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CITY COUNCIL AGENDA ITEM NO. 28

Meeting Date: April 13, 2004

Subject/Title: Second reading and adoption of Ordinance No. 773 approving a Rezone (RZ 04-04) from a mix of R-1-10 and R-1-E to PD-66 and establishment of development standards for a 123.04-acre site, located generally on the south side of the Grant Street extension, east of the Union Pacific Railroad tracks, on either side of the O’Hara Avenue extension

Submitted by: Erik Nolthenius, Associate Planner

Approved by: Mitch Oshinsky, Community Development Director

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 773.

PREVIOUS ACTION
At its meeting on March 23, 2004, the City Council waived the first reading of Ordinance No. 773 on a 3-0 vote (Mayor Swisher was absent and Vice Mayor Beckstrand abstained).

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a 311-lot single-family residential subdivision.

FISCAL IMPACT
The applicant will be required to pay all relevant fees as specified in the conditions of approval for the Vesting 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
Ordinance

ORDINANCE NO. 773

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 04-04) FROM A MIX OF R-1-10 AND R-1-E TO PD-66 WITH THE ESTABLISHMENT OF SPECIFIC DEVELOPMENT STANDARDS FOR A 123.04-ACRE SITE, LOCATED GENERALLY ON THE SOUTH SIDE OF THE GRANT STREET EXTENSION, EAST OF THE UNION PACIFIC RAILROAD TRACKS, ON EITHER SIDE OF THE O’HARA AVENUE EXTENSION (APN 016-050-001, 016-060-001, 016-070-001, 016-070-002, AND 016-090-001).

WHEREAS, Braddock & Logan Services, Inc. has requested that the City approve a rezone from R-1-10 and R-1-E to PD-66, a vesting tentative subdivision map to subdivide a 135.09-acre site into 311 single-family residential lots and 5 remainder parcels, and a design review for 13 house plans, located generally on the south side of the Grant Street extension, east of the Union Pacific Railroad tracks, on either side of the O’Hara Avenue extension; and

WHEREAS, on March 2, 2004, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 04-09, which recommended approval of the rezone and specific development standards; and

WHEREAS, the Planning Commission concurrently reviewed and conditionally approved the Vesting Tentative Subdivision Map and Design Review; 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 30-day public review and comment period was begun on January 30, 2004, and ended on February 28, 2004, and all comments received during the review period have been considered by the City Council; 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 January 29, 2004, and again on March 12, 2004, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed rezone and specific development standards on March 23, 2004, 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; 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. The site is physically suitable for the type and the density of development proposed; and

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

3. The proposed rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

4. The proposed rezone will establish clear development standards for the uses permitted under the General Plan, Zoning Ordinance, and conditionally approved Vesting Tentative Subdivision Map No. 8788; and

5. The proposed rezone will provide standards resulting in development that is consistent and compatible with surrounding uses; and

6. The proposed rezone will provide for adequate public uses and private open space; and

7. The subdivision will generate a level of traffic that can be accommodated by the public circulation system, existing or planned; and

8. 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

9. 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 or combination of zones; and

10. The proposed rezone is on property that has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any traffic generated by the development; and

11. 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 adequate landscaping and/or screening is included if necessary to ensure compatibility; and

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

13. 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 consistent with the Zoning Ordinance and with the City's General Plan, including all relevant Elements thereof, and with any applicable Specific Plan adopted by the City.

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

1. 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

2. 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 2001 and 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, 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's for the 2001 and 1993 General Plan are adequate for all approvals relating to the project; and

3. 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.

Adopts the Mitigated Negative Declaration prepared for this project and directs staff to file the Notice of Determination with the Contra Costa County Clerk.

Section 2.

The approximate 123.04-acre site, as shown on Attachment "A" to this Ordinance, is hereby rezoned from R-1-10 and R-1-E to PD-66 for single-family residential development.

Section 3.

Directs staff to make the necessary change to the City Zoning Map.

Section 4.

Chapter 17.523 is hereby added to the Brentwood Municipal Code for the purpose of regulating certain real property and establishing development standards for Vesting Tentative Subdivision Map No. 8788, as shown on Exhibit "B" to this Ordinance.

Section 5.

Chapter 17.523 is hereby known as the Planned Development No. 66 Zone.

Section 6.

Development standards for Vesting Tentative Subdivision Map No. 8788 are hereby included as shown in Exhibit "C" attached hereto and made a part of this Ordinance.

Section 7.

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 8.

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 23rd day of March 2004, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 13th day of April 2004, by the following vote:

Exhibits:
Exhibit "A" – Map of area to be rezoned
Exhibit "B" – Legal description of area to be rezoned
Exhibit "C" – Development standards for PD-66

EXHIBIT “C” TO
CITY COUNCIL ORDINANCE NO. 773
DEVELOPMENT STANDARDS FOR PD-66

CHAPTER 17.523
PD-66 (PLANNED DEVELOPMENT NO. 66) ZONE

S & S FARMS, INC./HANCOCK TRUST

BRADDOCK & LOGAN SERVICES, INC. (VTSM 8788)

17.523.01 AUTHORITY, PURPOSE, AND INTENT
17.523.02 PERMITTED USES
17.523.03 CONDITIONALLY PERMITTED USES
17.523.04 GENERAL DEVELOPMENT STANDARDS

17.523.001 AUTHORITY, PURPOSE, AND INTENT:

The authority, purpose, and intent for the adoption of the PD-66 (Planned Development No. 66) Zone, as shown on Attachment "A", are as follows:

A. Authority: The PD-66 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-66 Zone is to permit and regulate the orderly development of 123.04 acres located generally on the south side of the Grant Street extension, east of the Union Pacific Railroad tracks, on either side of the O’Hara Avenue extension, with very low and low density residential uses in accordance with the Brentwood General Plan.

C. Intent: The intent of creating the PD-66 Zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties.

17.523.002 PERMITTED USES:

The following uses are permitted in the PD-66 Zone:

A. Those uses permitted under the R-1 Zone, Section 17.130.002.
B. Parks and recreational trails.

17.523.003 CONDITIONALLY PERMITTED USES:

Upon obtaining a Conditional Use Permit pursuant to Chapter 17.830, the following uses are permitted:

A. Those uses permitted under the R-1 Zone, Section 17.130.003.
17.523.004 GENERAL DEVELOPMENT STANDARDS:

All permitted and conditionally permitted uses developed within the PD-66 Zone shall comply with the following regulations:

A. Minimum Lot Size: 8,000 square feet, with the exception of Lots 107-112, 136-143, and 172-176, which shall have a minimum size of 20,000 square feet.
B. Minimum Lot Width: 70 feet at the front of the house (55 feet for curved streets, cul-de-sacs, and knuckles).
C. Minimum Lot Depth: 80 feet.
D. Minimum Lot Frontage: 70 feet (33 feet for curved streets, cul-de-sacs, and knuckles).
E. Minimum Front Yard Setback: 20 feet to front loading garages, 15 feet to side loading garages and building walls.
F. Minimum Side Yard Setback: 7 feet with an aggregate of 20 feet (10 feet on the street side of corner lots).
G. Minimum Rear Yard Setback: 20 feet.
H. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.
I. Maximum Building Height: 30 feet or two stories.
J. A minimum of 25% of the lots shall have single-story units.
K. Maximum Number of Units: 311.
L. Side Loading Garage: 10% of the lots shall have side-loading garages.
M. 50% of the corner lots shall have single-story units.
N. Maximum Lot Coverage: 40% for two-story homes and 45% for single-story homes.
O. Maximum Fence Height: The maximum fence height may exceed the 6-foot standard if approved by the Community Development Director to address land use compatibility issues between the existing single-family homes and the proposed lots in VTSM 8788, as well as any lots adjacent to the neighborhood park site (Lots 177-183).
 

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