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CITY COUNCIL AGENDA ITEM NO. 41

Meeting Date: December 14, 2004

Subject/Title: Amendment to Planned Development 26 (PD-26), Planning Area 6, to create development standards for Subarea “A” and approval of Tentative Subdivision Map 8808 with its associated density transition exception. The property is generally located south of Grant Street, east of Fairview Avenue and west of Minnesota Avenue.

Prepared by: Debbie Hill, Assistant Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
The Planning Commission and Staff recommend that the City Council:

1. Introduce and waive the first reading of an Ordinance approving an amendment to Planned Development 26, Planning Area 6, Subarea A, by adding development standards.

2. Pass a Resolution approving Tentative Subdivision Map 8808 and its density transition exception and certifying the mitigated negative declaration for this project.

PREVIOUS ACTION
Approval of a Residential Growth Management Program (RGMP) allocation for 8 units on October 12, 2004.

BACKGROUND
This proposed development is for 8 lots (1 existing residence and 7 proposed) with square footages at a minimum of 12,000. Mark Taylor, the developer, would like to amend the Planned Development to add development standards for Subarea A of Planning Area 6 within Planned Development 26 in order to establish development criteria for his project. The proposed standards are consistent with other developments of similar lot sizes in the area and are set forth below:

DEVELOPMENT STANDARDS FOR PLANNING AREA 6, SUBAREA A

The amendment to PD-26 involves the addition of development standards to guide the development of Tentative Subdivision Map 8808. These development standards are summarized as follows:

Minimum Lot Area: 12,000 square feet
Minimum Front Yard Setback: 25 feet
Minimum Side Yard Setback: 10 feet
Minimum Rear Yard Setback: 30 feet
Minimum Lot Width: 75 feet
Maximum building height: 35 feet not to exceed 2 stories
Minimum home size: 2,500 square feet
These proposed development standards are consistent with the development standards established for other similar lot sizes within the City.

Due to the Density Transition Policy of the General Plan, all tentative maps with proposed lots smaller than 20,000 square feet abutting existing parcels of 1 acre or more and lots smaller than 10,000 square feet abutting existing parcels greater than ½ acre, but less than one acre, are subject to City Council review. The density transition policy requires that the applicant obtain written authorization from the adjacent property owner stating they are aware there will be smaller lots abutting their property. The applicant has done this by obtaining a letter from Carolyn Frisbey, the property owner to the east. A copy of this letter is included with this staff report. The developed properties to the north, west and south have lot square footages ranging from 7,000 to 20,000 and as such would not be subject to the density transition policy.

FISCAL IMPACT
Fiscal impact to the City would be positive. The addition of another residential neighborhood will contribute to the ultimate buildout population by helping to attract economic development, jobs and businesses. In addition, the additional homes will provide additional annual property tax revenue to the City.

ATTACHMENTS
1. Ordinance amending Planned Development 26
2. Resolution approving Tentative Subdivision Map 8808
3. Tentative Subdivision Map
4. SPA L Land Use Map
5. Letter from Carolyn Frisbey dated September 12, 2004

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 26 BY ADDING DEVELOPMENT STANDARDS FOR PLANNING AREA 6, SUBAREA A GENERALLY LOCATED SOUTH OF GRANT STREET, EAST OF FAIRVIEW AVENUE AND WEST OF MINNESOTA AVENUE.

WHEREAS, the applicant has filed for an amendment to Planned Development 26 in order to add one pool unit and establish development standards to accommodate Tentative Subdivision Map 8808; and

WHEREAS, on December 7, 2004, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 04-65 which recommended the approval of the amendment to Planned Development 26 for Planning Area 6, Subarea A; and

WHEREAS an Initial Study and Mitigated Negative Declaration were prepared for Tentative Subdivision Map 8808 in accordance with the California Environmental Quality Act and was considered as a part of the review and approval process; and

WHEREAS, the Mitigated Negative Declaration identified 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, a Notice of Public Hearing was legally advertised in the Brentwood Press on December 3, 2004, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; and

WHEREAS, the City Council of the City of Brentwood hereby finds that the proposed amendment will:

1. Establish clear development standards for the uses permitted under the General Plan and the approved Tentative Subdivision Map No. 8808.

2. Provide standards resulting in development that is consistent and compatible with surrounding uses.

3. Provide for adequate public uses and private open space.

4. Generate a level of traffic that can be accommodated by the public circulation system, existing or planned.

5. 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).

6. That 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.

7. That the proposed zoning amendment is on property, which has a suitable relationship to one or more thoroughfares; and that said thoroughfares are adequate to carry any traffic generated by the development.

8. That 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 that adequate landscaping and/or screening is included if necessary to insure compatibility.

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

10. That 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 General Plan, including all relevant elements therefore, and with any applicable Specific Plan adopted by the City.

11. 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.

12. Pursuant to Section 15168 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 General Plan. The Initial Study has further evaluated potential project specific impacts to the environment. Based upon 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 specified in the Program EIR to the project and imposes additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions of approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 and 2001 General Plans is adequate for all approvals relating to the project.

13. The City Council further finds that no significant new information within the meaning of the Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City which would necessitate recirculation of the Mitigated Negative Declaration for further public review. The Mitigated Negative Declaration has not undergone any reorganization on this account. The City Council has considered all verbal and written comments relating to the Mitigated Negative Declaration and finds no significant new information has arisen.

14. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment, and the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section1. The subject project is hereby zoned as Subarea A within Planning Area 6 of Planned Development 26 for single-family residential units.

Section 2. Chapter 17.476 has hereby been amended for the purpose of regulating certain real property and establishing development standards for Subarea A of Planning Area 6 of Planned Development 26 for single-family residential units.

Section 3. Chapter 17.476 is hereby known as Planned Development 26 (PD-26).

Section 4. Amendments to Chapter 17.476 are hereby added to read as shown in Exhibit A attached hereto and made a part of this Ordinance.

Section 5.

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 Brentwood Press, 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 in the Brentwood Press a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 6. In accordance with Governmental 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 14th day of December, 2004, and adopted at a regular meeting of the Brentwood City Council on the ____ day of _____________, 2005, by the following vote:

EXHIBIT A
CITY COUNCIL ORDINANCE NO.
ZONING ORDINANCE AMENDMENT
PLANNED DEVELOPMENT TWENTY-SIX (PD-26)

17.476.064 Regulations for Planning Area 6, Subarea A--Lot area, yards, height and other regulations for development

A. Single-Family Residential. Greater than 12,000 square feet (12,000 SF)

1. Minimum Lot Area.
The minimum lot area shall be 12,000 square feet.
2. Minimum Lot Width.
The minimum lot width shall be seventy (70) feet as measured from the front building line.
3. Minimum Front Yard Setback.
The standard building setback shall be a minimum of twenty-five (25) feet.
4. Minimum Side Yard Setbacks.
Side yard setbacks shall be a minimum of ten (10) feet.
5. Minimum Rear Yard Setback.
The rear yard setback for lots shall be a minimum of thirty (30) feet (as measured from the property line to the building foundation).
6. Building Height.
The maximum building height for all structures shall not exceed thirty-five (35) feet and/or 2 stories.
7. Design. All homes shall be designed with a minimum square footage of 2,500 square feet. None of the homes shall have the same floor plan and/or exterior elevation.

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TENTATIVE SUBDIVISION MAP NO. 8808, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SUBDIVISION OF 4.02 ACRES INTO A TOTAL OF 8 SINGLE-FAMILY RESIDENTIAL LOTS GENERALLY LOCATED SOUTH OF GRANT STREET, EAST OF FAIRVIEW AVENUE AND WEST OF MINNESOTA AVENUE (APN 017 010 010).

WHEREAS, the Planning Commission and City Council of the City of Brentwood has considered the amendment to PD-26, and the proposed Tentative Subdivision Map No. 8808 with the Mitigated Negative Declaration filed in accordance with Chapter 16.040 et seq. of the Brentwood Municipal Code; and

WHEREAS, project information was referred to various public utility companies, public districts and pertinent departments for review and recommendations; and

WHEREAS, an Initial Study and Mitigated Negative Declaration has been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and is considered as 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, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project and published in the Brentwood Press on October 29, 2004, in accordance with City policies and Government Code 65090; 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 zoning amendment and tentative subdivision map and makes the following findings:

1. The proposed tentative subdivision map is in conformance with the City General Plan and Zoning Ordinance;

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

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

4. 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.

5. The proposed PD-26 amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

6. Pursuant to Section 15168 ( c ) and 15162 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 1993 City of Brentwood General Plan and the EIR prepared for the 2001 General Plan Update. The Initial study has further evaluated potential project specific impact to the environment. Based upon this evidence and the Mitigated Negative Declaration, this Planning Commission finds that the project will not have any significant environmental impacts that were not studied in the measures specified in the General Plan Program EIR and General Plan Update EIR to the project and imposed additional mitigation measures to supplement and strengthen these 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 1993 and 2001 General Plans are adequate for all approvals relating to the project.

7. The City Council further finds that no significant new information within the meaning of the Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City which would necessitate recirculation of the Mitigated Negative Declaration for further public review.

8. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment, and the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby takes the following action:

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

2. Directs the City Clerk to file the Notice of Determination with Contra Costa County.

3. Approves Tentative Subdivision Map No. 8808 effective only upon the date the applicant’s proposed amendment to PD-26 is effective, subject to those conditions in Exhibit A attached to and made a part of this resolution.

NOW, THEREFORE, BE IT FURTHER RESOLVED that this tentative subdivision map is valid for two years and will expire on December 14, 2006, unless a final map is recorded prior to that date, or a written extension is requested by the applicant and approved by the Planning Commission prior to the expiration date.

The above actions are final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within ten (10) calendar days following Planning Commission action.

PASSED by the City Council of the City of Brentwood on December 14, 2004, by the following vote:

EXHIBIT A
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP 8808

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 substantially the same as the Tentative Subdivision Map No. 8808 prepared by Benchmark Consultants date stamped received November 22, 2004.

3. Developer shall submit a sound study to the City for review and approval. Developer shall attenuate any current or future noise impacts identified in the study due to ultimate traffic projections for Grant Street, the realigned Minnesota Avenue and/or the Union Pacific Railroad tracks. Said sound study shall be completed and any recommended mitigation measures shall be approved and incorporated into the design of this project prior to approval of the Final Map, but in any event, the project shall incorporate at least a 6’ block wall along it’s northern properly line (Lots 2 and 3) and along a portion of it’s eastern boundary line (Lots 1, 2 and 8) and extending back westward along Lots 1 and 8, to the approval of the City Engineer and with the design of the wall to the approval of the Community Development Department.

4. The Final Map shall not be recorded until the effective date of the applicant’s proposed amendment to PD-26 adding Development Standards and an additional unit allocation to Planning Area 6, Subarea A, has been reviewed and approved by the City Council and subject to City Council approval of the density transition exception.

5. Developer shall pay the Habitat Conservation Fee prior to issuance of building permits. This fee shall be as established by City Council.

6. At the time of recordation of the final map, the developer shall comply with the City’s agricultural preservation program in order to mitigate the potentially significant impact of the proposed project on the loss of Prime Farmland.

7. Prior to issuance of building permits, the developer shall pay any and all outstanding peer review and/or environmental and/or development review fees.

8. Developer shall dedicate, in fee, an approximate 10’ wide strip of right-of-way along the Grant Street project frontage on the final map to accommodate roadway and parkway improvements to the satisfaction of the City Engineer.

9. Developer shall design and construct frontage improvements along the Grant Street project frontage to the satisfaction of the City Engineer and Director of Parks and Recreation prior to issuance of any building permit. Improvements include but are not limited to pavement, curb, gutter, lighting, utilities, sidewalk, signing, striping, landscape, and irrigation.

10. Developer shall dedicate, in fee, a 43’ by 205’ strip of right-of-way along the easterly boundary of the project to accommodate project access and the future realignment of Minnesota Avenue, on the final map to the satisfaction of the City Engineer.

11. Developer shall design and construct the public access roadway from Grant Street (future Minnesota Avenue) as a city standard residential collector with complete 13’-wide parkway improvements on the west side, 25’ of pavement, and a 5’ graded shoulder on the east side to the satisfaction of the City Engineer prior to issuance of any building permit. Improvements include but are not limited to new pavement, curb, gutter, lighting, utilities, sidewalk, signing, striping, landscape, and irrigation system.

12. Developer shall provide public utility, private access, and emergency vehicle access easements over the private roadway on the final map to the satisfaction of the City Engineer.

13. Developer shall install permanent stormwater treatment facilities upstream of any connection to City’s storm water system concurrent with construction of public improvements to the satisfaction of the City Engineer.

14. Developer shall relinquish access rights along Grant Street and future Minnesota Avenue to the City of Brentwood on the final map except approved access locations to the satisfaction of the City Engineer.

15. Developer shall form or annex into the most current street lighting and landscape maintenance assessment district for maintenance of all public street lights and landscaping within or adjacent to the project prior to final map approval.

16. Developer shall form or 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.

17. All storm drain inlets (on and off-site) shall be labeled "No Dumping - Drains To Creek" with thermoplastic pavement markings. Thermoplastic stencils may be purchased at the City's engineering department.

18. Prior to final map approval, Developer shall deposit $12,000 for the future acquisition of right-of-way on the Frisbey property in accordance with his agreement for his Residential Growth Management Program allocation.

19. The Developer shall notify all purchasers of homes or lots, either through the Department of Real Estate Subdivision Report or, if there is not a Subdivision Report, through a statement signed by each buyer and submitted to the City stating wording to the following:

a. The maintenance of the private drive providing access to all of the lots within the subdivision is the responsibility of each and every lot buyer within the subdivision.

b. PG&E operates an odorization plant across Grant Street to the north.

c. The City of Brentwood General Plan shows the realignment of Minnesota Avenue directly east of and abutting this subdivision.

d. The subdivision is located near the Union Pacific Railroad tracks to the east.

20. The developer shall comply with the Public Art Ordinance as adopted by City Council.

21. Prior to recordation of the final map, the developer shall complete at least $75,600 in reimbursable infrastructure improvements for landscape projects identified in the Community Beautification CIP budget as determined by the Parks and Recreation Director, the City Engineer, and the Community Development Director.

22. Prior to issuance of building permits, if not previously completed, the developer shall connect the existing residence on Lot 7 to the City’s sanitary sewer and water systems.

23. Prior to recordation of the final map, the developer shall execute an affordable housing agreement with the City of Brentwood.
 

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