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CITY COUNCIL AGENDA ITEM NO. 21

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

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 757.

PREVIOUS ACTION
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.

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a 177-lot subdivision.

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

EXHIBIT
Ordinance

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; 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. 8534 have been established; and

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; 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 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:

Section 1.

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.

Section 2.

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.

Section 3.

Chapter 17.496 is hereby known as Planned Development No. 45 Zone.

Section 4.

Development standards for PD-45 are hereby included as shown in Attachment "B" 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 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:

Attachments:
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

CHAPTER 17.496
PD-45 (PLANNED DEVELOPMENT NO. 45) ZONE

CEDARWOOD

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 MATTERS
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 ordinance;
D. A residential group home on Parcel ‘C’ of TSM 8534 for up to 18 women and children; 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 MATTERS:

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 homes.

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 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. 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.

 

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