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CITY COUNCIL AGENDA ITEM NO. 4
Meeting Date: August 8, 2000
and adoption of Ordinance 640 amending Planned Development No. 26 to create
development standards for Planning Areas 3 and 4 (TSM 8055), and Planning
Area 9 (TSM 8395).
Jon Elam, City
the second reading and adopt Ordinance 640 as presented, which would amend
Planned Development 26 to create development standards for Planning Areas
3 and 4 (TSM 8055), and Planning Area 9 (TSM 8395).
its meeting of July 25, 2000, the City Council introduced and waived the
first reading of Ordinance 640.
Planning Commission at their June 20, 2000 meeting considered and on a
3-0-2 vote recommended that the City Council amend the existing Planned
Development 26 development standards to create development standards for
Planning Areas 3 and 4 (TSM 8055), and Planning Area 9 (TSM 8395).
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED
DEVELOPMENT NO. 26 BY ADDING DEVELOPMENT STANDARDS FOR PLANNING AREAS
3, 4, AND 9 WITHIN PD-26 LOCATED EAST OF FAIRVIEW AVENUE AND SOUTH OF
applicant has filed for an amendment of the development standards of his
property to accommodate the subdivision; and
June 6, 2000 and June 20, 2000 the Planning Commission conducted a duly
noticed public hearing, considered public comments and passed Resolution
Nos. 00-28 and 00-39 which recommended the approval of the amendments
of Planned Development No. 26 development standards by adding development
standards for Planning Areas 3, 4, and 9; and
WHEREAS, an Initial
Study and Negative Declaration was prepared for Tentative Subdivision
Map 8395 in accordance with the California Environmental Quality Act and
was considered as a part of the 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 July 10,
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
Establish clear development standards for the uses permitted under
the General Plan and the approved Tentative Subdivision Map Nos. 8055
Provide standards resulting in development that is consistent and
compatible with surrounding uses.
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
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 has arisen.
NOW, THEREFORE, the
City Council of the City of Brentwood does hereby ordain as follows:
The subject projects are hereby zoned as Planning Areas 3, 4, and
9 within Planned Development 26 for single family residential units.
Chapter 17.476 has hereby been amended for the purpose of regulating
certain real property and establishing development standards for Planning
Areas 3, 4, and 9 for single family residential units.
Chapter 17.476 is hereby known as Planned Development 26 (PD-26).
Amendments to Chapter 17.476 are hereby added to read as shown
in Exhibit “B” attached hereto and made a part of this Ordinance.
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
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
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.
This Ordinance shall become effective thirty (30) days after the
date of its passage and adoption.
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 25th day of July and adopted
at a regular meeting of Brentwood City Council on the 8th day
of August 2000, by the following vote:
City of Brentwood City Council
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