CITY COUNCIL AGENDA ITEM
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
Waive the second reading and adopt Ordinance No. 773.
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
Adoption of this ordinance will enable the project site to be developed with
a 311-lot single-family residential subdivision.
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.
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;
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;
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. 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
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brentwood does hereby ordain as follows:
Adopts the Mitigated Negative Declaration prepared for this project and
directs staff to file the Notice of Determination with the Contra Costa
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.
Directs staff to make the necessary change to the City Zoning Map.
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.
Chapter 17.523 is hereby known as the Planned Development No. 66 Zone.
Development standards for Vesting Tentative Subdivision Map No. 8788 are
hereby included as shown in Exhibit "C" attached hereto and made a part of
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 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:
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
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,
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
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).