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CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: April 27, 2004

Subject/Title: Second reading and adoption of Ordinance No. 774 approving a Rezone (RZ 03-08) from R-1-E to PD-59 and establishment of development standards for a 30.7-acre site, located generally southwest of the intersection of Neroly Road and O’Hara Avenue (Magnolia Ranch Subdivision).

Submitted by: Winston Rhodes, Senior Planner

Approved by: Mitch Oshinsky, Community Development Director

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 774.

PREVIOUS ACTION
At its meeting on April 13, 2004, the City Council waived the first reading of Ordinance No. 774 on a 4-1 vote (Vice Mayor Beckstrand voted no).

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with an 84-lot single-family residential subdivision with a 1.8 acre pocket park.

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 No. 774

ORDINANCE NO. 774

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 03-08) FROM R-1-E TO PD-59 WITH THE ESTABLISHMENT OF SPECIFIC DEVELOPMENT STANDARDS FOR A 30.7-ACRE SITE, LOCATED GENERALLY SOUTHWEST OF THE INTERSECTION OF NEROLY ROAD AND O’HARA AVENUE (APN 018-020-002 AND 018-020-003).

WHEREAS, Private Island Homes, Inc. has requested that the City approve a rezone from R-1-E to PD-59, a vesting tentative subdivision map to subdivide a 30.7-acre site into 84 single-family residential lots and 3 remainder parcels, and a design review for 5 house plans, located generally southwest of the intersection of the intersection of Neroly Road and O’Hara Avenue; and

WHEREAS, on March 16, 2004, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 04-14, which recommended approval of the rezone and specific development standards; and

WHEREAS, the Planning Commission concurrently reviewed and conditionally recommended approval of the Vesting Tentative Subdivision Map by passing Resolution No. 04-15 and conditionally approved the project Design Review by passing Resolution No. 04-16; 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 February 6, 2004, and ended on February 27, 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 Brentwood News on April 2, 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 April 13, 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 proposed rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

3. 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. 8724; and

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

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

6. The proposed rezone 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

7. 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 proposed development as conditioned; and

8. 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.

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.

Rezones the 30.7-acre site, as shown on Exhibit "A" from R-1-E to PD-59 for single-family residential development.

Section 3.

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

Section 4.

Chapter 17.514 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. 8724, as shown on Exhibit "B" to this Ordinance.

Section 5.

Chapter 17.514 is hereby known as the Planned Development No. 66 Zone.

Section 6.

Development standards for Vesting Tentative Subdivision Map No. 8724 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 13th day of April 2004, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 27th day of April 2004, by the following vote:

Attachments:
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 “A” TO
CITY COUNCIL ORDINANCE NO.
MAP OF AREA TO BE REZONED

EXHIBIT "B" TO
CITY COUNCIL ORDINANCE NO.
LEGAL DESCRIPTION OF AREA TO BE REZONED

Real property situated in the City of Brentwood, County of Contra Costa, State of California being those parcels described in the deeds to Lewis recorded in Book 111 at Page 413 on January 24, 1924 and Book 786 at Page 385 on August 11, 1944, Contra Costa Records, being further described as follows:

Beginning at the most northeastern corner of said parcel (Book 786 at Page 385), said point being on the northern line of Section 2 of Township 1 North, Range 2 East, Mount Diablo and Meridian; thence along said northern line and northern lines of said parcels, N89˚11’56”W, 1015.41 feet to the northwest corner of said parcel (Book 111 at Page 413); thence along the westerly line of last said parcel, S00˚ 48’04”W, 1309.44 feet to the southwest corner of last said parcel; thence along the southern line of last said parcel, S88˚50’56”E, 648.46 feet to the southeast corner of the last said parcel; thence along the western line of said parcel (Book 786 at Page 385), S00˚48’04”W, 1.00 feet to the southwestern corner of last parcel; thence along the southern line of last said parcel, S88˚45’56”E, 371.57 feet to the southeast corner of last said parcel; thence along the eastern line of last said parcel, N00˚36’04”E, 1317.22 feet to the Point of Beginning.

EXHIBIT “C” TO
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT STANDARDS FOR PD-59

CHAPTER 17.514
PD-59 (PLANNED DEVELOPMENT NO. 59) ZONE

17.514.001 AUTHORITY, PURPOSE AND INTENT
17.514.002 PERMITTED USES FOR EACH SUBAREA
17.514.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA
17.514.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A
17.514.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B
17.514.006 OTHER REGULATIONS

17.514.001 AUTHORITY, PURPOSE, AND INTENT.

The authority, purpose and intent for the adoption of the PD-59 (Planned Development 59) Zone are as follows:

A. Authority: PD-59 is adopted pursuant to the authority set fourth in Chapter 17.450, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. Purpose: The purpose of the PD-59 Zone is to permit and regulate the orderly development of the area shown as Exhibit “A” in accordance with the Brentwood General Plan for a maximum of 84 lots. The PD-59 area is divided into two (2) subareas as shown in Exhibit “B” which is attached to this ordinance and incorporated herein by reference.

C. Intent: The zoning district is intended to provide a neighborhood with a mix of single family homes on various lots sizes, recreational amenities and open space in conformance with the adopted General Plan.

17.514.002 PERMITTED USES FOR EACH SUBAREA

SUBAREA A

• Single-family dwelling units.

• Parks, playgrounds, and recreation trails.

• Rooming and Boarding Subject to Section 17.650.003.

• Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.

• Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.

• The keeping of domestic animals or pets subject to Chapter 17.670.

SUBAREA B (Duet Lots)

• Single-family attached dwellings units.

• Accessory facilities or buildings related to the primary use subject to Chapter 17.660

• Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.

• Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.

• The keeping of domestic animals or pets subject to Chapter 17.670.

17.514.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA

SUBAREA A

• Churches and religious institutions and parochial or private schools.

• Nursery, childcare, day care center.

SUBAREA B (Duet Lots)

• Nursery, childcare, day care center.

17.514.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A:

A. Minimum Lot Area: 10,000 square feet

B. Minimum Lot Width: 70 feet except for lots on cul-de-sacs, knuckles or curvilinear streets that shall be 40 feet at the front property line.

C. Minimum Lot Depth: 135 feet

D. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for turned garage and living space, and 12 feet for front porches measured to front of property line.

E. Minimum Side Yard Setback: 8 feet and a total of 20 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.

F. Minimum Rear Yard Setback: 20 feet for main residence and 5 feet for detached living areas.

G. Maximum Building Height: 30 feet and two stories for main residence and 16 feet and one story for detached living areas.

H. Maximum Lot Coverage: 40 percent for main residence and detached living area.

I. Maximum Number of Lots: 80

17.514.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B (DUET LOTS):

A. Minimum Lot Area: 6,000 square feet.

B. Minimum Lot Width: 55 feet.

C. Minimum Lot Depth: 130 feet

D. Minimum Front Yard Setback: 15 feet.

E. Minimum Side Yard Setback: 0 feet and a total of 10 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.

F. Minimum Rear Yard Setback: 0 feet – unit is attached.

G. Maximum Building Height: 30 feet and two stories.

H. Maximum Lot coverage: 45 percent for single story unit; 40 percent for two story units.

I. Maximum Number of Lots: 4

17.514.006 OTHER REGULATIONS:

A. Design and Site Development shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004H.

B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H.

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 provision of Chapter 17.660 with the exception that no feature may project into the maximum front yard setback.

F. The development of this zoning district shall be substantially in accordance with the approved Development Plan. Variations in the Development Plan including street and lot pattern may be approved though the subdivision map process.

City Administration
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