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 CITY COUNCIL AGENDA ITEM NO. 18



Meeting Date: December 10, 2002

Subject/Title: Second reading and adoption of Ordinance No. 731 approving the Rezone (RZ 02-04) of approximately 5.81 acres from R-3 to PD-61 with the adoption of specific development standards for the project site, located between Sycamore Avenue and Spruce Street, east of Brentwood Boulevard

Submitted by: Community Development: M. Oshinsky/E. Nolthenius

Approved by: John Stevenson, City Manager



RECOMMENDATION
Waive the second reading and adopt Ordinance No. 731.

PREVIOUS ACTION
At its meeting on November 26, 2002, the City Council waived the first reading and introduced Ordinance No. 731, which approves a Rezone (RZ 02-04) of approximately 5.81 acres from R-3 to PD-61 with the adoption of specific development standards for the project site, located between Sycamore Avenue and Spruce Street, east of Brentwood Boulevard.

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a 53-lot subdivision.

FISCAL IMPACT
This project will pay all required City infrastructure and processing fees.

EXHIBIT
Ordinance

















ORDINANCE NO. 731

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE REZONE (RZ 02-04) OF APPROXIMATELY 5.81 ACRES FROM R-3 TO PD-61 WITH THE ADOPTION OF SPECIFIC DEVELOPMENT STANDARDS FOR THE PROJECT SITE, LOCATED GENERALLY BETWEEN SYCAMORE AVENUE AND SPRUCE STREET, EAST OF BRENTWOOD BOULEVARD (APN 013-030-015).

WHEREAS, DeNova Homes, Inc. has requested that the City approve a rezone from R-3 to PD-61 with the adoption of specific development standards to accommodate the development of Vesting Tentative Subdivision Map No. 8574, located generally between Sycamore Avenue and Spruce Street, east of Brentwood Boulevard; and

WHEREAS, on October 29, 2002, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 02-62, which recommended approval of the rezone and specific development standards; and

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

WHEREAS, the Mitigated 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, the availability of said environmental document for the minimum 20-day public review and comment period was begun on August 2, 2002, and ended on August 22, 2002, and no comments were received during the review period; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Ledger-Dispatch on August 2, 2002, and again on November 15, 2002, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed rezone and specific development standards on November 26, 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 the requests; 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 Planning Commission recommendation, the presentation by City Staff, the staff report, and all other pertinent goals, policies, regulations, and documents regarding the proposed rezone and specific development standards; 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:

1. Specific development standards for the uses permitted under the General Plan and the approved Vesting Tentative Subdivision Map No. 8574 have been established; and

2. The development standards will result in development that is consistent and compatible with surrounding uses; and

3. The level of traffic to be generated can be accommodated by the public circulation system, both existing and planned; and

4. The project will 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); and

5. 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 zone or combination of zones; and

6. The proposed Planned Development Zone is on property which has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any traffic generated by the development; and

7. 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

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

9. 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 thereof, and with any applicable Specific Plan adopted by the City; and

10. 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; and

11. Pursuant to Sections 15162 and 15168(c) 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. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on 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 to supplement and strengthen the Program EIR 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 are adequate for all approvals relating to the project; and

12. The City Council further finds that no significant new information within the meaning of Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City that would necessitate re-circulation of the Mitigated Negative Declaration for public review. 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, BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:

Section 1.

The project site, as shown on Attachment "A" to this Ordinance, is hereby rezoned from R-3 to PD-61 for single-family residential development.

Section 2.

Chapter 17.516 is hereby added to the Brentwood Municipal Code for the purpose of regulating certain real property and establishing development standards for PD-61.

Section 3.

Chapter 17.516 is hereby known as Planned Development No. 61 Zone.

Section 4.

Development standards for PD-61 are hereby included as shown in Attachment "B" 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 a summary of the Ordinance prepared by the City Attorney in the Ledger-Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.
B. This Ordinance shall go into effect 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 26th day of November 2002, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 10th day of December 2002, by the following vote:

Attachments:
Attachment "A" - PD-61 development standards
Attachment "B" - PD-61 Zone

ATTACHMENT "A" TO
CITY COUNCIL ORDINANCE NO. 731
DEVELOPMENT STANDARDS FOR
TENTATIVE SUBDIVISION MAP NO. 8574



CHAPTER 17.516
PD-61 (PLANNED DEVELOPMENT NO. 61) ZONE

SYCAMORE SQUARE

DENOVA HOMES, INC. (TSM 8574)

17.516.01 AUTHORITY, PURPOSE, AND INTENT
17.516.02 PERMITTED USES FOR EACH SUBAREA
17.516.03 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA
17.516.04 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A
17.516.05 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B
17.516.06 OTHER REGULATIONS

17.516.001 AUTHORITY, PURPOSE, AND INTENT:

The authority, purpose, and intent for the adoption of the PD-61 (Planned Development No. 61) Zone, as shown on Attachment "A", are as follows:

A. Authority: The PD-61 Zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. Purpose: The purpose of the PD-61 Zone is to permit and regulate the orderly development of 5.81 acres located generally between Sycamore Avenue and Spruce Street, east of Brentwood Boulevard, with high density residential uses in accordance with the Brentwood General Plan, for a maximum of 53 lots. The area is divided into two (2) sub areas as shown on Attachment "A".

C. Intent: The intent of creating the PD-61 Zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties.

17.516.002 PERMITTED USES FOR EACH SUBAREA:

SUBAREA A:

A. Single-family dwelling units not exceeding a density of fifteen and a half (15.5) dwelling units per gross acre
B. Recreational trails
C. Rooming and boarding subject to Section 17.650.003
D. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit subject to Chapter 17.850
E. Home occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840
F. The keeping of domestic animals or pets subject to Chapter 17.670

SUBAREA B:

A. Single-family dwelling units not exceeding a density of fifteen and a half (15.5) dwelling units per gross acre
B. Parks, playgrounds, and recreational trails
C. Rooming and boarding subject to Section 17.650.003
D. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit subject to Chapter 17.850
E. Home occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840
F. The keeping of domestic animals or pets subject to Chapter 17.670

17.516.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA:

SUBAREA A:

A. Conditionally permitted uses are those uses identified in Section 17.130.003 of the Zoning Ordinance, which are subject to the granting of a conditional use permit by the City
B. Nursery, childcare, or day care center

SUBAREA B:

A. Conditionally permitted uses are those uses identified in Section 17.130.003 of the Zoning Ordinance, which are subject to the granting of a conditional use permit by the City
B. Nursery, childcare, or day care center

17.516.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A:

A. Minimum Lot Area: 4,800 square feet
B. Minimum Lot Width: 60 feet
C. Minimum Lot Depth: 80 feet
D. Minimum Front Yard Setback: 10 feet for turned garages
E. Minimum Side Yard Setback: 7 feet, with an aggregate of 15 feet (corner lots on the street side shall maintain a side yard setback of 10 feet)
F. Minimum Rear Yard Setback: 20 feet
H. Maximum Building Height: 31 feet and two stories
I. Maximum Lot Coverage: 40% for all units
J. Maximum Number of Units: 9


17.516.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B:

A. Minimum Lot Area: 2,370 square feet
B. Minimum Lot Width: 30 feet
C. Minimum Lot Depth: 79 feet
D. Minimum Front Yard Setback: 13 feet for living space and 5 feet for porches
E. Minimum Side Yard Setback: 5 feet (corner lots on the street side shall maintain a side yard setback of 10 feet to living space and 5 feet to porches)
F. Minimum Rear Yard Setback: 6 feet for garages
K. Maximum Building Height: 35 feet and three stories
L. Maximum Lot Coverage: 50% for all units
M. Maximum Number of Units: 44

17.516.006 OTHER REGULATIONS:

A. Design and Site Development Review shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004.H
B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004.H
C. The parking and storage of boats, trailers, and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016
D. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660
E. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660, with the exception that no feature may project into the minimum front yard setback
F. The development of this zone shall be substantially in accordance with the Development Plan. Variations in the Development Plan including street and lot patterns may be approved through the subdivision map process


City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov