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CITY COUNCIL AGENDA ITEM NO. 20

Meeting Date: January 11, 2005

Subject/Title: Second Reading and adoption of Ordinance No. 792 for a zoning amendment to amend Planned Development 26 (PD-26), Planning Area 6, to create development standards for Subarea “A”. This 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
Waive the second reading and adopt Ordinance No. 792 for a zoning amendment to amend Planned Development 26 (PD-26), Planning Area 6, to create development standards for Subarea “A” in order to accommodate development for Tentative Subdivision Map 8808.

BACKGROUND
At its meeting of December 14, 2004, the City Council introduced and waived the first reading of Ordinance No. 792. This Ordinance adoption will enable the developer to move forward with his tentative subdivision map and future development of the property.

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


Exhibits:
Ordinance No. 792

ORDINANCE NO. 792

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 as shown on Exhibit B attached to and made a part hereof.

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 11th day of January, 2005, by the following vote:

Exhibits
Development Standards
Map

EXHIBIT A
CITY COUNCIL ORDINANCE NO. 792
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.

EXHIBIT B
CITY COUNCIL ORDINANCE NO. 792
 

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