.

2.      The applicant shall switch the Plan 3 model on Lot 3 with the Plan 5 model on Lot 4 so that Lot 4 will have a single story plan constructed on it.

3.      The applicant shall work with Staff to create a new elevation for the additional Plan 3 to be constructed on Lot 6.

4.       The Conditions of Approval for Planning Commission Resolution No. 00-10, approved February 15, 2000, are hereby incorporated by reference and shall be complied with by the Developer.

 PASSED by the City Council of the City of Brentwood at its regular meeting on the 11th day of April, 2000, by the following vote:

AYES: Mayor Kidd, Councilman McPoland and Councilman Petrovich

NOES: None      

ABSENT:        Vice-Mayor Gomes       

ABSTAIN:       Councilman Young

APPROVED:   Quintin Kidd, Mayor

ATTEST: Karen Diaz, City Clerk

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