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CITY COUNCIL AGENDA ITEM NO. 14 



Meeting Date: August 27, 2002

Subject/Title: Consent Calendar: Second Reading and adoption of Ordinance No. 714 rezoning an approximately 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).

Submitted by: Community Development Department (Oshinsky/Hill)

Approved by: John Stevenson, City Manager




RECOMMENDATION
Waive the second reading and adopt Ordinance No. 714 to rezone a 0.91 acre site from R-3 (High Density Residential) to PD-50 (Planned Development 50) and add development standards for PD-50.

PREVIOUS ACTION
At its meeting of August 13, 2002, the City Council introduced and waived the first reading of Ordinance No. 714. 

BACKGROUND

The rezone, tentative subdivision map and associated design review for this project were approved by the Planning Commission at their July 2, 2002, meeting. With their passage of Planning Commission Resolution 02-41, the Planning Commission has recommended that the City Council approve this rezone and associated development standards for this acreage.

FISCAL IMPACT
None.


Exhibits:
Ordinance No. 714

ORDINANCE NO. 714

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 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.

14. 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.

15. 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.

16. That the natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the development plan.

17. 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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