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Meeting Date: May 27, 2003

Subject/Title: Public Hearing—An Amendment to PD-20 Creating Subarea ‘B’ and Establishing Development Standards for this new subarea to accommodate a 123 bed Assisted Living and Alzheimer facility on a 4.5 +/- acre site.

Submitted by: Community Development (M. Oshinsky/M.Leana)

Approved by: John Stevenson, City Manager

Introduce and Waive the first reading of an Ordinance amending PD-20 by adding subarea ‘B’ and establishing development standards to accommodate an assisted living and Alzheimer facility.

PD-20 (previously known as the Spanos project, now known as the Suncal project) was prezoned for a mix of residential, commercial and planned employment center land uses when the property was annexed back in the early 1990’s. At that time, specific development standards were approved for the residential portion of the zoning district, but not for the non-residential portion.

Subsequent actions of the City Council split off 57+ acres for the John Muir/Mt. Diablo Health Facilities into a new PD zone (PD-49) with its own specific development standards, and also established subarea ‘A’ of PD-20 with specific development standards for the new Arco gas station at Balfour Rd. and John Muir Parkway.

At its meeting on May 6, 2003, by passing Resolution No. 03-30 the Planning Commission unanimously approved CUP 02-04 for the construction of a 123 bed Assisted Living/Alzheimer Facility to be developed in two phases, and recommended the adoption of this ordinance to accommodate the proposed project.

Since the type of “permitted” and “conditionally permitted” uses were previously adopted for PD-20, only specific development standards must be adopted for this new subarea to accommodate the assisted living/Alzheimer facility. The proposed development standards in this ordinance were formulated based upon the approved design of the new facility.

No adverse fiscal impacts are anticipated as a result of this facility, and it will provide a needed service to our growing community.

Ordinance amending PD-20 with proposed development standards.
Map of PD-20
Mitigated Negative Declaration is available for review in the Community Development Department



WHEREAS, Country Oak Properties has requested that the City approve an amendment to PD-20 by adding development standards for the project site located at the northwest corner of Concord Avenue and Ventura Drive; and

WHEREAS, on May 6, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments, and adopted Resolution No. 03-30 which recommends the approval of the amendment to PD-20 establishing Subarea ‘B’ and adding development standards for the project site; and

WHEREAS, specific development plans for an assisted living/Alzheimer facility have been concurrently processed and were approved by the Planning Commission on May 6, 2003, with the adoption of Resolution 03-30; and

WHEREAS, an Initial Study and Negative Declaration have been 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 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 to 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 28, 2003, and ended on April 16, 2003; and

WHEREAS, the Planning Commission of the City of Brentwood has considered the amendment to PD-20 and the Mitigated Negative Declaration; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on March 28, 2003, and mailed to all property owners of record within 300 feet of the project site in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed amendment on May 27, 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 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 Planning Commission recommendation, 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 amendment; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.870.008 of the City Zoning Ordinance:

1. The site is physically suitable for the type and the density of development proposed.

2. The proposed amendment to PD-20 is consistent with the City's Zoning Ordinance.

3. The proposed amendment to PD-20 is consistent and compatible with other goals, policies, and implementation programs set forth in the General Plan.

4. The development of the project site, 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 is consistent with the general intent and spirit of the Zoning Ordinance and with the City's General Plan, including all relevant elements thereof.

5. The proposed amendment to PD-20 has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

6. Pursuant to Section 15168 ( c ) and 15162 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 and 2001 City of Brentwood General Plan. The Initial Study has further evaluated potential project specific impacts to the environment. Based upon this evidence and the Mitigated Negative Declaration, the City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR and the project specific additional mitigation measures. Therefore, since the mitigation measures are incorporated as conditions of the project approval, the Mitigated Negative Declaration as well as the Program EIR for the 1993 and 2001 General Plan are adequate for approval of the project.

7. 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 which would necessitate recirculation of the Mitigated Negative Declaration for further public review.
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, and the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:

Section 1.

A. Approves the Mitigated Negative Declaration prepared for the project.

B. Directs Staff to file the Notice of Determination with the County Clerk.

Section 2.

Approves the amendment to PD-20, by adding Subarea ‘B’, for the area shown on the map attached as Exhibit A and adopts development standards for this area as reflected in Exhibit B attached hereto and made a part of this Ordinance.

Section 3.

Chapter 17.470 of the Zoning Ordinance is hereby amended for the purpose of regulating certain real property and establishing development standards for Subarea ‘B’, as shown on Exhibit A attached hereto and made a part of this Ordinance.

Section 4.

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 5.

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 27th day of May, 2003, and adopted at a regular meeting of the Brentwood City Council on the ____ day of ________________, by the following vote:

Exhibit A – Vicinity Map
Exhibit B – Development Standards



Minimum Lot Area: One (1) acre, except that a master planned development may be subdivided into smaller parcels eith the approval of the Planning Commission.

Minimum Street Frontage: One hundred (100) feet, except in the event of a subdivision pursuant to the subsection above, no minimum frontage is required provided a reciprocal access easement is recorded between or among adjacent parcels within a master plan.

Minimum Building Setback Requirements: Fifteen (15) feet on all sides unless more is required to mitigate any potential noise impacts.

Minimum Building Height: Two (2) stories, not to exceed thirty-five (35) feet.

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