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CITY COUNCIL AGENDA ITEM NO. 26

Meeting Date: December 9, 2008

Subject/Title: Consideration of a resolution adopting a mitigated negative declaration and an ordinance rezoning (RZ 07-08) the Ferro/Ronconi project, a proposed subdivision of approximately 42 acres into 160 single-family residential lots, located at the northeast corner of Balfour Road and Griffith Lane.

Prepared by: Erik Nolthenius, Principal Planner

Submitted by: Casey McCann, Director of Community Development

RECOMMENDATION
1. Adopt a resolution adopting the mitigated negative declaration for the project.
2. Introduce and waive the first reading of an ordinance approving the rezone (RZ 07-08) for the project.

PREVIOUS ACTION
The City Council approved an RGMP allocation for the project site at its meeting of August 28, 2007. The Planning Commission recommended approval of the mitigated negative declaration and the rezone at its meeting of November 4, 2008.

BACKGROUND
At its meeting of November 4, 2008, the Planning Commission considered the Ferro/Ronconi project, including a mitigated negative declaration, a rezone from R-1 to PD-33 and the establishment of development standards, a vesting tentative subdivision map to subdivide the 42.34-acre site into 160 single-family residential lots and six remainder parcels, and a design review for nine models of homes to be built on the 160 lots. At that meeting, the Commission adopted four separate resolutions for the project, including Resolution No. 08-054 recommending that the City Council approve the mitigated negative declaration and Resolution No. 08-055 recommending that the City Council approve the rezone.

PROJECT DESCRIPTION
The project includes subdividing approximately 42 undeveloped acres into 160 lots and building a variety of single-family homes on those lots. The resulting density is 3.78 dwelling units per acre, which is slightly above the identified mid-range density of 3.0 dwelling units per acre, but consistent with the number of units that were allocated by the Council as part of the RGMP approval for the project. The project also includes rezoning the site from R-1 to PD-33 in order to accommodate the particular design of the subdivision and the associated housing product. The proposed development standards are generally consistent with existing single-family residential zoning districts in the City.

The subdivision will be accessed from three points, including a connection with McClarren Road on the north, Balfour Road on the south, and Griffith Lane on the west. A fourth point along the east boundary of the subdivision will provide for pedestrian and bicycle access to Pippo Avenue. Six parcels will be created in addition to the 160 single-family residential lots, including a pocket park and a water quality basin. The proposed lot sizes provide a mix that ranges from a minimum of 6,600 square feet to over 14,000 square feet, with the average being 7,430 square feet. The subdivision has been designed to provide lot sizes along both the north and east boundaries that are comparable to existing surrounding lots.

ENVIRONMENTAL DETERMINATION
A mitigated negative declaration has been prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). Several potentially significant impacts were identified; however, mitigation measures have been incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval have been included as project-specific conditions of approval.

FISCAL IMPACT
The applicant is required to pay all relevant fees as specified in the conditions of approval for the vesting tentative subdivision map. The project, once developed, would generate additional property tax for the City. The project will also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with the new neighborhood.

Attachments
Resolution (including the MND and MMP)
Ordinance


CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE FERRO/RONCONI PROJECT, LOCATED ON A 42.34-ACRE SITE AT THE NORTHEAST CORNER OF BALFOUR ROAD AND GRIFFITH LANE (APN 012-130-006 AND APN 012-130-007).

WHEREAS, KB HOME South Bay Inc. has requested approval of a mitigated negative declaration for the development of a 42.34-acre site, located at the northeast corner of Balfour Road and Griffith Lane, with the Ferro/Ronconi project, consisting of 160 single-family homes and related improvements; and

WHEREAS, the proposed project information was referred to various public utility companies, public districts and pertinent City departments for review and recommendations; 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 less than 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 ensure that the impacts identified are mitigated to a less than significant level; and

WHEREAS, the availability of said environmental document for the minimum 30-day public review and comment period was begun on October 3, 2008, and ended on November 3, 2008, and no comments were received; and

WHEREAS, the Planning Commission of the City of Brentwood considered this mitigated negative declaration at a public hearing at its regular meeting of November 4, 2008, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties, and recommended that the City Council adopt the mitigated negative declaration by adopting Resolution No. 08-054.

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

1. The City Council has reviewed and considered the information contained within the initial study and mitigated negative declaration and all oral testimony and written comments received.

2. Based upon the mitigated negative declaration and comments and testimony received, the City Council finds that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the City Council’s independent judgment and analysis.

3. The mitigated negative declaration and mitigation monitoring program, attached hereto as Exhibit “A”, is adopted.

4. City staff shall file a notice of determination regarding the adoption of the mitigated negative declaration with the County Clerk.

5. The City of Brentwood is the custodian of the documents and other material which constitute the record of proceedings upon which this decision is based, which documents and other materials are located at the Community Development Department, 104 Oak Street, Brentwood, CA 94513.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of December 9, 2008, by the following vote:


ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 07-08) FROM R-1 TO PD-33 FOR THE FERRO/RONCONI PROJECT, CONSISTING OF 160 SINGLE-FAMILY HOMES AND RELATED IMPROVEMENTS, LOCATED AT THE NORTHEAST CORNER OF BALFOUR ROAD AND GRIFFITH LANE (APN 012-130-006 AND APN 012-130-007).

WHEREAS, KB HOME South Bay Inc. has requested approval of a rezone from R-1 to PD-33 for development of the Ferro/Ronconi project, consisting of 160 single-family homes and related improvements, located at the northeast corner of Balfour Road and Griffith Lane (APN 012-130-006 and APN 012-130-007); and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 500 feet of the project site and published in the Brentwood Press on November 28, 2008, in accordance with City policies and Government Code 65090; and

WHEREAS, the Planning Commission recommended approval of the rezone at its regular meeting of November 4, 2008 by adopting Resolution No. 08-055; and

WHEREAS, the Planning Commission also approved a corresponding vesting tentative subdivision map (VTSM 9173) and design review (DR 07-14) at its regular meeting of November 4, 2008 by adopting Resolution No.’s 08-056 and 08-057, respectively; and

WHEREAS, the City Council considered this request at a public hearing at its regular meeting of December 9, 2008, and considered the staff report, the Planning Commission recommendation, all accompanying information, and testimony received from all interested parties.

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

1. The proposed rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act, as a mitigated negative declaration has been adopted for the project.

2. The proposed rezone will not result in any adverse impacts to surrounding properties.

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

4. The proposed rezone will establish clear development standards for the uses permitted under the General Plan, Zoning Ordinance, and conditionally approved Vesting Tentative Subdivision Map No. 9173.

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

6. The proposed rezone will provide for adequate public uses and private open space.

7. The proposed development will clearly result in a more desirable use of land, and a better physical environment than would be possible under any single or combination of zones.

8. The proposed rezone is on property that has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any traffic generated by the development.

9. The plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties, and adequate landscaping and/or screening is included if necessary to ensure compatibility.

10. The natural and scenic qualities of the site are protected, with adequate available public and private open spaces designated on the development plan.

11. The development of the subject property, 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 will be consistent with the General Plan, including all relevant Elements thereof, and with any applicable Specific Plan adopted by the City, as well as the Zoning Ordinance.

12. The approximate 42-acre site, as requested and as reflected in the attached Exhibit “A”, is hereby rezoned from R-1 to PD-33 and City staff is hereby directed to make the appropriate changes to the Brentwood Municipal Code and the Zoning Map.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 9th day of December 2008, by the following vote:





EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO.
REZONE NO. 07-08
PD-33 ZONE


17.483.001 Authority, purpose and intent.

The authority, purpose and intent for adoption of the PD-33 Zone are as follows:

A. Authority. The PD-33 Zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations, of this title.

B. Purpose. The purpose of the PD-33 Zone is to permit and regulate the development of the Ferro/Ronconi property in accordance with the General Plan for a maximum of 160 single-family residential lots.

C. Intent. The PD-33 Zone is intended to provide a neighborhood with a mix of single-family homes on various lot sizes, recreational amenities and open space in conformance with the General Plan.

17.483.002 Permitted uses.

A. Single-family dwelling units;
B. Parks, playgrounds and recreation trails;
C. Other permitted uses identified in Chapter 17.130 of the Brentwood Municipal Code (R-1 Zone)

17.483.003 Conditionally permitted uses.

A. Secondary housing units subject to Section 17.100.005 of the Brentwood Municipal Code;
B. Those uses identified in Chapter 17.130 of the Brentwood Municipal Code as being conditionally permitted (R-1 Zone).

17.483.004 General development standards.

A. Minimum lot area: 6,600 square feet
B. Minimum lot width: 60 feet
C. Minimum lot depth: 100 feet
D. Minimum front yard setback: 20 feet for street facing garages, 15 feet for side-loading garages and living space, and 10 feet for front porches
E. Minimum side yard setback: 5 feet and a total of 10 feet for both sides, 10 feet at corner lots with 5 feet for side porches
F. Minimum rear yard setback: 15 foot minimum, with a 20 foot average (5 foot minimum at detached garage)
G. Maximum building height: 30 feet and two stories
H. Maximum lot coverage: 45% for single-story units and 40% for two-story units


17.483.005 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) of the Brentwood Municipal Code.

B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H) of the Brentwood Municipal Code.

C. The parking and storage of boats, trailers, and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016 of the Brentwood Municipal Code.

D. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660 of the Brentwood Municipal Code.

E. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660, with the following exceptions:

a. Pop-outs at garage doors may encroach two feet into the required front yard setback.

b. Setbacks are measured to building structure. Flatwork, column flairs, architectural elements, overhangs, and non-structural build-outs may encroach two feet into all required setbacks.

c. Setbacks for side loading garages are measured to structural walls. Built-out or recessed window elements may encroach up to two feet into required front yard setbacks.

F. Lot width for lots on cul-de-sacs, curvilinear streets, etc. shall be measured 30 feet from the front property line.

G. The development of this zoning district shall be substantially in accordance with the development plan. Variations in the development plan including street and lot pattern may be approved through the subdivision map process.

H. Corner lot fences shall be set back a minimum of 5 feet from street side property lines. The homeowner shall be responsible for planting and maintaining attractive landscaping in the area between the fence and sidewalk.

17.483.006 Map for PD-33.



 
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov