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 CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: October 9, 2001

Subject/Title: Public Hearing for an Amendment to Planned Development (PD) 35 to create development standards for Subarea “A” (Tentative Subdivision Map 8281), within PD-35.

Submitted by: Community Development Department (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. 35 by adding development standards for Subarea “A” (Tentative Subdivision Map 8281) within PD-35. 

PREVIOUS ACTION
The Planning Commission has recommended approval of this amendment to Planned Development Number 35 (PD-35) by adding development standards for Subarea “A” (Tentative Subdivision Map 8281) within PD-35.

BACKGROUND
In October 1998 the City Council approved the application to annex roughly 1100 acres in the northwest portion of the City. This annexation took in all of the unincorporated land that was between the cities of Antioch and Brentwood creating a common city boundary line between the 
two cities. In April 1999 the applicant submitted plans to develop their 44 acres for a single family residential housing development. The map has been revised several times leading to the current street design and lot count of 130 lots. 

The Planning Commission at their July 17, 2001 meeting considered and on a 4 – 0 vote, recommended that the City Council amend the existing shell Planned Development 35 by creating development standards for Subarea “A” (Tentative Subdivision Map 8281) within PD-35. PD-35 was created as a shell PD for the entire northwest area at the time it was annexed. As development occurs within the PD each developer is responsible for creating development standards for their individual developments. This is the third property within the PD proposed for development. The applicant is proposing lot sizes of 8,000-sq. ft. or larger and a density of 2.95 units per acre. This is in the middle of the General Plan Low Density Designation of 1 to 5 units per acre and below the midrange of 3 units per acre. 

Currin-Martin Development, would like to amend the PD-35 standards to include their property in standards and use the proposed development standards for their individual project. The proposed standards are as follows:

DEVELOPMENT STANDARDS FOR TENTATIVE SUBDIVISION MAP 8281

General Development Standards For Subarea “A” of PD-35: All permitted and conditionally permitted uses shall conform to the Development Standards set forth below:

A. Single Family Residential – 8,000 sq. ft. to 19,999 sq. ft.

1. Minimum Lot Size: 8,000 sq. ft.

2. Minimum Lot Width: 70 feet as measured at the front building line.

3. Minimum Street Frontage: 30 feet.

4. Minimum Front Yard Setback: 15-foot minimum with an overall average setback of 20 feet. Front facing garages shall be setback a minimum of 20 feet.

5. Minimum Side Yard Setback: 7-foot minimum with a 17-foot aggregate setback, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard setback, on the street side, of 10 feet.

6. Minimum Rear Yard Setback: 20-foot minimum as measured from the property line to the building foundation. Rear yard garages shall be considered an Accessory Building and shall meet all requirements as shown in Section 17.660.006 of Brentwood’s Zoning Ordinance.

7. Maximum Building Height: 30 feet.

B. Single Family Residential – 20,000 sq. ft. or larger.

1. Minimum Lot Size: 20,000 sq. ft. 

2. Minimum Lot Width: 90 feet as measured at the front building line.

3. Minimum Street Frontage: 45 feet.

4. Minimum Front Yard Setback: 20-foot minimum. Front facing garages shall be setback a minimum of 20 feet.

5. Minimum Side Yard Setback: 10-foot minimum with a 25-foot aggregate setback. Corner lots shall maintain a minimum side yard setback, on the street side, of 15 feet. 

6. Minimum Rear Yard Setback: 20-foot minimum. Rear yard garages shall be considered an Accessory Building and shall meet all requirements as shown in Section 17.660.006 of the Brentwood Zoning Ordinance.

7. Maximum Building Height: 30 feet. 
FISCAL IMPACT: 

This project will generate revenue through Development and Building Permit fees. 

EXHIBITS:

A. City Council Ordinance No. ____.
B. Amended Planned Development No. 35 development standards for Subarea “A” (Tentative Subdivision Map 8281).
C. Minutes from the Planning Commission meetings of July 17, 2001.
D. Tentative Map 8281 and site map.
E. Mitigated Negative Declaration for Tentative Subdivision Map 8281.

EXHIBIT “A”

ORDINANCE NO. ____ 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 35 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA “A” (TENTATIVE SUBDIVISION MAP 8281) WITHIN PD-35 LOCATED WEST OF FAIRVIEW AVENUE AND SOUTH OF LONE TREE WAY. 

WHEREAS, the applicant has filed for an amendment of PD-35 in order to establish development standards for his property; and

WHEREAS, on July 17, 2001 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 01-22 which recommended the approval of the amendment to Planned Development No. 35 by adding development standards for Subarea “A” (Tentative Subdivision Map 8281) within PD-35; and

WHEREAS, an Initial Study and Negative Declaration was prepared for Tentative Subdivision Map 8281 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 28, 2001, 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. 8281.

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” (Tentative Subdivision Map 8281) within Planned Development 35 for single family residential units.

Section 2. Chapter 17.485 has hereby been amended for the purpose of regulating certain real property and establishing development standards for Subarea “A” (Tentative Subdivision Map 8281) for single family residential units.

Section 3. Chapter 17.485, Subsections 17.485.001 through 17.485.007 are hereby known as amended Planned Development 35 (PD-35) for Subarea “A”.

Section 4. Amendment to Chapter 17.485, Subsections 17.485.001 through 17.485.007 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 9th day of October, 2001, and adopted at a regular meeting of Brentwood City Council on the ___________, by the following vote:

CHAPTER 17.485
PD-35 (PLANNED DEVELOPMENT THIRTY-FIVE)
ZONE

SECTIONS:

17.485.001 Authority, Purpose and Intent
17.485.002 Permitted Uses
17.485.003 Conditionally Permitted Uses
17.485.004 Residential Types Permitted
17.485.005 General Development Standards
17.485.006 Design Review Criteria
17.485.007 Other Regulations

17.485.001 Authority, Purpose and Intent:

The authority, purpose and intent for the adoption of Planned Development Thirty-five (PD-35) Subarea “A” Zone (see the attached Subarea map) are as follows:

A. Authority: PD-35 is adopted pursuant to the authority set forth in Chapter 17.450 Planned Development Zones, General Regulations.

B. Purpose: The purpose of the PD-35 Subarea “A” Zone is to permit and regulate the development of single family detached homes on the Martin Property in accordance with the Brentwood General Plan.

C. Intent: It is intended that in order to achieve the purpose of the PD-35 Subarea “A” Zone, the development of the Martin Property will be undertaken in accordance with the Brentwood General Plan as follows:

1. A maximum of 130 single-family homes will be developed on the property.

2. 8,000 and 20,000 sq. ft. minimum lot sizes will be created.


17.485.002 Permitted Uses: The following uses are permitted in the PD-35 Subarea “A” Zone:

A. Those uses permitted under the R-1 Zone, Section 17.130.002.

17.485.003 Conditionally Permitted Uses: The following uses are permitted in the PD-35 Subarea “A” Zone:

A. Upon obtaining a Use Permit, those uses permitted under the R-1 Zone, Section 17.130.003.

17.485.004 Residential Type Permitted: The residential type permitted on the PD-35 Subarea “A” Zone, Martin Property, is as follows:

A. Single Family detached dwellings.

17.485.005 General Development Standards For Subarea “A” of PD-35: All permitted and conditionally permitted uses shall conform to the Development Standards set forth below:

A. Single Family Residential – 8,000 sq. ft. to 19,999 sq. ft.

1. Minimum Lot Size: 8,000 sq. ft.

2. Minimum Lot Width: 70 feet as measured at the front building line.

3. Minimum Street Frontage: 30 feet.

4. Minimum Front Yard Setback: 15-foot minimum with an overall average setback of 20 feet. Front facing garages shall be setback a minimum of 20 feet.

5. Minimum Side Yard Setback: 7-foot minimum with a 17-foot aggregate setback, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard setback, on the street side, of 10 feet.

6. Minimum Rear Yard Setback: 20-foot minimum as measured from the property line to the building foundation. Rear yard garages shall be considered an Accessory Building and shall meet all requirements as shown in Section 17.660.006 of Brentwood’s Zoning Ordinance.

7. Maximum Building Height: 30 feet.

B. Single Family Residential – 20,000 sq. ft. or larger.

1. Minimum Lot Size: 20,000 sq. ft. 

2. Minimum Lot Width: 90 feet as measured at the front building line.

3. Minimum Street Frontage: 45 feet.

4. Minimum Front Yard Setback: 20-foot minimum. Front facing garages shall be setback a minimum of 20 feet.

5. Minimum Side Yard Setback: 10-foot minimum with a 25-foot aggregate setback. Corner lots shall maintain a minimum side yard setback, on the street side, of 15 feet. 

6. Minimum Rear Yard Setback: 20-foot minimum. Rear yard garages shall be considered an Accessory Building and shall meet all requirements as shown in Section 17.660.006 of the Brentwood Zoning Ordinance.

7. Maximum Building Height: 30 feet. 

17.485.006 Design Review Criteria For Subarea “A” of PD-35:

A. Design and site development review shall be required for all housing developments within PD-35 pursuant Sections 17.100 and 17.800 of the Zoning Ordinance.

B. Where possible, the architect shall mix hip and gable roof forms. Where lots back up to major thoroughfares, rear yard architectural elevations should be designed with enhanced window trim and other features such as balconies, 2nd story bay windows and 2nd story bedroom popouts to provide greater articulation and variety to the rear elevation. 50% of the lots adjacent to arterial thoroughfares shall be single story plans. Structures taller than on story should be designed on wider and/or deeper lots with greater setbacks, developed facing the thoroughfare off a frontage road, or designed in such a manner as to resemble a one-story profile. Deviations from these suggested alternatives will require special consideration. 

17.485.007 Other Regulations:

A. Projections into Setback Areas: All Architectural features may project into the required front, side and rear yard setbacks as per Section 17.660 of Brentwood’s Zoning Ordinance.

B. The landscaping for PD-35 shall promptly comply with the regulations contained in the City of Brentwood Municipal Code Section 17.630 entitled “Landscaping and Screening“ and/or as approved as a part of PD-35. Required landscape plans shall be prepared and submitted with each tract map application within the zone.

C. The design of the subdivision entryway shall consist of a combination of signage, landscaping, lighting, monumentation, hardscape and other materials. This subdivision entryway design shall be reviewed and approved by the Planning Commission.

D. All developer provided front yard landscaping shall be installed with water conserving materials, as per applicable water conservation ordinances. Landscape and irrigation plans for each typical lot shall be submitted with each tract map application.

E. PD-35 shall contain park areas within or near its boundaries as designed by the Park and Recreation Master Plan. Open space areas may be required to be offered for dedication as part of the public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, approved by the City, sufficient to assure the maintenance and preservation of such a space whatever purpose it 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 other specification deemed necessary by the City.

F. Permitted uses in the park and open space areas include: Public parks and facilities, restrooms, playing fields, parking, playgrounds, drainage channels, Greenbelt areas which are formed by land development, pedestrian and/or bicycle trails, access for maintenance/emergency vehicles, and neighborhood open space/commons.

G. The properties include in PD-35 shall provide for a 5-acre passive neighborhood park area, the payment of “in-lieu” fees, or a combination thereof, as is required by the City’s General Plan. The park area shall consist of one 5-acre neighborhood park as required by the City of Brentwood and the Recreation Master Plan.

H. Off-street parking shall be provided pursuant to Section 17.620 of the City’s Zoning Ordinance. Where it is possible garages on corner lots shall be able to have their garage entries oriented to the side street, providing that the garage door is setback 20 feet from the property line. The storage of boats, trailers, and similar vehicles and equipment shall be subject to the provisions in Section 17.620.016 of the Zoning Ordinance.

I. Except as otherwise specified in regulations within this document, development of the PD-35 Zone shall be in accordance with existing City standards as contained in the Brentwood Municipal Code.




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