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CITY COUNCIL AGENDA ITEM NO. 14
July 25, 2000
Reading and adoption of Ordinance 639 amending Planned Development No.
13 to create development standards for the Fahmy Property, Subdivision
Elam, City Manager
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.
its meeting of July 11, 2000, the City Council introduced and waived the
first reading of Ordinance 639.
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 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).
the applicant has filed for an amendment of the development standards
of his property to accommodate the subdivision; and
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;
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
WHEREAS, the City Council
of the City of Brentwood hereby finds, as follows, that the proposed amendment
development standards for the uses permitted under the General Plan and
the approved Tentative Subdivision Map No. 8180.
resulting in development that is consistent and compatible with surrounding
Provide for adequate
public uses and private open space.
Generate a level
of traffic that can be accommodated by the public circulation system,
existing or planned.
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).
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.
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.
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.
That the natural
and scenic qualities of the site are protected with adequate available
public and private open spaces designated on the development plan.
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.
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.
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.
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
NOW, THEREFORE, the
City Council of the City of Brentwood does hereby ordain as follows:
1. The subject 4.25 acres shown in Attachment “5” is hereby zoned
Planned Development 13 (PD-13) for Medium Lot Single Family residential
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
3. Chapter 17.463 is hereby known as Planned Development 13 (PD-13).
4. Chapter 17.463 is hereby added to read as shown in Attachment
“”3” attached hereto and made a part of this Ordinance.
shall be published in accordance with applicable law, by one or more of
the following methods:
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
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
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.
shall become effective thirty (30) days after the date of its passage
6. In accordance with Government Code Section 65863.5, upon the
effective date of this Ordinance, a copy shall be delivered to the County
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:
City of Brentwood City Council
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Brentwood, CA 94513
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