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CITY COUNCIL AGENDA ITEM NO. 23

Meeting Date: September 12, 2000

Subject/Title: Application of Blackhawk-Nunn Active Adult Communities of Brentwood, L.P., and Augustino and Josephine Bacchini for rezoning of an approximately 357 acre site corresponding to Subdivision Map No. 7940 and zoning of an approximately 74 acre site corresponding to Subdivision Map No. 8089 to the PD-27 (Planned Development Zone 27) District (RZ 98-03) located generally in the area south of the East Contra Costa County Irrigation District Main Canal, east of the Fairview Avenue extension, north of Concord Avenue, and west of Marsh Creek, as reflected on the map below. A Mitigated Negative Declaration for the project has been prepared, pursuant to the California Environmental Quality Act, to assess potential environmental impacts and adoption of this environmental document will also be considered.

Submitted by: Mitch Oshinsky, Community Development Director / Lawrence Lew, Associate Planner

Approved by: Jon Elam, City Manager

RECOMMENDATION
Adopt the Negative Declaration and introduce and waive the first reading of Ordinance No. ___, approving RZ 98-03.

PREVIOUS ACTION
Subdivision No. 7940 was approved by the City in December, 1997 and the property was previously rezoned to the PD-27 District. The property encompassed by Subdivision Map No. 8089 was annexed to the City in May 1997. Because the Local Agency Formation Commission added this latter area to another annexation proposal after the City had taken final action regarding prezoning, no zoning district was applied to the property at time of annexation to the City.

BACKGROUND
At its meeting of August 15, 2000, the Planning Commission approved an application for the subdivision of a 74-acre project into 245 parcels for single-family residential use, subject to conditions of approval. Concurrent with that action, the Commission also recommended to the City Council approval of an accompanying application to amend the existing PD-27 in its entirety as it applies to the adjacent phase of the Brentwood Country Club (Subdivision Map No. 7940) and to extend the zoning to the 74-acre subdivision site (Subdivision Map No. 8089). Based on the Initial Study prepared for the project, including the rezoning and the subdivision, a mitigated Negative Declaration was prepared as provided for under the provisions of the California Environmental Quality Act. A copy of the environmental document is attached to this staff report for the Council’s review and consideration.

Major amendments to PD-27 include the following:

· Deletion of reference to “non-age restricted” residential units as an allowed use;
· Addition of reference pertaining to Section 51 of the California Civil Code regarding age-restricted occupancy of allowed residential units;
· Increases maximum amount of residential units that can be developed in the zoning district from 992 to 1,126 units;
· Revisions to building setback matrix exhibit, eliminating reference to non-age restricted units, and modifying the setback for front-entry garage door from an 18-foot to a 20-foot minimum for lots within Subdivision Map No. 8089;
· Establish separate regulations and standards for the existing residential property now existing on the 74-acre site but not considered a portion of the Brentwood Country Club.

ANALYSIS
The proposed amendments and rezoning will not significantly affect the existing phase of the Summerset at Brentwood Country Club as most of the modifications to the existing text are “housekeeping” measures and other provisions pertain more to the final phase of development as encompassed in Subdivision No. 8089. The most significant change will be the elimination of the option of having “non-age restricted” residential units. Relative to the new phase, the subdivision and its development will be dependent on the regulations and standards of the amended PD-27. One change to development standards applicable to the new subdivision is that the garage door setback for front-entry garages will be increased to a minimum of 20 feet from 18 feet.

The applicant desired that these adjoining phases of the Brentwood Country Club be developed under a cohesive set of regulations and standards. Staff feels this is a reasonable objective and concludes that the amendments to the text of PD-27 are appropriate for the project and should improve the administration of its provisions. The Planning Commission concurred with this conclusion in recommending approval of the proposed rezoning. A copy of excerpts from the Planning Commission meeting of August 15, 2000, are attached to this staff report for the Council’s information.

ATTACHMENTS
1. Excerpts of minutes from the Planning Commission meeting of August 15, 2000
2. Draft Negative Declaration
3. Draft Ordinance No. ____

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING IN ITS ENTIRETY PLANNED DEVELOPMENT ZONE 27 (PD-27), REZONING AN APPROXIMATELY 357-ACRE SITE CORRESPONDING TO SUBDIVISION MAP NO. 7940 AND ZONING AN APPROXIMATELY 74-ACRE SITE CORRESPONDING TO SUBDIVISION MAP NO. 8089, LOCATED GENERALLY IN THE AREA SOUTH OF THE EAST CONTRA COSTA COUNTY IRRIGATION DISTRICT MAIN CANAL, EAST OF FAIRVIEW AVENUE EXTENSION, NORTH OF CONCORD AVENUE, AND WEST OF MARSH CREEK (RZ 98-03) AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR SAID PROJECT (APN 010-040-006, et.al.)


WHEREAS, Blackhawk-Nunn Active Adult Communities of Brentwood, LP, and Augustino and Josephine Bacchini have submitted a rezoning application to amend the text of the PD-27 District in its entirety and to expand the zoning district boundaries to include a new subdivision project intended as the final phase of the Summerset at Brentwood Country Club residential development; and

WHEREAS, the applicants have also submitted a concurrent tentative subdivision map application to create 245 parcels for residential use on an approximately 74-acre site located generally in the area east of Fairview Avenue extension, north of Concord Avenue, and west of Marsh Creek; and

WHEREAS, at a public hearing held at its meeting of August 15, 2000, the Planning Commission approved said subdivision application, subject to conditions of approval, of which one condition stated the subdivision approval was dependent on the approval of the related provisions contained in said rezoning, and recommended approval, subject to modifications, of said rezoning to the City Council; and

WHEREAS, an Initial Study was conducted for this project and, on the basis of this analyses, it was determined that the project may result in potential, significant adverse impacts but that with feasible mitigation measures and other modifications to the project, these have been reduced to a level of insignificance, and that, therefore, a Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA); and

WHEREAS, the availability of said environmental document for the minimum 30-day public review and comment period was begun on June 6, 2000 and ended on July 5, 2000, a corresponding notice was mailed to all property owners within the subject rezoning and subdivision project area and within 300 feet of the subject properties, and said notice was published in the Ledger Dispatch, a newspaper of local circulation, on June 6, 2000; and

WHEREAS, said environmental document was distributed within this time period to the State Clearinghouse and to City departments and local agencies for review and comment and comments on the Negative Declaration were received from three interested parties, appropriate responses were prepared for said comments, and all relevant information was included in the final environmental document; and

WHEREAS, the City Council of the City of Brentwood has received and reviewed a copy of the environmental document, text of proposed rezoning, considered the staff report, analyses and recommendations contained therein, considered the public testimony, and all other information submitted with the proposed rezoning text at its meeting on September 12, 2000, and finds that:

1. The rezoning is consistent with the City’s General Plan because the provisions are consistent with the residential and related land use designations and with the maximum amount of units allowed based on the relevant factors contained in the General Plan.

2. The rezoning will result in more desirable use of land and an improved physical environment than would be possible under any single or combination of zones because the expansion of the zoning district is a “natural” extension of applicable development standards and land use regulations as the proposed development is intended to be a phase of residential community already under development in previously approved plans under similar zoning regulations.

3. The rezoning will involve areas which are abutting public streets which will provide physical access to the project sites and that based on traffic analysis conducted for the project, there is sufficient capacity with appropriate improvements to accommodate the traffic anticipated to be generated by development.

4. The natural and scenic qualities of the project site are protected with adequate public and private open spaces because the provisions of the district will facilitate the establishment of open space within and adjacent to the project, including detention basins, golf course fairways, and protection of a significant riparian habitat through the establishment of an open space corridor with recreational trail, staging area, and bridge to facilitate connection to existing segments of the public trail system; and

5. The development of the subject property facilitated by this rezoning will not be detrimental to the public welfare, will be in the best interests of the City, and will be in keeping with the general intent and spirit of the Zoning Ordinance and General Plan because the provisions of the amendment will be consistent with the standards previously established in the residential development while establishing standards and design objectives which respond to the unique setting of the final phase of said residential development.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds and determines as follows:

1. That the Mitigated 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 15168 © and 15162 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 1993 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, the 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 1993 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 which would necessitate recirculation of the Mitigated Negative Declaration for public review. The City Council has considered all verbal and written comments relating to the Mitigated 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 hereby approve the Negative Declaration and directs staff to file a Notice of Determination; and

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. Section 17.477, Planned Development Zone 27, of the Municipal Code of the City of Brentwood is hereby repealed in its entirety.

Section 2. The Municipal Code of the City of Brentwood is hereby amended by adding a new Section 17.477 to read as shown in Exhibit “A,” attached hereto and made a part of this Ordinance.

Section 3. 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 in the Ledger-Dispatch a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

Section 4. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 5. In accordance with California 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 12th day of September, 2000, and adopted at a regular meeting of the Brentwood City Council on the _____ day of _______________, 2000, by the following vote:


AYES: 

NOES: 

ABSENT: 

ABSTAIN: 


Exhibit “A”
CHAPTER 17.477

PLANNED DEVELOPMENT ZONE 27 (PD-27)
REGULATIONS FOR DEVELOPMENT OF PROPERTIES
KNOWN AS BRENTWOOD COUNTRY CLUB, LYING
SOUTH OF ECCID MAIN CANAL AND LATERAL 7 NORTH
AND NORTHEAST OF CONCORD AVENUE


Sections

17.477.001 Authority, Purpose, and Intent
17.477.002 Area A, Residential and Golf Uses
17.477.003 Area B, Future Transportation and Interim Uses
17.477.004 Area C, Public Service Uses
17.477.005 Area D, Single-Family Residential Uses

17477.001 Authority, Purpose, and Intent.

A. Authority. This zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones – General Regulations, of the Brentwood Municipal Code.

B. Purpose. Purposes of this zone are to replace the zoning districts previously applicable to the property and to permit and regulate the development of the approximately 432 acres described on the attached Exhibit “A”. Further, in recognition of the very large size of the Brentwood Country Club, its age-restricted occupancy, and its probable construction over a number of years, it is also the purpose of this zone to allow flexibility in the design and development standards, to encourage construction of a high-quality community, to facilitate ease of adapting the housing product to market demands which change over time, and to allow construction of streets and other improvements consistent with reduced demand levels of age-restricted occupancy.

C. Intent. In order to achieve the purpose of the PD-27 Zone, it is intended that development be in accordance with the land uses and acreage of attached Exhibit “A”.

17.477.002 Area A, Residential and Golf Uses.

A. Permitted Uses, Area A.

1. Single-family, single-story detached and attached homes for age-restricted occupancy consistent with the provisions of Section 51 of the California Civil Code.
2. Model home sales facilities.
3. Golf course and related facilities including, tennis courts, maintenance structures and related recreation facilities.
4. Homeowners’ association recreation buildings, tennis courts, recreational vehicle parking lots, other common-use facilities and open area.
5. Other uses determined by the Zoning Administrator to be similar to and compatible with the preceding permitted uses.

B. Conditionally Permitted Uses, Area A. The following uses may be permitted pursuant to approval of a conditional use permit:

1. Uses determined by the Zoning Administrator to be similar to and to be ancillary to a Permitted Use.

C. Maximum Number of Units and Minimum Lot Area, Area A.

1. Maximum Units. A maximum of 1,126 dwelling units may be developed.

2. Lot Area. Minimum lot area shall be 4,000 square feet, provided that 2,500 square feet is the permitted minimum per attached duet dwelling unit. A variety of lot sizes, larger than the minimums, shall be included to provide a variety of housing products and yard conditions.

3. Setbacks, Height and Parking. Each yard setback specified in Tables A and B shall be measured from its respective property line, except that measurement shall be from the back of sidewalk wherever a street’s sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter 17.660, Encroachments Into Required Yards.


TABLE A

Setbacks, Height, and Parking, Area A Age-Restricted Units
Properties Within Tentative Subdivision MapNo. 7940 Duet Lot All Other Lots
A. Minimum Front Yard1) To a garage door of a front-entry garage2) To a wall of a side-entry garage3) To a wall of a habitable room 18’NA13’ 18’10’13’
B. Minimum Side Yard Adjoining a Street NA 12’
C. Minimum Side Yard at an Interior Lot Line1) To a wall of a garage2) To a wall of a habitable room3) Aggregate, both side yards 5’15’15’1 5’6’12’
D. Minimum Rear Yard 5’2 15’ where the yard adjoins a golf course; 15’ minimum and 20’ average elsewhere
E. Minimum Off-Street Parking, Spaces1) In a garage2) In a driveway 11 2
F. Maximum Building Height 35’ 35’
1 A 0’ setback is permitted at one side yard of a duet lot.2 Every duet unit shall include patio area of not less than 15’ x 10’ 

TABLE B

Setbacks, Height, and Parking, Area A Age-Restricted Units
Properties Within Tentative Subdivision MapNo. 8089 Duet Lot All Other Lots
A. Minimum Front Yard4) To a garage door of a front-entry garage5) To a wall of a side-entry garage6) To a wall of a habitable room 20’NA13’ 20’10’13’
B. Minimum Side Yard Adjoining a Street NA 12’
C. Minimum Side Yard at an Interior Lot Line4) To a wall of a garage5) To a wall of a habitable room6) Aggregate, both side yards 5’15’15’1 5’6’12’
D. Minimum Rear Yard 5’2 15’ where the yard adjoins a golf course; 15’ minimum and 20’ average elsewhere
E. Minimum Off-Street Parking, Spaces3) In a garage4) In a driveway 11 2
F. Maximum Building Height 35’ 35’
1 A 0’ setback is permitted at one side yard of a duet lot.2 Every duet unit shall include patio area of not less than 15’ x 10’ 

D. Construction Standards, Area A.

1. Age-Restricted Homes, Variety in Building Mass. Variety in building mass shall be accomplished by:
a. Inclusion in the floor plans available for purchase, varying front façade design, such as optional side-entry garages and varying the entryway location and design.
b. Avoidance of using a single floor plan more than twice in any group of four or more contiguous homes and
c. Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alter the visual mass of a floor plan.
d. Multiple floor plans incorporating design variations such as those of a, b and c above, shall be submitted at the time Site Design and Development Review.

2. Acoustical Analysis. Dwellings adjacent to Fairview Avenue and the State Route 4 Bypass shall be designed to meet the City’s interior noise level standard of 45dBALdn.

E. Design Review, Area A.

1. Residential Buildings. Design and Site Development Review shall be required pursuant to Chapter 17.820, except that authority to review and approve or deny an application for Design and Site Development Review is hereby delegated to the Zoning Administrator.

2. Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to a plan to be approved by the Zoning Administrator prior to issuance of building permits for the lots to be landscaped, fenced or walled. The plan shall specify colors, materials and spacing of elements.

3. Recreation Facilities and Conditionally Permitted Facilities. Design and Site Development Review approval by the Planning Commission pursuant to Chapter 17.820 shall be required for the following:
a. Golf clubhouse and related buildings.
b. Recreation buildings and accompanying outdoor facilities such as pools and
c. Buildings for which approval of a Conditional Use permit by the Planning Commission is required.

17.477.003 Area B, Future Transportation and Interim Uses.

A. Permitted Uses. The following uses are permitted within Area B:

1. Agriculture.
2. Transportation and public service uses.
3. Other uses determined by the Zoning Administrator to be similar to and compatible with agriculture, transportation, and public service uses.

B. Conditionally Permitted Uses. The following uses may be conditionally permitted within Area B pursuant to approval of a Use Permit:

1. Recreational commercial uses, including golf course and golf-related facilities.
2. Recreational vehicle storage lots.
3. Other land uses determined by the Zoning Administrator to require minimal construction of permanent buildings and otherwise possessing economic and physical characteristics consistent with termination of the use upon construction of highway improvements within Area B.

17.477.004 Area C, Public Service Uses.

A. Permitted Uses. The following uses are permitted within Area C:

1. Agriculture
2. Public service uses, including park.

B. Conditionally Permitted Uses. Land uses determined by the Zoning Administrator to be similar to and compatible with agriculture and public service uses may be permitted within Area C, pursuant to approval of a Conditional Use Permit.

17.477.005 Area D, Single-Family Residential Uses.

A. The purpose, regulations, and standards affecting this area shall be those contained within Chapter 17.130, R-1 (Single-Family Residential) Zone. This area and all existing single-family residential uses therein shall not be considered to be a part of the Brentwood Country Club and shall be allowed to continue, subject to said purposes, regulations, and standards of the typical R-1 zoning district.

City Administration
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