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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 RZ 00-04.

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. ft.;
· 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 subdivision projects.

1. Draft Negative Declaration
2. Draft Ordinance No. _____



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 development; and

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 that:

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; and

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 residential development.

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 has arisen.

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 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.

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:

Exhibit “A”

CHAPTER 17.459



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 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.


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

F. Exceptions:

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 line.

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.


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 Section 17.100.004.H.

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.


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