CITY COUNCIL AGENDA ITEM
Meeting Date: September 26, 2000
Subject/Title: Rezone (RZ 00-04) of an approximately 29.5 acre
site from the R-1-E (Single-Family Residential Estate) District to the
PD-9 (Planned Development Zone 9) District, located on the south side
of San Jose Avenue and east of the State Route 4 Bypass right-of-way.
Submitted by: Mitch Oshinsky, Community Development Director /
Lawrence Lew, Associate Planner
Approved by: Jon Elam, City Manager
Introduce and waive the first reading of Ordinance No. _____, approving
Tentative Subdivision Map No. 8369 was approved by the Planning Commission
at its meeting of September 5, 2000, contingent upon approval of this
rezoning. The project site is currently located within the R-1-E District.
At its meeting of September 5, 2000, the Planning Commission approved
an application for the subdivision of an approximately 29.3-acre site
into 51 parcels for single-family residential use, subject to conditions
of approval. Concurrent with that action, the Commission also recommended
to the City Council approval of an accompanying application to amend the
existing PD-9 by expanding the district boundaries to encompass the subdivision
site and the existing units in the area. Both properties are being developed
by Beck Properties, Inc. The existing R-1-E District has development standards
and regulations similar in nature to that of the PD-9 District. Based
on the Initial Study prepared for the project, a mitigated Negative Declaration
was prepared as provided for under the California Environmental Quality
Act. A copy of the environmental document is attached to this staff report
for the Council’s review.
Implications of the rezoning include the following:
· Minimum parcels size will be changed from 14,500 sq. ft. to 13,000 sq.
· Minimum parcel width will be modified from 100 feet to 90 feet;
· Establish a maximum of 127 residential units for the expanded zoning
district covering two properties, an increase from the existing maximum
of 75 units for one property; and
· No significant modifications to applicable regulations and standards
since those of the PD-9 District mirror those of the R-1-E District.
The developer is in the process of constructing the adjoining property
to the south for residential units (Tentative Subdivision Map No. 7474)
and desired that these adjoining phases be developed under a cohesive
set of regulations and standards. The proposed rezoning will not significantly
affect the proposed development of the subdivision. In addition to the
expansion of the boundaries of the PD-9 District, the maximum amount of
residential units that may be developed within the District will be increased
to a maximum of 127 units, reflecting the existing 75 units provided for
in existing provisions and the proposed and existing units encompassed
in the new project site.
The Planning Commission and staff feel the purpose and objective of the
rezoning are reasonable and concludes that the rezoning request is appropriate
for the project and should facilitate the development of the adjoining
1. Draft Negative Declaration
2. Draft Ordinance No. _____
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BRENTWOOD REZONING AN APPROXIMATELY 29.5-ACRE SITE FROM THE R-1-E
(SINGLE-FAMILY RESIDENTIAL ESTATE) DISTRICT TO THE PD-9 (PLANNED DEVELOPMENT
ZONE 9) DISTRICT, LOCATED ON THE SOUTH SIDE OF SAN JOSE AVENUE AND EAST
OF THE STATE ROUTE 4 BYPASS RIGHT-OF-WAY (RZ 00-04) AND ADOPTION OF A
MITIGATED NEGATIVE DECLARATION FOR SAID PROJECT (APN 019-130-023, et.al.)
WHEREAS, Beck Properties, Inc., and Mercedes Madrid have submitted
a rezoning application to rezone their properties from the R-1-E District
to the PD-9 District to facilitate development of a new subdivision project
intended as another phase of a previously approved and adjoining residential
WHEREAS, the applicants have also submitted a concurrent tentative
subdivision map application to create 51 parcels for residential use on
an approximately 29.3-acre site located on the south side of San Jose
Avenue and east of the State Route 4 Bypass right-of-way; and
WHEREAS, at a public hearing held at its meeting of September
5, 2000, the Planning Commission approved said subdivision application,
subject to conditions of approval, of which one condition stated the subdivision
approval was dependent on the approval of the related provisions contained
in said rezoning, and recommended approval, subject to modifications,
of said rezoning to the City Council; and
WHEREAS, an Initial Study was conducted for this project and,
on the basis of this analyses, it was determined that the project may
result in potential, significant adverse impacts but that with feasible
mitigation measures and other modifications to the project, these have
been reduced to a level of insignificance, and that, therefore, a Negative
Declaration was prepared in accordance with the California Environmental
Quality Act (CEQA); and
WHEREAS, the availability of said environmental document for the
minimum 20-day public review and comment period was begun on July 20,
2000 and ended on August 15, 2000, a corresponding notice was mailed to
all property owners within the subject rezoning area and within 300 feet
of the subject properties, and said notice was published in the Ledger
Dispatch, a newspaper of local circulation, on September 15, 2000; and
WHEREAS, said environmental document was distributed within this
time period to the State Clearinghouse and to City departments and local
agencies for review and comment and comments on the Negative Declaration
were received from three interested parties, appropriate responses were
prepared for said comments, and all relevant information was included
in the final environmental document; and
WHEREAS, the City Council of the City of Brentwood has received
and reviewed a copy of the environmental document, text of proposed rezoning,
considered the staff report, analyses and recommendations contained therein,
considered the public testimony, and all other information submitted with
the proposed rezoning text at its meeting on September 26, 2000, and finds
1. The rezoning is consistent with the City’s General Plan because the
provisions are consistent with the residential and related land use designations
and with the maximum amount of units allowed based on the relevant factors
contained in the General Plan.
2. The rezoning will result in more desirable use of land and an improved
physical environment than would be possible under any single or combination
of zones because the expansion of the zoning district is a “natural” extension
of applicable development standards and land use regulations as the proposed
development is intended to be a phase of residential community already
under development in previously approved plans under similar zoning regulations.
3. The rezoning will involve areas which are abutting public streets which
will provide physical access to the project sites and that based on traffic
analysis conducted for the project, there is sufficient capacity with
appropriate improvements to accommodate the traffic anticipated to be
generated by development.
4. The natural and scenic qualities of the project site are protected
with adequate public and private open spaces because the provisions of
the district will facilitate the establishment of open space within and
adjacent to the project, including detention basins, golf course fairways,
and protection of a significant riparian habitat through the establishment
of an open space corridor with recreational trail, staging area, and bridge
to facilitate connection to existing segments of the public trail system;
5. The development of the subject property facilitated by this rezoning
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 General Plan because the provisions of the
amendment will be consistent with the standards previously established
in the residential development while establishing standards and design
objectives which respond to the unique setting of the final phase of said
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood
hereby finds and determines as follows:
1. That the Mitigated Negative Declaration for the project has been prepared
and circulated in accordance with all applicable provisions of the California
Environmental Quality Act and represents the independent judgment of the
City of Brentwood; and
2. Pursuant to Sections 15162 and 15168 (c) 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 on this evidence and the Mitigated Negative
Declaration, the 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 to supplement and strengthen the Program EIR measures. Therefore,
since the mitigation measures are incorporated as conditions to the approval
of the project, the Mitigated Negative Declaration as well as the Program
EIR for the 1993 General Plan are adequate for all approvals relating
to the project; and
3. The City Council further finds that no significant new information
within the meaning of 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 public review.
The City Council has considered all verbal and written comments relating
to the Mitigated Negative Declaration and finds no significant new information
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Brentwood hereby approves the Negative Declaration and directs staff
to file a Notice of Determination; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of Brentwood does hereby ordain as follows:
Section 1. Chapter 17.459, PD-9 (Planned Development Zone 9) Zone, of
the Municipal Code of the City of Brentwood is hereby amended to read
as shown in Exhibit “A,” attached hereto and made a part of this Ordinance.
Section 2. Said properties, further described in the legal description
attached to this Ordinance as Exhibit “B,” are hereby rezoned from R-1-E
(Single-Family Residential Estate) Zone to the amended PD-9 (Planned Development
9 Zone) District.
Section 3. 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
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.
Section 4. This Ordinance shall become effective thirty (30) days after
the date of its passage and adoption.
Section 5. In accordance with California 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 26th day of September,
2000, and adopted at a regular meeting of the Brentwood City Council on
the _____ day of _______________, 2000, by the following vote:
PD – 9 (PLANNED DEVELOPMENT 9) ZONE
BECK PROPERTIES, INC. (TUSCANY)
17.459.001 AUTHORITY, PURPOSE AND INTENT
17.459.002 PERMITTED USES
17.459.003 CONDITIONALLY PERMITTED USES
17.459.004 GENERAL DEVELOPMENT STANDARDS
17.459.005 OTHER REGULATIONS
17.459.001 AUTHORITY, PURPOSE AND INTENT:
The authority, purpose and intent for the adoption of the PD-9 (Planned
Development 9) Zone are as follows:
A. Authority: PD-9 Zone is adopted pursuant to the authority set forth
in Chapter 17.450, Planned Development Zones, General Regulations, of
the Brentwood Municipal Code.
B. Purpose: The purpose of the PD-9 Zone is to permit and regulate the
orderly development of the area shown on Attachment “A” in accordance
with the Brentwood General Plan.
C. Intent: The zoning district is intended to provide a neighborhood of
single-family houses on minimum 13,000 square foot lots in conformance
with the Brentwood General Plan.
17.459.002 PERMITTED USES:
The permitted uses in the PD-9 Zone are those uses permitted within the
R-1-E (Single Family Residential Estate) Zone, Section 17.120.002 of the
Zoning Ordinance, except the “parks and playgrounds” are added as permitted
17.459.003 CONDITIONALLY PERMITTED USES:
Upon obtaining a Conditional Use Permit pursuant to Chapter 17.830, those
uses identified as conditionally permitted uses in the R-1-E (Single Family
Residential Estate) Zone, Section 17.120.003 of the Zoning Ordinance,
may be permitted in the PD-9 Zone.
17.459.004 GENERAL DEVELOPMENT STANDARDS:
All permitted and conditionally permitted uses shall conform to the development
standards set forth below:
A. Minimum Lot Area: Thirteen thousand (13,000) square feet.
B. Minimum Lot Width: Ninety (90) feet.
C. Minimum Front Yard: Twenty (20) feet.
D. Minimum Side Yard: Ten (10) feet; the sum of both side yards, twenty-five
(25) feet except as provided for in paragraph F.2.
E. Minimum Rear Yard: Thirty (30) feet
1. Cul-de-sac lots or lots on curvilinear streets shall have a width of
not less than eighty (80) feet measured thirty (30) feet from the front
property line and no less than forth (40) foot width at the front property
2. Corner lots shall maintain a minimum side yard on the street side of
fifteen (15) feet.
G. Maximum Building Height: No main building shall exceed the height of
two (2) stories and thirty-five (35) feet and accessory buildings shall
not exceed one (1) story and fifteen (15) feet.
17.459.005 OTHER REGULATIONS:
A. Design and Site Development Review shall be required for all housing
units pursuant to Section 17.100.003.
B. Off-street parking shall be provided pursuant to Chapter 17.620 and
C. The parking and storage of boats, trailers and similar vehicles and
equipment shall be subject to the provisions of Section 17.620.016.
D. Accessory buildings and structures shall be permitted pursuant to the
provisions of Chapter 17.660.
E. Architectural features may project into any required yard pursuant
to the provisions of Chapter 17.660.
F. All housing units shall comply with the Single-Family Residential Design
Criteria identified in Section 17.100.004.
G. Development shall be substantially in accordance with the development
plan, Attachment “A”.
H. Maximum number of dwelling units shall be 127.
I. Minor variations in the development plan may be approved through the
subdivision map process.