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CITY COUNCIL AGENDA ITEM NO. 34

Meeting Date: September 12, 2006

Subject/Title: Adopt a negative declaration for this project pursuant to the California Environmental Quality Act (CEQA). Introduce and waive the first reading of an ordinance for a Prezoning (RZ 05-21) to PD (Planned Development) – 71, and approval of a resolution initiating the annexation (A 05-01) to the City of Brentwood, of approximately 19.73 acres (APN 018-230-034) located east of the terminus of Lone Tree Way and west of Marsh Creek for the Hanson Ranch property.

Prepared by: Heidi Kline, Planning Manager

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
The Planning Commission and staff recommend the City Council adopt the negative declaration and introduce and waive the first reading of an ordinance approving a prezoning of a 19.73-acre site located east of Lone Tree Way and west of Marsh Creek to PD-71. Staff recommends that the City Council approve a resolution initiating annexation to the City of Brentwood, of the site.

BACKGROUND
At the August 15, 2006, Planning Commission meeting, the Commission unanimously voted to recommend approval of the prezoning which would adopt specific uses and establish development standards for the 19.73 acres upon annexation to the City of Brentwood, as well as certification of the negative declaration.

PROJECT DESCRIPTION
The applicant is requesting that the City Council initiate an application to the Local Agency Formation Commission (LAFCO) for the annexation of the 19.73-acre Hanson Ranch property, located at the eastern terminus of Lone Tree Way and west of Marsh Creek. The property is located within the City’s Sphere of Influence and Urban Limit Line.

Prior to annexation of a property to the City, the site must have a prezoning designation consistent with the City’s General Plan land use designation for the property. Upon successful completion of the annexation, the prezoning effectively becomes the site’s zoning designation. The project includes a proposed prezoning designation for the site to PD (Planned Development) -71 which includes uses and a density consistent with the site’s Low Density General Plan land use designation.

ANALYSIS
The proposed PD-71 prezoning includes density, lot sizes, and other development standards, which the Planning Commission found to be consistent with the site’s Low density residential General Plan land use designation. The proposed prezoning includes an allowance for one-third of the lot sizes at a minimum lot size of 4,500 sq. ft. and two-thirds of the lots at a minimum lot size of 5,000 sq. ft. The proposed lot sizes and other development standards are designed to allow maximum flexibility for a future developer to cluster the units farther away from the edge of the adjacent Marsh Creek. The PD development standards also include a requirement that the lots be set back a minimum of 50 ft. from Marsh Creek and that a trail be built within this area, as well as a minimum one-acre public park be designated at the south end of the property.

ENVIRONMENTAL DETERMINATION
A negative declaration has been prepared for the project pursuant to the California Environmental Quality Act (CEQA).

FISCAL IMPACT
There would be minimal positive fiscal impact to the City as the annexation would result in an incremental increase to areas requiring City services. However, this increase would be offset by an increase in property tax received by the City.

Attachments:
1. Resolution approving the adoption of the Negative Declaration
2. Ordinance prezoning the 19.73-acre site to PD-71
3. Resolution initiating an application to the Local Agency Formation Commission (LAFCO) for annexation of the Hanson Ranch property
4. Negative Declaration for the Project
5. Letter from David Gold, Morrison/ Foerster, dated August 1, 2006
6. Aerial View of Project Site
7. Comment Letters

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A NEGATIVE DECLARATION FOR THE PREZONING AND INITIATION OF THE ANNEXATION OF THE 19.73-ACRE HANSON RANCH PROPERTY , GENERALLY LOCATED EAST OF THE TERMINUS OF LONE TREE WAY AND WEST OF MARSH CREEK.

WHEREAS, the City of Brentwood has prepared a Negative Declaration in conjunction with the application filed for RZ 05-21 to prezone approximately 19.73 acres located east of the terminus of Lone Tree Way and west of Marsh Creek (the “Property”); and

WHEREAS, the Property is within the City of Brentwood’s Sphere of Influence, abuts the City limits on three sides, and is designated for future Low Density Residential development in the General Plan; and

WHEREAS, the applicant has requested that the City establish a Planned Development (PD–71) Zone including development standards for the Property by adding Chapter 17.528 to the Brentwood Municipal Code on the Property; and

WHEREAS, the proposed project involves no physical changes to the site; 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; and

WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on June 23, 2006, and ended on July 12, 2006, and the comments that were received during the review period have been forwarded to the Planning Commission and City Council for consideration; and

WHEREAS, the Planning Commission of the City of Brentwood considered this Negative Declaration at a public hearing at its regular meetings of July 18, 2006 and August 15, 2006 and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties and passed Resolution 06-73, recommending approval of the negative declaration to the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby:

A. Finds the following:

1. That the Negative Declaration for the project has been prepared 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, the City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR. The Negative Declaration applies all applicable mitigation measures included within the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of any future development on the project site, the Negative Declaration as well as the Program EIR for the General Plan is adequate for all approvals relating to this 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; and

4. The documents and other materials that constitute the record of proceedings on which the City Council has based these findings and this resolution are located at the Community Development Department, 104 Oak Street, Brentwood, California 94513. The custodian of these documents is the Community Development Director.

B. Approves the Negative Declaration for RZ 05-21.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 12th day of September, 2006, by the following vote:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE PREZONING OF APPROXIMATELY 19.73 ACRES (RZ 05-21) KNOWN AS HANSON RANCH LOCATED EAST OF THE TERMINUS OF LONE TREE WAY AND WEST OF MARSH CREEK TO PLANNED DEVELOPMENT (PD) 71 AND ADD CHAPTER 17.528 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES USES AND DEVELOPMENT STANDARDS FOR THE SITE (APN 018-230-034).

WHEREAS, Alice June Bunn has requested that the City prezone approximately 19.73 acres located east of the terminus of Lone Tree Way and west of Marsh Creek, known as Hanson Ranch (the “Property”); and

WHEREAS, the Property is within the City of Brentwood’s Sphere of Influence, abuts the City limits on three sides, and is designated for future Low Density Residential development in the General Plan; and

WHEREAS, the applicant has requested that the City establish a Planned Development (PD–71) Zone including development standards for the Property by adding Chapter 17.528 to the Brentwood Municipal Code on the Property located at the eastern terminus of Lone Tree way and west of Marsh Creek; and

WHEREAS, the applicant has also requested annexation of the Hanson Ranch property into the City; 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 June 23, 2006, 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 meetings of July 18, 2006 and August 15, 2006; and

WHEREAS, in relation to this prezone application, the Planning Commission has considered the staff report, the Negative Declaration, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project; and passed Resolution 06-74 recommending approval of RZ 05-21 to the City Council; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on September 1, 2006, for the purpose of reviewing the application, considering the City Council’s action and considering all comments made by the public with respect to this proposed zoning amendment; 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 negative declaration, 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 prezoning; and

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Brentwood:

A. Hereby finds that:

1. The proposed prezone request and accompanying development standards are consistent with the existing City General Plan and other applicable City plans because the provisions are consistent with the land use designations and with the planned density allowed for the project area.

2. The proposed prezone is consistent and compatible with other goals, policies, and action programs set forth in the General Plan including:

a. Land Use Element Goal 1 to provide a diverse, self-sufficient community that offers a broad spectrum of job opportunities, housing types, community facilities and commercial services;

b. Land Use Element Policy 1.1 to maintain responsible City control of development within the City’s Planning Area;

c. Land Use Element Action Program 1.1.1 to prezone areas within the City’s Sphere of Influence;

d. Land Use Element Action Program 1.1.6 to require new development to be contiguous to existing development whenever possible;

e. Land Use Element Policy 1.2 to promote balanced neighborhoods with a mix of land uses and development types;

f. Land Use Element Action program 1.2.1 to utilize Planned Development (PD) Zoning to implement and regulate development;

g. Land Use Element Action Program 1.2.2 to require adequate park, open space and recreational facilities within neighborhoods;

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

i. Housing Element Policy 1.1 to provide adequate residential sites for the production of new for-sale and rental residential units;

j. Conservation / Open Space Element Goal 7 to protect the Brentwood Planning Area’s natural resources;

k. Conservation / Open Space Element Policy 7.2.3 to incorporate natural landscape buffers into project design at the urban/rural interface.

l. Conservation / Open Space Element Policy 8.1.1 to allow cluster development as a means of encouraging the preservation of open space.

3. The proposed prezone is consistent with the City’s previously expressed intent to adopt development standards prior to or in conjunction with the approval of any specific projects.

4. The PD designation for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties.

5. The effect of this prezone on the housing needs of the region surrounding Brentwood has been considered by the Planning Commission and City Council, which has balanced those needs against the public service needs of its residents and available fiscal and environmental resources (Government Code 65863.6).

6. Sufficient capability is available to provide all necessary services to the project site upon annexation to the City of Brentwood.

7. The proposed prezone application has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

8. The proposed prezone development standards will not result in any adverse impacts to surrounding properties in that no physical changes to the site are proposed and any future project-specific impacts will be analyzed further in conjunction with an actual development proposal.

9. The proposed prezone will facilitate the annexation and future development of the project site in a manner that is compatible with existing and planned developments on surrounding properties.

10. The prezone will involve areas which are abutting public streets which will provide physical access to the project site and capacity to accommodate the maximum anticipated development prescribed within the proposed development standards.

11. The proposed prezone will result in a desirable physical environment, in that the development standards for the approximately 19.73-acre project site provide for a coordinated mix of housing types, design features and public amenities for future residents.

12. 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.

B. Hereby approves Rezone 05-21 by adding Chapter 17.528 to the Brentwood Municipal Code, as reflected below:

PD-71 (Planned Development 71) Zone
Development Standards

Sections:

17.528.001 Authority, purpose and intent
17.528.002 Permitted uses
17.528.003 Conditionally permitted uses
17.528.004 Regulations for lot area, yards, height and related matters
17.528.005 Other regulations
17.528.006 Planned Development 71 Map

17.528.001 Authority, purpose and intent.
The authority, purpose and intent for the adoption of the PD-71 (Planned Development Seventy-One) Zone are as follows:

A. Authority. PD-71 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones – General Regulations.

B. Purpose. The purpose of the PD-71 zone is to permit and regulate development of the approximately 19.73 acres within the zone as designated by the City General Plan.

C. Intent. It is intended that in order to achieve the purpose of the PD-71 Zone of implementing the development of single-family housing uses based on the policies and prescribed density allowed under the General Plan, said zoning district shall be as shown in Section 17.528.006 of this chapter and made a part of this chapter, and as further described below. The primary use intended for this area shall consist of detached single-family residential, duets, park and open space uses.

17.528.002 Permitted uses.
The following uses are permitted within the PD-71 Zone:

1. Single family dwelling units and duets not exceeding a density of 5.0 dwelling units per acre.

2. Accessory facilities or buildings related to the primary use subject to Chapter 17.660.

3. Temporary uses related to the primary use subject to obtaining a Temporary Use Permit pursuant to Section 17.850.

4. Home Occupations subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.

5. Public parks and related facilities.

6. Improved open space and trails.

7. Pedestrian bridges and riparian habitat enhancement and restoration activities subject to obtaining all applicable local, State, and Federal permits.

8. The keeping of domestic animals or pets subject to Chapter 17.670

9. Small family residential care facilities

10. Similar uses subject to the approval of the Community Development Director.

17.528.003 Conditionally permitted uses.
The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

1. Secondary housing units subject to Section 17.100.005

2. Churches and religious institutions and parochial or private schools.

3. Community buildings, recreational clubs such as tennis and swimming clubs intended to primarily serve the immediate neighborhood or residences within ½ mile of the recreational club when they are located at least 50 feet from the top of the bank of Marsh Creek.

4. Large residential care facilities.

5. Other uses as determined by the Community Development Director that because of the type of operation, materials stored, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

17.528.004 Regulations for lot area, density, yards, height and related matters – Development plan required.

1. Minimum lot area: the minimum lot area for single-family detached units shall be five thousand (5,000) square feet for sixty-seven percent of the lots on the 19.73-acre project site and four thousand five hundred (4,500) square feet for thirty-three percent of the lots on the project site, excluding all single-family duet units that are approved pursuant to Chapter 17.725 of the Brentwood Municipal Code, which shall be permitted on lots with a minimum area of three thousand (3,000) square feet.

2. Minimum front yard setback: the front yard setback shall be fifteen (15) feet as measured from the property line to any building façade or side entry garage and twenty (20) feet for any garage facing the street measured from the property line to the center of the garage door. Front porches may encroach up to six (6) feet.

3. Minimum side yard setbacks: the minimum side yard setbacks for single-family detached units shall be a minimum of five (5) feet with a minimum combined total of fifteen (15) feet for both side yards. Duet units shall have a minimum zero (0) foot side yard setback for the common wall property line, with a minimum 10 feet for the other side property line. Corner lots shall maintain a minimum side yard on the street side of ten (10) feet.

4. Minimum rear yard setback: the minimum rear yard setback shall be twenty (20) feet. Detached garages may encroach up to ten (10) feet.

5. Minimum useable rear yard: the minimum useable rear yard per unit shall be five hundred (500) square feet.

6. Maximum building height: the maximum building height for all structures shall be two stories and thirty (30) feet.

7. Maximum Lot Coverage: 40 percent

8. Architectural Design.
a. All front entry doors shall be visible from the street and shall provide a minimum of two steps into the house.

b. All housing units shall have useable (at least six (6) feet by six (6) feet) covered porches at front entrance.

c. The inclusion of wrap-around porches is encouraged

d. The use of detached garages, tandem garages, or non-street facing garages is encouraged.

e. A variety of architectural designs shall be used throughout the development area. The exact design shall be determined at the time of design review.

9. An open space buffer area along the eastern edge of the site adjacent to Marsh Creek shall be provided with a minimum width of fifty (50) feet measured from the top of the west bank of Marsh Creek. No lots shall be located within this buffer area. Additionally, a single-loaded frontage road, with homes along the west side of the road, shall parallel this buffer area along a majority of the site’s creek frontage to encourage public access to this open space amenity.

10. A meandering trail shall be provided within the open space buffer along Marsh Creek.

11. Public access to open space and recreation amenities shall be encouraged.

12. Enhancement of riparian habitat adjacent to Marsh Creek shall be required.

13. The development of this property shall utilize a cluster-style development.

14. Unless specified above, design of any parks and related facilities shall be determined during design review in conjunction with a specific development proposal.

17.528.005 Other regulations

A. Design and Site Development shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004.H.

B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004.H for single-family dwelling units.

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. All street and other lighting shall be designed to utilize only cut-off or full cut-off classified fixtures.

E. Architectural features may project into any required yard pursuant to the provision of Chapter 17.660.

F. The tentative map and design review for the future development of this property shall adhere to the City’s adopted Residential Design Guidelines.

G. Landscaping. The landscaping standards for this development area shall comply with the regulations contained in Chapter 17.630, titled Landscaping and Screening, except as provided below:

1. Street Trees. Street trees are required to be planted on all streets within the PD-71 Zone. Tree spacing shall be approximately thirty (30) feet on center. This also includes the Lone Tree Way frontage adjacent to any sound walls.

2. Landscaping along Marsh Creek. Trees, shrubs, and groundcovers within the open space buffer along Marsh Creek shall be planted in an irregular pattern to enhance the natural character of the riparian area and maintain views of the creek over time. Native plant material which is indigenous to the Brentwood area shall be utilized in all planting areas along Marsh Creek.

H. Parks and Open Space. All park and open space areas or alterations thereto shall require design review by the Parks and Recreation Commission prior to any development approval. A minimum of one park totaling at least 1.0 acre shall be provided within the southern portion of PD-71. The park shall be configured in such a manner as to allow for future expansion when the area south of PD-71 urbanizes in the future. Areas to remain as open space, including the open space buffer along Marsh Creek may be required to be offered for dedication as part of a public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, acceptable to the City Council, sufficient to assure the maintenance and preservation of such open space for whatever purpose is intended. Covenants or other legal arrangements shall specify the ownership of the open space; method of maintenance, responsibility for maintenance; taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the City Council; and any specification deemed necessary to the City.

I. Any future development proposal for the project site shall be consistent with the City’s master plans for infrastructure improvements including the Water Master Plan, Sewer Master Plan, Reclaimed Water Master Plan, storm drainage and flood control master plans, and the roadway circulation plan requirements for streets, bicycle and pedestrian facilities, and transit facilities.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO INITIATE AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR THE HANSON RANCH ANNEXATION (NO. A05-01) TO THE CITY OF BRENTWOOD. THE PROPERTY IS LOCATED AT THE EASTERN TERMINUS OF LONE TREE WAY AND WEST OF MARSH CREEK (APN 018-230-034).

WHEREAS, the City of Brentwood desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code, for property in the north east portion of its planning area; and

WHEREAS, Alice June Bunn (“Applicant”) has applied for approval of an annexation of approximately 19.73 acres;

WHEREAS, on September 12, 2006, the City Council approved prezoning of the approximately 19.73-acre property to a Planned Development (PD-71) district; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on September 1, 2006, for the purpose of reviewing the application, considering the City Council’s action and considering all comments made by the public with respect to this proposed annexation 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 negative declaration, 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 annexation request; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby make the following Determinations and Findings:

A. The City of Brentwood is requesting annexation for the following reasons:

1. This annexation is a logical and reasonable extension of the corporate limits of the City of Brentwood and is within the City’s Sphere of Influence and Urban Limit Line.

2. The subject property is bounded on three sides by the existing City limits.

3. The annexation would be in conformance with and further implements the goals and policies of the 2001 Brentwood General Plan.

4. Annexation of the Property would facilitate an infill project that would reconfigure the existing City boundaries in a more orderly manner by removing a corridor of unincorporated territory.

5. The subject property is owned by a single landowner, who willingly supports annexation, and consists of an “uninhabited” area for purposes of the annexation process.

6. Adequate services and facilities necessary for the projected needs related to urban development of the subject property are readily available.

a. Sewer and water utility lines are stubbed to the property line.

b. Lone Tree Way currently extends eastward terminating approximately at the subject property’s northwestern corner, and is proposed to extend further eastward along or near the subject property’s northern boundary line.

B. Pursuant to Part 3 of Section 56000 et. Seq. of the Government Code, the City Council of the City of Brentwood authorizes initiating annexation application No. A 01-02 to LAFCO annexing approximately 19.73 acres located at the eastern terminus of Lone Tree Way and west of Marsh Creek to the City of Brentwood, as depicted in the Legal Description (attached Exhibit A and B) and requests that LAFCO proceedings be taken for this annexation proposal.

C. This request for a change of organization is instituted by the City of Brentwood. All notices to this proceeding should be sent to the City Clerk, 150 City Park Way, Brentwood, CA 94513.

D. The requested annexation is consistent with the City of Brentwood’s Sphere of Influence and General Plan.

E. The subject property has previously been prezoned to a Planned Development (PD-71) zone, as approved by the City Council on September 12, 2006.

F. The City Council understands that for the annexation application to be deemed complete by the Executive Officer of LAFCO, appropriate environmental documentation will need to be prepared and certified by the City of Brentwood. On September 12, 2006, the City Council certified a negative declaration regarding the proposed annexation.

G. The City of Brentwood and County of Contra Costa have previously negotiated a master property tax exchange agreement for the division of property taxes, accruing from territory annexed to the City, in accordance with Part 0.5 (commending with Sec. 95), Division 1 of the Revenue and Taxation Code of the State of California. If further negotiations are required, the City Manager of the City of Brentwood, or her designated representative, is hereby authorized and directed to undertake such negotiations.

H. The City Clerk shall cause a certified copy of the resolution to be filed with the Executive Officer of the Contra Costa County Local Agency Formation Commission.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 12th day of September, 2006, by the following vote:
 

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