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Meeting Date: November 12, 2002 

Subject/Title: Second Reading and adoption of Ordinance 725 amending Planned Development (PD) 35 to create development standards for Subarea "E" (TSM 8556) within PD-35, located west of Fairview Avenue, south of Apricot Way and north of Sand Creek Road.

Submitted by: Community Development Department: M. Oshinsky/J. Zilm

Approved by: John Stevenson City Manager

Waive the second reading and adopt Ordinance 725, as presented, which would amend Planned Development 35 to create development standards for Subarea "E" (TSM 8556).

At its meeting of October 22, 2002, the City Council introduced and waived the first reading of Ordinance 725 and approved TSM 8556, a proposed 27-lot subdivision located on the south side of Apricot Avenue, west of Fairview Avenue. 


Based upon direction provided by the City Council when this Ordinance was introduced at its October 22nd meeting, staff has added the following conditions to the tentative map approval:

#36 In order to insure that when the existing 30 foot access easement located along the westerly property line of the subdivision is vacated that the affected side and rear yard fences are relocated (so as not to create a "no man's land), the developer shall deposit into an escrow account sufficient monies as determined by the City Engineer to re-construct the fences in their proper location.

#37 The disclosure statement for this subdivision shall include language indicating to the
buyers of lots abutting the access easement referred to in condition #36 of the need to have their side and rear yard fences moved at the time the easement is vacated. 

Approval of Ordinance 725 will enable the applicant to proceed with a final map and improvement plans for this subdivision. 

Ordinance No 725 and the Amended Zoning Ordinance Section No. 17.476.067 as Attachment "A" to the ordinance. 



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:

CHAPTER 17.485
PD-35 (Planned Development Thirty-five) Zone


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


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.


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.


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.


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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