City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: February 22, 2005

Subject/Title: Public Hearing: Rezone of 20 acres, certification of the FEIR, PD-44 amendment and deviation of the Density Transition Policy for the Pinn Brothers Marseilles Project.

Prepared by: J. Zilm, Senior Planner

Submitted by: H. Sword, Director, Community Development Department

RECOMMENDATION
Introduce and waive the first reading for the following:

• An Ordinance approving the rezone of roughly 20 acres from R-1-6 to Planned Development Zone No. 44 (PD-44), the certification of the Final Environmental Impact Report and adoption of the Mitigation Measures and Reporting Plan, and the amendment of Planned Development No. 44 to include development standards for the 78 acre Marseilles project site; and

• A Resolution approving a deviation of the Density Transition Policy allowing Lot Nos. 136, 137, 152, and 153 of Tentative Subdivision Map No. 8729 to be reduced from the required lot minimum size of 20,000 sq. ft. down to 15,460 sq. ft. (Lot 136), 11,947 sq. ft (Lot 137), 11,991 sq. ft. (Lot 152), and 16,477 sq. ft. (Lot 153).

PREVIOUS ACTION
In January 2003 the Marseilles Project by Pinn Brothers was before the City Council RGMP-Housing Subcommittee for review and approval of the RGMP allotment for the project. After much discussion by the Subcommittee the project received a score of 115 points out of a possible of 240 points and the Subcommittee’s recommendation to the City Council for approval of the RGMP allotments.

On February 25, 2003 the Marseilles Project was before the City Council for approval of the Project’s RGMP allotments. Once again after much discussion the Council voted (by a 3 -1-1 vote) to approve the Marseilles Project RGMP allotments for a maximum of 580 dwelling units allowing the developer to proceed to the Planning Commission for review of the entitlements for their project.

The General Plan policy for this area is to provide compatible uses and lot sizes adjacent to the existing larger lots along the Marsh Creek channel and Griffith Lane and have them serve as buffer to the higher density residential development proposed in the eastern portion of the SPA. Higher residential densities are planned in this SPA in order to take advantage of the areas proximity to downtown jobs and services and due to the close proximity of the Walnut Boulevard and Central Boulevard arterial roadways. The suggested land use breakdown with density, as stated in the General Plan, is as follows:

• Low Density Residential (1–5 du/ac, midrange 3 du/ac) – 20 acres (20-100 du/ac, midrange 60 du/ac)

• Medium Density Residential (5-11 du/ac, midrange 8 du/ac) – 38 acres (190-418 du/ac, midrange 304 du/ac)

• High Density Residential (11-20 du/ac, midrange 15 du/ac) – 19 acres (209-380 du/ac, midrange 285 du/ac)

The General Plan’s midrange unit per acre count would allow for a total of 649 units, the applicant is proposing to build 568 units or 81 units under the midrange.

BACKGROUND
The project would be for a mixed residential use development on 78 acres of land to include up to a maximum of 460 single-family residential units and 108 apartment units for a total unit count of 568 units. The multi-family complex would consist of five buildings and would be located along the eastern border of the project site, north of Central Boulevard. The applicant is requesting a Tentative Map (TSM 8729) to subdivide approximately 78 acres into a total of 460 residential lots, one lot for a 108 unit apartment complex, 9.22 acres of open space, which includes a tot lot; a linear parkway; a trail system connecting the entire community to the park areas and citywide trails; and a 2,700 sq. ft. recreation building.

The proposed project includes a rezone of roughly 20 acres located south of Central Boulevard. This area is currently zoned as R-1-6 (6,000 sq. ft. minimum lot size) Single Family Residential and will need to be rezoned to Planned Development No. 44 in order to be consistent with the rest of the proposed project and the General Plan Land Use Designations. This area is designated for Neighborhoods 5 and 6 of the Marseilles Project.

The purpose of the PD-44 Zone is to permit and regulate the orderly development of this area in accordance with the Brentwood General Plan for up to a maximum of 460 single-family residential units and 108 multi-family residential units with development standards for each neighborhood.

The City of Brentwood has designated this site as Planned Development No. 44 in order to allow enough flexibility to develop a mix of low, medium and high residential densities to provide a wide variety of housing types and styles. The intent of the planning area is to provide compatible uses adjacent to the existing larger lots along Marsh Creek channel and Griffith Lane by buffering them from higher density residential development in the eastern portion of PD-44. Higher residential densities are planned in this planned development in order to take advantage of the areas proximity to downtown jobs and services and due to the close proximity of Walnut Boulevard and Central Boulevard arterial roadways.

The City’s General Plan design objectives for this area are to:

• Utilize open space buffers to provide a transition between Marsh Creek and future residential development.

• Provide sufficiently large lots along the east side of Griffith Lane to provide compatibility with the existing residences west of this Planned Development area located on the west side of Griffith Lane.

• Locate high residential densities north of Central Boulevard and west of the Union Pacific railroad tracks.

• Develop a park site to serve the medium and high residential density homes.

• Provide trail connections to serve the neighborhood, buffer the railroad tracks, and provide access between Marsh Creek Trail and future homes.

Section 2.1.2 Subsection C.2 Density Transition of the City’s General Plan Goal 2: Quality Residential states that it shall be City policy to require buffer lots in new residential developments that abut or face existing large lots as follows: Proposed lots facing or abutting existing residential lots zoned Ranchette Estate (RE) or of one acre or more shall have a minimum area of 20,000 square feet. It goes on to say in Subsection “d” that at the discretion of the Planning Commission during the tentative subdivision map review process, the density transition policy may be modified, following the adoption of specified findings under the following circumstances:

1. When adjacent property has a land use and or zoning designation that would enable the future subdivision of the adjacent property into lots of a size similar to those planned in the proposed subdivision even though the property owner has no present intentions to subdivide their property.

2. When the adjacent property owner is or will be separated by at least 120 feet of right-of-way or a proposed arterial street that includes a 30 foot wide parkway.

3. When the adjacent property is separated by a natural or man-made barrier (i.e., a creek, streambed, river, drainage basin, canal or similar passageway).

When there is a proposal to deviate from the density transition policy, the developer shall make a good faith effort to acquire a letter from all neighboring and or affected parcel owners outlining their positions, either in favor of or in opposition to the modification in the density transition policy. The applicant has met with all five of the property owners, along Griffith Lane, and has agreements in principal from four of these five owners. The fifth property owner and the applicant have met several times and have not been able to reach any consensus as to the size of the lot across from their property.

This project is asking to modify the density transition policy to allow for lots less than 20,000 sq. ft. abutting and across from existing one acre residential lots. This project will affect three existing one-acre residential lots and two less than one-half acre residential lots. There will be two lots, Lot 170 (17,458 sq. ft.) and Lot 171(10,024 sq. ft.) which abut an existing one acre lot. There will be four lots, Lot 136 (15,460 sq. ft.), Lot 137 (11,947 sq. ft.), Lot 152 (11,991 sq. ft.), and Lot 153 (16,477 sq. ft.) which will be across a residential street from the existing residential lots along Griffith Lane. Originally the applicant had shown ten lots, averaging roughly 6,000 sq. ft. in size, along Griffith Lane. After hearing comments from the existing residents, the Planning Commission required that the applicant make the proposed lots, north of Central Boulevard, at least 9,000 sq. ft. in size to be consistent with the lot sizes being proposed along Griffith south of Central Boulevard and address the existing residents concerns. The applicant has gone one step further and is proposing the above-mentioned lot sizes, which are substantially larger than that requested by the Planning Commission, to help ease the concerns of the existing residents and create a housing product that is compatible with the existing residential homes.

The PD-44 Zone is intended to describe the project which will provide private distinguished neighborhoods. The residential components include single and two story homes, apartment units and a recreation center. The six (6) neighborhoods addressed in the planned development that need development standards assigned to them are as follows:

NH1. Multi-Family Residential
1. Minimum Parcel Size:
• 3.9 acres.

2. Minimum building setback from face of curb – internal streets:
• Seven (7) feet from face of curb at parking stall off private driveway.

3. Minimum building setback from interior property lines:
• Five (5) feet.

4. Minimum building setback from face of curb of public street:
• Twenty-five (25) feet.

5. Minimum private open space:
• One hundred (100) s.f. patio with a ten (10) foot minimum dimension or a fifty (50) s.f. deck with a minimum dimension of five (5) feet.

6. Common Open Space:
• Fifty (50) s.f. of common open space per dwelling unit. The minimum dimension of any space satisfying this standard is ten (10) feet. This common open space shall be improved for either passive or active use by the residents.

7. Maximum building height:
• Forty-five (45) feet.

8. Maximum stories:
• Three (3) stories.

9. Required parking:
• Two (2) spaces per 3 bedroom unit.
• Two (2) spaces per 2 bedroom unit.
• Two (2) spaces per 1 bedroom unit.
• One and one half (1.5) spaces per studio unit.

10. Maximum residential density:
• Thirty (30) units per acre.

NH2. Single Family Residential
1. Minimum Lot Area:
• The minimum lot area shall be 1,512 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be twenty-eight (28) feet.

3. Minimum Lot Depth:
• The minimum lot depth shall be fifty-four (54) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of six (6) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be three (3) feet three (3) inches as measured from the property line to the building foundation.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots shall be a minimum of two and one-half (2-1/2) feet as measured from the property line to the building foundation.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code 17.660, except that in no circumstances shall any portion of the house be less than three (3) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed thirty-two (32) feet.

NH3. Single Family Residential (Courtyard Cluster Homes)
1. Minimum Lot Area:
• The minimum lot area shall be 3,050 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be fifty (50) feet.

3. Minimum Lot Depth:
• The minimum lot depth shall be sixty (60) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of twelve (12) feet for homes fronting public streets; for cluster homes at the rear of the cluster the minimum front yard setback shall be four (4) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be three (3) feet as measured from the property line to the building foundation.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots at the rear of the cluster shall be fifteen (15) feet; for homes fronting public streets the minimum rear yard setback shall be a minimum of four (4) feet as measured from the property line to the building foundation.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code17.660, except that in no circumstances shall any portion of the house be less than three (3) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed twenty-five (25) feet.

NH4. Single Family Residential
1. Minimum Lot Area:
• The minimum lot area shall be 2,532 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be thirty (30) feet.

3. Minimum Lot Depth:
• The minimum lot depth shall be eighty-three (83) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of fifteen (15) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be three (3) feet inches as measured from the property line to the building foundation.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots shall be a minimum of nine (9) feet as measured from the property line to the building foundation.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code17.660, except that in no circumstances shall any portion of the house be less than three (3) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed twenty-six (26) feet.

NH5. Single Family Residential
1. Minimum Lot Area:
• The minimum lot area shall be 4,000 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be fifty (50) feet.

3. Minimum Lot Depth:
• The minimum lot depth shall be eighty (80) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of twelve (12) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be four (4) feet as measured from the property line to the building foundation.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots shall be a minimum of fifteen (15) feet as measured from the property line to the building foundation, except garage wall of Plan 3, which is six (6) feet.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code17.660, except that in no circumstances shall any portion of the house be less than three (3) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed thirty (30) feet.

10. The setbacks for the below market rate triplex are:
• Front – minimum twelve (12) feet;
• Sides – minimum five (5) feet;
• Rear – minimum twenty-five (25) feet.

NH6. Single Family Residential
1. Minimum Lot Area:
• The minimum lot area shall be 8,000 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be seventy-two (72) feet.

3. Minimum Lot Depth:
• The minimum lot depth shall be one hundred (100) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of fifteen (15) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be seven (7) feet as measured from the property line to the building foundation.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots shall be a minimum of fifteen (15) feet as measured from the property line to the building foundation, except for Lot 41, which is five (5) feet.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code17.660, except that in no circumstances shall any portion of the house be less than five (5) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed thirty (30) feet.

10. The setbacks for the below market rate duet are:
• Front – minimum seventeen (17) feet;
• Sides – minimum five (5) feet;
• Rear – minimum twenty-two (22) feet.

11. The setbacks for the below market rate triplex are:
• Front – minimum twelve (12) feet;
• Sides – minimum five (5) feet;
• Rear – minimum eleven (11) feet.

NH7. Single Family Residential
1. Minimum Lot Area:
• The minimum lot area shall be 9,000 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be eighty (80) feet, with the exception of sixty-seven (67) feet only on Lot 269.

3. Minimum Lot Depth:
• The minimum lot depth shall be one hundred (100) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of fifteen (15) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be seven (7) feet as measured from the property line to the building foundation.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots shall be a minimum of fifteen (15) feet as measured from the property line to the building foundation.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code17.660, except that in no circumstances shall any portion of the house be less than five (5) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed thirty (30) feet.

FISCAL IMPACT
The applicant will be required to pay all relevant fees as specified in the Development Agreement and the conditions of approval for the Marseilles Project. The project, once developed, would generate additional property tax for the City of Brentwood. The project would also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with this project.

Attachments:
Ordinance
Resolution
Project Site Plan

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF BRENTWOOD’S CITY COUNCIL RECOMMENDING THE REZONE OF ROUGHLY 20 ACRES FROM R-1-6 TO PLANNED DEVELOPMENT ZONE NO. 44 (PD-44), THE CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPT A MITIGATION MONITORING AND REPORTING PLAN AND THE AMENDMET OF PLANNED DEVELOPMENT NO. 44 TO INCLUDE DEVELOPMENT STANDARDS FOR THE 78 ACRE MARSEILLES PROJECT, LOCATED NORTH OF CENTRALL BOULEVARD, WEST OF THE UNION PACIFIC RAILROAD TRACKS AND EAST OF GRIFFITH LANE.

WHEREAS, the applicant has applied to rezone roughly 20 acres from R-1-6 to PD-44 and amend PD-44 to include the development standards for the Marseilles project and a Tentative Subdivision Map application for a proposed mixed use planned development as shown and described in the application materials for the Marseilles project submitted to the City; and

WHEREAS, the applicant has filed an application to rezone roughly 20 acres from R-1-6 to PD-44 and amend PD-44 to establish specific regulations and standards for the development and use of the site consistent with the project as shown and described in the companion Design and Site Development Review and Tentative Subdivision Map applications filed by the applicant, and;

WHEREAS, the applicant has applied for approval of the site plan for the Project, which would generally include residential, recreational center, parks, and open space, and;

WHEREAS, the City of Brentwood determined that an Environmental Impact Report (EIR) should be prepared to analyze both the potential impacts and any necessary mitigation measures for the Marseilles Project; and

WHEREAS, the EIR evaluates impacts, mitigation, and alternatives at the project level for the Marseilles project; and;

WHEREAS, a Notice of Preparation was circulated per CEQA prior to preparation of the EIR; and

WHEREAS, a Draft EIR was prepared per CEQA, and all comments in response to the NOP were incorporated into the Draft EIR; and

WHEREAS, the Draft EIR has been circulated to the State Clearinghouse, all relevant agencies and interested parties for a 45 day public comment period, per CEQA; and

WHEREAS, all comments received during the public comment period and written responses to those comments, taken together with the Draft EIR, constitute the Final EIR, per CEQA; and

WHEREAS, the City has prepared a Final Environmental Impact Report (“FEIR”), July 2004, State Clearinghouse No. 2003102062, for the Project which consists of the Marseilles Project Draft Environmental Impact Report, February 2004, State Clearinghouse No. 2003102062, which analyzes and evaluates the project in accordance with the requirements of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq, and;
WHEREAS, the City has prepared a Mitigation Monitoring and Reporting Plan (“MMRP”) which includes the mitigation measures proposed for adoption as conditions of approval to the Marseilles Project, and;
WHEREAS, at a duly noticed public hearing on January 18, 2005, the City of Brentwood’s Planning Commission passed Resolution No. 04-84 in which it certified the Final Environmental Impact Report and adopted a Mitigation Monitoring and Reporting Plan, and;

WHEREAS, on January 18, 2005, the Planning Commission held a duly noticed public hearing to consider;
1. Certification of the FEIR,
2. Adoption of the MMRP,
3. Recommendation of the Planned Development No. 44 Amendment and the Rezone of roughly 20 acres from R-1-6 Single Family Residential to PD-44 to the City Council for the Marseilles project;
4. Design and Site Development Review and Approval and Tentative Map Approval for the Marseilles project, and;
WHEREAS, after consideration of the record in these proceedings, including the testimony, exhibits and materials presented at the hearing, the City Council hereby makes the following findings and takes the following actions:
1. The foregoing recitals are true and are incorporated herein by this reference.
2. The City Council has reviewed and considered the FEIR. The FEIR reflects the independent judgment and analysis of the City Council. The City Council hereby certifies that the FEIR is adequate and objective and complies with CEQA.
3. The City Council has reviewed and considered the FEIR as a part of its review of each of the Project applications described above. These findings – and the FEIR, incorporated herein by this reference – summarize the environmental determinations of the FEIR about project impacts before and after mitigation and the potential impacts of alternatives. These findings do not attempt to describe the full analysis of each environmental impact contained in the FEIR. Instead, these findings, provide a summary description of the impacts, describe the applicable mitigation measures identified in the FEIR and adopted by the City Council, and state the City Council’s findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of the environmental findings and conclusions can be found in the FEIR and these findings incorporate by reference the discussion, analysis and conclusions in the FEIR supporting the FEIR’s determinations regarding mitigation measures and the project’s impacts. In making these findings, the City Council ratifies, adopts and incorporates in these findings the determinations and conclusions of the FEIR relating to mitigation measures and environmental impacts, except to the extent any such determinations or conclusions are specifically and expressly modified by these findings. In the event these findings omit or fail to accurately reflect the FEIR’s analysis of an environmental impact, the language of the FEIR as set forth in the FEIR shall control, unless that language has been specifically and expressly modified by these findings.
4. The FEIR identifies the potentially significant environmental effects associated with the Project and proposes mitigation measures to avoid or substantially lessen potentially significant effects. These potential environmental impacts from the proposed project are set forth in the DEIR and the FEIR. The DEIR and FEIR identifies the potential environmental impacts of the proposed project and identifies the level of significance of each impact prior to mitigation as either No Impact, or a Significant Impact.
5. The FEIR identifies mitigation measures for those impacts that are potentially significant so as to avoid or minimize the impact. Those mitigation measures are likewise identified in DEIR. The FEIR identifies the mitigation measures designed to address each potentially significant or significant impact, describes the nature of each measure, and the identifies whether, after mitigation, the impact will be reduced to a Less Than Significant level or remains a Significant and Unavoidable Impact. The mitigation measures included in FEIR are also included in the MMRP.
6. The City Council hereby adopts all of the mitigation measures set forth in the FEIR relating to the Marseilles project. The City Council intends to adopt each of the mitigation measures proposed in the FEIR for which the City is identified in the MMRP as a responsible party. In the event a mitigation measure recommended in the FEIR for which the City is a responsible party has inadvertently been omitted, said mitigation measure is hereby adopted and incorporated in the findings below by reference. In addition, in the event the language of the mitigation measures set forth in FEIR and relating to the Marseilles project fails to accurately reflect the mitigation measures in the FEIR due to a clerical error, the language of the mitigation measure as set forth in the FEIR shall control, unless the language of the mitigation measure has been specifically and expressly modified by these findings.
7. In several comments on the Draft EIR, various measures were suggested by commenters as proposed additional mitigation measures or modifications to the EIR’s proposed mitigation measures. Several mitigation measures were modified in response to such comments and other mitigation measures were added to the Final EIR in response to such comments. With respect to the additional mitigation proposals contained in comments that were not accepted by the FEIR, the City Council hereby adopts and incorporates by reference the reasons set forth in the response to comments contained in the FEIR as its grounds for rejecting adoption of these mitigation measures.
8. Except as expressly determined to the contrary below, the mitigation measures proposed in the FEIR and included in the MMRP will avoid or reduce to a less than significant level all of the potentially significant environmental effects identified in the FEIR. Each of the mitigation measures either requires specific action, or establishes performance standards which must be met. Where performance standards are established for a particular effect, the FEIR identifies one or more alternative measures, each of which has been demonstrated through use in the City of Brentwood and elsewhere to reduce the effect to a less than significant level. For those mitigation measures relating to the Marseilles project containing performance standards, these performance standards are imposed by the City Council. However, through the MMRP, the Council has delegated authority to monitor compliance with the performance standards to appropriate City staff.
9. All of the mitigation measures relating to the Marseilles project are capable of implementation and enforcement by the City of Brentwood.
10. The City Council hereby adopts the MMRP. Compliance with all of the mitigation measures identified in FEIR relating to the Marseilles project will be included in the Project conditions of approval. All significant environmental effects except as identified below will therefore be reduced to an acceptable level in that all such effects that can feasibly be avoided will be avoided or reduced to a level of insignificance.
11. The FEIR also evaluates and evaluates and compares alternatives to the Marseilles project. The alternatives analysis includes an analysis of a No Project Alternative and identifies the environmentally superior alternative. The Draft EIR examined the feasibility of each alternative, the environmental impacts of each alternative, and the ability of each alternative to meet the project objectives identified in Sections 5-1 of the Draft EIR.
12. The City Council has independently reviewed and considered the information on alternatives provided in the FEIR and the record of proceedings. The FEIR sets forth a reasonable range of feasible alternatives to the Marseilles project sufficient to foster informed public participation and informed decision making and to permit a reasoned choice. This Council further finds that the FEIR adequately discusses and evaluates the comparative merits of the alternatives.
13. The EIR evaluates and considered the following alternatives:
a. Alternative 1: No Project, No Development Alternative
b. Alternative 2: Low Density Alternative
c. Alternative 3: High Density Alternative

14. Because it would result in no changes to the Marseilles project site would leave those lands in their current vacant and undeveloped state, the No Project, No Development Alternative (Alternative 1) would result in no potentially significant impacts. However, the No Project, No Development Alternative also would not meet any of the project objectives identified in the Draft EIR. The proposed project is superior to the No Project, No Development Alternative because it would fulfill the many project objectives that the No Project alternative cannot achieve. The proposed project would help Brentwood to meet its fair share of housing needs, provide a mix of housing types, and provide for urban development within the Urban Limit Line.
15. The Low Density Alternative (Alternative 2) would result in a lower density residential development that would provide less housing than the proposed project, including no multi-family residences apartments. Because it would require similar amounts of grading and construction as the proposed project, Alternative 2 would result in impacts similar to those from the proposed project as to many resources. Yet Alternative 2 would not satisfy many of the project objectives identified in the Draft EIR. It would provide a narrower range of housing types than the proposed project and would not include multi-family residences. The proposed project is superior to Alternative 2 because, with mitigation, it does not result in substantially greater environmental impacts than would Alternative 2, yet it meets more of the project objectives than Alternative 2. It provides a greater range of housing for various income levels.
16. The High Density Alternative (Alternative 3) would still develop the project site, but in accordance with the highest density of residential units allowed on the project site under the current General Plan Land Use Designations. Using the designations and densities set forth by the General Plan, under the High Density Alternative, the project site could be developed with 834 residential units, a central park and swimming pool and open space and trails bordering the site.
17. The FEIR determined that the Low Density Alternative (Alternative 2) was the environmentally superior alternative. However, the Low Density Alternative would not satisfy the project objectives and therefore is not feasible.
18. Setting aside the Low Density Alternative, the proposed project is the environmentally superior alternative. Each of the remaining alternatives has some potential environmental advantages when compared to the proposed project and each also has some potential environmental disadvantages when compared to the project, as described in the EIR. As under the proposed project, the operational and cumulative air quality impacts under each of the alternatives would be significant and unavoidable. On the whole, for the reasons discussed above and for the reasons stated in the EIR, none of the alternatives has sufficient environmental advantages when compared to the project as proposed to overcome: (a) the relative infeasibility of the alternative; and/or (b) the inability of the alternative to satisfy the project objectives to the same extent as the proposed project.
19. The documents and other materials that constitute the record of proceedings on which the City Council has based these findings and this resolution are located at the Community Development Department, 104 Oak Street, Brentwood, California 94513. The custodian of these documents is the Community Development Director.
WHEREAS, a Notice of Public Hearing on this application for approval of the rezoning of roughly 20 acres from R-1-6 to PD-44, amendment to PD-44 and the deviation of the Density Transition Policy was legally advertised in the Brentwood-Press on February 11, 2005, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091.

WHEREAS, on February 22, 2005, the City Council conducted a duly noticed public hearing on this application for approval of the rezoning of roughly 20 acres from R-1-6 to PD-44 and amendment to PD-44, and has reviewed and considered all of the evidence in the record of these proceedings, including the FEIR, the MMRP, and the testimony and exhibits presented during the public hearing.

Based on the foregoing, the City Council hereby finds as follows:

1. The foregoing recitals are true and are incorporated herein by reference.
2. Ordinance No. ____ is incorporated herein by reference.
Based on the foregoing, the City Council further finds that the proposed rezoning and amendment to PD-44:

1. Is consistent with and implements the intent of the General Plan as amended.

2. Will be consistent with and establish clear development standards for the uses permitted under the General Plan.

3. Will provide standards resulting in development that is consistent and compatible with surrounding uses.

4. Will provide for adequate public uses and private open space.

5. Will generate a level of traffic that can be accommodated by the public circulation system, existing or planned.

6. 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).

7. That the proposed Project 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.

8. That the PD-44 Zone 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 development consistent with the proposed PD-44 Standards.

9. That the site plan for the proposed Project 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.

10. That the natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the proposed development plans for the Project.

11. That the development of the Project, 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 thereof.

12. The FEIR and the MMRP are adequate for and applicable to all approvals relating to the Project.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves the rezone of roughly 20 acres from R-1-6 Zone to Planned Development No. 44 Zone and amends the PD-44 Zone to include development standards for the entire 78 acre Marseilles Project as follows:

Chapter 17.495
PD-44 (Planned Development No. 44) Zone

Sections:

17.495.001 – Authority and Purpose
17.495.002 – Permitted Uses
17.495.003 – Conditionally Permitted Uses
17.495.004 – Development Standards for Neighborhoods 1 through 7
17.495.005 – Other Regulations

17.495.001 The authority and purpose for the adoption of the PD-44 (Planned Development Forty-four) zone are as follows:

Authority: PD-44 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations of the Brentwood Municipal Code.

Purpose: The purpose of the PD-44 zone is to permit and regulate the development of single and multi-family attached and detached homes and public uses in accordance with the Brentwood General Plan.

17.495.002 Permitted Uses
Permitted uses in PD-44 are those uses permitted under Chapter 17.100 Residential Zones.

17.495.003 Conditionally Permitted Uses
Conditionally permitted uses are those uses identified in Section 17.130.003 which are subject to the granting of a conditional use permit by the City.

17.495.004 Development Standards for Neighborhoods 1 through 7

NH1. Multi-Family Residential
1. Minimum Parcel Size:
• 3.9 Acre site.

2. Minimum building setback from face of curb – internal streets:
• Seven (7) feet from face of curb at parking stall off private driveway.

3. Minimum building setback from interior property lines:
• Five (5) feet.

4. Minimum building setback from face of curb of public street:
• Twenty-five (25) feet.

5. Minimum private open space:
• One hundred (100) s.f. patio with a ten (10) foot minimum dimension or a fifty (50) s.f. deck with a minimum dimension of five (5) feet.

6. Common Open Space:
• Fifty (50) s.f. of common open space per dwelling unit. The minimum dimension of any space satisfying this standard is ten (10) feet. This common open space shall be improved for either passive or active use by the residents.

7. Maximum building height:
• Forty-five (45) feet.

8. Maximum stories:
• Three (3) stories.

9. Required parking:
• Two (2) spaces per 3 bedroom unit.
• Two (2) spaces per 2 bedroom unit.
• Two (2) spaces per 1 bedroom unit.
• One and one half (1.5) spaces per studio unit.

10. Maximum residential density:
• Thirty (30) units per acre.

NH2. Single Family Residential
1. Minimum Lot Area:
• The minimum lot area shall be 1,512 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be twenty-eight (28) feet.

3. Minimum Lot Depth:
• The minimum lot depth shall be fifty-four (54) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of six (6) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be three (3) feet three (3) inches as measured from the property line to the building foundation.
6. Minimum Rear Yard Setback:
• The rear yard setback for lots shall be a minimum of two and one-half (2-1/2) feet as measured from the property line to the building foundation.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code 17.660, except that in no circumstances shall any portion of the house be less than three (3) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed thirty-two (32) feet.

NH3. Single Family Residential (Courtyard Cluster Homes)
1. Minimum Lot Area:
• The minimum lot area shall be 3,050 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be fifty (50) feet.

3. Minimum Lot Depth:
• The minimum lot depth shall be sixty (60) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of twelve (12) feet for homes fronting public streets; for cluster homes at the rear of the cluster the minimum front yard setback shall be four (4) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be three (3) feet as measured from the property line to the building foundation.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots at the rear of the cluster shall be fifteen (15) feet; for homes fronting public streets the minimum rear yard setback shall be a minimum of four (4) feet as measured from the property line to the building foundation.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code17.660, except that in no circumstances shall any portion of the house be less than three (3) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed twenty-five (25) feet.

NH4. Single Family Residential
1. Minimum Lot Area:
• The minimum lot area shall be 2,532 square feet.
• The minimum lot area for the lots abutting the east side of Griffith Lane shall be 9,000 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be thirty (30) feet.

3. Minimum Lot Depth:
• The minimum lot depth shall be eighty-three (83) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of fifteen (15) feet.
• The standard building setback for the 9,000 sq. ft. lots along Griffith Lane shall be twenty-five (25) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be three (3) feet inches as measured from the property line to the building foundation.
• The minimum side yard setback for the 9,000 sq. ft. lots along Griffith Lane shall be five (5) feet with a total setback of fifteen (15) feet.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots shall be a minimum of nine (9) feet as measured from the property line to the building foundation.
• The rear yard setback for the 9,000 sq. ft. lots along Griffith Lane shall be a minimum of twenty (20) feet from property line to the building foundation.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code17.660, except that in no circumstances shall any portion of the house be less than three (3) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed twenty-six (26) feet.

NH5. Single Family Residential
1. Minimum Lot Area:
• The minimum lot area shall be 4,000 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be fifty (50) feet.

3. Minimum Lot Depth:
• The minimum lot depth shall be eighty (80) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of twelve (12) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be four (4) feet as measured from the property line to the building foundation.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots shall be a minimum of fifteen (15) feet as measured from the property line to the building foundation, except garage wall of Plan 3, which is six (6) feet.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code17.660, except that in no circumstances shall any portion of the house be less than three (3) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed thirty (30) feet.

10. The setbacks for the below market rate triplex are:
• Front – minimum twelve (12) feet;
• Sides – minimum five (5) feet;
• Rear – minimum twenty-five (25) feet.

NH6. Single Family Residential
1. Minimum Lot Area:
• The minimum lot area shall be 8,000 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be seventy-two (72) feet.

3. Minimum Lot Depth:
• The minimum lot depth shall be one hundred (100) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of fifteen (15) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be seven (7) feet as measured from the property line to the building foundation.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots shall be a minimum of fifteen (15) feet as measured from the property line to the building foundation, except for Lot 41, which is five (5) feet.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code17.660, except that in no circumstances shall any portion of the house be less than five (5) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed thirty (30) feet.

10. The setbacks for the below market rate duet are:
• Front – minimum seventeen (17) feet;
• Sides – minimum five (5) feet;
• Rear – minimum twenty-two (22) feet.

11. The setbacks for the below market rate triplex are:
• Front – minimum twelve (12) feet;
• Sides – minimum five (5) feet;
• Rear – minimum eleven (11) feet.

NH7. Single Family Residential
1. Minimum Lot Area:
• The minimum lot area shall be 9,000 square feet.

2. Minimum Lot Width:
• The minimum lot width, as measured at the building line, shall be eighty (80) feet, with the exception of sixty-seven (67) feet only on Lot 269.

3. Minimum Lot Depth:
• The minimum lot depth shall be one hundred (100) feet.

4. Minimum Front Yard Setback:
• The standard building setback shall be a minimum of fifteen (15) feet.

5. Minimum Side Yard Setback:
• The minimum side yard setback shall be seven (7) feet as measured from the property line to the building foundation.

6. Minimum Rear Yard Setback:
• The rear yard setback for lots shall be a minimum of fifteen (15) feet as measured from the property line to the building foundation.

7. Projections into Setback Areas:
• Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code17.660, except that in no circumstances shall any portion of the house be less than five (5) feet from the property line.

8. Setbacks from Sidewalks:
• Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
• The maximum building height for all structures shall not exceed thirty (30) feet.

17.495.005 – Other Regulations

1. Design and Site Development shall be required for all housing units pursuant to Sections 17.100.033 and 17.100.004H.

2. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H.

3. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.

4. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660.

5. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660 with the exception that no feature may project into the maximum front yard.

6. The development of this zoning district shall be substantially in accordance with the Development Plan. Variations in the Development Plan including street and lot pattern may be approved through the subdivision map process.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 22nd of February, 2005 and introduced with the second reading waived at a regular meeting of the Brentwood City Council on the 8th day of March, 2005 by the following vote:

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FOR A DEVIATION OF THE DENSITY TRANSITION POLICY ALLOWING LOT NOS. 136, 137, 152, AND 153 OF TENTATIVE SUBDIVISION MAP NO. 8729 TO BE REDUCED FROM THE REQUIRED 20,000 SQ. FT. TO 15,460 SQ. FT. (LOT 136), 11,947 SQ. FT (LOT 137), 11,991 SQ. FT. (LOT 152), AND 16,477 SQ. FT. (LOT 153), LOCATED NORTH OF CENTRAL BOULEVARD, WEST OF THE UNION PACIFIC RAILROAD TRACKS AND EAST OF GRIFFITH LANE.

WHEREAS, said tentative map was referred to various public utility companies, public districts, and pertinent City departments for review and recommendations; and

WHEREAS, an Final Environmental Impact Report was prepared for Tentative Subdivision Map No. 8729 in accordance with the California Environmental Quality Act (CEQA) and are considered a part of this review and approval process; and

WHEREAS, the FEIR identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these mitigation 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 distributed to all property owners of record within 300 feet of the project site and published in the Brentwood-Press on February 11, 2005, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on this project at its regular meeting of January 4, 2005 and approved of the change by a 3 to 1 vote; and

WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project and finds that:

1. The proposed change to the tentative subdivision map is in conformance with the City General Plan and Zoning Ordinance; and

2. The discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board; and

3. The site is physically suitable for the type and the density of development proposed; and

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

5. Since the property to the west is designated for PD-44 development and the design or lot size associated with the proposed 15,460 sq. ft., 11,947 sq. ft, 11,991 sq. ft., and 16,477 sq. ft size of Lot Nos. 136, 137, 152, and 153, and meet the intent of the Density Transition Policy as outlined in the City General Plan is being adhered to.

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

• Approve a Resolution to allow for a deviation of the Density Transition Policy allowing Lot Nos. 136, 137, 152, and 153 of Tentative Subdivision Map No. 8729 to be reduced from the required lot size of 20,000 sq. ft. down to 15, 460 sq. ft. (Lot 136), 11,947 sq. ft (Lot 137), 11,991 sq. ft. (Lot 152), and 16,477 sq. ft. (Lot 153), for the Marseilles Project

PASSED by the City Council of the City of Brentwood at its regular meeting of February 22, 2005, by the following vote: 

 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov