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CITY COUNCIL AGENDA ITEM NO. 22


Meeting Date: August 27, 2002

Subject/Title: Public Hearing for zoning amendment to Planned Development 42 establishing development standards for Subarea D generally located west of Brentwood Boulevard and south of Sand Creek Road

Submitted by: Community Development Department (Oshinsky/Hill)

Approved by: John Stevenson, City Manager


RECOMMENDATION 
The Planning Commission recommends that the City Council introduce and waive the first reading of an ordinance approving a zoning amendment to Planned Development 42, which establishes development standards for Subarea D of this zone, which has been conditionally approved for a 120-unit townhome development.

PREVIOUS ACTION
Planned Development 42 was approved by the City Council on October 12, 1999. With the Central Annexation this PD was subsequently amended adding additional acreage. At its June 26, 2001, and October 9, 2001, meetings, the City Council again amended this PD adding development standards for Subareas A and C of this zoning area. 

BACKGROUND
The project area is designated in the City of Brentwood General Plan as Special Planning Area "B". This special planning area divides this acreage into approximately 24% commercial, 49% business park and 27% medium density residential uses as a result of the General Plan update process. The proposed development standards for Subarea D are attached as Exhibit B to the ordinance. These standards are in conformance with the General Plan. 

The applicant, CP Management, LLC, would like to receive approval for the creation of specific development standards in order to move forward with residential development plans for the area identified as Subarea D of PD-42 (shown on the map attached to the Ordinance), which is proposed for a 120-unit townhome project. The tentative subdivision map and design review for this project have been conditionally approved by the Planning Commission pending this zoning amendment approval by Council.

FISCAL IMPACT
None.

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 42 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA D OF THIS PLANNED DEVELOPMENT GENERALLY LOCATED SOUTH OF SAND CREEK ROAD AND WEST OF BRENTWOOD BOULEVARD.

WHEREAS, the applicant has filed for a zoning amendment to Planned Development Zone 42 to add development standards for Subarea D for this property in order to accommodate future residential development; and

WHEREAS, on July 16, 2002, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 02-30 which recommended the approval of the amendment to Planned Development No. 42 adding development standards for Subarea D of this planned development, and approved the tentative subdivision map and design review for a 120-unit townhome project pending City Council approval of the amendment to the Planned Development; and

WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared for this project in accordance with the California Environmental Quality Act and were considered as a part of the review and approval process; and

WHEREAS, the Mitigated Negative Declaration identified potentially significant environment effects associated with the proposed project which can be feasibly mitigated or avoided, and these project measures were included in project conditions of approval for this area 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 August 16, 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 zoning amendment on August 27, 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 zoning amendment; 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 zoning amendment; and 

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.870.008 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 zoning amendment is consistent with the existing City General Plan land use designation on the subject property.

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

4. The proposed zoning amendment 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 zoning amendment 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 General Plan update. The environmental effects of this proposed action have also been addressed in the Mitigated Negative Declaration prepared for this project, and all potentially adverse impacts will be conditioned to render the impact to a level of less than significant.

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 General Plan Update EIR for further public review.

7. 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.

8. The zoning amendment 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 of a type not currently provided within the City.

9. 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.

10. The zoning amendment will provide standards resulting in development that is consistent and compatible with surrounding uses.

11. The zoning amendment 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.

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

13. 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. 

A. Approves the mitigated Negative Declaration prepared for the proposed project.

B. Directs staff to file the Notice of Determination with the County Clerk.

Section 2. 

A. Approves the zoning amendment to Planned Development 42, Subarea D, reflected on the map attached as Exhibit "A".

B. Amends Chapter 17.493.005 of the Brentwood Municipal Code providing development standards for Subarea D of the PD-42 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 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:

AYES:
NOES:
ABSENT:
ABSTAIN:

APPROVED:


_____________________________ 
Michael A. McPoland, Sr., Mayor




ATTEST:



_____________________________
Karen Diaz, CMC, City Clerk



EXHIBIT B
ZONING ORDINANCE AMENDMENT
PLANNED DEVELOPMENT FORTY-TWO (PD-42)
SUBAREA D



17.493.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED 
MATTERS:

A. The following regulations shall apply to Subarea A of the PD-42 zone:

Minimum Lot Area - 2 acres
Minimum Lot Width - 100 feet
Minimum Street Frontage Setback - 18 feet
Minimum Non Street Frontage Setback - 0 feet
Maximum Building Height - 2 Stories and/or 30 feet

B. The following regulations shall apply to Subarea C of the PD-42 zone:

Minimum Lot Area - 0.75 acres
Minimum Lot Width - 89 feet
Minimum Street Frontage Setback - 10 feet minimum, with an average setback of 20 feet along Brentwood Boulevard, 20 feet minimum on all other street frontages
Minimum Non Street Frontage Setback - 0 feet
Maximum Building Height - 3 Stories and/or 45 feet

C. The following regulations shall apply to Subarea D of the PD-42 zone:

Minimum Lot Area - 1,500 square feet
Minimum Lot Width - 24 feet 
Minimum Lot Depth - 60 feet 
Minimum Lot Frontage - 24 feet 
Minimum Front Yard - 6 feet; exceptions granted for lots with radius curves
Minimum Side Yard - 0 feet on interior units, and 5 feet on end units
Minimum Rear Yard - 10 feet
Maximum Lot Coverage - 66 percent

D. Regulations for lot area, yards, height, and related matters for Subareas B and E through I shall be determined by amendment to these planned development guidelines prior to and/or in conjunction with submittal of a development plan.

E. Other Regulations:

1. Advertising Signs. All signs shall be subject to Chapter 17.640 of the Brentwood Municipal Code.

2. Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 of the Brentwood Municipal Code.

3. Accessory structures shall be permitted pursuant to the provisions of Chapter 17.660.

4. Security Measures. All facilities shall provide security measures in accordance with City standards and are subject to design review approval.

5. Energy Conservation. All facilities shall, to the greatest extent possible, incorporate energy conservation measures in conformance with City standards and are subject to design review approval.

6. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure.

7. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures with exterior surfaces that are compatible with adjacent buildings and that adhere to City standards and specifications.

8. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of the Brentwood Municipal Code.

9. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.



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