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CITY COUNCIL AGENDA ITEM NO. 25

Meeting Date: January 11, 2005

Subject/Title: A Rezone (RZ 04-13) to amend Subarea “G” of PD-35 for a duet on Parcels A and B of Minor Subdivision No. 357-04, located at the northeast corner of Helena Way and Rampart Way

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Introduce and waive the first reading of an Ordinance approving the Rezone.

PREVIOUS ACTION
PD-35 was pre-zoned essentially for low density residential development when the area was annexed in November of 1998. As the area has developed, standards have been implemented to regulate specific projects. The development standards for Tentative Subdivision Map No. 8603 and the map itself (220 lots) were approved by the Council on October 22, 2002.

BACKGROUND
The project site consists of a lot within the Sterling Pinnacle subdivision, which is currently under construction by Meritage Homes. Since the time that entitlements were granted, the Council adopted an affordable housing ordinance. The subdivision was conditioned to comply with any adopted affordable housing ordinance at the time of building permit issuance.

In order to comply with the approved Affordable Housing Agreement for the Sterling Pinnacle subdivision, which requires a duet to be constructed on-site, the developer is requesting approval of an amendment to Subarea “G” of PD-35. At its regular meeting of December 7, 2004, by passing Resolution No. 04-80, the Planning Commission recommended on a 3-2 vote that the Council approve the rezone to facilitate compliance. The two Commissioners who voted no felt that, among other things, the affordable units (each approximately 1,250 square feet) were too small.

In order to proceed with development of the affordable duet, Subarea “G” of PD-35 needs to be amended, since the subarea was originally created to regulate detached single-family residential development only, on 8,000-square-foot plus lots. The required amendments include minimum lot size, minimum lot width, and minimum side yard setback, for Lot 13 of Tract 8603 only. All of the amendments are typical of duet developments.

FISCAL IMPACT
The developer is required to pay all relevant fees as specified in the conditions of approval for the project. The project will increase demand for the urban services that the City provides, which will result in ongoing service delivery costs associated with the project.

Attachment
Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 04-13) TO AMEND SUBAREA “G” OF PD-35 FOR A DUET ON PARCELS A AND B OF MINOR SUBDIVISION NO. 357-04, LOCATED AT THE NORTHEAST CORNER OF HELENA WAY AND RAMPART WAY (APN 019-760-009).

WHEREAS, the City of Brentwood Housing Division has requested that the City Council approve an amendment to Subarea “G” of PD-35 for a duet on Parcels A and B of Minor Subdivision No. 357-04, located at the northeast corner of Helena Way and Rampart Way; and

WHEREAS, on December 7, 2004, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 04-80 which recommends approval of the rezone; and

WHEREAS, specific development plans for a duet on said parcels have been concurrently submitted and approved by the Planning Commission (MS 357-04 and DR 03-05A), in accordance with Resolution No. 04-81; and

WHEREAS, an Initial Study and Negative Declaration were previously prepared for the overall subdivision (TSM 8603) in accordance with the California Environmental Quality Act (CEQA) and is considered a part of this review and approval process; and

WHEREAS, the 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 one additional unit to the project will have a negligible impact on the environment; and

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

WHEREAS, the City Council of the City of Brentwood considered this request at a public hearing at its regular meeting of January 11, 2005, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties; 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, and the staff report; 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 proposed amendment to PD-35 has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and
3. The proposed amendment to PD-35 is consistent with the City's Zoning Ordinance; and

4. The proposed amendment to PD-35 is consistent and compatible with other goals, policies, and implementation programs set forth in the General Plan; and

5. The proposed duet on Parcels A and B of Minor Subdivision No. 357-04, located within PD-35, Subarea “G”, will have a negligible impact on the density or design of the planned development and/or surrounding neighborhood; and

6. The proposed Rezone will facilitate implementation of the approved Affordable Housing Agreement for TSM 8603 (Sterling Pinnacle); and

7. The development of the project site, 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 is consistent with the general intent and spirit of the Zoning Ordinance and with the City's General Plan, including all relevant elements thereof; and

8. 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 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 for the General Plan are adequate for all approvals relating to the project; and

9. 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 which would necessitate recirculation of the Mitigated Negative Declaration for further public review; and

10. 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, BE IT FURTHER RESOLVED that the City Council of the City of Brentwood does hereby take the following actions:

Section 1.

Approves Rezone No. 04-13, as shown on Exhibit "A" to this Ordinance, amending Subarea “G” of PD-35.

Section 2.

Chapter 17.485 of the Brentwood Municipal Code is hereby amended for the purpose of regulating certain real property and establishing development standards for Parcels A and B of Minor Subdivision No. 357-04, as shown on Exhibit "B" to this Ordinance.
Section 3.

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

Section 4.

The amended development standards for Subarea “G” of PD-35 are hereby included as shown in Exhibit "C" 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 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.

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

Section 6.

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 _ 2005, by the following vote:

Exhibits:
Exhibit "A" – Map of area to be rezoned
Exhibit "B" – Legal description of area to be rezoned
Exhibit "C" – Amended development standards for Subarea “G” of PD-35

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO.
MAP OF AREA TO BE REZONED

EXHIBIT “B” TO
CITY COUNCIL ORDINANCE NO.
LEGAL DESCRIPTION OF AREA TO BE REZONED

EXHIBIT “C” TO
CITY COUNCIL ORDINANCE NO.
AMENDED DEVELOPMENT STANDARDS FOR SUBAREA “G” OF PD-35

17.485.011 General development standards.

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

A. Minimum Lot Size: 8,000 square feet, with the exception of Parcels A and B of Minor Subdivision No. 357-04, which shall have a minimum lot size of 5,400 square feet.
B. Minimum Lot Width: 70 feet, with the exception of Parcels A and B of Minor Subdivision No. 357-04, which shall have a minimum lot width of 55 feet.
F. Minimum Side Yard Setback: 7 feet with an aggregate of 15 feet (10 feet on the street side of corner lots), with the exception of duet units, which shall have a common side yard setback of 0 feet with an aggregate of 15 feet (10 feet on the street side of corner lots).
 

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