City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas

CITY COUNCIL AGENDA ITEM NO. 11



Meeting Date: July 9, 2002

Subject/Title: Consent Calendar—Second Reading and Adoption of Ordinance 709 Rose Garden Development Rezoning (RZ 01-14).

Submitted by: Community Development (Oshinsky/Leana) 

Approved by: John Stevenson, City Manager


RECOMMENDATION 
Waive the second reading and adopt Ordinance 709 which rezones approximately 133.1 acres from R-1, R-2, and R-1-E to Planned Development Fifty Nine (PD-59) and adds Chapter 17.521 to the City Municipal Code providing development standards for Vesting Tentative Subdivision Map #8561. 

BACKGROUND 
At its June 25, 2002 meeting the City Council waived the first reading and introduced Ordinance 709 that rezones properties from a mix of R-1, R-2, and R-1-E zones to PD-59 and establishes development standards for Subdivision #8561. 

Attachment:
Ordinance 709 with the proposed PD-59 development standards


ORDINANCE NO. 709

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE REZONE OF APPROXIMATELY 133.1 ACRES (RZ 01-14) LOCATED NORTH OF LONE TREE WAY, SOUTH OF NEROLY ROAD, AND EAST OF THE UNION PACIFIC RAILROAD TRACKS FROM A MIX OF SINGLE FAMILY RESIDENTIAL ESTATE (R-1-E), SINGLE FAMILY RESIDENTIAL (R-1), AND MODERATE DENSITY MULTI-FAMILY RESIDENTIAL (R-2) TO PLANNED DEVELOPMENT (PD) 59 AND ADDING CHAPTER 17.521 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SIX SUBAREAS WITHIN PD-59 KNOWN AS SUBAREAS “A”, “B”, “C”, “D”, “E”, AND “F”.

WHEREAS, Pulte Homes has requested that the City rezone the property located north of Lone Tree Way, east of the Union Pacific Railroad tracks, and south of Neroly Road shown on Exhibit A attached to and hereby made a part of this ordinance; and

WHERAS, Pulte Homes has concurrently requested approval of Vesting Tentative Subdivision Map 8561 and Design Review 01-42 for the approximately 133.1 acre property included within this rezone request; and 

WHEREAS, on May 21, 2002, the Planning Commission conducted a duly noticed public hearing, considered public comments, and adopted Resolution No. 02-13 which recommends the approval of the rezoning to PD-59 adding development standards for the project site; and

WHEREAS, a Vesting Tentative Subdivision Map and designs for 496 single family residences, 6 pocket parks, a private swim club, trails, and associated public facilities have been concurrently processed and were approved by the Planning Commission on May 21, 2002, with the adoption of Resolutions 02-14 and 02-15 respectively; and

WHEREAS, an Initial Study and Mitigated Negative Declaration have been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and are considered a part of this review and approval process; and

WHEREAS, the Mitigated Negative Declaration identifies 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 to reduce the impacts identified to a less than significant level; and

WHEREAS, the City Council of the City of Brentwood has considered, the staff report, Mitigated Negative Declaration, supporting documents, public testimony; and all appropriate information that has been submitted with the rezoning to PD-59 including the proposed development standards; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on June 14, 2002, and mailed to all property owners of record within 300 feet of the project site in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this rezoning request as required by Section 17.870.008 of the City Zoning Ordinance:

1. The site is physically suitable for the type and the density of development proposed as specified in the City’s General Plan.

2. The proposed rezoning to PD-59 is consistent with the General Plan policies regarding the provision of housing for all economic segments of the community within the City.

3. The proposed rezoning is consistent with the City’s previously expressed intent to adopt development standards prior to or in conjunction with the approval of any specific projects.

4. The rezoning request will result in more desirable use of land and an improved physical environment than would be possible under any single or combination of existing zones because the proposed development plan includes a combination of attached and detached single-family uses and unique recreational amenities.

5. The rezoning request will involve areas which are abutting public streets which will provide physical access to the project site, and that based on a required traffic analysis conducted for the project, there is sufficient capacity with appropriate improvements to accommodate the traffic anticipated to be generated by the development and the adjacent land uses in the vicinity.

6. That the PD-59 designation for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties.

7. The natural and scenic qualities of the project site are protected with adequate public open spaces in that the project plans provide for the retention of open space along the western and northern boundary of the project site and through the construction of a network of on site pedestrian/bicycle trails and neighborhood park amenities that will facilitate recreation in the vicinity of the project, for the neighborhood and the community. 

8. The effect of this ordinance on the housing needs of the region surrounding Brentwood has been considered by the City Council, which has balanced those needs against the public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6).

9. The development of the project site, 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 is consistent with the general intent and spirit of the Zoning Ordinance and with the City's General Plan, including all relevant elements thereof.

10. The proposed rezoning to PD-59 has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

11. Pursuant to Section 21083.3(b) of CEQA and Section 15168 (c) 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 EIRs prepared for the 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, the City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR or through additional project specific mitigation measures. Therefore, since the mitigation measures are incorporated as conditions of the project approval, the Mitigated Negative Declaration as well as the Program EIR for the General Plan is adequate for approval of the project.

12. 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 further recirculation of the Mitigated Negative Declaration for additional public review.

13. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment, and the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis.

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

Section 1.

Approves the Mitigated Negative Declaration prepared for the project and directs staff to file the Notice of Determination with the County Clerk.



Section 2.

Approves the rezone from a mix of Single Family Residential Estate (R-1-E), Single Family Residential (R-1), and Moderate Density Multi-Family Residential (R-2) To PD-59 for the area shown on the maps attached as Exhibit A and B and adopts development standards for this area as designated on Exhibit C attached hereto and made a part of this Ordinance.

Section 3.

Adds Chapter 17.521 to the Zoning Ordinance (Exhibit C) for the purpose of regulating certain real property and establishing development standards for the project.

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

B. This Ordinance shall go into effect 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 25th day of June 2002, and adopted at a regular meeting of the Brentwood City Council on July 9, 2002, by the following vote:

Attachments:
Exhibit A PD-59 Vicinity Map
Exhibit B PD-59 Sub Area Map 
Exhibit C Chapter 17.521 PD-59 Development Standards


EXHIBIT C


CHAPTER 17.521
PLANNED DEVELOPMENT 59 (PD-59) ZONE


ROSE GARDEN SUBDIVISION

17.521.001 AUTHORITY, PURPOSE AND INTENT
17.521.002 PERMITTED USES FOR EACH SUBAREA
17.521.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA
17.521.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A
17.521.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B
17.521.006 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C
17.521.007 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D
17.521.008 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA E
17.521.009 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA F
17.521.010 OTHER REGULATIONS


17.521.001 AUTHORITY, PURPOSE, AND INTENT. 

The authority, purpose and intent for the adoption of the PD-59 (Planned Development 59) Zone are as follows:

A. Authority: PD-59 is adopted pursuant to the authority set fourth in Chapter 17.450, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. Purpose: The purpose of the PD-59 Zone is to permit and regulate the orderly development of the area shown as Exhibit “A” in accordance with the Brentwood General Plan for a maximum of 512 lots. The PD-59 area is divided into six (6) subareas as shown in Exhibit “B” which is attached to this ordinance and incorporated herein by reference. 

C. Intent: The zoning district is intended to provide a neighborhood with a diverse mix of single family homes on various lots sizes, recreational amenities and open space in conformance with the adopted General Plan.


17.521.002 PERMITTED USES FOR EACH SUBAREA

SUBAREA A 

· Single-family dwelling units not exceeding a density of three (3.0) dwelling units per gross acre.

· Parks, playgrounds, and recreation trails.

· Rooming and Boarding Subject to Section 17.650.003.
· Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.

· Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.

· The keeping of domestic animals or pets subject to Chapter 17.670.

SUBAREA B 

· Single-family dwellings units not exceeding a density of four (4.0) dwelling units per gross acre.

· Parks, playgrounds, and recreation trails.

· Rooming and Boarding Subject to Section 17.650.003.

· Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.

· Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.

· The keeping of domestic animals or pets subject to Chapter 17.670.

SUBAREA C 

· Single-family dwellings units not exceeding a density of five (5.0) dwelling units per gross acre.

· Parks, playgrounds, and recreation trails.

· Rooming and Boarding Subject to Section 17.650.003.

· Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.

· Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.

· The keeping of domestic animals or pets subject to Chapter 17.670.

SUBAREA D 

· Single-family dwellings units not exceeding a density of 5.0 dwelling units per gross acre.

· Parks, playgrounds, and recreation trails.

· Rooming and Boarding Subject to Section 17.650.003

· Accessory facilities or buildings related to the primary use subject to Chapter 17.660

· Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.

· Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.

· The keeping of domestic animals or pets subject to Chapter 17.670.

SUBAREA E (Duet Lots)

· Single-family attached dwellings units not exceeding a density of 11.0 dwelling units per gross acre.

· Accessory facilities or buildings related to the primary use subject to Chapter 17.660

· Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.

· Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.

· The keeping of domestic animals or pets subject to Chapter 17.670.

SUBAREA F (Swim Club)

Swimming and related facilities serving the surrounding Rose Garden neighborhood only, including pools and pool equipment, shade structures, restrooms, shower areas, changing areas, aquatics apparatus, meeting rooms, facility staff offices, and vending machines.


17.521.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA

SUBAREA A 
· Secondary housing units subject to Section 17.100.005

· Churches and religious institutions and parochial or private schools.

· Nursery, childcare, day care center. 

SUBAREA B 

· Conditionally permitted uses are those uses identified in section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

· Nursery, childcare, day care center. 

SUBAREA C 

· Conditionally permitted uses are those uses identified in section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

· Nursery, childcare, day care center. 

SUBAREA D

· Conditionally permitted uses are those uses identified in section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

· Nursery, childcare, day care center. 

SUBAREA E (Duet Lots)
· Nursery, childcare, day care center. 

SUBAREA F (Swim Club)
· Privately or publicly sponsored recreational events or ongoing activities involving twenty or more guests from outside the neighborhood including, but not limited, to swim meets, swim lessons, swim practices, lap swimming and social gatherings.
· Snack bar, café, or staffed food-service enterprise.


17.521.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A:

A. Minimum Lot Area: 7,000 square feet 

B. Minimum Lot Width: 65 feet

C. Minimum Lot Depth: 85 feet

D. Minimum Lot Frontage: 40 feet for lots on cul-de-sacs, knuckles or curvilinear streets at the front property line.

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for turned garage and living space, and 12 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 15 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.

G. Minimum Rear Yard Setback: 20 feet for main residence and 5 feet for detached living areas.

H. Maximum Building Height: 30 feet and two stories for main residence and 16 feet and one story for detached living areas.

I. Minimum Detached Living Unit Rear Setback: 5 feet.

J. Minimum Detached Living Unit Side Setback: 5 feet.

K. Maximum Lot Coverage: 40 percent including main residence and detached living area.

L. Maximum Number of Units: 122


17.521.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B:

A. Minimum Lot Area: 6,000 square feet

B. Minimum Lot Width: 65 feet

C. Minimum Lot Depth: 80 feet

D. Minimum Lot Frontage: 40 feet for lots on cul-de-sacs, knuckles or curvilinear streets at the front property line.

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for turned garages and living space, and 12 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 15 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.

G. Minimum Rear Yard Setback: 20 feet.

H. Maximum Building Height: 30 feet and two stories.

I. Detached Living Unit Rear Setback: 5 feet

J. Detached Living Unit Side Setback: 5 feet

K. Maximum Lot Coverage: 40 percent.

L. Maximum Number of Units: 103






17.521.006 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C:

A. Minimum Lot Area: 4,900 square feet

B. Minimum Lot Width: 45 feet

C. Minimum Lot Depth: 90 feet

D. Minimum Lot Frontage: 30 feet for lots on cul-de-sacs, knuckles or curvilinear streets at front property line.

E. Minimum Front Yard Setback: 20 feet for street facing garages,15 feet for living space, and 12 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.

G. Minimum Rear Yard Setback: 20 feet and 5 feet for detached garages.

H. Maximum Building Height: 30 feet and two stories.

I. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two story units

J. Maximum Number of Units: 132


17.521.007 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D:

A. Minimum Lot Area: 3,500 square feet

B. Minimum Lot Width: 35 feet

C. Minimum Lot Depth: 75 feet

D. Minimum Lot Frontage: 20 feet for lots on cul-de-sacs, knuckles or curvilinear streets at front property line.

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for living space, and 12 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots the street side yard setback shall be a minimum of 10 feet.

G. Minimum Rear Yard Setback: 12 feet and 5 feet for detached garages.

H. Maximum Building Height: 30 feet and two stories 

I. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two story units

J. Maximum Number of Units: 119


17.521.008 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA E (DUET LOTS):

A. Minimum Lot Area: 3,000 square feet

B. Minimum Lot Width: 35 feet

C. Minimum Lot Depth: 55 feet

D. Minimum Lot Frontage: 35 feet all lots on cul-de-sacs, knuckles or curvilinear streets at front property line.

E. Minimum Front Yard Setback: 15 feet 

F. Minimum Side Yard Setback: 0 feet and a total of 10 feet for both sides of interior lots and 5 feet and a total of 15 feet for both sides on corner lots. For corner lots the street side yard shall be a minimum of 10 feet.

G. Minimum Rear Yard Setback: 0 feet – unit is attached.

H. Maximum Building Height: 30 feet and two stories 

I. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two-story units.

J. Maximum Number of Units: 36


17.521.009 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA F (SWIM CLUB)

A. Maximum Building Height: 30 feet

B. All new development within Subarea F of PD-59 shall be subject to Design and Site Development Review pursuant to Chapter 17.820 and all other applicable criteria established by the City through policy or resolution. 


17.521.010 OTHER REGULATIONS:

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

B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H.

C. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.

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

E. Architectural features may project into any required yard pursuant to the provision of Chapter 17.660 with the exception that no feature may project into the maximum front yard setback.

F. 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 though the subdivision map process.

 
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov