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CITY COUNCIL AGENDA ITEM NO. 19


Meeting Date: August 27, 2002

Subject/Title: Public Hearing for an ordinance to approve an amendment to Planned Development Zone (PD) 35 to create development standards for Subarea “E” within PD-35, located west of Fairview Avenue, south of Apricot Way and north of Sand Creek, and the adoption of a resolution approving TSM 8556 with the density transition reduction.

Submitted by: Oshinsky/Zilm 

Approved by: John Stevenson, City Manager

RECOMMENDATION
Introduce and waive the first reading of an ordinance approving an amendment to Planned Development Zone No. 35 by adding development standards for Subarea “E” (Tentative Subdivision Map 8556), and adopt a resolution approving TSM 8556 with the density transition reduction. 

PREVIOUS ACTION
The City Council approved, on July 14, 1998, the creation of Planned Development Zone No. 35. 

BACKGROUND
This proposed development is for 28 units on 10.63 acres giving it a density of 2.63 units per acre. The proposed development is below the General Plan midrange density of 3.00 units per acre and all of the lot sizes are above the 8000 sq. ft. minimum established during the recent General Plan Update. 

Schuler Homes would like to amend the PD standards to include Subarea “E” in with the existing subareas for PD-35 and use the following proposed development standards for their individual project. The proposed guidelines are fairly standard and are as follows:

DEVELOPMENT STANDARDS FOR SUBAREA “E”
The amendment to PD-35 involves the addition of development standards to guide the development of Tentative Subdivision Map No. 8556.

The applicant is proposing standards for the development of the following lot size:

• 8,000 sq. ft.

The setbacks are standard for the lot size:

SIDE YARD SETBACKS

• 7’ minimum, aggregate of 15’

FRONT YARD SETBACKS

• 20’ feet to the face of the garage door and 15’ to the side entry garage and 12’ to any primary building wall. 

REAR YARD SETBACKS

• 20’ minimum

CORNER SIDE YARD SETBACK

• Corner lots shall have a minimum corner side yard setback of 10’.

These proposed development standards are consistent with the development standards that were approved for Mission Peak Homes and Currin-Martin Development both having residential developments within PD-35.

Due to the recent City Council approved change in the Density Transition Policy of the General Plan all tentative maps requesting an exception to the Policy with proposed lots smaller than 20,000 sq. ft. abutting existing lots of 1 acre or more or with lots smaller than 10,000 sq. ft. abutting existing lots between ½ and 1 acres are subject to City Council review. This approved change in the density transition policy requires that the applicant obtain written authorization from all adjacent property owners stating that they are aware there will be smaller lots abutting their property and that they are or are not in favor of it. The applicant has done this by obtaining letters of approval from the adjacent property owners on the east and west of the project site and they are included with this staff report. 

Schuler Homes has been working with the property owner to the south to obtain a letter consenting to the 8,000 sq. ft. lots that would abut the property to the south. The property owner to the south originally gave his consent to the 8,000 sq. ft. lots, then withdrew it when an issue arose with Schuler Homes concerning the easement along the westerly property line of both properties. Schuler Homes proposed to vacate this easement and construct homes on it and in doing so provided access to the southerly property by creating a stub street that would be extended down into this property at which time the southerly property develops. The property owner to the south did not like this proposal because he has a residential unit located on his property, who has paved and uses the existing 30-foot easement for access to Apricot Way for many years. Over the past two months both parties have been trying to work out a deal that would be beneficial to both. 

The City Attorney stated that if the owner to the south has been using this easement for more than 5 years it becomes a prescriptive access easement to Apricot Way and that Schuler Homes would need to obtain permission from that property owner to vacate it. Staff has added a new condition to the conditions of approval that states prior to recordation of a final map the applicant shall work with the southerly property owner to vacate the existing 30 foot roadway easement located along the westerly property line of Tentative Subdivision Map No. 8556 and the property to the south of this subdivision map to the satisfaction of the City Engineer. With this new condition staff feels that this project could move forward and allow the applicant time to resolve it.

FISCAL IMPACT
None.

EXHIBITS:

A. City Council Resolution No. ____ approving TSM 8556 with the density transition reduction.
B. City Council Ordinance No. ____ approving the Planned Development Amendment 
C. Planned Development No. 35 development standards for Subarea “E”
D. PD-35 Subarea Map.
E. Tentative Subdivision Map No. 8556
F. Letters from Mark Pringle Homes, dated May 1, 2002 and from Beck Properties, dated May 3, 2002, stating that they are aware that there will be smaller lots abutting their properties and that they intend to develop their properties with the same size of lots as the proposed lots. 

EXHIBIT "A"

CITY COUNCIL RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TENTATIVE SUBDIVISION MAP NO. 8556, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SUBDIVISION OF 10.63 ACRES INTO A TOTAL OF 28 SINGLE-FAMILY RESIDENTIAL LOTS, LOCATED WEST OF FAIRVIEW AVENUE, SOUTH OF APRICOT WAY AND NORTH OF SAND CREEK.

WHEREAS, the Planning Commission of the City of Brentwood has considered the amendment to PD-35, and the proposed Tentative Subdivision Map No. 8556 with the Mitigated Declaration filed in accordance with Chapter 16.040 et seq. of the Brentwood Municipal Code; and

WHEREAS, project information was referred to various public utility companies, public districts and pertinent departments for review and recommendations; and

WHEREAS, an Initial Study and Negative Declaration has been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and is considered as a part of this review and approval process; and

WHEREAS, the 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 and will reduce the impacts identified to a less than significant level; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project and published in the Ledger-Dispatch on April 17, 2002, in accordance with City policies and Government Code 65090; and

WHEREAS, the City Council has considered the staff report, Negative Declaration, supporting documents, public testimony and all appropriate information that has been submitted with the proposed zoning amendment and tentative map and makes the following findings:

1. The proposed tentative subdivision map is in conformance with the City General Plan and Zoning Ordinance;

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

3. The design of the subdivision is not likely to cause serious public health problems; and

4. The discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.

5. The proposed PD-35 amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

6. 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 and the EIR prepared for the 2001 General Plan Update. The Initial study has further evaluated potential project specific impact to the environment. Based upon this evidence and the Mitigated Negative Declaration, this Planning Commission finds that the project will not have any significant environmental impacts that were not studied in the measures specified in the General Plan Program EIR and General Plan Update EIR to the project and imposed additional mitigation measures to supplement and strengthen these 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 and the EIR prepared for the General Plan Update are adequate for all approvals relating to the project.

7. 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.

8. 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, and the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis.

9. The City Council further finds that this project does meet the Density Transition Policy of the General Plan and allows the applicant to have lots smaller than 20,000 square feet abutting existing lots of 1 acre or more in size. 

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby takes the following action:

1. Adopts and certifies the mitigated Negative Declaration prepared for this project.

2. Directs the City Clerk to file the Notice of Determination with Contra Costa County.

3. Approves Tentative Subdivision Map No. 8556 effective only upon the date the applicant’s proposed amendment to PD-35 is effective, subject to those conditions in Exhibit "A" attached to and made a part of this resolution.

NOW, THEREFORE, BE IT FURTHER RESOLVED that this tentative subdivision map is valid for two years and will expire on August 27, 2004, unless a final map is recorded prior to that date, or a written extension is requested by the applicant and approved by the Planning Commission prior to the expiration date.

The above actions are final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within fourteen (14) calendar days following Planning Commission action.

PASSED by the City Council of the City of Brentwood on August 27, 2002, by the following vote:


ATTACHMENT TO 
CITY COUNCIL RESOLUTION NO. ____
CONDITIONS OF APPROVAL
FOR
TENTATIVE SUBDIVISION MAP 8556


CONDITIONS OF APPROVAL FOR TSM 8556

1. The Standard Conditions of Approval for Tentative Maps, dated January 2001, are hereby incorporated by reference and shall be complied with by the Developer, unless modified by any of the conditions below.

OTHER CONDITIONS:

2. The developer shall acquire the necessary right-of-way and construct Apricot Way to a minimum of 28-feet wide pavement section with 5-foot wide graded dirt shoulders from the easterly property line of Parcel “A” to Fairview Avenue to the satisfaction of the City Engineer. These improvements will be the developer’s financial responsibility and shall be complete and operational prior to the issuance of the first building permit.

3. The developer shall provide to the City of Brentwood an irrevocable offer of dedication, within 90 days of Planning Commission approval, the right-of-way for Apricot Way along the project’s frontage (including Parcel “A”). This project’s Planning Commission approval shall be null and void without this dedication. The developer shall construct Apricot Way along the project’s frontage (including Parcel “A”)as a half width right-of-way street plus a 12-foot lane in the opposite direction to the satisfaction of the City Engineer. These improvements will be the developer’s financial responsibility and shall be complete and operational prior to the issuance of the first building permit.

4. The developer shall relinquish all access rights along Apricot Way to the City of Brentwood on the final map to the satisfaction of the City Engineer.

5. The developer shall install a complete irrigation system and landscaping in the median and parkway area along the project’s entire Apricot Way frontage (including Parcel “A”). All improvements shall be to the satisfaction of the City Engineer and the Parks and Recreation Director. The maintenance of these improvements and the costs associated with the street lighting shall be included in the Landscaping and Lighting District for the TSM.

6. The developer shall acquire and dedicate in fee (if applicable) to the City of Brentwood, all necessary right-of-way and/or maintenance easements required for all City of Brentwood utilities (water, sewer, etc.) from the project to where they tie into the existing facilities. The right-of-way and/or maintenance easements shall be to the satisfaction of the City Engineer and shall be obtained prior to any plan approval.

7. If and as required, the developer shall relocate East Contra Costa Irrigation District (ECCID) facilities to the satisfaction of the City Engineer and ECCID. This relocation shall be the financial responsibility of the developer.

8. Developer shall annex into the Community Facilities District No. 2 prior to issuance of any building permits.

9. The City of Brentwood will entertain a Benefit District for non-fee creditable off-site improvements constructed by the developer subject to the approval of the City Council. The developer must pay all applicable fees and costs associated with the formation of this district as outlined in Appendix L of the City of Brentwood Development Fee program.

10. The developer shall provide a hydrology study and master drainage plan prepared by a registered Civil Engineer (State of California), including recommended drainage improvements consistent with the City’s Master Drainage Plan to the satisfaction of the City Engineer. As a part of, or in addition to, the developer shall also accept and address the drainage from upstream properties to the satisfaction of the City Engineer prior to any plan approvals. The subdivision’s master drainage plan shall show enough detail to address mitigation of impacts on existing agricultural uses or to conclusively show that there will be no impacts to the satisfaction of the City Engineer.

11. All water laterals to single family homes shall be 1-inch in diameter with 1-inch meters.

12. A portion of the Master Plan Infrastructure constructed as a part of this development is fee creditable per the current Development Fee Program. Calculations of the exact fee credits will be prepared by the office of the City Engineer at the time of construction of this project. Those credits will be based on the then Development Fee Program as adopted by the City Council.

13. The developer shall coordinate with property owners along the easterly, westerly and southerly property lines of this subdivision for any grading/fence work to the satisfaction of the City Engineer.

14. The design of Apricot Way improvements shall incorporate traffic calming features to the satisfaction of the City Engineer. These improvements will be the developer’s financial responsibility.

15. The developer shall design and construct sanitary sewer lines across this project site to serve the upstream future projects. These sewer lines shall be sized per the City’s Master Plan and to the satisfaction of the City Engineer.

16. Water lines in Apricot Way shall be constructed per the City’s Water Master Plan prepared by Water Resource Associates. Any oversizing will be reimbursable.

17. Developer shall provide a second access point to the nearest improved roadway prior to issuance of 26th building permit to the satisfaction of the City Engineer.

18. Developer shall pay their fair share for the future traffic signal installation at the intersections of Empire Avenue and westerly extension of Grant Street, Empire Ave. and Apricot Way, and Fairview Avenue and Apricot Way prior to the approval of the first final map. If these improvements are later included in the Development Fee Program this payment shall be waived or shall be fee creditable to the extent they have already been paid by the developer as determined by the City Engineer.

19. Developer shall pay the per unit fair share cost for Sub-Master Planned infrastructure constructed by others as outlined in the SPA L Benefit District Engineers Report. The current per unit cost is estimated to be $179.45 per residential dwelling unit and shall be paid prior to approval of the first final map, or as otherwise approved by the City Engineer.

20. Prior to recordation of the final map the Developer shall enter into an agreement with ECCID for 1) the replacement of a portion of the District’s Lateral 7 North pipeline and related facilities, and 2) the transfer of right-of-way interests to accommodate the development, the relocation of District facilities and the continued agricultural operations in the area.

21. At the time of recordation of the Final Map, the Applicant/Developer shall comply with any City Council fire/emergency services programs established pursuant to the General Plan Safety Element, in order to provide such adequate services to the community.

22. Prior to the recordation of the Final Map the applicant/developer shall submit for City review a Biological Resources Assessment Report addressing the potential for any endangered species that might be located on the proposed project site.

23. In conjunction with development of the proposed project, the Applicant/Developer shall shield all on-site lighting so that it is directed within the project site and does not illuminate adjacent properties or public rights-of-way. A Street Lighting Plan shall be approved by the Public Works Department in conjunction with approval of improvement plans. The shielded light fixtures shall be reviewed and approved by the Community Development Department in conjunction with the approval of improvement plans.

24. At the time of recordation of the first final map, the Applicant/Developer shall comply with any City Council conservation programs established pursuant to General Plan Conservation Element Policy 1.1.4 in order to mitigate the potential significant impact of the proposed project on the loss of farmland. The applicant shall pay the current City fee of $5,000 per acre of lost farmland, or the fee in effect at the time of recording the final map.

25. Prior to issuance of certificates of occupancy and predicated on the sequence of 
development, the perimeter of each development shall be appropriately buffered by fences, and/or walls, to minimize conflicts between permanent residents, proposed non-residential uses, and agricultural uses.

26. Prior to the issuance of grading permits, the project proponent shall submit to CDFG and planning staff a pre-construction survey performed in accordance with CDFG standards of the project site. The survey shall be conducted by a qualified biologist not more than 30 days prior to the application for a grading permit. If burrowing owls and or Swainson’s hawk are not discovered, further mitigation will not be required. If burrowing owl are observed during surveys, the applicant shall perform measures prescribed by the CDFG to limit the impact on the burrowing owls and or Swainson’s hawk. Mitigation measures may include, but are not limited to:

a. A fenced 300-foot buffer shall be created between the nesting site(s) (that is, the active burrow(s)) and any earth-moving activity or other disturbance. This 300-foot buffer could be removed once it is determined by a qualified raptor biologist that the young have fledged. Typically, the young fledge by August 31, however this date may be earlier or later than August 31 and would have to be determined by a qualified raptor biologist.

b. If burrowing owls are present on site, a qualified raptor biologist would need to delineate the extent of burrowing owl habitat on the site. To mitigate impacts to burrowing owls, CDFG requires a minimum of 6.5 acres of replacement habitat be set-aside per pair of burrowing owls, or unpaired resident bird. The protected lands shall be adjacent to occupied burrowing owl habitat and at a location acceptable to CDFG. Land identified to off-set impacts to burrowing owls must be protected in perpetuity either by a conservation easement or via fee title acquisition.

c. Prior to issuance of a grading permit, the project proponent shall submit a Mitigation Plan and Mitigation Agreement to CDFG and City of Brentwood for their approval. The Mitigation Plan shall identify any activities necessary to enhance the site, including the construction of artificial burrows. The Plan shall also include a description of monitoring and management methods proposed at the mitigation site. Monitoring and management of any lands identified for mitigation purposed will be the responsibility of the applicant for at least five years. An annual report must be prepared for submittal to CDFG by December 31 of each monitoring year. Contingency measures for any anticipated problems should be identified in the plan.

d. If nesting Swainson’s hawks are identified on the project site, grading and/or other intensive disturbances shall be avoided, between the dates of March 1 through September 15 to ensure that there is no nesting failure. The date of September 15 may be negotiated with CDFG if the young fledge sooner; however, such negotiation would only be possible if a qualified raptor biologist periodically monitors the nest to determine when the young have fledged.

27. Prior to issuance of grading permits, the Applicant/Developer shall submit plans to the Community Development Department for review and approval which indicate (via notation on the improvement plans) that if historic and/or cultural resources are encountered during site grading or other site work, all such work shall be halted immediately within the area of discovery and the Applicant/Developer shall immediately notify the Community Development Department of the discovery. In such case, the Applicant/Developer shall be required, at his expense, to retain the services of a qualified archaeologist for the purpose of recording, protecting, or curating the discovery as appropriate. The archaeologist shall be required to submit to the Community Development Department for review and approval a report of the findings and method of curation or protection of the resources. Further grading or site work within the area of discovery will not be allowed until the proceeding steps have been taken.

28. Prior to the issuance of grading permits, the Applicant/Developer shall have a Phase I Site Assessment conducted by a qualified soils engineer and shall submit the engineer's report to the City Engineer for review. Such assessment shall include the following:
• Visual reconnaissance of the subject property to evaluate current on-site activities and past uses;
• Review of local regulatory files concerning chemical use and storage at the subject property;
• Research of computerized review of federal, state, and local publications to identify sites located within close proximity to the property that are listed on or by the following:
o National Priority List (NPL);
o Resource Conservation and Recovery Act (RCRA);
o United States Environmental Protection Agency (EPA), Region 9, Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS);
o RCRA Treatment, Storage and Disposal (TSD); and
o Emergency Response Notification System (ERNS); 
as well as sites containing landfills, leaking underground storage tanks (LUST), registered underground storage tank (UST), and above-ground 
storage tanks (AST).
• Review of selected historic documentation of the property to determine what activities have occurred at the subject site since the property’s first developed use or since 1940 (whichever is earlier);
• General visual survey of the current uses of the immediately adjacent sites;
• Soil sampling and analysis for pesticides and nitrates;
• Preparation of a written report in general conformance to the guidelines presented in ASTM Standard E-1527-00, Standard Practice for Environmental Site Assessments.

The Phase I report must result in a conclusion that the potential for contamination on the property is low and further investigation of the property to ensure that recognized adverse environmental conditions area not present at the site is unnecessary.

29. Lot 17 shall be required to have a single story residential unit constructed on it or a minimum 10 foot side yard setback is required on the side that abuts the rear yards of Lots 15 and 16 which ever is approved by the Planning Commission at the time of the Design Review for this subdivision.

30. The Developer shall notify all purchasers of homes or lots through a statement signed by each buyer and submitted to the City, that the Gursky Ranch, located at the rear of Lots 10 – 21 is an existing residence and a year round operational farm which also operates a retail store selling various dried fruits, nuts, specialty foods and gift items; that there will be a new school constructed at the corner of Shady Willow and Grant Street, and the close proximity of this subdivision to the Highway 4 Bypass. The wording and format for notifying the home or lot buyers of this information is subject to approval by the Community Development Department.

31. The final map shall be substantially the same as the tentative subdivision map prepared by Carlson, Barbee & Gibson, Inc., date stamped January 23, 2002.

32. The developer shall design and construct a 6’ high masonry sound wall along Apricot Way. Such masonry wall shall be of the same design as that approved for TSM 8469/DR 01-07, the approved Centex project, and shall be submitted to the Community Development Department for review and approval as part of the design review application for this subdivision.

33. The developer shall pay the Habitat Conservation Fee prior to issuance of building permits. This fee shall be as established by the City Council.

34. The applicant, on Lots10 – 14 and 17 – 21, shall construct a 8 foot high masonry wall along the rear of these lots to help mitigate any concerns that may occur with the Gursky Ranch operation. Said masonry wall shall match the masonry wall proposed for Apricot Way that will be constructed by the applicant.

35. Prior to recordation of the final map, the applicant shall work with the southerly property owner to vacate the existing 30 foot roadway easement located along the westerly property line of Tentative Subdivision Map No. 8556 and the property to the south, to the satisfaction of the City Engineer. 





EXHIBIT “B”

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 35 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA “E” WITHIN PD-35 LOCATED WEST OF FAIRVIEW AVENUE, SOUTH OF APRICOT WAY AND NORTH OF SAND CREEK. 

WHEREAS, the applicant has filed for an amendment of the development standards of his property to accommodate development for Tentative Subdivision Map 8556; and

WHEREAS, on May 7, 2002 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 02-20 which recommended the approval of the amendment to Planned Development Zone No. 35 by adding development standards for Subarea “E”; and

WHEREAS, an Initial Study and Negative Declaration were prepared for Tentative Subdivision Map 8556 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 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. 8556.

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 “E” 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 “E” 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 “C” attached hereto and made a part of this Ordinance.

Section 5. 

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 27th day of August 2002 and adopted at a regular meeting of Brentwood City Council on the 10th day of September 2002, by the following vote:

EXHIBIT “C”
CHAPTER 17.485
PD-35 (Planned Development Thirty-five) Zone
SUBAREA “E”


SECTIONS:

17.485.028 – Authority, Purpose and Intent
17.485.029 – Permitted Uses
17.485.030 – Conditional Uses
17.485.031 – General Development Standards

17.485.028.

The authority, purpose and intent for the adoption of PD-35 Subarea “E” Zone (see the attached Subarea map) 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 “E” Zone is to permit and regulate the development of single family detached homes on the Gursky 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 “E” Zone, the development of the Gursky 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 10.63 acres, and;

2. Lot sizes vary from 8,152 sq. ft. to 12, 251 sq. ft. will be created.

17.485.029.

Permitted Uses: The following uses are permitted in the PD-35 Subarea “E” Zone:

A. Those uses permitted under the R-1 Zone, Section 17.130.002. 
B. The continuation of the existing year round Gursky Ranch operation.

17.485.030.

Conditionally Permitted Uses: The following uses are permitted in the PD-35 Subarea “E” Zone:

A. Upon obtaining a Use Permit, those uses permitted under R-1 Zone, Section 17.130.003.

17.485.031

General Development Standards for Subarea “E” of PD-35: All permitted and conditionally permitted uses shall conform to the Development Standards set forth below:

1. Minimum Lot Size: 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 Setback: Twenty (20) feet to the garage door face, fifteen (15) feet to any primary building wall.

6. Minimum Side Yard Setback: Seven (7) feet; aggregate fifteen (15) feet. All corner lots shall a minimum of ten (10) feet on the street side.

7. Minimum Rear Yard Setback: 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. Fifty (50) percent of the corner lots shall have single story units.

13. A maximum of a 40 percent for lot coverage.


City Administration
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(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov