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 CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: October 9, 2001

Subject/Title: Adoption of Ordinance 688 Rezoning the Sciortino Property from PD-17 to PD-30 and Establishing Development Standards to Accommodate the Schuler Homes Development. 

Submitted by: Oshinsky/Leana, Community Development Department.

Approved by: Jon Elam, City Manager

RECOMMENDATION:
Waive the second reading and adopt Ordinance 688 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:
At its meeting on September 25, 2001, this ordinance was introduced with the first reading waived with unanimous support.

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

Attachments:

Ordinance 688 relating to the Sciortino property development plan.

ORDINANCE NO. 688

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 013-212-008)

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 judgment 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 ninth (9th) day of October, 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 Residential 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 property.

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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