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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: August 23, 2005

Subject/Title: Second Reading and adoption of Ordinance No. 809 amending approximately 20 acres within the Planned Development 55 (PD-55), PD-38, and PD-53 Zoning Districts to include development standards for future Very High Density residential uses.

Prepared by: Winston Rhodes, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 809 approving the zoning amendment to the PD-55, PD-38, and PD-53 zones in order to establish specific development standards for future very high density residential uses.

BACKGROUND
At its meeting of August 23, 2005, the City Council passed Resolution 2005-212 amending the General Plan (GP 05-02) for the areas affected by this zoning amendment (RZ 05-05) changing the planned land use designation from Mixed Business Park to Very High Density Residential and introduced and waived the first reading of Ordinance No. 809. This ordinance will establish specific development standards to evaluate future very high density residential development proposals and would complete Action Program 1.1.3 of the City’s Housing Element. This action is also necessary to maintain compliance with State law.

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

Attachment:
Ordinance No. 809

ORDINANCE NO. 809

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 05-05) OF 20+/- ACRES WITHIN PLANNED DEVELOPMENT ZONES 55, 38, AND 53 TO ALLOW VERY HIGH DENSITY RESIDENTIAL DEVELOPMENT AND ADOPT SPECIFIC DEVELOPMENT STANDARDS, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A NEGATIVE DECLARATION, FOR THREE SEPARATE PROPERTIES GENERALLY LOCATED EAST OF THE INTERSECTION OF SAND CREEK ROAD AND BRENTWOOD BOULEVARD (APN 016-170-010), SOUTH OF THE INTERSECTION EMPIRE AVENUE AND NEROLY ROAD (APN 019-010-003), AND SOUTHWEST OF THE INTERSECTION OF SHADY WILLOW LANE AND AMBER LANE (APN 019-031-002 AND 019-031-005).

WHEREAS, the City is required by State Law to identify adequate sites with appropriate zoning and development standards to meet identified housing needs;

WHEREAS, the City Council of the City of Brentwood passed Resolution 2005-110 on May 10, 2005 to update the City’s Housing Element of the General Plan; and

WHEREAS, Goal 1 of the City’s Housing Element is to provide a diversity of housing opportunities to enhance the City’s living environment and to satisfy the shelter needs of Brentwood residents.

WHEREAS, Policy 1.1 of the City’s Housing Element calls for the provision of adequate residential sites for the production of new for-sale and rental residential units for existing and future residents; and

WHEREAS, Action Program 1.1.3 of the City’s Housing Element specifies that the City shall amend Special Planning Area “A”, “F”, and “P” of the Land Use Element to designate 20 additional acres Very High Density Residential within the Planned Development (PD) 55, 38, and 53 zones and specifically identify where multi-family development shall be allowed and provide accompanying development standards; and

WHEREAS, the City is required to maintain consistency between different elements of the General Plan and consistency between the General Plan and City zoning regulations; and

WHEREAS, the City has initiated a related General Plan Amendment (GPA 05-02) to provide consistency between the Housing Element and Land Use Element of the General Plan; and

WHEREAS, the City has initiated this proposed Rezone (RZ 05-05) involving the amendment of the PD 55, 38, and 53 zones affecting 20 acres to provide consistency between the City’s General Plan and zoning regulations; 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 identified no potentially significant environmental effects associated with the proposed project and therefore a De Minimus Impact Finding has been prepared for the Department of Fish and Game; and

WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on June 23, 2005, and ended on July 12, 2005, and no comments were received during the review period; and

WHEREAS, on July 19, 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 related General Plan Amendment (GPA 05-01) and this Rezone (RZ 05-02) request; and

WHEREAS, a Notice of Public Hearing was published in the Brentwood Press on August 12, 2005, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed zoning amendments on August 23, 2005, for the purpose of reviewing the project, 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 zoning amendment request:

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

2. The sites are physically suitable for the proposed rezone request; and

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

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

5. The proposed rezone request will provide standards to ensure future development that is consistent and compatible with surrounding uses; and

6. The proposed rezone request 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 proposed rezone request 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 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 areas affected by this rezone request 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 rezoning 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:

1. The Negative Declaration prepared for this project is adopted and staff is directed to file the Notice of Determination with the Contra Costa County Clerk.

2. The three sites totaling approximately 20 acres within the PD-55, PD-38, and PD-53 zoning districts described in Exhibit “A” to this Ordinance, are hereby amended to add the very high density residential development standards in Exhibit “B” as Subarea A of PD-55, Subarea D of PD-38, and Subarea B of PD-53.

3. Staff is directed to make necessary changes to the City Municipal Code.

4a. 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.

4b. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

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 23rd day of August 2005, and adopted at a regular meeting of Brentwood City Council on the 13th day of September, 2005, by the following vote:

Exhibits:
Exhibit “A” – Rezone 05-05 Area Maps
Exhibit “B” – Proposed Very High Density Development Standards

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 809
REZONE 05-05 AREA MAPS
EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 809
REZONE 05-05 AREA MAPS
EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 809
REZONE 05-05 AREA MAPS

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 809
REZONE 05-05 AREA MAPS

EXHIBIT “B” TO
CITY COUNCIL ORDINANCE NO. 809
VERY HIGH DENSITY DEVELOPMENT STANDARDS

The Very High Density Residential Development Standards below to be added as Subarea A of PD 55, Subarea D of PD 38, and Subarea B of PD 53.

17.___.____ Permitted uses

A. Apartments, condominiums, townhouses.

B. Multi-family structures not exceeding thirty (30) dwelling units per gross acre.

C. Keeping of domestic animals or pets subject to Chapter 17.670.

D. Signs subject to Chapter 17.640.

E. Accessory facilities or buildings related to the primary use including a community center, leasing or sales offices, recreation buildings and fitness facilities for use by residents and their guests, on-site manager’s quarters, equipment maintenance areas, and similar uses subject to the approval of the Community Development Director.

F. Home Occupation Uses subject to Chapter 17.840.

17._ __.___ Conditionally permitted uses

A. Large residential care and day care facilities.

B. Ground floor commercial services within buildings over 2 stories in height and serving the daily needs of residents including convenience banking center, automatic teller machines, newsstand, stationary/gift shop, flower stands, and café or food service uses, and similar uses subject to the approval of the Community Development Director.

C. Other uses that the Community Development Director determines because of the type of operation, material stored or sold, or other special circumstances that require special consideration and conditioning through the conditional use permit procedure.

17.____.___ General Development Standards

A. Minimum Lot Area: 2.0 acres.

B. Minimum Lot Width: 100 feet

C. Minimum private open space: 100 square feet per unit

D. Minimum Principal Structure Setbacks: Fifteen (15) feet from nearest property line for first and second story, Twenty (20) feet from nearest property line for third floor, and Thirty (30) feet from nearest property line for all portions over three stories.

E. Carports/ Detached Garages/ Ancillary Structures: Five (5) feet from the front, side, and rear property lines.

F. Maximum Building Height Limit: 55 feet

17.____.___ Other Regulations

A. Design and Site Development Review shall be required for all residential or mixed use developments pursuant to Section 17.100.003 and 17.100.04.

B. Off-street parking: a minimum of three (3) parking spaces per unit. This requirement may be reduced for age-restricted senior housing projects, for mixed use projects, and after consideration of the proposed unit sizes (number of bedrooms) within a project at the time of Design Review. Ten (10) percent of off-street parking spaces shall be vegetated turf block or equivalent permeable surface acceptable to the Community Development Director and City Engineer.

C. Bicycle and parking for the physically disabled pursuant to Chapter 17.620


D. All development shall provide landscaping and screening in accordance with Chapter 17.630 and is subject to design review.

E. All development shall provide adequate lighting or illumination of parking areas pursuant to Chapter 17.620 and is subject to design review. All lighting fixtures shall be a cut-off or full cut-off classification to minimize light spillover onto adjacent properties.

F. All development shall, to the greatest extent possible, incorporate energy conservation measures in accordance with city standards and are subject to design review approval.

G. Awnings and other shading devices may encroach two (2) feet into the required yards.

City Administration
City of Brentwood City Council
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E-mail allcouncil@brentwoodca.gov