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CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: November 25, 2003

Subject/Title: A General Plan Amendment, Rezone, and Tentative Subdivision Map for a 3.35-acre residential site, located south of Lone Tree Way and west of the realigned Fairview Avenue

Submitted by: Community Development: M. Oshinsky/E. Nolthenius

Approved by: John Stevenson, City Manager

RECOMMENDATION
1. Pass a Resolution approving the Mitigated Negative Declaration, the General Plan Amendment, and the Tentative Subdivision Map.
2. Introduce and waive the first reading of an Ordinance approving the Rezone.

PREVIOUS ACTION
On October 22, 2002, the City Council approved an agreement for purchase of a fee parcel with Horace and Norrine Siino.

BACKGROUND
The City’s Housing Committee reviewed this project on July 31, 2003, in conjunction with the amendment to Tentative Subdivision Map (TSM) 8281 that was proposed by Warmington Homes. Two main issues were raised; the first relating to the presence of a flag lot, and the second relating to two areas where the General Plan’s density transition policy was applicable. The project has since been revised to eliminate the flag lot and to eliminate one of the density transition areas. The Committee was otherwise agreeable to moving the project forward, and with the changes that were made, staff scheduled it for consideration by the Planning Commission.

The Planning Commission unanimously recommended approval of General Plan Amendment (GPA) 03-02, Rezone (RZ) 03-09, and Tentative Subdivision Map (TSM) 8701 at its regular meeting of October 21, 2003, by passing Resolution No. 03-78.

The project site consists of four parcels totaling 3.35 acres. The site is bounded on the north and east by the realigned Fairview Avenue, on the south by two single-family residential parcels approximately one acre in size, and on the west by an approved subdivision for 133 lots known as Visions at Brentwood, to be developed by Warmington Homes. Existing structures on the site consist of a single-family residence at 2335 Fairview Avenue. The site has historically been used for agricultural purposes and, while it is not currently in agricultural production, it was most recently used as an orchard.

The project is exempt from the requirements of the Residential Growth Management Program (RGMP), as it is located within the Northwest Quadrant Exemption Area. The property owners provided approximately ¾ acre of their land for the City-initiated realignment of Fairview Avenue. The City entered into an agreement with the property owners to acquire the right-of-way necessary for the realignment. As part of that agreement, the City agreed to process the entitlements to subdivide the property, as proposed.

The General Plan designates the site Ranchette Estate with a mid-range of 0.5 dwelling units per acre. The applicant is proposing an overall density of 2.69 dwelling units per acre, which is well over the mid-range for Ranchette Estate (RE) development, but slightly below the mid-range for Low (L) Density Residential development (3.0 dwelling units per acre). As a result, this project includes a General Plan Amendment from RE to L and corresponding Rezone from R-1-E to R-1-8 to accommodate the proposed number and size of lots.

Based on the environmental 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 project site is located at the northern tip of a rectangular area that is designated for RE development. While the requested GPA would allow for a much greater density on the project site, it should be noted that only 5 additional homes will result, as there are already 4 parcels within the site. The requested land use designation would also be consistent with the designation of the subdivision directly to the west, which the project site is connected to from an access standpoint. Finally, the two proposed lots located along the southern boundary of the project site are consistent in size with regards to potential future lots directly to the south that are currently designated for RE development.

The project site is zoned R-1-E, consistent with the General Plan area referenced above. The rezone is being requested primarily because the majority of the proposed lots fall below the minimum size required under the R-1-E zoning (14,500 square feet). It should be noted, however, that the average lot size is approximately 13,738 square feet. The proposed lot sizes will be consistent with those previously approved for the subdivision directly to the west of the project site.

The subdivision will be accessed via the realigned Fairview Avenue and through the approved subdivision to the west. Internal access consists of a cul-de-sac in order to serve the proposed 9 lots.

The proposed lot sizes provide a mix that is consistent with the R-1-8 zoning requirements as well as with the previously approved subdivision directly to the west of the project site. The lots range in size from 8,140 (Lot 3) to 38,823 (Lot 9) square feet, with the average being approximately 13,738 square feet. Staff has reviewed the map with respect to the proposed land use designation and zoning classification, and has determined that it is consistent with both.

This project requires compliance with the City's density transition policy as outlined in the General Plan. This requires proposed lots facing or abutting existing residential lots of one acre or more to have a minimum area of 20,000 square feet. The policy was recently modified by the City Council to allow exceptions under certain circumstances after the adoption of specified findings. One of these circumstances is that the existing property has a land use and/or zoning designation that would enable the future subdivision of said property into lots of a size similar to those planned in the proposed subdivision.

The density transition area for the proposed subdivision is along its southeastern boundary, where one existing parcel approximately 1 acre in size abuts the subdivision. This parcel is also currently designated RE by the General Plan and is zoned R-1-E, with the zoning permitting a minimum lot size of 14,500 square feet. The lot in question (Lot 7) is 15,746 square feet, which is slightly larger than what the adjacent parcel could potentially be subdivided into. Staff has corresponded with the owner of the existing parcel, Mrs. Hardee, on a couple of different occasions, both by telephone and e-mail. According to Mrs. Hardee, she has no objection to approval of the project, as conditioned. Staff has included a finding in the attached resolution addressing the density transition issue.

FISCAL IMPACT
The project developer is required to pay all relevant fees as specified in the conditions of approval for the Tentative Subdivision Map. The project, once developed, would generate additional property tax for the City. The project will also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with the new neighborhood.

Attachments
Resolution
Ordinance

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A GENERAL PLAN AMENDMENT (GPA 03-02) FROM RANCHETTE ESTATE RESIDENTIAL TO LOW DENSITY RESIDENTIAL AND A TENTATIVE SUBDIVISION MAP (TSM 8701) TO SUBDIVIDE A 3.35-ACRE SITE INTO 9 SINGLE-FAMILY RESIDENTIAL LOTS, INCLUDING THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED SOUTH OF LONE TREE WAY AND WEST OF THE REALIGNED FAIRVIEW AVENUE (APN'S 019-060-048 THROUGH 051).

WHEREAS, the City Council of the City of Brentwood approved an agreement for purchase of a fee parcel with Horace and Norrine Siino on October 22, 2002; and

WHEREAS, pursuant to said agreement between the City of Brentwood and Horace and Norrine Siino, the City of Brentwood has requested approval of a General Plan Amendment from Ranchette Estate to Low Density Residential, a Rezone from R-1-E to R-1-8, and a Tentative Subdivision Map to subdivide 3.35 acres into 9 single-family residential lots and related improvements located south of Lone Tree Way and west of the realigned Fairview Avenue; and

WHEREAS, said Tentative Subdivision Map was referred to various public utility companies, public districts, and pertinent City departments for review and recommendations; and

WHEREAS, an Initial Study and Mitigated Negative Declaration 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 September 19, 2003, and ended on October 8, 2003, and no comments were received during the review period; 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 Brentwood News on September 19, 2003, and again on November 14, 2003, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on this project at its regular meeting of October 21, 2003, and passed Resolution No. 03-78 recommending approval of the General Plan Amendment, associated Rezone, and Tentative Subdivision Map; and

WHEREAS, the City Council has considered the staff report, Mitigated Negative Declaration, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds and determines as follows:

1. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

2. The proposed Tentative Subdivision Map is in conformance with the accompanying General Plan Amendment and Rezone requests, as well as the pertinent sections of the existing City General Plan and Zoning Ordinance; and

3. The discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board; and

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

5. The design of the subdivision is not likely to cause serious public health problems; and

6. Since the adjacent property to the south (APN 019-060-028) is zoned for a minimum lot size of 14,500 square feet and no correspondence has been received from the owners of said property objecting to the design or lot sizes associated with the proposed subdivision, the intent of the Density Transition Policy as outlined in the City General Plan is being adhered to; and

7. The proposed subdivision complies with the modified Density Transition Policy in the General Plan in that the adjacent property affected is zoned to allow the creation of similar sized lots, as are included within this project; and

8. That the Mitigated Negative Declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

9. 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 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 or after project-specific mitigation measures are applied. 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 General Plan are adequate for all approvals relating to the project; and

10. 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 FURTHER RESOLVED that the City Council of the City of Brentwood does hereby take the following actions:

1. Adopts the Mitigated Negative Declaration prepared for this project; and

2. Directs staff to file the Notice of Determination with the Contra Costa County Clerk; and

3. Approves General Plan Amendment No. 03-02 for the 3.35-acre project site as described in Exhibit “A” changing the land use from Ranchette Estate Residential to Low Density Residential; and

4. Approves Tentative Subdivision Map No. 8701, effective only upon the date that Rezone No. 03-09 is effective, subject to the conditions of approval listed in Exhibit "B", attached hereto and made a part of this resolution, and all City standards applicable to this project; and

5. Approves the density transition from the required 20,000 square foot lot to a 14,500-plus square foot lot adjacent to APN 019-060-028 due to the fact that the referenced property is designated and zoned for lot sizes similar to those in the proposed subdivision.

NOW, THEREFORE, BE IT FURTHER RESOLVED that this Tentative Subdivision Map is valid for two years and will expire on November 25, 2005, unless a final map is recorded prior to that date, or an extension is approved by the Planning Commission prior to the expiration date.

PASSED by the City Council of the City of Brentwood at its regular meeting of November 25, 2003, by the following vote:


Exhibits:
“A” – General Plan Amendment description
“B” – Conditions of approval for TSM 8701

EXHIBIT "A" TO
CITY COUNCIL RESOLUTION NO.
GENERAL PLAN AMENDMENT DESCRIPTION
EXHIBIT “B” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR
TENTATIVE SUBDIVISION MAP NO. 8701

1. The Standard Conditions of Approval for Tentative Maps, dated January 2001, are hereby incorporated by reference and shall be complied with by the developer, unless modified by any of the conditions below.

2. The Final Map shall be in substantial compliance with Tentative Subdivision Map No. 8701 prepared by Bellecci & Associates, Inc., date stamp received September 22, 2003.

3. At the time of recordation of the Final Map, the applicant/developer shall pay the adopted agricultural mitigation fee.

4. The developer shall enter into an agreement with ECCID for (1) the replacement of the District's Lateral 7 North pipeline and related facilities, and (2) the transfer of right-of-way interests to accommodate the development and the relocation of the District's facilities. All work shall be done to the satisfaction of the City Engineer and ECCID and shall be the financial responsibility of the developer.

5. Any abandoned on-site wells and septic systems shall be destroyed in accordance with the Contra Costa County Health Services Department. All necessary permits and inspections for this work shall be obtained.

6. All mitigation measures identified in the Mitigated Negative Declaration prepared for this project are hereby incorporated by reference and shall be complied with by the developer.

7. The right-of-way line fronting lot 5 on said tentative map shall have a minimum radius of 30 feet to the satisfaction of the City Engineer.

8. The developer shall form or annex into a street lighting and landscape maintenance assessment district, or some other alternative financing mechanism acceptable to the City, for maintenance of all public street lights and landscaping within or adjacent to the project site.

9. The developer shall design and construct any remaining improvements along the Realigned Fairview Avenue, including but not limited to landscape, irrigation, and sidewalk prior to the first building permit to the satisfaction of the City Engineer. The maintenance of these improvements and adjacent street lighting shall be included into the Landscaping and Lighting District for this TSM.

10. Prior to issuance of any building permit, adequate access through approved tract 8281 to Cathy Court must be provided to the satisfaction of the City Engineer.

11. The developer shall maintain access to the existing residence at all times to the satisfaction of the City Engineer.

12. The developer shall install an oil/water separator (CDS system or equivalent), designed for the 10-year event, immediately upstream of any connection to City’s storm water system to the satisfaction of the City Engineer.

13. All water laterals to single family homes shall be 1-inch in diameter with 1-inch meters.

14. The developer shall provide a hydrology study and master drainage plan prepared by a registered Civil Engineer (State of California), including recommended drainage improvements consistent with the City’s Master Drainage Plan to the satisfaction of the City Engineer. As a part of, or in addition to, developer shall also accept and address the drainage from upstream properties and include design of on-site and downstream drainage facilities to the approval of the City Engineer and the Contra Costa County Flood Control and Water Conservation District prior to any plan approval. The project’s drainage plan shall show enough detail to address mitigation of impacts on existing agricultural uses or to conclusively show that there will be no impacts to the satisfaction of the City Engineer.

15. The developer shall coordinate with property owners along the property lines of this project for any grading or other improvements to the satisfaction of the City Engineer.

16. The developer shall relinquish all access rights along Realigned Fairview Avenue on the final map.

17. If required, developer shall relocate any existing ECCID irrigation lines to the satisfaction of the City Engineer and ECCID prior to any grading permit for this project.

18. A soil report for the project site, and for any import soils, which includes testing for corrosivity and contaminants, especially for agricultural pesticides, shall be submitted to the City Engineer and the Contra Costa County Department of Environmental Health. Grading plans shall not be approved unless Environmental Health Department’s recommendations are followed in the grading and improvements plans.

19. The developer shall maintain all landscaping within the public right-of-way for a period of 90 days prior to City acceptance of landscape improvements. A precondition of City acceptance is a 12-month guarantee of plant materials and irrigation system. In the event the developer is unresponsive within two weeks of notification by the City, corrective measures may be taken by the City. Any corrective costs incurred shall be provided by the developer’s guarantee or from any funds available from the developer being held by the City.

20. The developer shall annex into the most current City of Brentwood Community Facilities District to fund fire, emergency medical and public safety personnel, open space maintenance and operations and flood and storm drain services prior to final map approval.

21. Prior to issuance of a grading permit for project development, the applicant/developer shall submit a grading plan to the City Engineer for approval, which reflects the recommendations of a final Geologic and Geotechnical study including construction procedures and/or design criteria. Construction plans submitted to the City Engineer shall conform to the City of Brentwood Engineering Design Standards and include specifications necessary to minimize potential impacts resulting from soils conditions of the project site. The City Engineer or his representative shall verify in the field that all conditions have been satisfied.

22. The developer shall comply with all NPDES requirements.

23. The approval of this TSM is contingent upon approval of General Plan Amendment No. 03-02 and Rezone No. 03-09 by the City Council and shall be null and void if approval of these related entitlements is not obtained.

24. The developer shall shield all on-site lighting so that it is directed within the project site and does not illuminate adjacent properties or public rights-of-way, in accordance with the City's adopted Standard Plans and Specifications. A Street Lighting Plan shall be approved by the Engineering Department in conjunction with approval of improvement plans.

25. Prior to the issuance of a grading permit, the developer shall prepare an Erosion Prevention and Dust Control Plan. The plan shall be followed by the project’s grading contractor and submitted to the Public Works Department, which will be responsible for field verification of the plan during construction. The plan shall comply with the City’s grading ordinance and shall include the following control measures and other measures deemed by the Public Works Department to be necessary for the proposed project:

a. A graveled track at project entryways to remove mud and dirt from vehicles leaving the site shall be provided.
b. Water (or an acceptable soil binder chemical) shall be applied to all disturbed earth surfaces (including earth roads and soil stockpiles). Surface material shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur twice per day with complete coverage, preferably in the late morning and at the completion of work for the day.
c. Permanent soil stabilization measures shall be implemented throughout each phase of construction prior to commencement of grading on successive phases.
d. All clearing, grading, earthmoving, and excavation shall stop during periods of high winds greater than 20 mph over one hour.
e. All material transported off-site shall either be sufficiently watered or securely covered to prevent escape of dust and debris.
f. On-site vehicle speed shall be limited to 15 mph.
g. During rough grading and construction, adjacent public and private roads shall be swept once per day, or as required by the City, to remove silt and construction debris.
h. Unnecessary idling of construction equipment shall be avoided.
i. Equipment engines shall be maintained in proper working condition per manufacturers’ specifications.
j. During periods of heavier air pollution (May to October), the construction period shall be lengthened to minimize the amount of equipment operating at one time.

26. Pre-construction surveys shall be prepared for burrowing owls and Swainson’s hawks, in accordance with the recommendations made by Moore Biological Consultants. The surveys shall be submitted to the Community Development Department and the California Department of Fish and Game (CDFG) (if required) for review and approval. Any appropriate protective mitigation measures shall be incorporated to the satisfaction of the Community Development Director and the CDFG. Mitigation measures could include avoidance of species, relocation of species, or modification to the construction schedule. In addition, any on-site trees that need to be removed to facilitate project construction shall be done so outside of the raptor nesting season, or a nesting bird survey shall be conducted immediately prior to tree removal.

27. Prior to the issuance of a grading permit, the developer shall submit an erosion control plan to the City Engineer. This plan shall identify protective measures to be taken during construction, supplemental measures to be taken during the rainy season, permanent methods of revegetation following completion of construction, the sequenced timing of grading and construction, and subsequent revegetation and landscaping work to ensure water quality in creeks and tributaries in the General Plan Area is not degraded from its present level.

28. The developer shall not leave disturbed areas that are not actively under construction exposed during the rainy season.

29. Prior to approval of final facilities design, the City Engineer shall review plans for drainage and storm water runoff control systems and their component facilities to ensure that these systems and facilities are non-erosive in design.

30. No grading, soil disturbance, or compaction shall occur during periods of rain or on ground that contains free water. Soil that has been soaked and wetted by rain or any other cause shall not be compacted until completely drained and until the moisture content is within the limits approved by the soil engineer. Approval by the soil engineer shall be obtained prior to continuing grading operations.

31. Prior to issuance of a grading permit, a Comprehensive Grading Plan shall be submitted to the City Engineer that reflects the recommendations of the final geotechnical study. All recommendations of the final geotechnical study and City Engineer shall be incorporated into the grading plan as a condition of the project grading permit and verified in the field by the City Engineer or his representative.

32. Prior to the demolition of any structure(s) within the project site, the developer shall conduct an asbestos survey. If the survey reveals asbestos within the structure(s), the developer shall prepare an asbestos abatement plan for the review and approval of the Chief Building Official prior to the issuance of a demolition permit for the structure(s).

33. The improvement plans shall indicate concentrated drainage flows not crossing sidewalks or driveways for the review and approval of the City Engineer prior to the issuance of grading permits.

34. Construction activities shall be limited to the hours set forth below:

Heavy Equipment Monday-Friday 7:00 AM to 3:30 PM
Saturday 9:00 AM to 3:30 PM
Light Carpentry Monday-Friday 7:00 AM to 7:00 PM
Saturday 8:00 AM to 4:00 PM

Construction shall be prohibited on Sundays and City holidays. These criteria shall be included in the grading plan submitted by the developer for review and approval of the Community Development Director prior to issuance of grading permits. Exceptions to allow expanded construction activities shall be reviewed on a case-by-case basis as determined by the C.B.O. and/or the City Engineer.

35. All construction equipment shall use properly operating mufflers, and no combustion equipment such as pumps or generators shall be allowed to operate within 500 feet of any occupied residence during construction hours, unless the equipment is surrounded by a noise protection barrier. These criteria shall be included in the grading plan submitted by the developer for review and approval of the Community Development Director prior to issuance of grading permits.

36. The Police Department shall review the design plans for this project prior to the issuance of building permits in order to ensure that the site plan incorporates appropriate crime prevention features.

37. Prior to commencing construction, the developer shall provide access roadways having all-weather driving surfaces of not less than 20' of unobstructed width, and not less than 13'6" of vertical clearance, to within 150' of travel distance to all portions of the exterior walls of every building. Access roads shall not exceed 16% grade, shall have a minimum outside turning radius of 42', and must be capable of supporting imposed loads of fire apparatus (37 tons). The City Engineer shall ensure compliance.

38. Prior to final map recordation, the developer shall comply with any City Council fire/emergency services programs established pursuant to the General Plan Safety Element in order to provide such adequate services to the community.

39. The developer shall pay applicable thoroughfare facility fees (plus any annual increase) in effect at the time of building permit issuance and shall participate in the City’s Capital Improvement Financing Plan (CIFP) to finance necessary roadway infrastructure. In addition, this specific project may be conditioned to pay their fair share of other off-site improvements that are outside the parameters of the CIP.

40. The developer shall be required to connect to the existing Brentwood utility network as well as pay all applicable fees in effect in order to ensure adequate capacity to serve the proposed project, at the time of building permit issuance. Improvement plans indicating conformance to City of Brentwood standards shall be prepared, submitted, and approved by the City Engineer prior to the issuance of encroachment permits for this project.
41. The developer shall complete the soundwall along the rear property line of Lot 6 (currently used as driveway access for the Siino property) at the time that Cathy Court is open for public traffic, to the satisfaction of the Community Development Director and the City Engineer.

42. The developer shall provide water and sewer stub-outs to the Hardee property (APN 019-060-028) to the satisfaction of the City Engineer.

43. Lot 7 shall be developed with a single-story home, to be reviewed and approved at the time of Design Review submittal.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 03-09) OF APPROXIMATELY 3.35 ACRES FROM R-1-E TO R-1-8, INCLUDING THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED SOUTH OF LONE TREE WAY AND WEST OF THE REALIGNED FAIRVIEW AVENUE (APN'S 019-060-048 THROUGH 051).

WHEREAS, the City Council of the City of Brentwood approved an agreement for purchase of a fee parcel with Horace and Norrine Siino on October 22, 2002; and

WHEREAS, pursuant to said agreement between the City of Brentwood and Horace and Norrine Siino, the City of Brentwood has requested approval of a General Plan Amendment from Ranchette Estate Residential to Low Density Residential, a Rezone from R-1-E to R-1-8, and a Tentative Subdivision Map to subdivide 3.35 acres into 9 single-family residential lots and related improvements located south of Lone Tree Way and west of the realigned Fairview Avenue; and

WHEREAS, an Initial Study and Mitigated Negative Declaration 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 September 19, 2003, and ended on October 8, 2003, and no comments were received during the review period; 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 Brentwood News on September 19, 2003, and again on November 14, 2003, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on this project at its regular meeting of October 21, 2003, and passed Resolution No. 03-78 recommending approval of the Rezone; and

WHEREAS, the City Council held a public hearing on the proposed Rezone and associated General Plan Amendment on November 25, 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

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

1. The level of traffic to be generated can be accommodated by the public circulation system, both existing and planned; and

2. 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

3. 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

4. The natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the development plan; and

5. 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

6. 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

7. 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 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 General Plan are adequate for all approvals relating to the project; and

8. 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 approximate 3.35-acre site, as shown on Attachment "A" to this Ordinance, is hereby rezoned from R-1-E to R-1-8 for single-family residential development.

Section 2.

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 3.

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 25th day of November 2003, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 9th day of December 2003, by the following vote:

Exhibit:
“A" - Rezone area

ATTACHMENT "A" TO
CITY COUNCIL ORDINANCE NO.
REZONE AREA
 

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