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CITY COUNCIL AGENDA ITEM NO. 23

Meeting Date: June 28, 2005

Subject/Title: Second Reading and adoption of Ordinance No. 802 to rezone approximately 28 acres from Ranchette Estate (RE) to Single Family Residential Estate (R-1-E) and Single Family Residential (R-1-10). This property is generally 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 Department Director
______________________________________________________________________

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 802 approving a zoning change.

BACKGROUND
At its meeting of June 14, 2005, the City Council approved a related General Plan Amendment (GPA 05-01) changing approximately 28 acres from Ranchette Estate to Very Low Density Residential and Low Density Residential and introduced and waived the first reading of Ordinance No. 802. This Ordinance adoption will enable a proposed Residential Growth Management Program (RGMP) allocation request to proceed for further consideration by the City Council.

The Rezone request (RZ 05-02), if approved, would 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).

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.

Attachment:
Ordinance No. 802

ATTACHMENT
ORDINANCE NO. 802

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

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