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CITY COUNCIL AGENDA ITEM NO. 22

Meeting Date: June 14, 2005

Subject/Title: A General Plan Amendment (GPA 05-01) and Rezone (RZ 05-02) to change the General Plan land use designation of approximately 28 acres from Ranchette Estate to Very Low Density Residential and Low Density Residential and rezone approximately 23.3 acres from Ranchette Estate (RE) to Single Family Residential Estate (R-1-E) and rezone approximately 4.6 acres from RE to Single Family Residential (R-1-10). This property is located between O’Hara Avenue and Tilton Lane, south of Lone Tree Way.

Prepared by: Winston Rhodes, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Both the Planning Commission and staff recommend that the City Council pass a resolution approving the General Plan Amendment request and introduce and waive the first reading of an ordinance approving the Rezoning request.

PREVIOUS ACTION
The City Council approved annexation of this property into the City in October 2000.

BACKGROUND
The entire (approximately 28.0-acre) project site was designated in the 1993 General Plan as Very Low Density Residential (VLDR) at 1 to 3 du/ac. with a mid-range of 2 du/ac. The initial City zoning for the area upon annexation was R-1-E. In 2001, the City updated the Land Use Element of the General Plan. In an effort to retain rural portions of City and reduce the City’s anticipated build-out population, the entire area was redesignated from VLDR to Ranchette Estate (RE) allowing a density of 0 -1 du/ac. with a mid-range of .5 du/ac. The zoning for the site was changed from R-1-E to RE to correspond to the new RE General Plan designation.

In 2004, the City received a request for a Residential Growth Management Program (RGMP) allocation for a portion of the site (approximately 15.8 acres) submitted by Passport Homes. The requested allocation was inconsistent with the current General Plan designation and zoning. Consequently, the applicant was advised to submit a request to amend the General Plan and change the zoning before resubmitting a similar RGMP allocation request for the area. The applicant has approached adjacent property owners to evaluate their willingness to be added to the project area. Five surrounding property owners have agreed to be included in the project area and support this General Plan Amendment and Rezoning request.

The project site includes two distinct areas (see attached map). The first area (approximately 4.6 acres) is west of Smith Road and includes two parcels. The applicant is requesting a General Plan designation of Low Density Residential (LDR) and related zoning of R-1-10 on these parcels. These parcels have existing development including a rural residence and a church facility with an adjacent parking area. The General Plan Designation west of this area includes both General Commercial (along Lone Tree Way) and LDR. The land south of this area and west of Smith Road is currently designated LDR with a zoning of R-1-10 and includes the approved Sterling Preserve III subdivision. The requested land use designation and zoning would match the existing General Plan land use designation and zoning immediately west and south of this area and provide a transition between the commercial property at the southeast corner of O’Hara Avenue and Lone Tree Way and the planned residential area east of Smith Road

The second area (approximately 23.3 acres) included within the project site is east of Smith Road. It includes five parcels. The applicant is requesting a General Plan designation of VLDR and zoning of R-1-E. This area is sparsely developed with rural residences and farmland. The property immediately south of this area is designated VLDR in the General Plan with R-1-E zoning. The property east of this area adjacent to Tilton Lane is designated LDR (along Lone Tree Way). The property southeast of this area is designated VLDR in the General Plan with a zoning of R-1-E. The applicant’s requested land use designation and zoning for this approximately 23.3-acre area would be consistent with the General Plan designation and zoning south of this area and the primary designation and zoning east of this area.

Four parcels east of Smith Road abutting the approximately 23.3-acre area are not included in this request. All four of the parcels are less than one acre and could not be subdivided under the present RE General Plan designation and would be compatible with the proposed R-1-E zoning that allows for parcel sizes averaging 0.5 acres. None of these property owners have expressed any opposition to the General Plan Amendment and Rezoning requests. Any future subdivision involving the approximately 23.3 acre would be required to comply with the City’s density transition policy including the requirement for 20,000 square foot minimum parcels abutting these four developed parcels.

This General Plan Amendment could result in a potential dwelling unit difference of approximately 47 potential single family homes at mid-range. This number would likely be less after applying the City’s Density Transition Policy. Passport Homes has submitted a conceptual site plan lot layout (for their property only) showing a total of 23 residential lots or an increase of 7 units above the maximum allowed under the properties’ current RE land use designation. Staff does not believe that the General Plan Amendment would have any significant impacts to the delivery of City services beyond what has previously been analyzed as the relatively small increase in the number of units on these properties would likely be offset by properties in other areas of the City developing at below the General Plan midrange, such as the Marseilles (TSM 8729: 85 units below mid-range) and Sterling Pinnacle (TSM 8603: 25 units below mid-range) recently-approved developments.

At its regular meeting of May 3, 2005, by passing Resolution No. 05-33, the Planning Commission recommended that the Council approve the General Plan Amendment and Rezoning requests.

FISCAL IMPACT
No fiscal impacts would occur at this time. Once developed more intensively, the project site would generate an increased demand for the urban services that the City provides, which would result in ongoing service delivery costs associated with the increased number of potential residential units. Any future developer(s) of this property will be required to pay all applicable fees in effect at the time that development occurs.

Attachments:
Resolution
Ordinance
Project Site Map
Negative Declaration (Available for review at Community Development Department office - 104 Oak St., Brentwood, CA)

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A GENERAL PLAN AMENDMENT (GPA 05-01) FOR 28+/- ACRES FROM RANCHETTE ESTATE RESIDENTIAL TO VERY LOW DENSITY RESIDENTIAL, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED SOUTH OF LONE TREE WAY BETWEEN O’HARA AVENUE AND TILTON LANE (APN'S 018-100-0007, 018-100-025 & -026, 018-100-029 & -030, 018-100-033 & -034).

WHEREAS, the applicant, Passport Homes, Inc. has requested approval of a General Plan Amendment and Rezone on approximately 28 gross acres located south of Lone Tree Way between O’Hara Avenue and Tilton Lane at the northwest corner of Balfour Road and the State Route 4 Bypass, in order to facilitate development of the “Cox Property” (TSM 8781, CUP 04-10, CUP 04-11, DR 03-26 and DR 03-27); and

WHEREAS, the applicant is requesting a General Plan Amendment from Ranchette Estate to Very Low Density Residential; and

WHEREAS, the applicant is concurrently requesting a Rezone from approximately 23.3 acres from Ranchette Estate to R-1-E east of Smith Road and approximately 4.6 acres from Ranchette Estate to R-1-10 west of Smith Road; and

WHEREAS, an Initial Study and 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 identified no potentially significant environmental effects associated with the proposed project which have not been previously analyzed and no new impacts are likely as a result of this project that require mitigation; and

WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on April 6, 2005, and ended on April 8, 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 April 8, 2005, and again on May 20, 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 May 3, 2005, and passed Resolution No. 05-33 recommending approval of the General Plan Amendment and Rezone; and

WHEREAS, the City Council held a public hearing on the proposed General Plan Amendment and Rezone on June 14, 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 requests; 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 General Plan Amendment; and

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

1. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

2. The site is physically suitable for the type and the density of the land use designation proposed; and

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

4. 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).

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

1. That the 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 City of Brentwood General Plan. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on this evidence and the Negative Declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR. Therefore, since the Program EIR mitigation measures are incorporated as conditions to the approval of the project, the Program EIR for the 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 Negative Declaration for public review. The City Council has considered all verbal and written comments relating to the Negative Declaration and finds no significant new information has arisen.

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

1. Adopts the Negative Declaration prepared for this project; and

2. Directs staff to file the Notice of Determination with the Contra Costa County Clerk; and

3. Approves General Plan Amendment No. 05-01 for the approximately 28 gross acre project site as described in Exhibit “A” from Ranchette Estate to Very Low Density Residential; and

4. Directs staff to modify the Land Use Map of the General Plan to reflect this General Plan Amendment.

PASSED by the City Council of the City of Brentwood at its regular meeting of June 14, 2005, by the following vote:

Exhibits:
“A” – General Plan Amendment Map

EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
GENERAL PLAN AMENDMENT MAP

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 05-02) OF 28+/- ACRES INCLUDING APPROXIMATELY 23.27 ACRES FROM RANCHETTE ESTATE (RE) TO R-1-E AND APPROXIMATELY 4.58 ACRES FROM RE TO R-1-10, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A NEGATIVE DECLARATION, FOR PROPERTY LOCATED SOUTH OF LONE TREE WAY BETWEEN O’HARA AVENUE AND TILTON LANE (APNs 018-100-007, 018-100-025 & -026, 018-100-029 & -030, 018-100-033 & -34).

WHEREAS, the applicant, Passport Homes Inc. has requested approval of a General Plan Amendment and Rezone on approximately 28 gross acres located south of Lone Tree Way between O’Hara Avenue and Tilton Lane, in order to facilitate development of a future subdivision proposal; and

WHEREAS, the applicant is requesting a General Plan Amendment from approximately 28 acres of Ranchette Estate to approximately 23.27 acres of Very Low Density Residential and approximately 4.58 acres of Low Density Residential; and

WHEREAS, the applicant is concurrently requesting a Rezone from RE to R-1-E and R-1-10 allowing 23.27 acres of very low density residential uses east of Smith Road and 4.58 acres of low density residential uses west of Smith Road and west of Tilton Lane; and

WHEREAS, an Initial Study and 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 Negative Declaration identifies no potentially significant environmental effects associated with the proposed project which have not been previously analyzed and no new impacts are likely as a result of this project that require mitigation; and

WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on April 6, 2005, and ended on April 28, 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 News on April 8, 2005, and again on May 20, 2005, in accordance with City policies and Government Code Section 65090; and

WHEREAS, on May 3, 2005 the Planning Commission of the City of Brentwood conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 05-33, which recommended approval of the General Plan Amendment (GPA 05-01) and Rezone (RZ 05-02) requests; and

WHEREAS, the City Council held a public hearing on the proposed rezone request on June 14, 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, polices, 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 rezone request:

1. The site is physically suitable for the zoning changes proposed; and

2. The rezone request proposed is not likely to cause serious public health problems; and

3. The rezone request includes clear development standards for the uses permitted under the General Plan and Zoning Ordinance; and

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

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

6. The proposed rezone will establish development standards that increase the City’s ability to 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

7. The rezone will clearly result in a more efficient use of land; and

8. The proposed rezone request is for property that has a suitable relationship to one or more thoroughfares, and said thoroughfares with required improvements will be able to carry traffic resulting from this request; and

9. The proposed rezoning request does not inhibit the City’s ability to plan a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties; and

10. The natural and scenic qualities of the site are protected, with City requirements in place to ensure adequate available public and private open spaces for the affected property in the event that a specific development proposal is received; and

11. The proposed rezone will not be detrimental to the public welfare, will be in the best interests of the City, and will further the objectives of the Zoning Ordinance and goals of the City's General Plan, including all relevant Elements thereof.

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

1. That the 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 City of Brentwood General Plan. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on this evidence and the 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 Negative Declaration as well as the Program EIR for the 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 Negative Declaration for public review. The Planning Commission has considered all verbal and written comments relating to the Negative Declaration and finds no significant new information has arisen.

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

Section 1.

Adopts the 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 28-acre site, described in Exhibit “A” and Exhibit “B” to this Ordinance, is hereby rezoned from RE to R-1-E (approximately 23.27 acres) and RE to R-1-10 (approximately 4.58 acres).

Section 3.

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

Section 4.

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 Brentwood Press, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after this passage and adoption; or

3. Publishing a summary of the Ordinance prepared by the City Attorney in the Brentwood Press 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 5.

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 14th day of June 2005, by the following vote:

Exhibits:
Exhibit “A” - Map of Rezone Areas
Exhibit “B” - Legal Description of Rezone Areas

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO.
MAP OF REZONE AREAS

EXHIBIT “B” TO
CITY COUNCIL ORDINANCE NO.
LEGAL DESCRIPTION OF REZONE AREAS

Area Changing From RE to R-1-E

Area Changing From RE to R-1-10

A NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS PROJECT. IT IS AVAILABLE FOR YOUR REVIEW AT:

CITY OF BRENTWOOD
COMMUNITY DEVELOPMENT DEPARTMENT
104 OAK STREET
BRENTWOOD, CA 94513

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