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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: October 25, 2005

Subject/Title: Second reading and adoption of Ordinance No. 815 approving a Rezone (RZ 05-17) to create and establish development standards for Subarea B of PD-53, a one-acre site to accommodate Fire Station No. 53, located at the northwest corner of Grant Street and Shady Willow Lane

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 815.

PREVIOUS ACTION
At its meeting on October 11, 2005, the City Council waived the first reading of Ordinance No. 815 on a 3-0 vote (Mayor Swisher and Councilmember Brockman were absent).

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a new fire station that will serve primarily the northwest part of town, as per the plans that were approved by the Planning Commission on September 20, 2005.

FISCAL IMPACT
Approval of the requested rezone will facilitate the City’s ability to have Fire Station No. 53 constructed and will not result in any fiscal impact.

Attachments:
Ordinance

ORDINANCE NO. 815

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 05-17) TO CREATE AND ESTABLISH DEVELOPMENT STANDARDS FOR SUBAREA B OF PD-53, A ONE-ACRE SITE TO ACCOMMODATE FIRE STATION NO. 53, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED AT THE NORTHWEST CORNER OF GRANT STREET AND SHADY WILLOW LANE (APN 019-031-004).

WHEREAS, the City of Brentwood, on behalf of the East Contra Costa Fire Protection District, has submitted a Rezone and Design Review application for the development of a one-acre site with an approximate 7,000 square foot fire station, located at the northwest corner of Grant Street and Shady Willow Lane; and

WHEREAS, on September 20, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 05-67 which recommends the approval of the Rezone, establishing Subarea B, and adding development standards for the project site; and

WHEREAS, on September 20, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 05-67 which approves the Design Review for Fire Station No. 53 on a one-acre site; 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 September 1, 2005, and ended on September 20, 2005, and no comments were received during the review period; and

WHEREAS, a duly noticed public hearing for this request was advertised in the Brentwood Press on September 30, 2005, and mailed to property owners within 300 feet of the site as required by City Ordinance and Government Code Section 65090; and

WHEREAS, the City Council of the City of Brentwood considered this request at a public hearing at its regular meeting of October 11, 2005, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties; 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, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations, and documents regarding the proposed rezone; and
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Brentwood that:

1. The following supporting findings for this application as required by Section 17.870.008 of the City Zoning Ordinance are made:

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

B. The proposed amendment to PD-53 has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

C. The proposed amendment to PD-53 is consistent with the City's Zoning Ordinance; and

D. The proposed amendment to PD-53 is consistent and compatible with other goals, policies, and implementation programs set forth in the General Plan; and

E. The development of the project site, 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 is consistent with the general intent and spirit of the Zoning Ordinance and with the City's General Plan, including all relevant elements thereof; and

F. 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 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 for the General Plan are adequate for all approvals relating to the project; and

G. 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 which would necessitate recirculation of the Mitigated Negative Declaration for further public review; and

H. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment, and the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis.

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

3. Rezone No. 05-17 for the one-acre project site, as shown on Exhibit "A" to this Ordinance, by adding Subarea B to PD-53 is approved.

4. Chapter 17.518 of the Brentwood Municipal Code is hereby amended for the purpose of regulating certain real property and establishing development standards for Subarea B of PD-53, as shown on Exhibit "B" to this Ordinance.

5. Chapter 17.518 is hereby known as the Planned Development No. 53 Zone.

6. Development standards for Subarea B of PD-53 are hereby included as shown in Exhibit "C" attached hereto and made a part of this Ordinance.

7. 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.

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

9. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THIS ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 11th day of October 2005, by the following vote:

Exhibits:
Exhibit "A" – Map of area to be rezoned
Exhibit "B" – Legal description of area to be rezoned
Exhibit "C" – Development standards for Subarea B of PD-53

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 815
MAP OF AREA TO BE REZONED

EXHIBIT "B" TO
CITY COUNCIL ORDINANCE NO. 815
LEGAL DESCRIPTION OF AREA TO BE REZONED

EXHIBIT “C” TO
CITY COUNCIL ORDINANCE NO. 815
DEVELOPMENT STANDARDS FOR SUBAREA B OF PD-53

17.518.006 PERMITTED USES (SUBAREA B):

The following uses are permitted in Subarea B of the PD-53 Zone:

A. Fire stations and accessory facilities;
B. Those uses permitted under the PF Zone (Chapter 17.510);
C. Similar uses subject to the approval of the Community Development Director;

17.518.007 CONDITIONALLY PERMITTED USES (SUBAREA B):

The following uses are conditionally permitted in Subarea B of the PD-53 Zone:
A. Those uses conditionally permitted under the PF Zone (Chapter 17.510);
B. Similar uses subject to the approval of the Community Development Director;

17.518.008 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT, AND RELATED MATTERS (SUBAREA B):

All permitted and conditionally permitted uses developed within Subarea B of the PD-53 Zone shall comply with the following regulations:

• Minimum Lot Area: one acre
• Minimum Lot Width: 200 feet
• Minimum Lot Depth: 200 feet
• Minimum Front Yard Setback: 35 feet
• Minimum Side Yard Setback: 10 feet
• Minimum Rear Yard Setback: 85 feet
• Maximum Building Height: one story, not to exceed 30 feet

17.518.009 OTHER REGULATIONS (SUBAREA B):

A. Design and site development review shall be required pursuant to Chapter 17.820
B. Off-street parking shall be provided pursuant to Chapter 17.620
C. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.

D. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660.
E. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.
 

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