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CITY COUNCIL AGENDA ITEM NO. 21



Meeting Date: July 22, 2003

Subject/Title: Public Hearing: An Amendment to the PD-11 Zone creating development standards for an approximate 5-acre subdivision known as Harbor Heights, located generally 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
Introduce and waive the first reading of an Ordinance approving the Amendment to PD-11 with the adoption of specific development standards for the project site, and approving the Mitigated Negative Declaration for the project.

PREVIOUS ACTION
The Planning Commission previously approved a tentative subdivision map and design review application for 66 townhouse units referred to as the OSPRA development, on November 6, 1991. This Amendment to PD-11 was originally scheduled for the July 8, 2003, City Council meeting, but was continued to the July 22, 2003, meeting at the applicant’s request.

BACKGROUND
On two separate occasions the RGMP/Housing Subcommittee reviewed several development options for the site and ultimately favored the proposal before the Council tonight. The subcommittee felt the proposed internal circulation pattern was workable and the project design was more conducive for its location between existing commercial uses on the west and the existing apartments on the east. The subcommittee was unanimous in its support of the project, which will provide sales housing in an area of apartment concentration.

At its meeting of June 17, 2003, the Planning Commission considered this request to amend the PD-11 Zone by creating development standards for an approximate 5-acre site, and a vesting tentative subdivision map (VTSM 8735) subdividing the site into 66 single-family residential lots. At that meeting, the Commission passed Resolution No. 03-40 on a 3-1 vote (Commissioner Schults voted no) recommending that the City Council approve the Amendment to PD-11 and the Mitigated Negative Declaration prepared for the project.

The development standards for the proposed subdivision, as recommended by the Planning Commission, are as follows:

• Minimum Lot Area: 1,885 square feet
• Minimum Lot Width: 28 feet
• Minimum Lot Depth: 67 feet
• Minimum Front Yard: 9 feet for living space and 3 feet for porches
• Minimum Side Yard: 3 feet, except that corner lots on the street side shall maintain a minimum side yard setback of 5 feet to living space and porches
• Minimum Rear Yard: 5 feet for garages
• Maximum Building Height: 2 stories and 35 feet
• Maximum Lot Coverage: 60%

Based on the Initial Study prepared for this project, a Mitigated Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). A copy of this document is available for the Council's review in the City Clerk's reading file as well as in the Community Development Department. The applicant, KB Home South Bay Inc., would like to receive approval of the Amendment to PD-11 and development standards in order to move forward with its residential development plans.

The General Plan designates the project site for High Density Residential development, with a mid-range of 15.5 dwelling units per acre. The applicant is proposing a density below the mid-range, at 12.7 dwelling units per acre. The development standards recommended for approval by the Planning Commission are attached to Exhibit "A" of this report. These standards are in conformance with the General Plan. It should be noted that this new project creates sales housing in a high density area that allows apartments. This will serve to reduce the concentration of rental units in this area of the City.

Staff believes that the requested Amendment to PD-11 and development standards will allow the applicant to develop the site to its potential while maintaining consistency with the General Plan designation of the site and ensuring compatibility with existing and future land uses in the vicinity of the site. The Planning Commission and Staff believe that approval of the requested entitlements would serve to implement the goals and policies of the General Plan by facilitating development of the project site and will not adversely impact the development of adjacent parcels.

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

EXHIBITS
Ordinance
Planning Commission Conditionally Approved Tentative Map


ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO THE PD-11 ZONE BY CREATING DEVELOPMENT STANDARDS FOR AN APPROXIMATE 5-ACRE SUBDIVISION KNOWN AS HARBOR HEIGHTS, INCLUDING THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT, LOCATED GENERALLY BETWEEN SYCAMORE AVENUE AND SPRUCE STREET, EAST OF BRENTWOOD BOULEVARD (APN 013-030-010).

WHEREAS, KB Home South Bay Inc. has requested that the City approve an amendment to PD-11 by adding development standards for the project site located generally between Sycamore Avenue and Spruce Street, east of Brentwood Boulevard; and

WHEREAS, specific development plans for a 66-lot single-family residential subdivision have been concurrently submitted; and have been conditionally approved by the Planning Commission.

WHEREAS, the proposed project information was referred to various public utility companies, public districts, and pertinent departments for review and recommendations; 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 began on April 16, 2003, and ended on May 6, 2003, and no comments were received during the review period; and

WHEREAS, on June 17, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 03-40, which recommended approval of the amendment and specific development standards; 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 April 11, 2003, and again on June 27, 2003, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed amendment and specific development standards on July 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 amendment 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. 8735 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 General Plan, including all relevant elements thereof; 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 and 2001 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 and 2001 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 existing development standards for PD-11, Chapter 17.461, are hereby rescinded.

Section 2.

A new Chapter 17.461 is hereby adopted for the purpose of regulating certain real property, known as PD-11, and establishing development standards for the Harbor Heights project, as shown on Attachment "A" attached hereto and 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 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 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 22nd day of July 2003, and was adopted at a regular meeting of the Brentwood City Council on the _ day of _ 2003, by the following vote:


Attachments:
Attachment "A" - PD-11 development standards


ATTACHMENT “A” TO
CITY COUNCIL ORDINANCE NO.


CHAPTER 17.461
PD-11 (PLANNED DEVELOPMENT NO. 11) ZONE

HARBOR HEIGHTS


17.461.001 AUTHORITY, PURPOSE AND INTENT
17.461.002 PERMITTED USES
17.461.003 CONDITIONALLY PERMITTED USES
17.461.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS
17.461.005 OTHER REGULATIONS


17.461.001 AUTHORITY, PURPOSE AND INTENT

The authority, purpose and intent for the adoption of the PD-11 (Planned Development No. 11) Zone, as shown on Attachment “A”, are as follows:

A. Authority: The PD-11 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-11 Zone is to permit and regulate the orderly development of 5.18 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 66 lots.

C. Intent: The intent of creating the PD-11 Zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent areas, while providing for needed housing.

17.461.002 PERMITTED USES:

The following uses are permitted in the PD-11 Zone:

A. Single-family dwelling units not exceeding a density of 12.7 units per gross acre for a maximum of 66 units;

B. Parks, playgrounds, and recreational trails; and

C. Those uses permitted under the R-1 Zone, Section 17.130.002 of the zoning ordinance.



17.461.003 CONDITIONALLY PERMITTED USES:

The following uses are conditionally permitted in the PD-11 Zone:

A. Those uses conditionally permitted under the R-1 Zone, Section 17.130.003 of the zoning ordinance.

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

All permitted and conditionally permitted uses developed within the PD-11 Zone shall comply with the following regulations:

A. Minimum Lot Area: One thousand eight hundred eighty-five (1,885) square feet.

B. Minimum Lot Width: Twenty-eight (28) feet.

C. Minimum Lot Depth: Sixty-seven (67) feet.

D. Minimum Front Yard Setback: Nine (9) feet for living space and three (3) feet for porches.

E. Minimum Side Yard Setback: Three (3) feet; except that corner lots on the street side shall maintain a minimum side yard setback of five (5) feet to living space and porches.

F. Minimum Rear Yard Setback: Five (5) feet for garages.

G. Maximum Building Height: Two (2) stories and thirty-five (35) feet.

H. Maximum Lot Coverage: 60%.

I. Maximum Number of Units: Sixty-six (66).

17.461.005 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, with the exception that no feature may project into the minimum front yard setback.

F. The development of the PD-11 Zone shall be substantially in accordance with the approved Development Plan. Variations in the Development Plan, including street and lot pattern, may be approved through the subdivision map process.

 

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