CITY COUNCIL AGENDA ITEM
Meeting Date: August 26, 2003
Subject/Title: Second reading and adoption of Ordinance No. 757 approving an
Amendment to the PD-45 Zone by creating development standards for an
approximate 54-acre subdivision known as Cedarwood, located on the north
side of Sycamore Avenue, on either side of the future Garin Parkway
extension (APN’s 016-190-006 and 007)
Submitted by: Community Development: M. Oshinsky/E. Nolthenius
Approved by: John Stevenson, City Manager
Waive the second reading and adopt Ordinance No. 757.
At its meeting on August 12, 2003, the City Council waived the first reading
and introduced Ordinance No. 757, which approves an Amendment to the PD-45
Zone by creating development standards for an approximate 54-acre
subdivision known as Cedarwood, located on the north side of Sycamore
Avenue, on either side of the future Garin Parkway extension.
Adoption of this ordinance will enable the project site to be developed with
a 177-lot subdivision.
This project will pay all required City infrastructure and processing fees.
ORDINANCE NO. 757
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN
AMENDMENT TO PD-45 BY ESTABLISHING DEVELOPMENT STANDARDS FOR AN APPROXIMATE
54.69-ACRE SITE, LOCATED ON THE NORTH SIDE OF SYCAMORE AVENUE, ON EITHER
SIDE OF THE FUTURE GARIN PARKWAY EXTENSION (APN'S 016-190-006 AND 007).
WHEREAS, Signature Properties has requested that the City approve an
amendment to PD-45 with the adoption of specific development standards to
accommodate the development of Tentative Subdivision Map No. 8534, located
on the north side of Sycamore Avenue, on either side of the future Garin
Parkway extension; and
WHEREAS, on July 1, 2003, the Planning Commission conducted a duly noticed
public hearing, considered public comments, and passed Resolution No. 03-45,
which recommended approval of the amendment to PD-45 and specific
development standards; and
WHEREAS, an Initial Study, Mitigated Negative Declaration and supplement
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 May 9, 2003, and ended
on May 28, 2003; 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 May 9, 2003, and again on July 11, 2003, in accordance
with City policies and Government Code Section 65090; and
WHEREAS, the City Council held a public hearing on the proposed amendment to
PD-45 and specific development standards on July 22, 2003, and again on
August 12, 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 request; 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;
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. 8534 have been
2. The development standards will result in development that is consistent
and compatible with surrounding uses, in that the design of the project and
the conditions of approval for the project, including all mitigation
measures, will reduce impacts on surrounding property owners to less than
significant levels; and
3. The project will generate a level of traffic that can be accommodated by
the public circulation system, existing or planned, in that the Mitigated
Negative Declaration and supplement analyze all potential impacts related to
transportation and circulation and includes mitigation measures to reduce
all potentially significant impacts to less than significant levels; 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, in that the 54.69-acre project has been
designed as a coordinated development known as Cedarwood; 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, in that Sycamore
Avenue is a minor arterial that bounds the south side of the project, and
Garin Parkway is a minor arterial that bisects the project, and that the
project includes a traffic study and supplemental traffic analysis
(including an analysis of a residential group home) that are incorporated
into the Mitigated Negative Declaration, which further analyzes all
potential impacts related to transportation and circulation and includes
mitigation measures to reduce all potentially significant impacts to less
than significant levels; 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 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 and supplement 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 and supplement, 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:
The project site, as shown on Attachment "A" to this Ordinance, is hereby
designated as the PD-45 Zone in accordance with the General Plan.
Chapter 17.496 has hereby been amended for the purpose of regulating certain
real property and establishing development standards for TSM 8534, also
known as Cedarwood.
Chapter 17.496 is hereby known as Planned Development No. 45 Zone.
Development standards for PD-45 are hereby included as shown in Attachment
"B" 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 12th day of August
2003, and was adopted at a regular meeting of the Brentwood City Council on
the 26th day of August 2003, by the following vote:
Attachment "A" – Map of PD-45
Attachment "B" – Development standards for PD-45
ATTACHMENT "B" TO
CITY COUNCIL ORDINANCE NO. 757
DEVELOPMENT STANDARDS FOR PD-45
PD-45 (PLANNED DEVELOPMENT NO. 45) ZONE
17.496.001 AUTHORITY, PURPOSE AND INTENT
17.496.002 PERMITTED USES
17.496.003 CONDITIONALLY PERMITTED USES
17.496.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED
17.496.005 OTHER REGULATIONS
17.496.001 AUTHORITY, PURPOSE AND INTENT
The authority, purpose and intent for the adoption of the PD-45 (Planned
Development No. 45) Zone, as shown on Attachment “A”, are as follows:
A. Authority: The PD-45 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-45 Zone is to permit and regulate the
orderly development of 54.69 acres located on the north side of Sycamore
Avenue, on either side of the future Garin Parkway extension, with low
density residential uses in accordance with the Brentwood General Plan, for
a maximum of 177 lots and 5 remainder parcels, including two parks, a trail,
a residential group home, and an existing gas well.
C. Intent: The intent of creating the PD-45 Zone is to ensure the
coordinated development of the entire property in order to minimize impacts
on adjacent areas, while providing for needed housing.
17.496.002 PERMITTED USES:
The following uses are permitted in the PD-45 Zone:
A. Single-family dwelling units not exceeding a density of 3.2 units per
gross acre for a maximum of 177 units;
B. Parks, playgrounds, and recreational trails;
C. Those uses permitted under the R-1 Zone, Section 17.130.002 of the zoning
D. A residential group home on Parcel ‘C’ of TSM 8534 for up to 18 women and
E. An existing gas well site on Parcel ‘D’ of TSM 8534, to be developed at a
future date with single-family residential uses when the well is abandoned.
17.496.003 CONDITIONALLY PERMITTED USES:
The following uses are conditionally permitted in the PD-45 Zone:
A. Those uses conditionally permitted under the R-1 Zone, Section 17.130.003
of the zoning ordinance.
17.496.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT, AND RELATED
All permitted and conditionally permitted uses developed within the PD-45
Zone shall comply with the following regulations:
A. Minimum Lot Area: Seven thousand (7,000) square feet.
B. Minimum Lot Width: Sixty-five (65) feet at the mid-point.
C. Minimum Lot Depth: Eighty-five (85) feet.
D. Minimum Lot Frontage: Twenty-four (24) feet.
E. Minimum Front Yard Setback: Twenty (20) feet for front-loading garages,
with a five (5) foot architectural encroachment; fifteen (15) feet for
side-loading garages, with a five (5) foot architectural encroachment.
F. Minimum Side Yard Setback: Five (5) feet, with an aggregate of fifteen
(15) feet; except that corner lots on the street side shall maintain a
minimum side yard setback of ten (10) feet.
G. Minimum Rear Yard Setback: Twenty (20) feet.
H. Maximum Building Height: Two (2) stories and thirty (30) feet.
I. Maximum Lot Coverage: 40% for two-story homes and 45% for single-story
J. Maximum Number of Dwelling Units: One hundred seventy-seven (177), plus a
residential group home for up to eighteen (18) women and children.
17.496.005 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. A residential group home for women and children who are in need of
housing and related services shall be provided on Parcel ‘C’ of TSM 8534.
The home shall accommodate and be a full-time residence for up to 18 women
and children. The home shall include approximately 9 bedrooms, staff offices
and overnight accommodations, counseling rooms, and family areas. The home
shall be operated primarily as a battered women’s shelter and is operated
for the benefit of Brentwood residents and their children.