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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: December 9, 2003

Subject/Title: Second reading and adoption of Ordinance No. 768 approving a Rezone (RZ 03-09) from R-1-E to R-1-8 for an approximate 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
Waive the second reading and adopt Ordinance No. 768.

PREVIOUS ACTION
At its meeting on November 25, 2003, the City Council passed Resolution No. 3038 approving a General Plan Amendment (GPA 03-02) from RE (Ranchette Estate) to L (Low Density) and a Tentative Subdivision Map (TSM 8701) to subdivide a 3.35-acre site into 9 single-family residential lots, and waived the first reading of Ordinance No. 768 approving the Rezone.

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a 9-lot residential subdivision.

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.

Attachment:
Ordinance

ORDINANCE NO. 768

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
 

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