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CITY COUNCIL AGENDA ITEM NO. 15



Meeting Date: August 13, 2002

Subject/Title: Rezoning of an approximate 0.91 acre site from R-3 to PD-50 and establishing development standards for Planned Development Zone No. 50 for property located at the northwest corner of Sycamore Avenue and Barbara Street (APN 016-150-002). Continued from the meeting of July 23, 2002.

Submitted by: Community Development (Oshinsky/Hill) 

Approved by: John Stevenson, City Manager

RECOMMENDATION
Introduce and waive the first reading of an ordinance approving the rezone of a 0.91 acre site from R-3 (High Density Residential) to PD-50 (Planned Development 50 Zone) and adding development standards for PD-50.

PREVIOUS ACTION
None.

BACKGROUND
This item was brought before the Council as a public hearing on July 23, 2002. At that time, statements by the adjoining neighbor to the west, Guy Kelley, indicated there might possibly be an error in the alignment of the property line between the City's parcel (the parcel being developed by Mr. Sherdel) and Mr. Kelley's, and it was decided by the Council to continue this item in order to allow time to verify by survey the exact property line location. A survey of the two parcels has been performed by Mark Thomas & Co., Inc., and the property line has been verified as correct as shown on the tentative subdivision map (TSM 8539) which was approved by the Planning Commission and as identified in the legal description. This results in the Kelley's house having a sideyard setback on the east side of 4.76' with the chimney encroaching into that setback up to 1.87' off the property line.

Another item brought forward by Mr. Kelley was the loss of his shade trees along his eastern property line, which would be necessitated by the grading for this project. According to the applicant, Mr. Sherdel, an agreement has been reached to compensate Mr. Kelley for the loss of his trees by having Mr. Sherdel provide new wood fencing along Mr. Kelley's western property line.

Council raised no other issues. Therefore, the previous staff report, ordinance and development standards for the rezone are attached for Council action. 

FISCAL IMPACT
None.

Attachments:
Letter dated July 30, 2002, from Mark Thomas & Co., Inc., with survey drawings
City Council Staff Report of July 23, 2002
City Council Ordinance approving Rezone 01-09 with accompanying Development Standards

ATTACHMENT:
CITY COUNCIL AGENDA ITEM NO. 

Meeting Date: July 23, 2002

Subject/Title: Rezoning of an approximate 0.91 acre site from R-3 to PD-50 and establishing development standards for Planned Development No. 50 for property located at the northwest corner of Sycamore Avenue and Barbara Street (APN 016-150-002).

Submitted by: Oshinsky/Hill 

Approved by: John Stevenson, City Manager



RECOMMENDATION
Introduce and waive the first reading of an ordinance approving the rezone of a 0.91 acre site from R-3 (High Density Residential) to PD-50 (Planned Development 50) and adding development standards for PD-50.

PREVIOUS ACTION
None.

BACKGROUND
The subject property has been improved with a single-family residential unit, which is currently uninhabited, and would be demolished with the implementation of this project. The property has been purchased by the City of Brentwood's Redevelopment Agency in order to alleviate a nuisance problem with trash and accumulated debris. The lot has been "cleaned up", and is now in the process of being sold to the developer. 

The applicant, Bob Sherdel, would like to develop a single family residential project at this site and is requesting a rezone of the property and the adoption of development standards in order to move forward with his project. The R-3 zoning currently in place would not permit the type of development the applicant is seeking without granting numerous variances for setbacks. Thus, the establishment of a planned development zone with the creation of specific development standards which will accommodate this development is preferable. The rezone, tentative subdivision map and associated design review were approved by the Planning Commission on July 2, 2002. The proposed development standards are consistent with other developments of similar lot sizes in the City and are set forth below:

DEVELOPMENT STANDARDS FOR PD-50
In order to regulate this development and move forward with the project as proposed, the following development standards for PD-50 will need to be adopted as summarized below:

Minimum Lot Area: Three thousand (3,000) square feet
Minimum Front Yard Setback: Twenty (20) feet
Minimum Side Yard Setback: Zero (0) feet with an aggregate of ten (10) feet
Minimum Rear Yard Setback: Fifteen (15) feet
Minimum Lot Width: Thirty-six (36) feet
Maximum Lot Coverage: Forty (40) percent
Maximum Building Height Limit: Two (2) stories not to exceed thirty (30) feet

These proposed development standards are consistent with development standards previously adopted for smaller lot sizes within the City with the exception of the zero size yard setback. This setback is being established in order to accommodate the housing product the applicant proposes for this site, which includes zero-lot line, single-family homes. 

FISCAL IMPACT
None.

Attachments:
City Council Ordinance approving Rezone 01-09 with accompanying Development Standards

ATTACHMENT 1

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE 01-09 OF A 0.91 ACRE SITE FROM R-3 (HIGH DENSITY RESIDENTIAL) TO PLANNED DEVELOPMENT 50 AND ADDING SECTION 17.505 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR PLANNED DEVELOPMENT 50 LOCATED AT THE NORTHWEST INTERSECTION OF SYCAMORE AVENUE AND BARBARA STREET (APN 016-150-002). 

WHEREAS, the applicant, Robert Sherdel of RHS Construction Company, has submitted a rezoning application to rezone an approximately 0.91 acre site from R-3 to PD-50 in order to implement a development plan; and 

WHEREAS, the applicant has concurrently filed a Tentative Subdivision Map (TSM 8539) to subdivide the property into 9 lots and a Design Review (DR 01-29) for the homes for these lots; and

WHEREAS, on July 2, 2002 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 02-41 which recommended the approval of the rezone and associated development standards for Planned Development No. 50; and

WHEREAS, the project site is located within an area designated as the Brentwood Redevelopment project for which the City of Brentwood has previously prepared and certified an Environment Impact Report. The type of use proposed with this application was included within the scope of that prior environmental document. Therefore, no further environmental documentation is necessary in accordance with CEQA Guidelines and a Notice of Exemption (Categorical Exemption Section 15303 New Construction) has been prepared for this project; and

WHEREAS, this project qualifies for a categorical exemption as In-Fill Development under the CEQA Guidelines Section 15332; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on July 12, 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 held a public hearing on the proposed rezoning on July 23, 2002, for the purpose of reviewing the application, considering the Planning Commission's action, and considering all comments made by the public with respect to this proposed zone change; and

WHEREAS, the City Council continued this item to August 13, 2002, for further analysis; 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 and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zone change; and 

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.450.007 of the City Zoning Ordinance and State CEQA Guidelines:

1. The site is physically suitable for the type and the density of development proposed.

2. The proposed rezoning is consistent with the existing City General Plan land use designation on the subject property.

3. The proposed rezoning is consistent and compatible with other goals, policies and implementation programs set forth in the General Plan.

4. The proposed rezone has 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 rezoning is within the scope of the development levels evaluated in the Program EIR prepared for the 1993 City of Brentwood General Plan and is within the scope of the development levels evaluated in the EIR prepared for the Brentwood Redevelopment project. In addition, this project qualifies for a categorical exception as In-Fill Development under the CEQA Guidelines Section 15332. Based upon this evidence, this City Council finds that the project will not have any significant environmental impacts that were not studied in the measures specified in these EIRs and no further environmental review is necessary.

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 General Plan EIR and/or Brentwood Redevelopment Project EIR for further public review.

7. The rezoning will result in a more desirable use of land and an improved physical environment than would be possible under any single or combination of zones because the proposed plan includes a unique single family community in a price market niche not currently accommodated within the City.

8. That the subject property regulated as a planned 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.

9. That the PD designation for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties.

10. The rezoning will involve areas which are abutting public streets which will provide physical access to the project site and there is sufficient capacity to accommodate the traffic anticipated to be generated by development and the adjacent uses in the vicinity.

11. 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.

12. The rezoning will provide standards resulting in development that is consistent and compatible with surrounding uses.

13. That the rezone 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-50 Zone is on property, which has a 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.


NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. Directs staff to file the Notice of Exemption with the City Clerk.

Section 2. 

A. Approves the rezoning of 0.91 acres from R-3 (High Density Residential) to PD-50 (Planned Development 50) for single family residential uses as reflected on Exhibit "A".

B. Directs staff to make the necessary change on the City's official zoning map.

C. Adds Chapter 17.505 to the Brentwood Municipal Code providing development standards for the new PD-50 zoning district as reflected in Exhibit "B", which is attached to and hereby 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 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 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 13th day of August, 2002 and adopted at a regular meeting of Brentwood City Council on the 27th day of August 2002, by the following vote:

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