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Meeting Date: September 11, 2001

Subject/Title: Consent Calendar – Adoption of Ordinance 685 amending PD-35 to establish Development Standards for the Chao/Dayani Property, located south of Apricot Way and west of Fairview Avenue.

Submitted by: Oshinsky/Leana, Community Development Department.

Approved by: Jon Elam, City Manager


Waive the second reading and adopt Ordinance 685 amending PD-35 by adding development standards (Subarea ‘C’) for a 55-lot subdivision (TSM 8408).

PREVIOUS ACTION At its meeting on August 28, 2001, the City Council on a 5-0 vote introduced and waived the first reading of this ordinance. 

ANALYSIS Adoption of this ordinance will enable the developer to proceed with his final map.


Ordinance 685 



WHEREAS, the developer of said property proposes to construct 55 homes within a conditionally approved subdivision (Tentative Map No. 8408); and

WHEREAS, the City Planning Commission conducted a duly noticed public hearing, considered public comment and passed Resolution No. 01-54 on July 17, 2001, which recommended the establishment of development standards for Subarea ‘C’ of Zoning District PD-35; 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 18, 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; the proposed PD-amendment will:

1. Establish clear development standards for the uses permitted under the General Plan, Zoning Ordinance, and conditionally approved Tentative Tract Map No. 8408

2. The proposed PD-amendment will provide standards resulting in development that is consistent and compatible with surrounding uses.
3. The proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

4. Pursuant to Section 15168 (c) and 15162 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, the City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR or addressed in the project specific additional mitigation measures. Therefore, since the mitigation measures are incorporated as conditions of the project approval, 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

5. 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 further public review; and

6. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment, and the Mitigated Negative Declaration reflects the City Council’s independent judgement and analysis.

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. Chapter 17.485 is hereby added to the Municipal Code establishing development standards for Subarea ‘C’, as reflected in Exhibit ‘B’, attached hereto and made a part of this Ordinance.

Section 3. 

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 4. 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 28th day of August, 2001, and adopted at a regular meeting of the Brentwood City Council on the 11th day of September, 2001, by the following vote:



Michael A. McPoland, Sr., Mayor


Karen Diaz, City Clerk

Exhibit “A”
Exhibit “B“

CHAPTER 17.485


17.485.013 Authority, Purpose and Intent
17.485.014 Permitted Uses
17.485.015 Conditionally Permitted Uses
17.485.016 General Development Standards

17.485.013 Authority, Purpose and Intent:

The authority, purpose and intent for the adoption of Planned Development Thirty-five (PD-35) Subarea “C” Zone (see the attached Subarea map) are as follows:

A. Authority: PD-35 is adopted pursuant to the authority set forth in Chapter 17.450 Planned Development Zones, General Regulations.

B. Purpose: The purpose of the PD-35 Subarea “C” Zone is to permit and regulate the development of single family detached homes on the Chao/Dayani Property in accordance with the Brentwood General Plan.

C. Intent: It is intended that in order to achieve the purpose of the PD-35 Subarea “C” Zone, the development of the Chao/Dayani Property will be undertaken in accordance with the Brentwood General Plan as follows:

1. A maximum of 55 single-family homes will be developed on the property.

2. Lot sizes varying between 9,114 to 12,842 sq. ft. will be created.

17.485.014 Permitted Uses: The following uses are permitted in the PD-35 Subarea “C” Zone:

A. Those uses permitted under the R-1 Zone, Section 17.130.002.

17.485.015 Conditionally Permitted Uses: The following uses are permitted in the PD-35 Subarea “C” Zone:

A. Upon obtaining a Use Permit, those uses permitted under the R-1 Zone, Section 17.130.003.

17.485.016 General Development Standards For Subarea “C” of PD-35: All permitted and conditionally permitted uses shall conform to the Development Standards set forth below:

1. Minimum Lot Size: 9,000 sq. ft.

2. Minimum Lot Width: 80 feet.

3. Minimum Lot Depth: One hundred ten (110) feet.

4. Minimum Front Yard Setback: (20) feet to the garage; except fifteen (15) feet to the garage for a swing driveway. Fifteen (15) feet to any living space.

5. Minimum Lot Frontage: Forty (40) feet at the front property line.

6. Minimum Side Yard: Minimum five (5) feet; sum of both sides fifteen (15) feet. Corner lots shall maintain a minimum side yard on the street of ten (10) feet. Aggregate sideyards between houses shall be fifteen (15) feet minimum.

7. Minimum Rear Yard: Twenty (20) feet.

8. Maximum Building Height: Thirty (30) feet and two stories

9. Side Loading Garage: Ten (10%) percent of the lots shall have side-loading garages.

10. Single Story Units: Fifty percent (50%) of corner lots shall have single story units.

11. Minimum of twenty-five percent (25%) of the lots shall have single story units.

12. Maximum number of dwelling units shall be fifty-five (55).

13. Garages at the rear of the lot shall have a minimum rear and side yard of five (5) feet.

14. Architectural features (such as cornices, eaves, bay windows, fireplaces, and porches) measureing two (2) feet by five (5) feet or less may project into any required setback. Any architectural feature greater than two (2) feet by five (5) feet may not project into any required setback. No portion of the house shall be less than ten (10) feet from the front property line.

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