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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: April 9, 2002

Subject/Title: Public Hearing-Zoning Amendment to PD-35 to incorporate development standards for Subarea D TSM 8470 (Mission Peak Homes)

Submitted by: Community Development (Oshinsky/Leana) 

Approved by: John Stevenson, City Manager



RECOMMENDATION Waive the first reading and introduce Ordinance XXX which amends PD-35 by establishing development standards for tentative subdivision map 8470.

BACKGROUND In January, 2002, the Planning Commission in a 5-0 vote recommended approval of residential development standards and conditionally approved TSM 8470 a 162-lot single family residential development, to be built by Mission Peak Homes at the southeast corner of Lone Tree Way and Empire Avenue. Action by the City Council on the proposed development standards is needed to enable the developer to begin improvement plan drawings and start construction of his project.

ANALYSIS Subarea ‘D’ is the fourth subarea within PD-35; the other three are for the Arco Gas Station site, and the Centex Homes and Mark Pringle residential developments. The proposed development standards establish a minimum lot size of 8,000 sq. ft. within TSM 8470 and create standards for those lots less than 20,000 sq. ft. and for those lots greater than 20,000 sq. ft. The Planning Commission made minor changes to the standards, the most notable being the reduction in maximum building height from 35 to 30 feet in order to be consistent with other residential projects within the city. All of the Planning Commission’s changes have been added to the attached standards. 

With City Council approval of the attached ordinance, the builder hopes to begin construction this summer.

Attachments:
Map of PD-35 reflecting the four subareas.
Reduced copy of TSM 8470
Ordinance XXX with the proposed development standards.
Negative Declaration in Initial Study
EXHIBIT A
Amendment to PD 35

Development Standards

Authority, Purpose, and Intent. The authority, purpose, and intent for the adoption of development standards for PD-35 (Planned Development 35) are as follows: 
A. Authority. PD-35 (Planned Development 35) was created pursuant to the authority set forth in the "Brentwood Municipal Code" Chapter 17.450, entitled "Planning Development Zones -General Regulations". 
B. Purpose. The purpose of PD-35 is to and regulate development standards as set forth in Section 17.485.01. 
C. Intent. In order to achieve the purpose of the PD-35 Zone in implementing the development of single family housing, development standards must be established. 


Permitted Uses. The following entirety of uses shall be permitted within PD-35 (Planned Development 35):

A. Those uses which are permitted within the R-1 (single-family residential) zone, Section 17.130.002;

B. Low density single-family homes (one to five units per acre) with the average gross density for PD-35 (Planned Development 35) not exceeding three units per acre;

C. Parks;

D. Bicycle and pedestrian trails;

E. Other similar or compatible uses including park-and-ride lots, small family day care, home occupations, and model home sales facilities. (Ord. 602 § 1 (Exh. C (part)), 1998.


Conditionally Permitted Uses. The following entirety of uses require special consideration and approval of a conditional use permit in accordance with Brentwood Municipal Code Section 17.130.003 within PD-35 (Planned Development 35): 

A. Public and private schools, libraries and churches; 
B. Those conditionally permitted uses within the R-1 (single-family residential) zone;

C. Other uses similar in character to those uses listed above, as approved by the planning commission and zoning administrator. (Ord. 602 § 1 (Exh. C (part)), 1998)


Permitted Accessory Uses and Structures. The following entirety of uses are permitted accessory uses and structures in accordance with Brentwood Municipal Code Chapter 17.660 within PD-35 (Planned Development 35). 

A. Arbors, trellises, gazebos and similar structures of open construction;

B. Fences and walls;

C. Garages;

D. Patio covers;

E. Swimming pools and spas;

F. Additional accessory uses and structures necessary or incidental to a principal use as approved by the community development department. (Ord. 602 § 1 (Exh. C (part)), 1998)


Regulations for Lot Area, Yards, Structure Height, and Other Regulations for Development


Single Family Residential - 8,000 SF to 19,999 SF Minimum 

1. Minimum Lot Area: The minimum lot area shall be 8,000 square feet. 
2. Minimum Lot Width: The minimum lot width, as measured at the front building line, shall be seventy (70) feet. 
3. Minimum Street Frontage: The minimum street frontage shall be thirty (30) feet. 
4. Minimum Front Yard Setback: The standard building setback shall be a minimum of fifteen (15) feet with an average overall setback of twenty (20) feet. Thirty (30)% or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty (20) feet as measured from property line to garage lip. 
5. Minimum Side Yard Setback: Side yard setbacks shall be fifteen (15) feet aggregate, with seven (7) feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten (10) feet. Rear yard garages: A proposed detached garage structure may be located within the side yard up to a "zero" setback (three feet per Uniform Building Code). Side yard setback minimums for cul-de-sac or knuckle non-rectangular lots shall be seven (7) feet at the front corners of the structure. When the side of the house is not parallel to a property line, the average aggregate side yard setback shall no be less than fifteen (15) feet. 
6. Minimum Rear Yard Setback: The rear yard setback for lots shall be a minimum of twenty (20) feet as measured from the property line to the building foundation. Rear yard garages: The proposed garage structure may be located within the rear yard up to a "zero" setback (three feet as per the Uniform Building Code). 
7. Projections into Setback Areas: Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setbacks as per Brentwood Municipal Code 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the front property line. 
8. Setbacks from Sidewalks: Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location. 
9. Maximum Building Height: The maximum building height for all structures shall not exceed thirty (30) feet. 
10. Detached Garages; Detached garages along any “zero” lot line shall be limited to 1-story. 
11. Fences; Minimum clearance from any part of the residence to a sideyard fence shall be five (5) feet. Sideyard fences on the street side of corner lots shall be five (5) feet behind the back of walk, or one (1) foot from the top of slope, whichever is greater.




Single Family Residential - Greater Than 20,000 SF 

1. Minimum Lot Area: The minimum lot area shall be 20,000 square feet.

2. Minimum Lot Width:
The minimum lot width, as measured at the front building line, shall be ninety (90) feet.

3. Minimum Street Frontage:
The minimum street frontage shall be forty five (45) feet. 
4. Minimum Front Yard Setback:
The standard building setback shall be a minimum of fifteen (15) feet with an average overall setback of twenty (20) feet. Thirty (30)% or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty (20) feet. 
5. Minimum Side Yard Setback: Side yard setbacks shall be thirty (30) feet aggregate, with twelve (12) feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of fifteen (15) feet. Rear yard garages: The proposed garage structure may be located within the side yard up to a ten (10) foot setback.

6. Minimum Rear Yard Setback:
The rear yard setback for lots shall be a minimum of twenty (20) feet with an average overall setback of at least twenty (20) feet as measured from the property line to the building foundation. Rear yard garages: The proposed garage structure may be located within the rear yard up to a "zero" setback (three feet as per the Uniform Building Code).

7. Projections into Setback Areas: Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setbacks as per Brentwood Municipal Code 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the front property line.

8. Setbacks from Sidewalks: Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height: The maximum building height for all structures shall not exceed thirty (30) feet. 
10. Detached Garages; Detached garages along any “zero” lot line shall be limited to 1-story. 
11. Fences; Minimum clearance from any part of the residence to a sideyard fence shall be five (5) feet. Sideyard fences on the street side of corner lots shall be five (5) feet behind the back of walk, or one (1) foot from the top of slope, whichever is greater.


GRADING STANDARDS:

Engineering Guidance:

Grading designs shall conform with the City if Brentwood Grading Ordinance.

Grades shall be designed in accordance with the recommendations of a licensed Civil Engineer or Soils Engineer.


STREET STANDARDS:

All public streets and private streets within the development area shall conform to those standards in the adopted City=s Roadway Infrastructure Master Plan and/or proposed as a part of PD-35 and approved by the Public Works Department.


UTILITY STANDARDS:

General: The location and construction of all utilities within the development area shall conform to those standards adopted by the Public Works Department, or proposed as a part of PD-35 and approved by the Public Works Department.

Underground: All utility service lines, transformers, control points, and other utility housings shall be underground.

Lighting Standards: All light standards for public streets within the development area shall conform to those standards adopted and approved by the Public Works Department and/or proposed as a part of PD-35 as follows:

* Empire Road, Lone Tree and Fairview Avenues North of ECCID easement: Cobra Heads

* Residential Collector: Decorative fixtures with a pole height if 18-20'.

* Residential: Decorative fixtures with a pole height if 16-18'.

* Residential Cul-de-sac: Decorative fixtures with height of 14' will be used on the residential side of the street.

* Residential Streets with Landscaped Medians: Decorative fixtures with a height of 14' shall alternate between the residential frontage and the landscaped medians.

* Park/Open Spaces Entrances: Decorative lighting, on pedestrian scale of 10-12 feet in height. 

All decorative light fixtures shall be consistent with City Standards for the type, model and make. Consideration will be given to complimentary smaller scale fixtures at residential streets with landscaped medians/cul-de-sacs and at Park/Open Space entrances. Lighting shall be shielded so as not to intrude onto adjacent residential properties.


LANDSCAPING STANDARDS:

General: The landscaping for PD-35 shall comply with the regulations contained in the City of Brentwood Municipal Code Chapter 17.630 and/or as approved as a part of PD-35. Required landscape plans shall be prepared and submitted by a registered landscape architect. The design and landscape plans shall be submitted with each tract map application within the zone.

Street Trees: Street trees are required to be planted on all streets within the development area. Tree spacing on Lone Tree Way shall be uniformly spaced at thirty (30) feet on center, and double lined where the frontage width will allow it. Tree spacing on all other residential streets shall be thirty (30) feet on center with at least one tree provided per lot. A street tree master plan shall be prepared and submitted with each tract map application. 

Entryway Design: The design of individual entryways shall consist of a combination of signage, landscaping, lighting, monumentation, hardscape and other materials. Entryway design shall be reviewed by the Planning Commission.

Front Yard All developer-provided front yard landscaping 
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.


OFF-STREET PARKING STANDARDS:

1. Parking Requirements: Off-street parking shall be provided pursuant to chapter 17.620 and/or as approved as a part of PD-35 and as approved by the Public Works Department.

2. Corner Lots: Where it is possible, garages on corner lots may have their entries oriented to the side of the street.

3. Boats, Trailers, and Similar Vehicles: The parking and storage of boats, trailers, and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016. 
OTHER STANDARDS AND REGULATIONS: 
1. The development of PD-35 shall be substantially in accordance with the General Plan. Variations may be allowed in subsequent development plans, including street sections, ingress/egress, and the open space boundary configuration, with approval of the Community Development Director.

2. Design and site development review shall be required for all housing development pursuant to Chapters 17.100 and 17.800.

3. To achieve the desired lot layout, including flag lots, lot sizes may vary within each area provided that minimum requirements contained in the Zoning and Development Standards of this document are satisfied.

4. A master plotting plan, illustrating the placement of the house plans, shall for each phase or tract of development.

5. 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 Brentwood Municipal Code 17.130 - 17.140.

6. Development applications within all planning areas shall comply with the Brentwood Municipal Code with respect to development and performance standards, landscaping and screening, parking, signage and lighting.

7. The use of model home complexes shall be allowed within a recorded Tract and subsequent Tracts throughout PD-35, subject to the issuance of a Temporary Use Permit as required by Chapter 17.850 of the Brentwood Municipal Code.

8. Prior to the final map approval of the first implementing subdivision map, a concept plan shall be prepared and submitted to the City showing designs, location, size, materials, colors, and appearance for all entry monumentation and landscaping, including City signage.

9. Bus turnouts shall be provided at major intersections to accommodate future bus service in the area. As development is proposed, project plans will be reviewed by Tri-Delta Transit to insure appropriate design and location of bus turnouts and bus shelters.

10. In accordance with the City’s community design policy of minimizing the use of sound walls along the thoroughfares, developments within PD-35 should be designed with a combination of extensive landscaping, decorative wall features, stepped wall patterns, and other design features aimed at minimizing the visual impact of any required sound walls.

11. 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 and trellises to provide greater articulation and variety. The City would prefer to see 50% of the unit mix as a one-story structure developed immediately adjacent to arterial thoroughfares. Structures taller than one-story should be designed on wider and/or deeper lots with greater setbacks, developed facing the thoroughfare off of a frontage road, or designed in such a manner as to resemble a one story profile.





ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 35 (PD-35) BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA ‘D’ WITHIN PD-35, LOCATED AT THE SOUTHEAST CORNER OF LONE TREE WAY AND EMPIRE AVENUE 

WHEREAS, the applicant has filed for an amendment to the existing development standards of PD-35 to accommodate TSM 8470; and

WHEREAS, on January 15, 2002 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 02-03 which recommended the approval of the amendments to Planned Development No. 35 development standards by adding development standards for Subarea ‘D’; and

WHEREAS, an Initial Study and Negative Declaration were prepared for Tentative Subdivision Map 8470 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 for this zoning amendment was legally advertised in the Ledger-Dispatch on March 27, 2002, 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. 8470.

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 and 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 and approved 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 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 and 2001General Plan Update are 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 property is hereby referenced as Subarea ‘D’ within Planned Development 35 for a maximum of 162 single family residential units.

Section 2. Chapter 17.485 is hereby been amended for the purpose of regulating certain real property and establishing development standards for Subarea ‘D’ within PD-35. 

Section 3. Amendments to Chapter 17.485 are hereby added to read as shown in Exhibit “A” attached hereto and made a part of this Ordinance.

Section 4. 

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 5. 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 April 2002 and adopted at a regular meeting of Brentwood City Council on the ______day of April 2002, by the following vote:

NEGATIVE DECLARATION

TO: FROM:

CONTRA COSTA COUNTY CLERK CITY OF BRENTWOOD
725 COURT STREET, COURTHOUSE 150 City Park Way
MARTINEZ, CA 94553 BRENTWOOD, CA 94513-1396


IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND CITY POLICY, AN INITIAL STUDY WAS CONDUCTED TO DETERMINE WHETHER THE FOLLOWING PROJECT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. ON THE BASIS OF THE INITIAL STUDY IT HAS BEEN DETERMINED THAT:

_____ THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND AN ENVIRONMENTAL IMPACT REPORT IS NOT REQUIRED.

__X__ ALTHOUGH THE PROPOSED PROJECT COULD HAVE A SIGNIFICANT ADVERSE EFFECT ON THE ENVIRONMENT, THERE WILL NOT BE A SIGNIFICANT ADVERSE EFFECT IN THIS CASE BECAUSE THE MITIGATION MEASURES DESCRIBED IN THE INITIAL STUDY HAVE BEEN INCORPORATED INTO THE PROJECT. AN ENVIRONMENTAL IMPACT REPORT IS NOT REQUIRED.

PROJECT DESCRIPTION:

TITLE: Mission Peak Homes Tentative Subdivision Map 8470 and PD Amendment 35
LOCATION: South east corner of Lone Tree Way and Empire Avenue
DESCRIPTION: Residential subdivision of 162 single family residential units on approx. 54 acres 
APPLICANT: Mission Peak Homes, Inc., 49480 Encyclopedia Circle, Fremont, CA 94538 

CONTACT PERSON AND TITLE: Michael Leana, AICP, Chief of Planning 

NOTICE:

THIS DOCUMENT AND ALL SUPPORT MATERIAL ARE AVAILABLE FOR REVIEW IN THE OFFICE LISTED ABOVE. THIS NEGATIVE DECLARATION MAY BECOME FINAL UNLESS WRITTEN COMMENTS ARE RECEIVED AT THE OFFICE LISTED ABOVE BY DECEMBER 4, 2001. IF YOU WISH TO APPEAL THE APPROPRIATENESS OR ADEQUACY OF THIS DOCUMENT, ADDRESS YOUR WRITTEN COMMENTS TO THE CITY OF BRENTWOOD, AS REFERENCED ABOVE, AND STATE THE FINDING THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, AND:

1. IDENTIFY THE ENVIRONMENTAL EFFECT(S), WHY THEY WOULD OCCUR, AND WHY THEY WOULD BE SIGNIFICANT. EXPLAIN THE BASIS FOR YOUR COMMENTS AND SUBMIT ANY SUPPORTING DATA; AND

2. SUGGEST ANY MITIGATION MEASURES WHICH YOU WOULD BELIEVE WOULD REDUCE OR ELIMINATE THE EFFECT TO AN ACCEPTABLE LEVEL.

DATE: November 27, 2001


SIGNED:_________________________________ TITLE: Michael Leana, Chief of Planning