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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: May 10, 2005

Subject/Title: Second reading and adoption of Ordinance No. 800 approving a Rezone (RZ 05-01) of an approximate 33-acre site from R-1-10 to PD-60 and establishing development standards for said site (Sterling Preserve III), located north of Grant Street, on both sides of O’Hara Avenue

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 800.

PREVIOUS ACTION
At its meeting on April 26, 2005, the City Council waived the first reading of Ordinance No. 800 on a 3-0 vote.

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a single-family residential subdivision consisting of 84 new lots and three remainder parcels for existing residences, per the plans approved by the Planning Commission on April 5, 2005.

FISCAL IMPACT
The applicant is required to pay all relevant fees as specified in the conditions of approval for the Vesting 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.

Attachment:
Ordinance

ORDINANCE NO. 800

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 05-01) FROM R-1-10 TO PD-60 WITH THE ESTABLISHMENT OF SPECIFIC DEVELOPMENT STANDARDS FOR AN APPROXIMATE 33-ACRE SITE, LOCATED NORTH OF GRANT STREET, ON BOTH SIDES OF O’HARA AVENUE (APN’S 018-090-011, 013, AND 019; 018-110-006 AND 007).

WHEREAS, Meritage Homes has requested that the City approve a rezone from R-1-10 to PD-60, a vesting tentative subdivision map to subdivide an approximate 33-acre site into 84 single-family residential lots and four remainder parcels, and a design review for eight house plans, located north of Grant Street, on both sides of O’Hara Avenue; and

WHEREAS, on April 5, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 05-19, which recommended approval of the rezone and vesting 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 March 11, 2005, and ended on March 30, 2005, 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 Press on March 11, 2005, and again on April 15, 2005, 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 April 26, 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 Vesting Tentative Subdivision Map No. 8875; 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 approximate 33-acre site, as shown on Exhibit "A" to this Ordinance, is hereby rezoned from R-1-10 to PD-60 for single-family residential development.

Section 3.

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

Section 4.

Chapter 17.515 of the Brentwood Municipal Code is hereby amended for the purpose of regulating certain real property and establishing development standards for Vesting Tentative Subdivision Map No. 8875, as shown on Exhibit "B" to this Ordinance.

Section 5.

Chapter 17.515 is hereby known as the Planned Development No. 60 Zone.

Section 6.

Development standards for Vesting Tentative Subdivision Map No. 8875 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 26th day of April 2005, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 10th day of May 2005, by the following vote:

Attachments:
Exhibit "A" – Map of area to be rezoned
Exhibit "B" – Legal description of area to be rezoned
Exhibit "C" – Development standards for PD-60

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 800
MAP OF AREA TO BE REZONED

EXHIBIT "B" TO
CITY COUNCIL ORDINANCE NO. 800
LEGAL DESCRIPTION OF AREA TO BE REZONED

EXHIBIT "C" TO
CITY COUNCIL ORDINANCE NO. 800
DEVELOPMENT STANDARDS FOR
VESTING TENTATIVE SUBDIVISION MAP NO. 8875

CHAPTER 17.515
PD-60 (PLANNED DEVELOPMENT NO. 60) ZONE
SUBAREA “B”

MERITAGE HOMES (VTSM 8875) – STERLING PRESERVE III

17.515.012 GENERAL DEVELOPMENT STANDARDS

All permitted and conditionally permitted uses developed within the PD-60 Zone, Subarea “B”, shall comply with the following regulations:

A. Minimum Lot Size: 9,000 square feet

B. Minimum Lot Width: 75 feet

C. Minimum Lot Depth: 120 feet, except that lots on cul-de-sacs shall have a minimum depth of 105 feet

D. Minimum Lot Frontage: 35 feet at the front property line for lots on cul-de-sacs, knuckles, or curvilinear streets

E. Minimum Front Yard Setback: 20 feet (15 feet for porches)

F. Minimum Side Yard Setback: 10 feet

G. Minimum Rear Yard Setback: 15 feet for single-story elements and 20 feet for two-story elements

H. Maximum Building Height: 30 feet and 2 stories

I. Corner Lot Fence Setback: 5 feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of the Brentwood Municipal Code

J. Side-Entry Garage: 10% of the lots shall have side-entry garages

K. A minimum of 35% of the lots shall have single-story units at the time of initial construction

L. 50% of the corner lots shall have single-story units at the time of initial construction

M. Maximum Lot Coverage: 45% for single-story plans and 40% for two-story plans

N. Maximum Number of Primary Dwelling Units: 87
 

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