CITY COUNCIL AGENDA ITEM
Meeting Date: January 11, 2005
Subject/Title: Second Reading and adoption of Ordinance No. 791 for a zoning
amendment to amend Planned Development 35 (PD-35) to allow for one
affordable duplex unit within Planning Area F. This property is generally
located north of Apricot Way and west of Fairview Avenue within Tentative
Subdivision Map 8557.
Prepared by: Debbie Hill, Assistant Planner
Submitted by: Howard Sword, Community Development Director
Waive the second reading and adopt Ordinance No. 791 for a zoning amendment
to amend Planned Development 35 (PD-35) to allow for one affordable duplex
unit within Planning Area F, Lot 10 of Tentative Subdivision Map 8557.
At its meeting of December 14, 2004, the City Council introduced and waived
the first reading of Ordinance No. 791. This Ordinance adoption will enable
the developer to comply with the executed affordable housing agreement.
None. The adoption of development standards in itself does not create a
Ordinance No. 791
ORDINANCE NO. 791
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING
AMENDMENT TO PLANNED DEVELOPMENT 35 (PD-35) AMENDING CHAPTER 17.518 TO THE
BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR PD-35
BY ALLOWING ONE AFFORDABLE DUPLEX UNIT WITHIN PLANNING AREA F. THE PROPERTY
IS GENERALLY LOCATED NORTH OF APRICOT WAY AND WEST OF FAIRVIEW AVENUE WITHIN
APPROVED TENTATIVE SUBDIVISION MAP 8557.
WHEREAS, the applicant, City of Brentwood, has submitted an application for
a zoning amendment to Planned Development 35 for Subarea F, in order to
amend development standards to allow for one affordable duplex unit to
implement an executed affordable housing agreement; and
WHEREAS, a Tentative Subdivision Map (TSM 8557) and amendment to PD-35 to
subdivide the property into 28 lots was approved by the Planning Commission
on May 7, 2002, and a corresponding Design Review (DR 02-26) for the homes
for these lots was approved by the Planning Commission on July 15, 2003; and
WHEREAS, the Tentative Subdivision Map (TSM 8557) was conditioned to comply
with any City Council adopted affordable housing program; and
WHEREAS, on August 26, 2003, the City Council adopted an Affordable Housing
WHEREAS, the executed Affordable Housing Agreement necessitates a duplex
unit on a corner lot; and
WHEREAS, on November 16, 2004, the Planning Commission conducted a duly
noticed public hearing, considered public comments and passed Resolution No.
04-72 which recommended the approval of the zoning amendment for Planned
Development 35, Subarea F; and
WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared
for this project with the original approval in accordance with the
California Environmental Quality Act and were considered as a part of the
review and approval process; therefore, no further environmental review is
necessary at this time; and
WHEREAS, the Mitigated Negative Declaration identified potentially
significant environment effects associated with the proposed project which
can be feasibly mitigated or avoided, and these project measures were
included in project conditions of approval for this area 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 held a public hearing on the proposed zoning
amendment on December 14, 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 this proposed zoning
WHEREAS, after the close of the public hearing, the City Council considered
all public comments received both before and during the public hearing, the
presentation by City staff, the staff report, which includes an analysis of
the consistency of the proposed project with all other goals and policies of
the City and the General Plan, and all other pertinent goals, policies,
regulations and documents regarding the proposed zoning amendment; and
WHEREAS, the City Council of the City of Brentwood hereby makes the
following supporting findings for this application as required by Section
17.450.007 of the City Zoning Ordinance and State CEQA Guidelines:
1. The site is physically suitable for the type and the density of
2. The proposed zoning amendment is consistent with the existing City
General Plan land use designation on the subject property.
3. The proposed zoning amendment is consistent and compatible with other
goals, policies and implementation programs set forth in the General Plan.
4. The proposed zoning amendment has been processed in accordance with the
applicable provisions of the California Government Code and the California
Environmental Quality Act.
5. That the subject property regulated as a planned 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.
6. That the PD designation for the subject property presents a unified and
organized arrangement of land uses which are appropriate in relation to
adjacent or nearby properties.
7. The zoning amendment will involve areas which are abutting public streets
which will provide physical access to the project site and there is
sufficient capacity to accommodate the traffic anticipated to be generated
by development and the adjacent uses in the vicinity.
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
9. The zoning amendment will provide standards resulting in development that
is consistent and compatible with surrounding uses.
10. The zoning amendment will allow implementation of the adopted
Inclusionary Housing Program and executed affordable housing agreement.
11. That the natural and scenic qualities of the site are protected with
adequate available public and private open spaces designated on the
12. 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 Community Development
Plan, including all relevant Elements therefore, and with any applicable
Specific Plan adopted by the City.
NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain
A. Approves the zoning amendment amending development standards for Subarea
F of PD-35 as shown on the attached map identified as Exhibit “A”.
B. Amends Chapter 17.485.033 of the Brentwood Municipal Code providing
development standards for PD-35 Subarea F as reflected in Exhibit "B", which
is attached to and hereby made a part of this ordinance.
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 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 3. In accordance with Government Code Section 65863.5, upon the
effective date of this Ordinance, a copy shall be delivered to the County
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 Brentwood City Council on the 11th
day of January, 2005, by the following vote:
CITY COUNCIL ORDINANCE 791
CITY COUNCIL ORDINANCE 791
ZONING AMENDMENT TO
PLANNED DEVELOPMENT 35, SUBAREA F
17.485.033 Permitted uses.
The following uses are permitted in the PD-35 subarea F zone:
A. Those uses permitted under the R-1 zone, Section 17.130.002.
B. One duplex unit, on Lot 10 of Tentative Subdivision Map 8557, within
Planning Area F in order to comply with the City’s adopted Affordable