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CITY COUNCIL AGENDA ITEM NO. 24

Meeting Date: November 14, 2000

Subject/Title: Amendment to Planned Development (PD) 29 Subarea “A” Development Guidelines establishing development standards for the Schemes “B” and “C” detached garages.

Submitted by: Oshinsky/Zilm 

Approved by: Jon Elam, City Manager

RECOMMENDATION
Introduce and waive the first reading of Ordinance No.____ approving an amendment to Planned Development No. 29 Subarea “A” Development Guidelines establishing development standards for the Schemes “B” and “C” detached garages. 

PREVIOUS ACTION
The City Council approved Planned Development No. 29 on November 16, 2000. The Planning Commission approved Tentative Map 8226 on November 16, 2000 by a 3- 1 –1 vote. On September 19, 2000, the Planning Commission recommended approval of the amendment to Planned Development No. 29 Development Standards by changing the development standards for Subarea “A” to allow for the construction of the 2nd story over the single story detached garage.

BACKGROUND
The Planning Commission at their September 19, 2000 meeting considered and on a 5 – 0 recommended that the City Council amend the existing Planned Development 29 development standards to allow for the construction of a 2nd story bonus room over the single story detached garage on 43 lots within Subdivisions 8226 and 8402 and to allow the 2nd story bonus room to exceed the 15 foot maximum height limit, by 10 feet and to allow the single story detached garage to be constructed with a kitchen and be considered a living unit. 

Pulte is planning to offer three different schemes to this detached garage. Scheme “A” is a single story plan for a garage only and no changes to the PD guidelines would be required to build this because, it is permitted by right under the Zoning Ordinance providing it stays under 15 feet in height. Scheme “B” is a 2-story plan with the option to have either a bonus room or bedroom with a bathroom and closet above the garage with stair access to the upstairs located on the outside of the garage. This scheme would require a change to the PD guidelines to allow it to exceed the 15 foot height limit. Scheme “C” is a single story plan used as living space only with an option for a bonus room or bedroom, bathroom and kitchen. No changes to the PD guidelines would be required if it was built with everything but the kitchen. By adding a kitchen it becomes living space and would require changes to the PD guidelines.

There are 26 lots (Lots 5, 12, 15, 24, 25, 26, 36, 37, 48, 49, 52, 55, 66, 69, 76, 80, 82, 84, 87, 89, 101, 131, and 136) within Subdivision 8226 and 17 lots (Lots 2, 4, 14, 20, 23, 44, 45, 48, 51, 53, 54, 55, 57, 72, 74, 96, 98, 99, 101, and 107) within Subdivision 8402 that are large enough to allow for the 2 story Scheme “B” detached garage with a side yard driveway access. The Planning Commission conditioned the applicant so that only the above mentioned lots would be allowed to have the two story detached garage. 

As for Scheme “A” this workshop/game room unit is permitted by right under the Zoning Ordinance providing it is under 15 feet in height and is at least 5 feet from all property lines. Under these guidelines this unit could be built on any lot that has at least a 30 foot rear yard setback. Scheme “C” could be constructed on the same lots as Scheme “A” providing it meets the same guidelines, however the applicant is proposing that this Scheme “C” unit have a kitchen area thereby making it a living unit. In order to allow for this Scheme “C” unit, with a kitchen, the PD Guidelines would have to be amended.

EXHIBITS:
A. City Council Ordinance No. ____.
B. Amended Planned Development No. 29 development standards.
C. Draft Minutes from the Planning Commission meeting of October 17, 2000.
D. Tentative Map 8226. 

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND THE PLANNED DEVELOPMENT NO. 29 SUBAREA “A” DEVELOPMENT GUIDELINES ESTABLISHING DEVELOPMENT STANDARDS FOR THE SCHEMES “B” AND “C” DETACHED GARAGES, WITHIN SUBDIVISION NOS. 8226 AND 8402, LOCATED NORTH OF LONE TREE WAY, EAST OF O’HARA AVENUE AND WEST OF ANDERSON LANE FILED BY PULTE HOMES. 


WHEREAS, the applicant has filed for an amendment of the development standards of his property to accommodate the subdivision; and

WHEREAS, on October 17, 2000 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution Nos. 99-47 which recommended the approval to amend Planned Development No. 29 Subarea “A” development guidelines establishing development standards for the Scheme “B” and “C” detached garages; and

WHEREAS, an Initial Study and Negative Declaration was prepared for Tentative Subdivision Map 8226 in accordance with the California Environmental Quality Act and was considered as a part of the review and approval process; and

WHEREAS, the Negative Declaration identified 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, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on September 9, 2000, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; and

WHEREAS, the City Council has reviewed and approved the request, by Pulte Homes, to amend the PD-29 Development Standards to allow the 2 story Scheme “B” detached garage to only be constructed on Lots 5, 12, 15, 24, 25, 26, 36, 37, 48, 49, 52, 55, 66, 69, 76, 80, 82, 84, 87, 89, 101, 131, and 136 within Subdivision No. 8226 and Lots 2, 4, 14, 20, 23, 44, 45, 48, 51, 53, 54, 55, 57, 72, 74, 96, 98, 99, 101, and 107 within Subdivision No. 8402 and to allow this 2 story detached garage to exceed the 15 foot maximum height limit for accessory structures, by 10 feet; and

WHEREAS, the City Council has reviewed and approved the request, by Pulte Homes, to amend the PD-29 Development Standards to allow the Scheme “C” detached garage to be constructed with a kitchen making it a living unit; and 

WHEREAS, the City Council of the City of Brentwood hereby finds, as follows, that the proposed amendment will:

1. Establish clear development standards for the uses permitted under the General Plan and the approved Tentative Subdivision Map Nos. 8226 and 8402.

2. Provide standards resulting in development that is consistent and compatible with surrounding uses.

3. Provide for adequate public uses and private open space.

4. Generate a level of traffic that can be accommodated by the public circulation system, existing or planned.

5. 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).

6. That 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.

7. That the PD Zone proposed amendment is on property which has suitable relationship to one or more thoroughfares; and that said thoroughfares are adequate to carry any traffic generated by the development.

8. That 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 that adequate landscaping and/or screening is included if necessary to insure compatibility.

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

10. That 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 in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s Community Development Plan, including all relevant Elements therefore, and with any applicable Specific Plan adopted by the City.

11. The City Council has reviewed the Mitigated Negative Declaration prepared for this project and orders the filing of the Notice of Determination with the County Clerk.

12. Pursuant to Section 15168 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 upon 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 specified in the Program EIR to the project and imposes additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions of approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 General Plan is adequate for all approvals relating to the project.

13. The City Council further finds that no significant new information within the meaning of the 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. The Mitigated Negative Declaration has not undergone any reorganization on this account. 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, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. The subject project is hereby zoned as Subarea “A” within Planned Development 29 for single family residential units.

Section 2. Chapter 17.479 has hereby been amended for the purpose of regulating certain real property and establishing development standards for the Scheme “B” and 
“C” detached garages.

Section 3. Chapter 17.479 is hereby known as Planned Development 29 (PD-29).

Section 4. Amendments to Chapter 17.479 are hereby added to read as shown in Exhibit “B” attached hereto and made a part of this Ordinance.

Section 5. 

A. 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.

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

Section 6. 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 14th day of November and adopted at a regular meeting of Brentwood City Council on the _____day of ___________, 2000, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: 

CHAPTER 17.479
PD – 29 (PLANNED DEVELOPMENT 29) ZONE

O’HARA / ANDERSON PROPERTIES

17.479.001 AUTHORITY, PURPOSE AND INTENT
17.479.002 PERMITTED USES
17.479.003 CONDITIONALLY PERMITTED USES
17.479.004 REGULATIONS FOR SUBAREA A
17.479.005 REGULATIONS FOR SUBAREA B
17.479.006 REGULATIONS FOR SUBAREA C

17.479.001 AUTHORITY, PURPOSE AND INTENT:

The authority, purpose and intent for the adoption of the PD-29 (Planned Development 29) zone are as follows:

A. Authority: PD-29 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: The purpose of the PD-29 zone is to permit and regulate the orderly development of single family detached homes, Planned Employment Center (PEC), and public uses in accordance with the goals of the City of Brentwood’s Planned Development regulations. PD-29 is being divided into three (3) subareas. Specific uses and development standards are being proposed for only one of the subareas at this time. Specific uses and detailed development standards for the remaining subareas will be proposed at a later date when these areas are ready for development and/or redevelopment.

17.479.002 PERMITTED USES FOR SUBAREA A:

Permitted uses in the PD-29 zone are those permitted under R-1 (Single Family Residential) zone, Section 17.130.002 of the Zoning Ordinance.

17.479.003 CONDITIONALLY PERMITTED USES FOR SUBAREA A:

Conditionally permitted uses are those uses identified in Section 17.130.003 of the Zoning Ordinance, which are subject to the granting of a Conditional Use Permit by the City.

17.479.004 REGULATIONS FOR SUBAREA A:

The following regulations shall apply to Subarea A:

A. Minimum Lot Area: 7,000 square feet.

B. Average Lot Area: 9,000 square feet.

C. Minimum Lot Width: Seventy (70) feet.

1. The lot width for lots on cul-de-sacs, curvilinear streets, etc. shall be a minimum of forty (40) feet at the front property line.

D. Minimum Lot Depth: One-hundred (100) feet.

E. Minimum Front Yard: Twenty (20) feet to the garage; except twelve (12) feet to the garage for a swing driveway. Fifteen (15) feet to any living space. Twelve (12) feet for porches.

F. Minimum Lot Frontage: One-half (1/2) the required lot width.

G. Minimum Side Yard: Minimum five (5) feet; sum of both sides, fifteen (15) feet. Corner lots shall maintain a minimum side yard on the street of ten (10) feet. Driveways and/or flatwork shall be allowed within the setback area.

H. Minimum Rear Yard: Twenty (20) feet.

I. Maximum Lot Coverage: 40%

J. Maximum Building Height: No main building shall exceed the height of two stories and thirty (30) feet. The single story detached garage unit shall not exceed 15 feet in height. The two story detached garage unit shall not exceed 25 feet in height. 

K. Detached Garages and Out Buildings: Will have a minimum setback of five (5) feet from all property lines. The 2 story Scheme “B detached garage unit shall only be constructed on Lots 5, 12, 15, 24, 25, 26, 36, 37, 48, 49, 52, 55, 66, 69, 76, 80, 82, 84, 87, 89, 101, 131, and 136 within Subdivision No. 8226 and Lots 2, 4, 14, 20, 23, 44, 45, 48, 51, 53, 54, 55, 57, 72, 74, 96, 98, 99, 101, and 107 within Subdivision No. 8402. The Scheme “C” detached unit can include a kitchen area.

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

M. Off-street parking shall be provided pursuant to Chapter 17.620 and Sections 17.100.004.H.

N. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.0016.

O. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660.

P. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.

Q. 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.

R. Maximum number of dwelling units shall be 245.

S. A minimum of 50% of the homes abutting O’Hara Avenue shall be single story.

T. Side Loading Garage: Ten (10) percent of the lots shall have side-loading garages.

U. Corner Lots: Fifty (50) percent of corner lots shall have single story units.

V. A minimum of twenty-five (25) percent of the lots shall have single story units.

W. The City’s decorative street light standard shall be utilized throughout the subdivision.

17.479.005 REGULATIONS FOR SUBAREA B:

The following regulations shall apply to Subarea B:

A. Development standards shall be adopted at a later date, but prior to development or redevelopment of the properties. 

B. Maximum number of dwelling units shall be 84.

17.479.006 REGULATIONS FOR SUBAREA C:

The following regulations shall apply to Subarea C:

A. Development standards shall be adopted at a later date, but prior to development or redevelopment of the properties. 

B. Maximum number of dwelling units shall be 13.

City Administration
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