CITY COUNCIL AGENDA ITEM
Meeting Date: January 23, 2001
Subject/Title: Amendment to Planned Development (PD) 23 to
create development standards for the DeNova Homes’ project located
on the 25.74 acre Laird Property.
Submitted by: Oshinsky/Zilm
Approved by: Jon Elam, City Manager
Introduce and waive the first reading of Ordinance No.____ approving an amendment
to Planned Development No. 23 by adding development standards for the DeNova
Homes’ project (TSM 8416).
The City Council approved Planned Development No. 23 on March 3, 1993 allowing
for a density of 6 units per acre.
The Planning Commission at their November 8, 2000 meeting considered and on
a 5 – 0 vote, recommended that the City Council amend the existing “shell” Planned
Development 23 to create development standards for TSM 8416. The original PD
was created as a shell PD and as development occurred any developer would be
responsible for creating development standards for their development.
The General Plan designation for this property is Medium Density Residential
allowing a density of 5 to 11 units per acre with a midrange of 8 units per
acre. This project is proposing 133 units on 25.74 acres, giving it a density
of 5.16 units per acre, that is almost 1 unit per acre under the PD-23 allowable
density of 6 units per acre and almost 3 units per acre under the General Plan
mid-range density of 8 units per acre. The surrounding developments all have
densities greater than the DeNova Homes project. The Beck Development, to the
north, has a density of 7.08 units per acre, the Havenwood Development, to
the south, has a density of 6.01 units per acre and the Rural California Housing
Corporation Development to the west has a density of 6.70 units per acre. All
three developments were approved with minimum lot sizes smaller than the DeNova
When this property was annexed it was given a shell Planned Development designation
with no development standards. That was left to the first developer to develop
this area. DeNova Homes is the proposed developer of this property and submitted
the following development standards with their application for review and approval:
1. Minimum Lot Area: 4,675 square feet.
2. Minimum Lot Width: 55 feet.
3. Minimum Lot Depth: 85 feet.
4. Minimum Lot Frontage: 30 feet for all lots on cul-de-sacs, knuckles or curvilinear
5. Minimum Front Yard Setback: 20 feet for a street facing garage; 12 feet
for a turned garage; 15 feet for any living space and 12 feet for front porches.
6. Minimum Side Yard Setback: 5 feet and a total of 13 feet for both sides.
Corner lots, on the street side, shall maintain a minimum side yard setback
of 10 feet.
7. Minimum Rear Yard Setback: 15 feet.
8. Maximum Building Height: 30 feet and two stories.
9. Side Loading Garages: 10% of the total lots shall have side loading garages.
10. Corner Lots: 50% of the corner lots shall be single story plans.
11. Single Story Units: 25% of the total lots shall be single story plans.
12. A 40% maximum lot coverage.
13. Maximum Number of Units: 133 dwelling units.
14. Design and Site Development shall be required for all housing units pursuant
to Sections 17.100.003 and 17.100.004H.
15. Off-street parking shall be provided pursuant to Chapter 17.620 and Section
16. The parking and storage of boats, trailers and similar vehicles and equipment
shall be subject to the provisions of Section 17.620.016.
17. Accessory buildings and structures shall be permitted pursuant to the provisions
of Chapter 17.660.
18. Architectural features may project into any required yard pursuant to the
provisions of Chapter 17.660.
19. 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.
These development standards are consistent with the Zoning Ordinance and the
General Plan and are consistent with development standards for previously approved
subdivisions of this size within the City.
Several issues were brought up, by the City Council, at the January 9th meeting
relating to the timing of the improvements for the Sunset realignment and how
many homes could be constructed prior to the completion of this realignment.
The Conditions of Approval for the Tentative Map conditioned the applicant
to have the improvements to Sunset Road started by the issuance of the 26th
building permit and completed by the issuance of the 51st building permit.
The City Council had some concerns with these numbers and wanted the City Engineer
to work with the applicant to create a timetable that would get the improvements
to Sunset Road completed sooner. The City Engineer will be giving a verbal
report addressing the timing issues.
A. City Council Ordinance No. ____.
B. Amended Planned Development No. 23 development standards for DeNova Homes.
C. Minutes from the Planning Commission meetings of November 8, 2000.
D. Project site map and Tentative Map 8416.
E. Mitigated Negative Declaration for Tentative Subdivision Map 8416.
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED
DEVELOPMENT NO. 23 BY ADDING DEVELOPMENT STANDARDS FOR THE 25.74 ACRE DENOVA
HOMES PROJECT SITE LOCATED EAST OF BRENTWOOD BOULEVARD AND SOUTH OF SUNSET
WHEREAS, the applicant has filed for an amendment of the development
standards of his property to accommodate the subdivision; and
WHEREAS, on November 8, 2000 the Planning Commission conducted a duly
noticed public hearing, considered public comments and passed Resolution No.
00-75 which recommended the approval of the amendment to Planned Development
No. 23 development standards by adding development standards for the DeNova
Homes project; and
WHEREAS, an Initial Study and Negative Declaration was prepared for
Tentative Subdivision Map 8416 in accordance with the California Environmental
Quality Act and was considered as a part of the review and approval process;
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 November 20, 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 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 No. 8416.
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
NOW, THEREFORE, the City Council of the City of Brentwood does hereby
ordain as follows:
Section 1. The subject projects are hereby zoned as amended Planned Development
23 for single family residential units.
Section 2. Chapter 17.47e has hereby been amended for the purpose of regulating
certain real property and establishing development standards for DeNova Homes’ project
for single family residential units.
Section 3. Chapter 17.473 is hereby known as Planned Development 23 (PD-23).
Section 4. Amendments to Chapter 17.473 are hereby added to read as shown in
Exhibit “B” attached hereto and made a part of this Ordinance.
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;
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
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 23rd day of January,
2001 and adopted at a regular meeting of Brentwood City Council on the _____day
of ___________, 2001, by the following vote: