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 CITY COUNCIL AGENDA ITEM NO. 26



Meeting Date: October 22, 2002

Subject/Title: Public Hearing for 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: Community Development Department (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 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.

At the August 27, 2002 City Council meeting, the applicant, Western Pacific Housing/Schuler Homes and the representative for the property owner to the south, Mr. Chetal, had not reached an agreement on how to deal with the 30 foot access easement that runs through both properties. After hearing discussion concerning this issue the Council directed both parties to work towards a signed settlement and continued this item to September 24, 2002. As of September 24, 2002 staff had not heard from either party concerning this signed agreement and recommended that this item be pulled until an agreement is reached. 

Schuler Homes did make an offer, concerning the 30-foot easement, to the representative for the property owner to the south, however that offer was not accepted. Schuler Homes has decided to revise the tentative subdivision map in order to keep the 30-foot easement in place and still provide lots that would meet the minimum lot size of 8,000 sq. ft. They achieved this by eliminating one lot from the 9 lots that were affected by the 30-foot easement and reworking that one lot’s square footage into the other 8 lots thereby meeting the minimum lot size standards. As homes are constructed on these 8 lots, the rear yard would be delineated by a fence constructed on the easterly side if the easement line and the property owner would not be allowed to develop this portion of the property until at which time the easement is finally vacated. This easement would be recorded on the final map and individual lot owners would be notified that this property would be part of their overall property. 

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 “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 Contra Costa Times on October 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 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 22nd day of October 2002 and adopted at a regular meeting of Brentwood City Council on the 12th day of November 2002, by the following vote:










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 Contra Costa Times on October 12, 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 October 22, 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 ten (10) calendar days following City Council action.

PASSED by the City Council of the City of Brentwood on October 22, 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.




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