CITY COUNCIL AGENDA ITEM
Meeting Date: October 10, 2000
Subject/Title: Second Reading and Adoption of Ordinance No.
650, rezoning (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
Waive the second reading and adopt Ordinance No. 650, rezoning the project
site from the R-1-E District to the PD-9 District, concurrent with the boundaries
of Tentative Subdivision Map No. 8369.
At its meeting of September 26, 2000, the City Council introduced and waived
the first reading of Ordinance No. 650.
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 rezone the project site from the R-1-E District
to the PD-9 District. This would allow consistency in implementing development
regulations since the applicant also is in the process of developing the adjoining
subdivision project to the south (TSM No. 7474) which is currently within the
PD-9 District. The Planning Commission’s approval of TSM No. 8369 is contingent
upon the approval of this rezoning proposal.
1. Draft Ordinance No. 650
ORDINANCE NO. 650
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,
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;
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
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 re-circulation
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;
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
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
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
10th day of October, 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
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
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
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.
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 line.
2. Corner lots shall maintain a minimum side yard on the street side of fifteen
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 Section
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,
H. Maximum number of dwelling units shall be 127.
I. Minor variations in the development plan may be approved through the subdivision