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Current Council Agenda and Past Meeting Information



Meeting Date: January 11, 2005

Subject/Title: A Rezone and creation of development standards for a 4.84-acre site, and a Tentative Subdivision Map to subdivide the site into 12 single-family residential lots, located at the southeast corner of Apricot Way and Montclair Place.

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

1. Introduce and waive the first reading of an Ordinance approving RZ 04-03 with the adoption of specific development standards for the project site.
2. Pass a Resolution approving TSM 8763 and an exception to the density transition policy, and approving the Mitigated Negative Declaration for the project.

The City Council approved an RGMP allocation for 12 units on the project site at its meeting of October 12, 2004. The Planning Commission recommended approval of RZ 04-03 and TSM 8763 at its meeting of December 7, 2004.

At its meeting of December 7, 2004, the Planning Commission considered this request to rezone the project site from R-1-10 to PD-35 with the adoption of specific development standards, and a tentative subdivision map subdividing the site into 12 single-family residential lots. At that meeting, the Commission passed Resolution No. 04-62 unanimously recommending that the City Council approve the rezone and tentative subdivision map.

The project site consists of a 4.84-acre parcel that is bounded on the north by Apricot Way, on the east by three single-family residential parcels approximately one acre in size, on the south by two single-family residential parcels approximately two acres in size, and on the west by the Ashford Park subdivision and one single-family residential parcel approximately ten acres in size. The project site is generally located south of Lone Tree Way, west of Fairview Avenue, north of Sand Creek Road, and east of the State Route 4 Bypass. The only existing structure on the site is a single-family home that was built around 1960, which will remain on the site as part of Lot 12. The site has historically been used for agricultural purposes and the majority of it is currently in use as a cherry orchard.

The parcel is zoned R-1-10, while the General Plan designates the site Low Density Residential (L), with a mid-range of 3 du/ac (dwelling units per acre). The applicant is proposing a density slightly below the mid-range, at 2.48 du/ac. The applicant is proposing to establish the following primary development standards for the subdivision:

• Minimum lot size – 9,000 square feet
• Minimum front yard – 20 feet to the garage and 15 feet to any primary building wall
• Minimum rear yard – 20 feet
• Minimum side yard – 5 feet with an aggregate of 15 feet (10 feet on the street side of corner lots) and 15 feet between houses
• Maximum building height – 2 stories not to exceed 30 feet
• Maximum lot coverage – 40%

Based on the environmental Initial Study prepared for this project, a Mitigated Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). A copy of this document is available for the Council's review in the City Clerk's reading file as well as in the Community Development Department.

The project, as designed, does not meet some of the requirements of the R-1-10 Zone (most importantly the minimum lot size of 10,000 square feet, due to the fact that three 20,000 square foot lots need to be provided in order to comply with the City’s density transition policy, as referenced in the analysis for the subdivision map that follows). The applicant is thus requesting a rezone of the project site and the establishment of development standards to accommodate the design of the project, with lots less than 10,000 square feet in size. The PD-35 Zone currently includes Subareas “A” through “H”. This project would become part of Subarea “C”.

The subdivision will be accessed from Montclair Place, which runs along the west side of the site and intersects with Apricot Way (also aligning with Fiorita Way on the north side of Apricot Way) a few hundred feet west of Fairview Avenue. There is one access point, shown as Cherry Blossom Lane, which intersects with Montclair Place (also aligning with Ashbourne Place on the west side of Montclair Place). The new street is proposed to extend eastward for approximately 100 feet before turning southward and terminating as a cul-de-sac. The existing home (Lot 12) will continue to be accessed from Apricot Way, while Lots 1-3 will be accessed from Montclair Place and Lots 4-11 will be accessed from Cherry Blossom Lane.

The proposed lot sizes (not including the existing home site) provide a mix that ranges from a minimum of 9,020 square feet (Lot 7) to a maximum of 20,082 square feet (Lot 10), with the average being 12,761 square feet. This project requires compliance with the City's density transition policy as outlined in the General Plan, which requires proposed lots facing or abutting existing residential lots of one acre or more to have a minimum area of 20,000 square feet. The policy requires that the map be reviewed and approved by the City Council. In addition, the policy allows exceptions to the required lot size, under certain circumstances and after the adoption of specified findings. One of these circumstances is that the adjacent property has a land use and/or zoning designation that would enable the future subdivision of said property into lots of a size similar to those planned in the proposed subdivision.

The areas in question for the proposed project are at the northeast and southwest corners, where Lot 11 abuts APN 019-100-013 (the Martin property) and where Lots 5-7 abut APN 019-092-034 (the Maggiora property). These properties are also designated Low Density Residential by the General Plan and are zoned R-1-10 and PD-35, respectively, both of which would permit similar lot sizes to those being proposed in this subdivision. Staff has not received any correspondence from the respective owners of these properties objecting to the proposed lot sizes and, in fact, the applicant has submitted two separate pieces of correspondence in which all of the adjacent property owners (with the exception of Maggiora) have indicated their support for the project. It should also be noted that each of the adjacent property owners have been notified of the project as a result of the City's public hearing notice process. Staff has included a finding in the attached resolution addressing the density transition issue.

There are four existing single-family residential parcels adjacent to the east and south boundaries of the subdivision that are designated and zoned for Ranchette Estate development, with a minimum lot size of one acre. The proposed lots adjacent to these parcels (Lots 8-10) are each at least 20,000 square feet in size, which meets the requirement of the density transition policy.

The applicant is required to pay all relevant fees as specified in the conditions of approval for the Tentative Subdivision Map. The project, once developed, would generate additional property tax for the City. The project will also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with the new neighborhood.




WHEREAS, The Mark Pringle Company, LLC has requested that the City approve a rezone from R-1-10 to PD-35, a tentative subdivision map to subdivide a 4.84-acre site into 12 single-family residential lots, and a design review for 4 house plans, located at the southeast corner of Apricot Way and Montclair Place; and

WHEREAS, on December 7, 2004, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 04-62, which recommended approval of the rezone and tentative subdivision map; and

WHEREAS, the Planning Commission concurrently reviewed and conditionally approved the design review; and

WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared for this project in accordance with the California Environmental Quality Act (CEQA) and are considered 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, the availability of said environmental document for the minimum 20-day public review and comment period was begun on June 25, 2004, and ended on July 15, 2004, and no comments were received during the review period; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood News on June 25, 2004, and again on December 31, 2004, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed rezone and specific development standards on January 11, 2005, for the purpose of reviewing the application, considering the Planning Commission's action and considering all comments made by the public with respect to the request; 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 Planning Commission recommendation, the presentation by City staff, the staff report, and all other pertinent goals, policies, regulations, and documents regarding the proposed rezone and specific development standards; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.870.008 of the City Zoning Ordinance:
1. The site is physically suitable for the type and the density of development proposed; and

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

3. The proposed rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

4. The proposed rezone will establish clear development standards for the uses permitted under the General Plan, Zoning Ordinance, and conditionally approved Tentative Subdivision Map No. 8763; and

5. The proposed rezone will provide standards resulting in development that is consistent and compatible with surrounding uses; and

6. The proposed rezone will provide for adequate public uses and private open space; and

7. The subdivision will generate a level of traffic that can be accommodated by the public circulation system, existing or planned; and

8. The project will 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); and

9. 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; and

10. The proposed rezone is on property that has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any traffic generated by the development; and

11. 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 adequate landscaping and/or screening is included if necessary to ensure compatibility; and

12. The natural and scenic qualities of the site are protected, with adequate available public and private open spaces designated on the development plan; and

13. 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 consistent with the Zoning Ordinance and with the City's General Plan, including all relevant Elements thereof, and with any applicable Specific Plan adopted by the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds and determines as follows:

1. That the Mitigated Negative Declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

2. Pursuant to Sections 15162 and 15168(c) 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 2001 and 1993 City of Brentwood General Plan. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on 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 to supplement and strengthen the Program EIR 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's for the 2001 and 1993 General Plan are adequate for all approvals relating to the project; and

3. The City Council further finds that no significant new information within the meaning of Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City that would necessitate re-circulation of the Mitigated Negative Declaration for public review. The City Council has considered all verbal and written comments relating to the Mitigated Negative Declaration and finds no significant new information has arisen.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:

Section 1.

Adopts the Mitigated Negative Declaration prepared for this project and directs staff to file the Notice of Determination with the Contra Costa County Clerk.

Section 2.

The 4.84-acre site, as shown on Exhibit "A" to this Ordinance, is hereby rezoned from R-1-10 to PD-35 for single-family residential development.

Section 3.

Directs staff to make the necessary change to the City Zoning Map.

Section 4.

Chapter 17.485 of the Brentwood Municipal Code is hereby amended for the purpose of regulating certain real property and establishing development standards for Tentative Subdivision Map No. 8763, as shown on Exhibit "B" to this Ordinance.

Section 5.
Chapter 17.485 is hereby known as the Planned Development No. 35 Zone.

Section 6.

Development standards for Tentative Subdivision Map No. 8763 are hereby included as shown in Exhibit "C" attached hereto and made a part of this Ordinance.

Section 7.

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

B. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

Section 8.

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

And was adopted at a regular meeting of the Brentwood City Council on the _ day of _, by the following vote:

Exhibit "A" – Map of area to be rezoned
Exhibit "B" – Legal description of area to be rezoned
Exhibit "C" – Development standards for PD-35




CHAPTER 17.485




The authority, purpose and intent for the adoption of the PD-35 (Planned Development No. 35) Zone, Subarea “C”, as shown on Attachment "A", are as follows:

A. Authority: The PD-35 Zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. Purpose: The purpose of the PD-35 Zone, Subarea “C”, is to permit and regulate the orderly development of approximately 23 acres located generally on the south side of Apricot Way and west of Fairview Avenue with low density residential uses in accordance with the Brentwood General Plan.

C. Intent: The intent of creating the PD-35 Zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties.

17.485.014 PERMITTED USES:

The following uses are permitted in the PD-35 Zone, Subarea “C”:

A. Those uses permitted under the R-1 Zone, Section 17.130.002.


Upon obtaining a Conditional Use Permit pursuant to Chapter 17.830, the following uses are permitted:

A. Those uses permitted under the R-1 Zone, Section 17.130.003.


All permitted and conditionally permitted uses developed within the PD-35 Zone, Subarea “C”, shall comply with the following regulations:

A. Minimum Lot Size: 9,000 square feet

B. Minimum Lot Width: 80 feet

C. Minimum Lot Depth: 110 feet, except that lots on cul-de-sacs shall have a minimum depth of 85 feet

D. Minimum Lot Frontage: 40 feet at the front property line

E. Minimum Front Yard Setback: 20 feet to the garage, except 15 feet for turned garages and 15 feet to any living space

F. Minimum Side Yard Setback: 5 feet, with an aggregate of 15 feet. Corner lots shall maintain a minimum street side setback of 10 feet. A minimum of 15 feet shall be maintained between houses.

G. Minimum Rear Yard Setback: 20 feet

H. Architectural features (such as cornices, eaves, bay windows, fire places and porches) measuring 2 feet by 5 feet or less may project into any required setback. Any architectural feature greater than 2 feet by 5 feet may not project into any required setback. No portion of the house shall be less than 10 feet from the front property line.

I. Maximum Building Height: 30 feet and 2 stories

J. Side Loading Garage: 10% of the lots shall have side-loading garages

K. A minimum of 25% of the lots shall have single-story units

L. 50% of the corner lots shall have single-story units

M. Maximum Lot Coverage: 40%

N. Maximum Number of Dwelling Units: 67

O. Garages at the rear of the lot shall have a minimum rear and side yard of 5 feet

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