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CITY COUNCIL AGENDA ITEM NO. 19

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
______________________________________________________________________

RECOMMENDATION
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.

BACKGROUND
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.

FISCAL IMPACT
None. The adoption of development standards in itself does not create a fiscal impact.

Exhibits:
Ordinance No. 791

ATTACHMENT

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 Ordinance; and

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 amendment; 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 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 development proposed.

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 environment.

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 development plan.

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 as follows:

Section 1.

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.

Section 2.

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 3. 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 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:

Exhibits
Map
Development Standards

EXHIBIT A
CITY COUNCIL ORDINANCE 791

EXHIBIT B
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 Housing Ordinance.
 

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