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CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: May 13, 2003

Subject/Title: Second reading and adoption of Ordinance No. 742 approving the Rezone (RZ 02-12) of approximately 9.26 acres from R-1-10 to PD-35 and amending Chapter 17.485 of the Brentwood Municipal Code by establishing development standards for Subarea 'H' (TSM 8663) of PD-35, located generally between Grant Street and Apricot Way, west of Fairview Avenue.

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 742.

PREVIOUS ACTION
At its meeting on April 22, 2003, the City Council waived the first reading and introduced Ordinance No. 742, which approves a Rezone (RZ 02-12) of approximately 9.26 acres from R-1-10 to PD-35 and amending Chapter 17.485 of the Brentwood Municipal Code by establishing development standards for Subarea 'H' (TSM 8663) of PD-35, located generally between Grant Street and Apricot Way, west of Fairview Avenue.

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a 59-lot subdivision.

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

EXHIBIT
Ordinance

ORDINANCE NO. 742

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE REZONE (RZ 02-12) OF APPROXIMATELY 9.26 ACRES FROM R-1-10 TO PD-35 AND AMENDING CHAPTER 17.485 OF THE BRENTWOOD MUNICIPAL CODE BY ESTABLISHING DEVELOPMENT STANDARDS FOR SUBAREA 'H' (TSM 8663) OF PD-35, LOCATED GENERALLY BETWEEN GRANT STREET AND APRICOT WAY, WEST OF FAIRVIEW AVENUE (APN'S 019-091-035 AND 036).

WHEREAS, Centex Homes of Northern California has requested that the City approve a rezone from R-1-10 to PD-35 with the adoption of specific development standards to accommodate the development of Tentative Subdivision Map No. 8663, located generally between Grant Street and Apricot Way, west of Fairview Avenue; and

WHEREAS, on April 1, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 03-15, 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 March 7, 2003, and ended on March 26, 2003, 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 March 7, 2003, and again on April 12, 2003, 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 April 22, 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 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 Tentative Subdivision Map No. 8663 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 approximate 9.26-acre site, as shown on Attachment "A" to this Ordinance, is hereby rezoned from R-1-10 to PD-35 for single-family residential development.

Section 2.

Chapter 17.485 has hereby been amended to include Subarea "H" for the purpose of regulating certain real property and establishing development standards for TSM 8663, as shown on Attachment "B" to this Ordinance.

Section 3.

Chapter 17.485 is hereby known as the Planned Development No. 35 Zone.

Section 4.

Development standards for Subarea "H" of PD-35 are hereby included as shown in Attachment "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 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 22nd day of April 2003, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 13th day of May 2003, by the following vote:

Attachments:
Attachment "A" - Rezone area
Attachment "B" - PD-35 subarea map
Attachment "C" - Development standards for Subarea "H" of PD-35

ATTACHMENT "C" TO
CITY COUNCIL ORDINANCE NO. 742
DEVELOPMENT STANDARDS FOR
TENTATIVE SUBDIVISION MAP NO. 8663

CHAPTER 17.485
PD-35 (PLANNED DEVELOPMENT NO. 35) ZONE
SUB AREA "H"

MONTELENA II

CENTEX HOMES OF NORTHERN CALIFORNIA (TSM 8663)

17.485.040 AUTHORITY, PURPOSE, AND INTENT
17.485.041 PERMITTED USES
17.485.042 CONDITIONALLY PERMITTED USES
17.485.043 GENERAL DEVELOPMENT STANDARDS

17.485.040 AUTHORITY, PURPOSE, AND INTENT:

The authority, purpose, and intent for the adoption of the PD-35 (Planned Development No. 35) Sub Area "H" Zone, as shown on Attachment "A", are as follows:

A. Authority: The PD-35 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-35 Sub Area "H" Zone is to permit and regulate the orderly development of 18.53 acres located between Grant Street and Apricot Way, west of Fairview Avenue, with low density residential uses in accordance with the Brentwood General Plan.

C. Intent: The intent of creating the PD-35 Sub Area "H" Zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties.

17.485.041 PERMITTED USES:

The following uses are permitted in the PD-35 Sub Area "H" Zone:

A. Those uses permitted under the R-1 Zone, Section 17.130.002.

17.485.042 CONDITIONALLY PERMITTED USES:

Upon obtaining a Conditional Use Permit pursuant to Chapter 17.830, the following uses are permitted:

A. Those uses permitted under the R-1 Zone, Section 17.130.003.
17.485.043 GENERAL DEVELOPMENT STANDARDS:

All permitted and conditionally permitted uses developed within the PD-35 Sub Area "H" Zone shall comply with the following regulations:

A. Minimum Lot Size: 8,000 square feet

B. Minimum Lot Width: 65 feet (the width of all lots shall be measured 30 feet from the front property line)

C. Minimum Lot Depth: 100 feet

D. Minimum Lot Frontage: 1/2 the required lot width

E. Minimum Front Yard Setback: 20 feet to the garage, 15 feet to any primary building wall

F. Minimum Side Yard Setback: 5 feet with an aggregate of 15 feet (10 feet on the street side of corner lots), and a minimum of 15 feet between houses

G. Minimum Rear Yard Setback: 20 feet

H. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660

I. Maximum Building Height: 30 feet and 2 stories

J. A minimum of 25% of the lots shall have single-story units

K. Side Loading Garage: 10% of the lots shall have side-loading garages

L. 50% of the corner lots shall have single-story units

M. Maximum Lot Coverage: 40%

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