Meeting Date: June 11, 2002
Subject/Title: Second Reading and adoption of Ordinance No. 706 amending Planned Development 35 to create development standards for Subarea "F" for property generally located north of Apricot Way, west of Fairview Avenue and south of the EBMUD aqueduct.
Submitted by: Community Development Department (Oshinsky/Hill)
Approved by: John Stevenson, City Manager
Waive the second reading and adopt Ordinance No. 706.
At its meeting of May 28, 2002, the City Council introduced and waived the first reading of Ordinance No. 706, which amends Planned Development 35, as noted above.
Adoption of this ordinance will amend the existing Planned Development 35 to create development standards for Subarea "F".
Ordinance No. 706
ORDINANCE NO. 706
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 35 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA “F” WITHIN PD-35 LOCATED WEST OF FAIRVIEW AVENUE, NORTH OF APRICOT WAY AND SOUTH OF THE EBMUD AQUEDUCT
WHEREAS, the applicant has filed for an amendment to PD-35 to establish development standards of his property to accommodate development for Tentative Subdivision Map 8557; and
WHEREAS, on May 7, 2002 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 02-21 which recommended the approval of the amendment to Planned Development No. 35 by adding development standards for Subarea “F”; and
WHEREAS, an Initial Study and Negative Declaration were prepared for Tentative Subdivision Map 8557 in accordance with the California Environmental Quality Act and was considered as a part of the review and approval process; and
WHEREAS, the Negative Declaration identified 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 and will reduce the impacts identified to a less than significant level; and
WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on April 17, 2002, and again on May 17, 2002, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; and
WHEREAS, the City Council of the City of Brentwood hereby finds that the proposed amendment will:
1. Establish clear development standards for the uses permitted under the General Plan and the approved Tentative Subdivision Map No. 8557.
2. Provide standards resulting in development that is consistent and compatible with surrounding uses.
3. Provide for adequate public uses and private open space.
4. Generate a level of traffic that can be accommodated by the public circulation system, existing or planned.
5. 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).
6. That the proposed development will clearly result in a more desirable use of land and a better physical environment than would be possible under any single or combination of zones.
7. That the PD Zone proposed amendment is on property, which has suitable relationship to one or more thoroughfares; and that said thoroughfares are adequate to carry any traffic generated by the development.
8. That the plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility.
9. That the natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the development plan.
10. That the development of the subject property, in the manner proposed by the applicant, 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 with the City’s Community Development Plan, including all relevant Elements therefore, and with any applicable Specific Plan adopted by the City.
11. The City Council has reviewed and approved the Mitigated Negative Declaration prepared for this project and orders the filing of the Notice of Determination with the County Clerk.
12. Pursuant to Section 15168 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 General Plan. The Initial Study has further evaluated potential project specific impacts to the environment. Based upon this evidence and the Mitigated Negative Declaration, this 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 of 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.
13. 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 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, the City Council of the City of Brentwood does hereby ordain as follows:
Section 1. The subject project is hereby zoned as Subarea “F” within Planned Development 35 for single-family residential units.
Section 2. Chapter 17.485 has hereby been amended for the purpose of regulating certain real property and establishing development standards for Subarea “F” for single-family residential units.
Section 3. Chapter 17.485 is hereby known as Planned Development 35 (PD-35).
Section 4. Amendments to Chapter 17.485 are hereby added to read as shown in Exhibit “A” attached hereto and made a part of this Ordinance.
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 least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.
B. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.
Section 6. 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 May 2002 and adopted at a regular meeting of Brentwood City Council on the 11th day of June 2002, by the following vote:
Michael A. McPoland, Sr., Mayor
Karen Diaz, CMC, City Clerk
TO ORDINANCE 706
ZONING ORDINANCE AMENDMENT
PLANNED DEVELOPMENT THIRTY-FIVE (PD-35)
17.485.032 Authority, Purpose and Intent
17.485.033 Permitted Uses
17.485.034 Conditionally Permitted Uses
17.485.035 General Development Standards
17.485.032 Authority, Purpose and Intent:
The authority, purpose and intent for the adoption of Planned Development Thirty-five (D-35) Subarea "F" 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 "F" Zone is to permit and regulate the development of single family detached homes on the Sanborn 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 "F" Zone, the development of the Sanborn Property will be undertaken in accordance with the Brentwood General Plan as follows:
1. A maximum of 28 single-family homes will be developed on the property.
2. Lot sizes varying between 8,250 to 11,283 sq. ft. will be created.
17.485.033 Permitted Uses:
The following uses are permitted in the PD-35 Subarea "F" Zone:
A. Those uses permitted under the R-1 Zone, Section 17.130.002.
17.485.034 Conditionally Permitted Uses:
The following uses are conditionally permitted in the PD-35 Subarea "F" Zone:
A. Upon obtaining a Use Permit, those uses permitted under R-1 Zone, Section 17.130.003.
17.485.035 General Development Standards for Subarea "F" of PD-35:
All permitted and conditionally permitted uses shall conform to the Development Standards set forth below:
1. Minimum Lot Area: 8,000 square feet
2. Minimum Lot Width: Seventy (70) feet
3. Minimum Lot Depth: One Hundred Ten (110) feet
4. Minimum Lot Frontage: One-half (1/2) the required lot width
5. Minimum Front Yard: Twenty (20) feet to the garage; twelve (12) feet to any primary building wall.
6. Minimum Side Yard: Five (5) feet; aggregate fifteen (15) feet. All corner lots shall maintain a minimum side yard on the street side of ten (10) feet.
7. Minimum Rear Yard: Twenty (20) feet
8. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.
9. Maximum Building Height: Thirty (30) feet and two (2) stories
10. Side Loading Garage: Ten (10) percent of the lots shall have side-loading garages.
11. A minimum of twenty-five (25) percent of the lots shall have single story units.
12. A minimum of fifty (50) percent of the corner lots shall have single story units.
13. Maximum Lot Coverage: Forty (40) percent