Brentwood City Hall


Our home pageContact UsPrevious Page

Central Park Gazebo

 CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: September 25, 2001

Subject/Title: Continued Public Hearing—General Plan Amendment, Specific Plan Amendment, Rezoning and Establishment of Development Standards for the Sciortino Property, located on the north side of Oak Street adjacent to the Liberty High School athletic fields. 


Submitted by: Community Development Department , Oshinsky/Leana

Approved by: Jon Elam, City Manager



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

1. Pass Resolution 01-XXX approving General Plan Amendment (GPA00-02) which changes the land use on 29.64 acres from medium density residential to 23.64 acres of low density residential, 3.26 acres of high density residential and a 2.74 acre neighborhood park, and Specific Plan Amendment #1 to the Garin Ranch Specific Plan changing Planning Areas 11 & 12 from duets/townhouse and small lot single family, respectively, to a mix of conventional single family residential and senior apartments.

2. Introduce and waive the first reading of Ordinance XXX which rezones the property from PD-17 to PD-30 for a mix of single family residential and senior apartments, and adopts development standards for the single family product (Subaraea ‘A’ of the new PD-30. 


PREVIOUS ACTION 
This item was continued from the City Council meetings of August 14 & 28, 2001 in order to receive feedback from the High School District with respect to whether they were interested in purchasing the 2.74 acre parcel for the district’s use. The Council expressed no problem with the contemplated use of the parcel as a neighborhood park but had no desire to extend the use of the City’s park “fee credits” for the acquisition of this parcel.

City staff from Parks & Recreation and Planning met with the District staff to explain the City Council’s concern. In closed session at its meeting on September 12, 2001, the Liberty Union High School District Board directed its Superintendant to meet with Schuler Homes to discuss the purchase of the 2.74 acre parcel with the hope of finding a mutually satisfactory agreement to enable the District to assume ownership of the property.

Dan Smith, LUHSD Superintendant will be at the Council meeting to answer any questions the City Council may have.

Analysis
At this point there is obviously no guarantee that the High School District will purchase the property. If they do, the District can utilize the property for school purposes in anyway it sees fit; as open space, athletic uses, additional parking, classrooms etc. regardless of the zoning designation and without city approval. If the District is not successful in acquiring the property, the developer could only use the site for a neighborhood park under the zoning designation being recommended by the Planning Commission. The developer could, however, come back and request that the land use and zoning on this 2.74 acre parcel be changed to accommodate additional lots. This would require another general plan amendment, rezone and tentative subdivision map with resultant public hearings before the Planning Commission and City Council.

If the Council is satisfied with this scenario, the attached resolution and ordinance are ready for action as previously recommended at its August 14, 2001 meeting.




Attachments:

The staff report and attachments for this project from the August 14, 2001 City Council meeting.
Resolution XX and Ordinance XXX relating to the Sciortino property development plan.


































CITY COUNCIL AGENDA ITEM NO. _______



Meeting Date: August 14, 2001

Subject/Title: Public Hearing-General Plan Amendment, Specific Plan Amendment, Rezoning and Establishment of Development Standards for the Sciortino Property, located on the north side of Oak Street adjacent to the Liberty High School athletic fields

Submitted by: Oshinsky/Leana, Community Development Department.

Approved by: Jon Elam, City Manager



RECOMMENDATION 
The recommended City Council action is twofold as follows:

1. Pass Resolution 01-XXX approving General Plan Amendment (GPA00-02) which changes the land use on 29.64 acres from medium density residential to 23.64 acres of low density residential, 3.26 acres of high density residential and a 2.74 acre neighborhood park, and Specific Plan Amendment #1 to the Garin Ranch Specific Plan changing Planning Areas 11 & 12 from duets/townhouse and small lot single family, respectively, to a mix of conventional single family residential and senior apartments.

2. Introduce and Waive the first reading of Ordinance XXX which rezones the property from PD-17 to PD-30 for a mix of single family residential and senior apartments and adopts development standards for the single family product (Subarea ‘A’ of the new PD-30.) 

PREVIOUS ACTION 
None, since the adoption of land use in the 1993 General Plan and the 1992 Garin Ranch Specific Plan

ANALYSIS 
At its special meeting on May 24, 2001, the Planning Commission unanimously approved a tentative subdivision map for 113 lot single family lots, a 3.26 acre parcel for future senior apartments and a 2.74 acre parcel for a neighborhood park(soccer field.) One of the tentative map conditions includes that the general plan and specific plan amendments and rezoning, with the establishment of development standards, be approved by the City Council.

The intent of this general plan and specific plan amendments, and rezoning is to create a housing type that we haven’t seen before; housing with a downtown look that is more reflective of young urban professionals, with or without children, that would enhance the viability of Brentwood’s downtown, and housing with reduced frontyard setbacks and porches close to the sidewalk so that neighborhood interaction could be increased. Additionally, staff has worked with the developer to create a future site for senior housing in a location that is close to services in the Downtown as well on the route of public transit, which has been a desire of previous City Councils.

These land use changes and rezoning will allow development to proceed, and the proposed PD development standards enable reduced front yard setbacks that encourage better neighborhood interaction, and are intended to create a housing type that is more affordable to first time buyers, such as teachers, fire and safety personnel and municipal workers.

At this time, development standards are proposed for only the single family product (subarea ‘A’) to be built by Schuler Homes. Development standards for the senior apartment site (subarea ‘B’) will be proposed at the time development plans are processed for the apartments. A potential developer of the senior apartments has had several meetings with city staff, one with the Council’s Housing subcommittee, and is awaiting final action by the City Council in order to determine the final size of the apartment site.

As proposed, the number of units anticipated on the Sciortino site is less than those contemplated under the Garin Ranch Specific Plan, and under the current General Plan at midrange density.

Staff has long felt that one of the city’s strongest assets in maintaining and/or enhancing the viability of its Downtown was in the vacant land adjacent to it that could be developed to insure a “built in” clientele within walking distance. The applicant’s development plans further that goal.



Attachments:
Initial Study and Mitigated Negative Declaration
Schematic plan for development of the Sciortino property


























CITY COUNCIL RESOLUTION NO. ____


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING GENERAL PLAN LAND USE AMENDMENT (GPA 00-02) ON 29.64 ACRES FROM MEDIUM DENSITY RESIDENTIAL TO 23.64 ACRES OF LOW DENSITY RESIDENTIAL, 3.26 ACRES OF HIGH DENSITY RESIDENTIAL AND A 2.74 ACRE NEIGHBORHOOD PARK AND A SPECIFIC PLAN AMENDMENT TO THE GARIN RANCH SPECIFIC PLAN FROM A MIX OF SMALL SINGLE FAMILY, TOWNHOUSE/CONDOMINIUMS, AND A PARK TO A MIX OF SINGLE FAMILY SENIOR APARTMENTS AND A PARK FOR PROPERTY GENERALLY LOCATED ALONG THE NORTH SIDE OF OAK STREET ADJACENT TO THE LIBERTY HIGH SCHOOL ATHLETIC FACILITIES FILED BY SCHULER HOMES. ( APN 013-212-005)

WHEREAS, the applicant has requested that the City amend the City General Plan and Garin Ranch Specific Plan to change the Land Use mix on this property for 29.64+ acres of land generally located along the north side of Oak Street adjacent to Liberty High School Athletic facilities as shown on Exhibit A, attached to and hereby made a part of this resolution; and

WHEREAS, the applicant has also requested the City’s review and approval of a rezoning to accommodate a 113-lot single family subdivision and a future senior apartment site; and

WHEREAS, the environmental effects of this proposed action have been addressed in a Mitigated Negative Declaration, and all potentially adverse impacts have been conditioned to render the impacts to a level of less than significant; and

WHEREAS, the Planning Commission of the City of Brentwood has by passage of Resolution 01-35 recommended that the City Council of the City of Brentwood approve said general plan amendment and Specific Plan Amendment requests; and

WHEREAS, a duly noticed public hearing was advertised in the Contra Costa Times on August 3, 2001, and mailed to property owners within 300 feet of the exterior boundaries of the site as required by City Ordinance and Government Code Sec. 65090; and

WHEREAS, the City Council held a public hearing on the proposed General Plan and Specific Plan Amendments on August 14, 2001, for the purpose of reviewing said amendments, to consider the Planning Commission recommendation and the staff report; and considered all comments made by public testimony with respect to this proposed General Plan/Specific Amendment; 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 project with all other goals and policies of the City, the General Plan, and the Garin Ranch Specific Plan and all other pertinent goals, policies, regulations and documents regarding the proposed amendment, and the Planning Commission recommendation; and
WHEREAS, the City Council of the City of Brentwood makes the following supporting findings for this application as required by the City’s General Plan:
1. The proposed amendments are deemed to be in the public interest because the developer is reserving a site for senior housing in an area that is close and convenient to public services and facilities in the Downtown.
2. The proposed amendments are consistent and compatible with other goals, policies and implementation programs set forth in the General Plan and the Garin Ranch Specific Plan which are intended to create a balance between jobs and housing units while providing various housing product types.
3. The potential impacts of the proposed amendments have been assessed and have been determined not to be detrimental to the public health, safety or welfare.
4. The proposed amendments have been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.
5. .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. The Mitigated Negative Declaration applies all applicable mitigation measures specified in the Program EIR to the Project and imposes additional 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 is adequate for all approvals relating to the Project.
6. The City Council further finds that no significant new information within the meaning of the 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. The Development Agreement memorializes and provides certainty to proposed conditions of approval and mitigation measures. The Mitigated Negative Declaration has not undergone any reorganization on this account. 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 does hereby take the following actions:
1. Approves the Mitigated Negative Declaration and directs staff to file the Notice of Determination with the County Clerk.
2. Approves General Plan Amendment (GPA 00-02) changing the land use on 29.64 acres from Medium Residential Density to a mix of 23.64 of Low Density Residential, 3.26 acres of High Density Residential and a 2.74 acre neighborhood park and directs City staff to make the appropriate change to the City’s Land Use Map.
3. Approves Amendment #1 to the Garin Ranch Specific Plan for Planning Areas 11 and 12 from townhouse/condominiums and small single family, respectively, to a mix of single family residential, senior apartments and a neighborhood park.
PASSED AND ADOPTED by the City Council of the City of Brentwood at its regular meeting on September 25, 2001 by the following vote: 


AYES: 
NOES: 
ABSENT: 
ABSTAIN: 





APPROVED:


______________________________
Michael A. McPoland, Sr., Mayor


ATTEST:


__________________________________
Karen Diaz, City Clerk




Attachments:
Exhibit “A”














ORDINANCE NO. 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REZONING 29.64+ ACRES (RZ 00-05) FROM PLANNED DEVELOPMENT SEVENTEEN (PD-17) TO PLANNED DEVELOPMENT THIRTY (PD-30) FOR A MIX OF 23.64 ACRES OF SINGLE FAMILY RESIDENTIAL, 3.26 ACRES OF SENIOR APARTMENTS AND A 2.74 ACRE NEIGHBORHOOD PARK AND ADDING CHAPTER 17.480 OF THE BRENTWOOD MUNICIPAL CODE (PLANNED DEVELOPMENT ZONE 30) ESTABLISHING DEVELOPMENT STANDARDS FOR SUBAREA ‘A’ OF ZONING DISTRICT PD-30, LOCATED ON THE NORTH SIDE OF OAK STREET ADJACENT TO THE LIBERTY HIGH SCHOOL ATHLETIC FACILITIES. (APN 013-212-005)

WHEREAS, the owner of said property proposes to construct 113 homes within a conditionally approved subdivision (Tentative Map No. 8413); and

WHEREAS, the City Planning Commission conducted a duly noticed public hearing, considered public comment and passed Resolution No. 01-36 on May 24, 2001, which recommended the rezoning of this property as specified along with the addition of specific development standards for Subarea ‘A’ 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 rezoning and 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. 8413.

· 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 29.65 acres are hereby rezoned from PD-17 to PD-30 for a mix of 23.64 acres of single family residential, 3.26 acres of Senior Apartments and a 2.74 acre neighborhood park.

Section 3. Chapter 17.480 is hereby added to the Municipal Code establishing development standards for Subarea “A”, 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 25th day of September, 2001, and adopted at a regular meeting of the Brentwood City Council on the ________ day of ________, 2001, by the following vote:





Attachments:
Exhibit “A”
Exhibit “B“


Top of Page