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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: April 8, 2003

Subject/Title: Consent Calendar: Second Reading and adoption of Ordinance No. 739 rezoning an approximately 14.7 acre site from R-2 and R-3 to PD-63 and establishing development standards for Planned Development Zone No. 63 for property generally located south of Lone Tree Way and east of Shady Willow Lane (APNs 019-040-036, -037, and -038).

Submitted by: Community Development Department (Oshinsky/Hill)

Approved by: John Stevenson, City Manager

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 739 to rezone a 14.7 acre site from R-2 and R-3 (Moderate and High Density Multi-Family Residential) to PD-63 (Planned Development 63) and add development standards for PD-63.

BACKGROUND
At its meeting of March 25, 2003, the City Council introduced and waived the first reading of Ordinance No. 739. This Ordinance adoption will enable the developer to proceed to the improvement plan stage.

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

Exhibits:
Ordinance No. 739

ATTACHMENT

ORDINANCE NO. 739

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE 02-02 OF A 14.7 ACRE SITE FROM R-2 AND R-3 (MODERATE AND HIGH DENSITY MULTI-FAMILY RESIDENTIAL) TO PLANNED DEVELOPMENT ZONE 63 (PD-63) AND ADDING SECTION 17.519 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR PD-63 GENERALLY LOCATED SOUTH OF LONE TREE WAY AND EAST OF SHADY WILLOW LANE (APNs 019-040-036, –037, AND -038).

WHEREAS, the applicant, Affordable Housing Development Corporation, has submitted a rezoning application to rezone an approximately 14.7 acre site from R-2 and R-3 to PD-63 in order to implement a development plan; and

WHEREAS, the applicant has concurrently filed a Design Review application (DR 02-11) to develop the property into a 178-unit apartment project which will provide 36 units at levels affordable to very-low income; and

WHEREAS, on March 10, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 03-09 which recommended the approval of the rezone and associated development standards for Planned Development No. 63; 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 Antioch Ledger Dispatch on February 7, 2003, 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 rezoning on March 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 zone change; 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 zone change; 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 rezoning is consistent with the existing City General Plan land use designation on the subject property.

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

4. The proposed rezone 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. 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.

8. The rezoning will provide standards resulting in development that is consistent and compatible with surrounding uses.

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.

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 rezoning of 14.7 acres from R-2 and R-3 (Moderate and High Density Multi-Family Residential) to PD-63 (Planned Development 63) for multi-family residential uses as reflected on Exhibit "A".

B. Directs staff to make the necessary change on the City's official zoning map.

C. Adds Chapter 17.519 to the Brentwood Municipal Code providing development standards for the new PD-63 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 25th day of March, 2003 and adopted at a regular meeting of Brentwood City Council on the 8th day of April, 2003, by the following vote:

EXHIBIT A
CITY COUNCIL ORDINANCE 739

EXHIBIT B
CITYCOUNCIL ORDINANCE 739

PD-63 (PLANNED DEVELOPMENT 63)
DEVELOPMENT STANDARDS

ARBOR RIDGE

17.519.001 AUTHORITY AND PURPOSE
17.519.002 PERMITTED USES
17.519.003 CONDITIONALLY PERMITTED USES
17.519.004 REGULATIONS FOR LOT AREA, DENSITY YARDS, HEIGHT AND RELATED MATTERS
17.519.005 OTHER REGULATIONS

17.519.001 AUTHORITY AND PURPOSE:

The authority, purpose and intent for the adoption of the PD-63 (Planned Development 63) zone are as follows:

A. Authority: PD-63 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-63 zone is to permit and regulate the orderly development of medium- to high- density residential uses of up to 178 dwelling units.

17.519.002 PERMITTED USES:

Permitted uses in the PD-63 zone are those permitted under R-2 (Moderate Density Multi-Family Residential) zone, Section 17.140.002 of the Zoning Ordinance.

17.519.003 CONDITIONALLY PERMITTED USES:

Conditionally permitted uses are those uses identified in Section 17.140.003 of the Zoning Ordinance, which are subject to the granting of a Conditional Use Permit by the City.

17.519.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS:

The following regulations shall apply to the Planned Development 63 zone:

A. Minimum Lot Area: Six Thousand (6,000) square
feet

B. Minimum Lot Width: Fifty (50) feet

C. Minimum Street Frontage Setback: Ten (10) feet

D. Minimum Rear Yard: Twenty (20) feet

E. Minimum Side Yard: Five (5) feet with an
aggregate of fifteen (15) feet

F. Allowable Dwelling Units per Bldg: The maximum number of
dwelling units within an
individual building shall not
exceed eight (8)

G. Maximum Lot Coverage: The main residential
buildings and all accessory
buildings shall not cover
more than forty (40) percent
of the lot area

H. Maximum Building Height: Two (2) story units not to
exceed thirty (30) feet. One
(1) story units not to exceed
twenty (20) feet

17.519.005 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.

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.
 

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