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CITY COUNCIL AGENDA ITEM NO. 28

Meeting Date: August 28, 2001

Subject/Title: Old Business- Rezoning and Establishment of Development Standards for the Yamanaka Property, in addition to the Prezoning of the easterly 8 acres of the site, located at the northeast corner of Chestnut Street and Garin Parkway, and extending from Chestnut Street to Sycamore Avenue.

Submitted by: Oshinsky/Leana, Community Development Department.

Approved by: Jon Elam, City Manager



RECOMMENDATION The recommended City Council action is two-fold as follows:


1. Waive the second reading and adopt Ordinance XXX which prezones the easterly 8 acres of the property to PD-30 for single family residential and adopts development standards (Subareas ‘C’ and ‘D’ of the new PD-30.) 

2. Waive the second reading and adopt Ordinance XXX which rezones the westerly 56.63 acres of the property from PD-17 to PD-30 for a mix of single family residential and 0.22 acres of senior apartments, and adopts development standards (subareas ‘C’ and ‘D’ of the new PD-30.) 

PREVIOUS ACTION At its meeting on August 14, 2001, the City Council on a 3-2 vote introduced and waived the first reading of these two ordinances. 

. Adoption of the two ordinances will enable staff to file the annexation application with Lafco and enable the developer to proceed with his final map.


Attachments:


Ordinances XXX and XXX for the pre-zoning/zoning change with the development standards.

ORDINANCE NO. 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE MUNICIPAL CODE BY PREZONING PROPERTY REFFERRED TO AS THE YAMANAKA ANNEXATION LOCATED GENERALLY NORTH OF CHESTNUT STREET AND EAST OF GARIN PARKWAY TO PLANNED DEVELOPMENT THIRTY (PD-30), (013-20-004).


WHEREAS, the subject property is a portion of a residential development that is adjacent to existing residential uses; and

WHEREAS, the City of Brentwood on behalf of the property owner desirous of urban services now or in the foreseeable future is pursuing annexation of the subject property; and

WHEREAS, the applicants are requesting an amendment to the Municipal Code to prezone the area as required by Chapter 17.060.008 of the Municipal Code and the Coretese-Knox Local Government Reorganization act of 1985; and

WHEREAS, a Notice of Public Hearing was legally advertised in Contra Costa Times on August 3, 2001, and mailed to all property owners of record within 300 feet of the project site in accordance with City policies and Government Code Section 65090; and

WHEREAS, on June 19, 2001, the Planning Commission of the City of Brentwood recommended approval of the prezoning (RZ 01-02) of the area known as the Yamanaka Annexation by passing Resolution 01-52; and

WHEREAS, the Planning Commission has forwarded the prezoning request to the City Council for action; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed prezoning on August 14, 2001 for the purpose of reviewing said change; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed prezoning with the goals and policies of the City General Plan, and the Planning Commission recommendation; and

WHEREAS, a legal description of the boundaries to be prezoned is outlined and identified in Exhibit “A”, which is attached hereto and by this reference incorporated herein; and

WHEREAS, the City Council of the City of Brentwood makes the following supporting findings for this application:

1. The proposed prezoning has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.
2. The potential impacts of the development of the parcel have been adequately analyzed in the Mitigative Negative Declaration prepared for the project of which this site is a part.
3. The proposed prezoning designation is consistent with the City General Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood takes the following actions:

1. Directs City staff to file a Notice of Determination with the County Clerk.

2. Prezones the area outlined in Exhibit “B” to Planned Development Thirty (PD-30).

3. The City Clerk shall cause this Ordinance to be published in the manner required by Government Code 36933.

4. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 14th day of August, 2001, and adopted at a regular meeting of the Brentwood City Council on the 28 day of August, 2001, by the following vote:

AYES: 
NOES: 
ABSENT: 
ABSTAIN: 


APPROVED: 

_________________________
Michael A. McPoland, Sr., Mayor


ATTEST:
__________________________
Karen Diaz, City Clerk

Attachments:
Exhibit “A”
Exhibit “B“

ORDINANCE NO. 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REZONING 56.63+ ACRES (RZ 00-05) FROM PLANNED DEVELOPMENT SEVENTEEN (PD-17) TO PLANNED DEVELOPMENT THIRTY (PD-30) FOR A MIX OF 46.21 ACRES OF SINGLE FAMILY RESIDENTIAL, 0.22 ACRES OF SENIOR APARTMENTS AND A 10.2 ACRE NEIGHBORHOOD PARK/DETENTION BASIN AND ADDING CHAPTER 17.480 OF THE BRENTWOOD MUNICIPAL CODE BY ESTABLISHING DEVELOPMENT STANDARDS FOR SUBAREA ‘C’ AND ‘D’ OF ZONING DISTRICT PD-30. (APN 013-212-001, 013-220-004 and 013-211-001)

WHEREAS, the developer of said property proposes to construct 252 homes within a conditionally approved subdivision (Tentative Map No. 8424); and

WHEREAS, the City Planning Commission conducted a duly noticed public hearing, considered public comment and passed Resolution No. 01-52 on June 19, 2001, which recommended the establishment of Planned Development Zone 30 (PD-30) to create specific development standards for Subarea ‘C’ and ‘D’ of Zoning District PD-30; and

WHEREAS, an Initial Study and Negative Declaration have been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and reflect the City’s independent judgement and analysis; and

WHEREAS, the Mitigated Negative Declaration is publicly available for review during City business hours within the Community Development Department and is considered as a part of this review and approval process; and

WHEREAS, the Mitigated Negative Declaration identifies 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 to reduce the impacts identified to a less than significant level; and

WHEREAS, a Notice of Public Hearing was legally advertised in Contra Costa Times on August 3, 2001, and mailed to all property owners of record within 300 feet of the project site in accordance with City policies and Government Code Section 65090; and

WHEREAS, the boundaries of the subject property for which the development standards apply is shown in Exhibit “A” attached hereto and made a part of this Ordinance; and

WHEREAS, the City Council of the City of Brentwood hereby finds, as follows, that the proposed rezoning will:

· Establish clear development standards for the uses permitted under the General Plan, Zoning Ordinance, and conditionally approved Tentative Tract Map No. 8424

· 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).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. The Mitigated Negative Declaration is hereby certified and staff is hereby directed to file a Notice of Determination with the County Clerk upon adoption of this ordinance in accordance with Section 15075 (d) of the State CEQA Guidelines.

Section 2. The subject 56.63 acres are hereby rezoned from PD-17 to PD-30 for a mix of 46.21 acres of single family residential, 0.22 acres of Senior Apartments and a 10.2 acre neighborhood park/detention basin.

Section 3. Chapter 17.480 is hereby added to the Municipal Code establishing development standards for Subarea ‘C’ and ‘D’, as reflected in Exhibit ‘B’, attached hereto and made a part of this Ordinance.

Section 4. 

A. 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 leave five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

Section 5. 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 14th day of August, 2001, and adopted at a regular meeting of the Brentwood City Council on the 28 day of August, 2001, by the following vote:

AYES: 
NOES: 
ABSENT: 
ABSTAIN: 

APPROVED: 

________________________
Michael A. McPoland, Sr., Mayor
ATTEST:

__________________________
Karen Diaz, City Clerk

Attachments:
Exhibit “A”
Exhibit “B“


EXHIBIT “B”

CHAPTER 17.480
PD-30 (PLANNED DEVELOPMENT) ZONE


SCIORTINO & YAMANAKA PROPERTIES

17.480.001 AUTHORITY, PURPOSE AND INTENT

17.480.002 PERMITTED USES FOR EACH SUBAREA

17.480.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA

17.480.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A

17.480.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B

17.480.006 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C

17.480.007 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D

17.480.008 OTHER REGULATIONS 
17.480.001 AUTHORITY, PURPOSE AND INTENT:

The authority, purpose and intent for the adoption of the PD-30 (Planned Development 30) Zone are as follows:

A. AUTHORITY: PD-30 is adopted pursuant to the authority set forth in Chapter 17.480, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. PURPOSE: The purpose of the PD-30 Zone is to permit and regulate the orderly development of the area shown as Attachment “A” in accordance with the Brentwood General Plan. The area is comprised of four (4) Subareas, one set aside for a senior apartment project and the other three set aside for single family homes and related uses.

C. INTENT: This zoning district is intended to provide a neighborhood of single family homes on smaller lots and senior housing in conformance with the Brentwood General Plan in order to enhance the viability of Downtown Brentwood.

17.480.002 PERMITTED USES FOR EACH SUBAREA

SUBAREA A

· Those uses permitted within the single family residential (R-1) zone, pursuant to Section 17.130 of the Zoning Ordinance.

· Parks and playgrounds.


SUBAREA B

· Senior Apartments developed at a density not to exceed the mid-range of High Density Residnetial Land Use category.

SUBAREA C

· Those uses permitted within the single family residential (R-1) zone, pursuant to Section 17.130 of the Zoning Ordinance.

· Parks and playgrounds.

SUBAREA D

· Those uses permitted within the single family residential (R-1) zone, pursuant to Section 17.130 of the Zoning Ordinance.

· Parks and playgrounds.

17.480.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA


Subarea A:
· Those conditionally permitted uses within the Ranchette Estate (RE) zone

Subarea B:

· Senior Apartments developed at a density exceeding the mid-range of the High Density Residential Land Use Category.

Subarea C:

· Those conditionally permitted uses within the Ranchette Estate (RE) zone

Subarea D:

· Those conditionally permitted uses within the Ranchette Estate (RE) zone

17.480.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A:

A. Minimum Lot Area: 5,200 square feet.

B. Minimum Lot Width: 50 feet.

C. Minimum Lot Depth: 100 feet.

D. Minimum Lot Frontage: 30 feet for all lots on cul-de-sacs, knuckles or curvilinear 
streets.

E. Minimum Front Yard Setback: 20 feet for a street facing garage; 12 feet for a 
turned garage; 10 feet for any living space and 5 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 12 feet for both sides. 0 feet for garage using a shared driveway with the adjacent lot.

G. Corner lots, on the street side, shall maintain a minimum side yard setback of 10 feet.

H. Minimum Rear Yard Setback: 20 feet with an average of 25. 

I. Maximum Building Height: 30 feet and two stories.

J. Side Loading Garages: 10% of the total lots shall have side loading garages.

K. Corner Lots: 50% of the corner lots shall have single story plans.

L. Single Story Units: A minimum 25% of the total lots shall have single story plans.

M. Maximum lot coverage shall be 40%.

N. Maximum Number of Units: 113 dwelling units.

17.480.005 Development standards for Subarea B will be filled in prior to or in conjunction with development plans submitted for the properties.

17.480.006 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C:

A. Minimum Lot Area: 4,700 square feet.

B. Minimum Lot Width: 47 feet.

C. Minimum Lot Depth: 100 feet, except for lots 172-174 where 90-foot minimum is acceptable

D. Minimum Lot Frontage: 40 feet for all lots on cul-de-sacs, knuckles or curvilinear streets.

E. Minimum Front Yard Setback: 20 feet for a street facing garage; 12 feet for a turned garage; 10 feet for any living space and 5 feet for front porches.

F. Minimum Side Yard Setback: 4 feet with an aggregate of 10’ on lots less than 53 feet wide, 5 feet with an aggregate of 12 feet on the 53-foot or wider lots, and 5 feet with an aggregate of 15-feet on all corner lots. 0 feet for garage using a shared driveway with the adjacent lot.

G. Corner lots, on the street side, shall maintain a minimum side yard setback of 10 feet.

H. Minimum Rear Yard Setback: 20 feet average with a minimum of 15 feet for habitable portion of dwelling. Five (5) feet for detached garages. 

I. Maximum Building Height: 30 feet and two stories.

J. Side Loading Garages: 10% of the total lots shall have side loading garages.

K. Corner Lots: 50% of the corner lots shall have single story plans.

L. Single Story Units: A minimum 25% of the total lots shall have single story plans.

M. Maximum lot coverage shall be 40%.

N. Maximum Number of Lots: 175

17.473.007 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D:

A. Minimum Lot Area: 5,100 square feet

B. Minimum Lot Width: 60 feet

C. Minimum Lot Depth: 85 feet

D. Minimum Lot Frontage: 40 feet for all lots on cul-de-sacs, knuckles or curvilinear streets

E. Minimum Front Yard Setback: 20 feet for a street facing garage; 12 feet for a turned garage; 10 feet for any living space; and 5 feet for front porches.

F. Minimum Side Yard Setback: 5 feet with an aggregate of 15 feet. 0 feet for a garage using a shared driveway.

G. Corner lots, on the street side, shall maintain a minimum side yard setback of 10 feet.

H. Minimum Rear Yard Setback: 20 feet average with a minimum of 15 feet for habitable portion of dwelling. Five (5) feet for detached garage.

I. Maximum Building Height: 30 feet and 2 stories

J. Side Loading Garages: 10% of the total lots shall have side loading garages

K. Corner Lots: 50% of the corner lots shall have single story plans

L. Single Story Units: A minimum 25% of the total lots shall have single story plans

M. Maximum lot coverage shall be 40%

N. Maximum Number of Lots: 77

17.473.008 OTHER REGULATIONS:

A. Design and Site Development shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004H.

B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H.

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 provision of Chapter 17.660 with the exception that no feature may project into the maximum front yard setback.

F. The development of this zoning district shall be substantially in accordance with the Development Plan. Variations in the Development Plan including street and lot pattern may be approved through the subdivision map process.

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