CITY COUNCIL AGENDA ITEM
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
Prepared by: Debbie Hill, Assistant Planner
Submitted by: Howard Sword, Community Development Director
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.
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.
None. The adoption of development standards in itself does not create a
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
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
9. That the natural and scenic qualities of the site are protected with
adequate available public and private open spaces designated on the
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
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
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.
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 6. In accordance with Governmental 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 the Brentwood City Council on the
11th day of January, 2005, by the following vote:
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
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
CITY COUNCIL ORDINANCE NO. 792