CITY COUNCIL AGENDA ITEM
Meeting Date: August 12, 2003
Subject/Title: Second reading and adoption of Ordinance No. 752 approving an
Amendment to the PD-11 Zone by 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 (APN
Submitted by: Community Development: M. Oshinsky/E. Nolthenius
Approved by: John Stevenson, City Manager
Waive the second reading and adopt Ordinance No. 752.
At its meeting on July 22, 2003, the City Council waived the first reading
and introduced Ordinance No. 752, which approves an Amendment to the PD-11
Zone by 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.
Adoption of this ordinance will enable the project site to be developed with
a 66-lot subdivision.
This project will pay all required City infrastructure and processing fees.
ORDINANCE NO. 752
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
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;
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
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
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;
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:
New development standards for the project site, as shown on Attachment "B"
to this Ordinance, are hereby adopted.
Existing Chapter 17.461 is hereby replaced for the purpose of regulating
certain real property and establishing new development standards for the
Harbor Heights project, as shown on Attachment "A" attached hereto and made
a part of this Ordinance.
Chapter 17.461 is hereby known as Planned Development No. 11 Zone.
New regulations for PD-11 are hereby included as shown in Attachment "A"
attached hereto and made a part of this Ordinance.
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;
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.
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
12th day of August 2003, by the following vote:
Attachment "A" - PD-11 development standards
Attachment "B" - PD-11 Zone
ATTACHMENT “A” TO
CITY COUNCIL ORDINANCE NO. 752
PD-11 (PLANNED DEVELOPMENT NO. 11) ZONE
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
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
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
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
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
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