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 CITY COUNCIL AGENDA ITEM NO. 08



Meeting Date: March 11, 2003

Subject/Title: Consent Calendar: Second Reading and adoption of Ordinance No. 738 amending Planned Development Zone No. 53 to add development standards for Planning Area A. This property is generally located south of the EBMUD right-of-way, east of the CCWD right-of-way, and west of the future extension of Shady Willow Lane.

Submitted by: Community Development Department (Oshinsky/Hill)

Approved by: John Stevenson, City Manager

______________________________________________________________________


RECOMMENDATION
Waive the second reading and adopt Ordinance No. 738 amending PD-53 by adding development standards for a 36.66 acre site (Subarea A).

BACKGROUND
At its meeting of February 25, 2003, the City Council introduced and waived the first reading of Ordinance No. 738. This Ordinance adoption will enable the developer to proceed to the improvement plan stage. 

FISCAL IMPACT
None. The adoption of development standards in itself will not create a fiscal impact.


Exhibits:
Ordinance No. 738

ATTACHMENT

ORDINANCE NO. 738

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING AMENDMENT TO PLANNED DEVELOPMENT 53 (PD-53) ADDING CHAPTER 17.518 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR PD-53 GENERALLY LOCATED SOUTH OF THE EBMUD RIGHT-OF-WAY, EAST OF THE CCWD RIGHT-OF-WAY, NORTH OF THE FUTURE EXTENSION OF EMPIRE AVENUE AND WEST OF THE FUTURE EXTENSION OF SHADY WILLOW LANE. (APN 019-091-001 AND 019-091-002). 

WHEREAS, the applicant, Western Pacific Housing, has submitted an application for a zoning amendment to Planned Development 53 for Subarea A, an approximate 36.66 acre site, in order to establish development standards to implement a development plan; and 

WHEREAS, the applicant has concurrently filed a Tentative Subdivision Map (TSM 8601) to subdivide the property into 200 lots and a Design Review (DR 02-26) for the homes for these lots; and

WHEREAS, this project was reviewed by the RGMP/Housing Subcommittee on August 1 and October 24, 2002, and was determined to be exempt from the RGMP process due to its location within the northwest quadrant of the City; and

WHEREAS, on February 4, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 02-86 which recommended the approval of the zoning amendment and associated development standards for Planned Development No. 53; 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 Brentwood Press on December 6, 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 February 25, 2003, 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 17.450.007 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. 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.

6. That the PD designation for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties.

7. 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.

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.

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

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

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

Section 2. 

A. Approves the zoning amendment establishing development standards for Subarea A of PD-53 as shown on the attached map identified as Exhibit “A”.

B. Adds Chapter 17.518 to the Brentwood Municipal Code providing development standards for PD-53 Subarea A 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 Brentwood Press 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 25th day of February, 2003, and adopted at a regular meeting of Brentwood City Council on the 11th day of March, 2003, by the following vote:



EXHIBIT A
CITY COUNCIL ORDINANCE 738

EXHIBIT B
CITY COUNCIL ORDINANCE 738


______________________________________________________________________
PD-53 (PLANNED DEVELOPMENT 53) 
DEVELOPMENT STANDARDS

BRIGHTON STATION (WESTERN PACIFIC HOUSING)


17.518.001 AUTHORITY AND PURPOSE 
17.518.002 PERMITTED USES (SUBAREA A)
17.518.003 CONDITIONALLY PERMITTED USES (SUBAREA A)
17.518.004 REGULATIONS FOR LOT AREA, DENSITY YARDS, HEIGHT AND RELATED MATTERS (SUBAREA A)
17.518.005 OTHER REGULATIONS (SUBAREA A)


17.518.001 AUTHORITY AND PURPOSE:

The authority, purpose and intent for the adoption of the PD-53 (Planned Development 53) zone are as follows:

A. Authority: PD-53 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-53 zone is to permit and regulate the orderly development of job-generating uses with complementary medium, high-, or very-high density residential uses of up to 475 dwelling units.

17.518.002 PERMITTED USES (SUBAREA A):

Permitted uses in the PD-53 zone are those permitted under R-1 (Single Family Residential) zone, Section 17.130.002 of the Zoning Ordinance.

17.518.003 CONDITIONALLY PERMITTED USES (SUBAREA A):

Conditionally permitted 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.

17.518.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS (SUBAREA A):

The following regulations shall apply to the Planned Development zone:

A. Minimum Lot Area: 4,000 square feet

B. Minimum Lot Width: Fifty (50) feet

C. Minimum Lot Depth: Eighty (80) feet

D. Minimum Lot Frontage: One-half (1/2) the required lot width

E. Minimum Front Yard: Twenty (20) feet to the garage, 
Ten (10) feet to any primary building wall

F. Minimum Side Yard: Five (5) feet. All corner lots shall
maintain a minimum side yard on the street of ten (10) feet.

G. Minimum Rear Yard: Fifteen (15) feet

H. Maximum Building Height: Two (2) stories not to exceed
Thirty-two (32) feet.

I. Maximum Lot Coverage: Fifty (50) percent

17.518.005 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.


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