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CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date:  July 25, 2000           

Subject/Title:    Second Reading and adoption of Ordinance 639 amending Planned Development No. 13 to create development standards for the Fahmy Property, Subdivision No. 8180.

Submitted by:   Oshinsky/Zilm

Approved by:    Jon Elam, City Manager

RECOMMENDATION

Waive the second reading and adopt Ordinance 639, as presented, which would amend Planned Development 13 to create development standards for the 4.25 acre Fahmy Property, Subdivision No. 8180.          

PREVIOUS ACTION

At its meeting of July 11, 2000, the City Council introduced and waived the first reading of Ordinance 639.

BACKGROUND

The Planning Commission at their May 6, 2000 meeting considered and on a 4 – 1 vote recommended that the City Council amend the existing Planned Development 13 development standards to create development standards for the 4.25 acre Fahmy Property, Subdivision No. 8180.

ORDINANCE NO. 639

 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 13 BY ADDING DEVELOPMENT STANDARDS FOR THE FAHMY PROPERTY TO SUBDIVIDE 4.25 ACRES INTO 14 NEWLY CREATED SINGLE FAMILY RESIDENTIAL LOTS AND ONE EXISTING .0673 ACRE SINGLE FAMILY RESIDENTIAL LOT LOCATED EAST OF GUTHRIE LANE AND SOUTH OF BALFOUR ROAD (APN 010-150-035).

            WHEREAS, the applicant has filed for an amendment of the development standards of his property to accommodate the subdivision; and

            WHEREAS, on May 16, 2000 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 99-34 which recommended the approval of the amendment of Planned Development No. 13 development standards by adding development standards for the 4.25 acre Fahmy Property; and

            WHEREAS, an Initial Study and Negative Declaration have been prepared for this project in accordance with the California Environmental Quality Act and was considered as a part of this review and approval process; and

            WHEREAS, the Negative Declaration identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these project measures are included in the project conditions of approval and will reduce the impacts identified to a less than significant level; and

            WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on May 5, 2000, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; and

            WHEREAS, the City Council of the City of Brentwood hereby finds, as follows, that the proposed amendment will:

1.     Establish clear development standards for the uses permitted under the General Plan and the approved Tentative Subdivision Map No. 8180.

2.     Provide standards resulting in development that is consistent and compatible with surrounding uses.

3.     Provide for adequate public uses and private open space.

4.     Generate a level of traffic that can be accommodated by the public circulation system, existing or planned.

5.     Serve the housing needs of the City and the region and will not create a detrimental imbalance between the   public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6).

6.     That the proposed development will clearly result in a more desirable use of land and a better physical environment than would be possible under any single or combination of zones.

7.     That the PD Zone proposed amendment is on property which has suitable relationship to one or more thoroughfares; and that said thoroughfares are adequate to carry any traffic generated by the development.

8.     That the plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility.

9.     That the natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the development plan.

10. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City and will be in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s Community Development Plan, including all relevant Elements therefore, and with any applicable Specific Plan adopted by the City.

11. The City Council has reviewed the Mitigated Negative Declaration prepared for this project and orders the filing of the Notice of Determination with the County Clerk.

12. Pursuant to Section 15168 of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the Program EIR prepared for the 1993 City of Brentwood General Plan.  The Initial Study has further evaluated potential project specific impacts to the environment.  Based upon this evidence and the Mitigated Negative Declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR.  The Mitigated Negative Declaration applies all applicable mitigation measures specified in the Program EIR to the project and imposes additional mitigation measures to supplement and strengthen the Program EIR measures.  Therefore, since the mitigation measures are incorporated as conditions of approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 General Plan is adequate for all approvals relating to the project.

13. The City Council further finds that no significant new information within the meaning of the Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City which would necessitate recirculation of the Mitigated Negative Declaration for further public review.  The Mitigated Negative Declaration has not undergone any reorganization on this account.  The City Council has considered all verbal and written comments relating to the Mitigated Negative Declaration and finds no significant new information has arisen.

            NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1.  The subject 4.25 acres shown in Attachment “5” is hereby zoned Planned Development 13 (PD-13) for Medium Lot Single Family residential uses.

Section 2.  Chapter 17.463 has hereby been amended for the purpose of regulating certain real property and establishing development standards for the project named “Fahmy Property” consisting of 15 detached single family residential units.

Section 3.  Chapter 17.463 is hereby known as Planned Development 13 (PD-13).

Section 4.  Chapter 17.463 is hereby added to read as shown in Attachment “”3” attached hereto and made a part of this Ordinance.

Section 5.

A.    This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1.     Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

            2.     Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

             3.     Publishing in the Ledger-Dispatch a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

B.    This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 6.  In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

            THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 11th day of July and adopted at a regular meeting of Brentwood City Council on the _____day of ___________, 2000, by the following vote:  

 

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