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 CITY COUNCIL AGENDA ITEM NO. 17



Meeting Date: January 28, 2003

Subject/Title: Second reading and adoption of Ordinance No. 735 for an amendment to Planned Development No. 22 eliminating the reference to the originally approved 23 custom home lots on 5.1 acres for Shea Homes Brentwood Hills Project, Subdivision No. 7882.

Submitted by: Community Development Department (Oshinsky/Zilm)

Approved by: John Stevenson, City Manager

______________________________________________________________________

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 735 amending PD-22 by eliminating the reference to the originally approved 23 custom home lots on 5.1 acres.

PREVIOUS ACTION
At its meeting of January 14, 2003, the City Council introduced and waived the first reading of Ordinance No. 735, amending Planned Development No. 22.

BACKGROUND
Adoption of Ordinance No. 735 will amend the existing Planned Development eliminating the reference to the 23 originally approved 23 custom home lots on 5.1 acres within Subdivision No. 7882, Brentwood Hills Project.


Exhibit:

A. Ordinance No. 735 and the amended Planned Development No. 22 development standards (Attachment 1).














EXHIBIT “A”

ORDINANCE NO. 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 22 TO ELIMINATE THE REFERENCE TO THE ORIGINALLY APPROVED 23 CUSTOM HOME LOTS ON 5.1 ACRES LOCATED WEST OF THE HIGHWAY 4 BYPASS AND NORTH OF THE SHADOW LAKES DEVELOPMENT. 

WHEREAS, the applicant has filed for an amendment of the development standards for PD-22 and Tentative Subdivision Map 7882; and

WHEREAS, on December 17, 2002 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed amended Resolution No. 93-45 which recommended the approval of the amendment to Planned Development Zone No. 22; and

WHEREAS, an Environmental Impact Report was prepared for Tentative Subdivision Map 7882 in accordance with the California Environmental Quality Act and was considered as a part of the review and approval process; and

WHEREAS, the EIR 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 Brentwood Press on December 6, 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 that the proposed amendment will: 

1. Establish clear development standards for the uses permitted under the General Plan, the approved Planned Development N0. 22 and Tentative Subdivision Map No. 7882.

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. 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 EIR prepared for the Brentwood Hills Project and the General Plan. Based upon this evidence, this City Council finds that the project will not have any significant environmental impacts that were not studied in both Program EIRs. Therefore, since the mitigation measures were incorporated as conditions of approval of the project, the Brentwood Hills Project EIR as well as the Program EIR for the 1993 General Plan are adequate for all approvals relating to the project.

12. 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 Environmental Impact Reports for further public review. The City Council has considered all verbal and written comments relating to the EIR 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 Planned Development 22 for single-family residential units.

Section 2. Chapter 17.472 has hereby been amended for the purpose of regulating certain real property and establishing development standards for the single-family residential units.

Section 3. Chapter 17.472 is hereby known as Planned Development 22 (PD-22).

Section 4. Amendments to Chapter 17.472 are hereby added to read as shown in Attachment “1” 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 Brentwood Press 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 January 2003 and adopted at a regular meeting of Brentwood City Council on the 28th day of January 2003, by the following vote:

















“ATTACHMENT 1”
Title 17 ZONING*
Chapter 17.472 PD-22 (PLANNED DEVELOPMENT TWENTY-TWO) ZONE*


17.472.001 Authority, purpose and intent.
The authority, purpose and intent for the adoption of the PD-22 (planned development twenty-two) zone is as follows:
A. Authority. PD-22 zone is adopted pursuant to the authority set forth in Chapter 17.450.
B. Purpose. The purpose of the PD-22 zone is to permit and regulate development of the special planning area for the project (as designated by the city of Brentwood general plan)
C. Intent. It is intended that in order to achieve the purpose of the PD-22 zone of implementing the development of single-family housing, said zone shall be divided into several uses as designated on Exhibit A which is attached to the ordinance codified in this chapter and made a part of this chapter, and as further described below. The primary uses intended for this area shall consist of single-family residential, park and open space uses. (Ord. 532 Exh. C (part), 1993)




17.472.002 Permitted uses.
The following uses are permitted within the PD-22 zone:
A. Those uses which are permitted within the R-1 (single-family residential) zone, Section 17.130.002 and R-2 zone, Section 17.140.002;
B. Parks and playgrounds (public and private);
C. Bicycle and pedestrian trails;
D. Open space;
E. Family day care - small;
F. Private recreational facilities owned and maintained by an individual homeowner, a Homeowners' Association or other form of community association or maintenance district;
G. Similar use subject to the approval of the zoning administrator. (Ord. 532 Exh. C (part), 1993)




17.472.003 Conditionally permitted uses.
The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:
A. Those conditionally permitted uses within the R-1 (single-family residential) zone;
B. Other uses similar in character to those uses listed above, as approved by the planning commission. (Ord. 532 Exh. C (part), 1993)



17.472.004 Accessory uses and structures permitted.
A. Arbors, trellises, gazebos and similar shade 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 planning commission. (Ord. 532 Exh. C (part), 1993)




17.472.005 Residential densities and other uses.
In no case shall the total number of permitted units exceed the number shown in Exhibit A attached to the ordinance codified in this chapter and made a part of these regulations. All other permitted uses shall approximately be in locations as identified in said Exhibit A. (Ord. 532 Exh. C (part), 1993)




17.472.006 Regulations for lot area, yards, height and other regulations for development--Four thousand five hundred square foot lots.
A. Single-Family Residential. 
1. Minimum Lot Area. The minimum lot area shall be four thousand five hundred square feet.
2. Minimum Lot Width. The minimum lot width, as measured from the front yard setback line, shall be forty-five feet. Cul-de-sac lots shall have a minimum average lot width of thirty feet measured at the right-of-way.
3. Minimum Front Yard Setback. The front yard setback shall be not less than five feet nor no greater than eighteen feet as measured from the property line to the face of the garage and fifteen feet to any building facade or side entry garage.
4. Minimum Side Yard Setbacks. Side yard setbacks shall be fifteen feet aggregate, with five being the minimum as measured from the building foundation. Corner lots shall maintain a minimum side yard on the street side of fifteen feet. Minimum distance between houses shall be fifteen feet with a five-foot minimum and fifteen-foot aggregate.
5. Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of fifteen feet.
6. Projections Into Setback Areas. Architectural features such as cornices, eaves, bay windows, fireplaces and canopies may not project more than two feet into any required front, side or rear yard setback.
7. Setbacks From Sidewalks. Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside line of the sidewalk irrespective of the property line location.
8. Maximum Building Height. The maximum building height for all structures shall not exceed thirty feet in height. (Ord. 532 Exh. C (part), 1993)




17.472.007 Regulations for lot area, yards, height and other regulations for development--Six thousand square foot lots.
A. Single-Family Residential.
1. Minimum Lot Area. The minimum lot area shall be six thousand square feet.
2. Minimum Lot Width. The minimum lot width shall be sixty feet at the front yard setback. Cul-de-sac lots shall have a minimum lot width of forty-five feet measured at the right-of-way.
3. Minimum Front Yard Setback. The front yard setback shall be not less than five feet nor no greater than eighteen feet as measured from the property line to the face of the garage and twenty feet to any building facade or side entry garage.
4. Minimum Side Yard Setbacks. Side yard setbacks shall be fifteen feet aggregate, with five being the minimum as measured from the building foundation. Corner lots shall have a minimum side yard on the street side of fifteen feet.
5. Minimum Rear Yard Setback. The rear yard setback for adjacent lots shall be a minimum of twenty feet.
6. Projections Into Setback Areas. Architectural features such as cornices, eaves, bay windows, fireplaces and canopies may not project more than two feet into any required front, side or rear yard setback.
7. Setback From Sidewalks. Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside line of the sidewalk irrespective of the property line locations.
8. Maximum Building Height. The maximum building height for all structures shall not exceed thirty-five feet in height measured from the low side of the lot. (Ord. 532 Exh. C (part), 1993)




17.472.008 Regulations for lot area, yards, height and other regulations for development--Custom lots.
A. Single-Family Residential. 
1. Minimum Lot Area. The minimum lot area for custom lots shall be six thousand square feet.
2. Minimum Lot Width. The minimum lot width shall be sixty feet at the front yard setback. Cul-de-sac lots shall have a minimum lot width of forty-five feet measured at the right-of-way.
3. Minimum Front Yard Setback. The front yard setback shall be no greater than five feet nor no greater than eighteen feet as measured from the property line to the face of the garage and twenty feet to any building facade or side entry garage.
4. Minimum Side Yard Setbacks. Side yard setbacks shall be fifteen feet aggregate, with five being the minimum as measured from the building foundation. Corner lots
shall maintain a minimum side yard on the street side of fifteen feet.
5. Minimum Rear Yard Setback. The rear yard setback shall be twenty feet.
6. Projections Into Setback Areas. Architectural features such as cornices, eaves, bay windows, fireplaces and canopies may not project more than two feet into any required front, side or rear yard setback.
7. Maximum Building Height. The maximum building height for all structures shall not exceed thirty-five feet in height measured from the low side of the lot. Additional height for chimneys or architectural features may be allowed subject to design review.
8. Setback From Sidewalks. Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside line of the sidewalk irrespective of the property line location. (Ord. 532 Exh. C (part), 1993)




17.472.009 Grading standards.
A. General.
1. Engineering Guidance. 
a. Grading designs shall conform to the city of Brentwood grading ordinance.
b. Slopes shall be designed and grades in accordance with the recommendations of an engineering geologist or soils engineer.
2. Graded Slopes. 
a. Cut and fill slopes shall be designed using landform grading concepts without long uninterrupted flat surfaces, and without sharp angles of intersection at the top and bottom, and wherever constructed slopes blend with existing topography.
b. Wherever possible, stepped pads or terraces shall be used to reflect natural terrain slopes.
3. Landscaping On Graded Slopes.
a. Interim erosion control measures during construction, including temporary desilting basins, interceptor dikes and sandbagging shall be implemented to minimize siltation runoff.
b. All common areas shall be maintained by the developer until such time that the responsibility is shifted over to a Homeowners' Association or landscape maintenance district or similar entity.
4. Erosion Control. Slope graded and left longer than ninety days shall be hydroseeded or planted with nonirrigated landscape materials and allowed to naturalize. During the rainy season (October 15th through April 15th), slopes graded and left longer than thirty days shall be hydroseeded or planted with nonirrigated landscape materials and allowed to naturalize.
B. Custom Lots.
1. Graded Area. Grading shall be limited to roads and garage pads not to exceed a distance of forty feet from the front property line.
2. Foundations. Stepped and built-up foundations shall be used wherever possible to minimize changes to the natural topography.
3. Retaining Walls. Retaining and crib walls shall be limited to a maximum height of four feet wherever possible. (Ord. 532 Exh. C (part), 1993)




17.472.010 Street standards.
A. General. Except as noted below, all public and private streets within the development area shall conform to those standards adopted by the public works department for residential streets.
B. Entry Collector Street. Entry collector street shall extend from the intersection with San Jose Avenue to the east side of the PG & E easement. The street shall conform to the public works department standards. In addition, there shall be a fifteen-foot parkway strip on one side of the street to provide an aggregate twenty-five foot wide landscape strip measured from face of curb to lot line.
C. Collector Streets. Collector streets shall conform to the public works department standards.
D. Local Streets. Local streets shall conform to the public works department standards.
E. Custom Lot Streets. Streets west of the PG & E easement may have a reduced roadway and right-of-way section subject to the approval of the public works director. (Ord. 532 Exh. C (part), 1993)




17.472.011 Utility standards.
A. General. The location and construction of all utilities within the development area shall conform to those standards adopted by the public works department for residential development.
B. Underground. All utility service lines shall be underground.
C. Above Grade Components. Transformers, control points and other utility housings shall be located so as to minimize their visual impact and shall be screened in a manner approved by the city.
D. Light Standards. Street lights for the parkways and local residential streets, pedestrians, and lights for walkways shall be staggered on each side of the street, and the light standards for the public streets shall be selected by the public works department. (Ord. 532 Exh. C (part), 1993)




17.472.012 Landscaping standards.
A. General. The landscaping for this development shall comply with the regulations contained in Chapter 17.630 entitled "Landscaping and Screening" except as otherwise specified below.
B. Street Trees. Street trees are required to be planted on all streets within the development area. Tree spacing shall be an average of thirty feet on center on collector roads shown on Exhibit A attached to the ordinance codified in this chapter, and an average of twenty-five feet on center on other residential streets. A street tree master plan shall be prepared and approved for each tract map.
C. Entryway Design. The design of the entryways shall consist of signage, landscaping, monumentation, hardscape and other materials. The planning commission shall review entryway design.
D. Graded Slope Landscaping.
1. All graded slopes shall require revegetation with native plant species, which are indigenous to the region whenever possible, to retain natural character, maintain views, and contribute towards slope stabilization.
2. To ensure safe fire protection, fuel modification zones shall utilize plant materials that provide a gradual transition to natural vegetation to avoid hard planted edges.
3. Landscape plans for all graded slope areas shall be reviewed by the planning commission, fire chief and other interested parties prior to implementation.
4. Landscaping, other than street trees, shall be planted in random massings or groupings rather than in linear patterns in order to mimic native vegetation patterns.
E. Front Yard Landscaping. All front yards shall be constructed with drought-tolerant "xeriscape" landscaping, with a maximum of twenty-five percent turf. Landscape and irrigation plans for each typical lot shall be submitted for each phase of development. (Ord. 532 Exh. C (part), 1993)




17.472.013 Parks and open space standards.
A. Design Review. All park areas and any relevant open space areas shall require design review by the planning commission prior to final map approval.
B. Permitted Uses. Permitted uses in park and open space areas include:
1. Public parks and playgrounds;
2. Drainage channels;
3. Greenbelt areas, which are formed by land development;
4. Pedestrian trails;
5. Access for maintenance and emergency vehicles;
6. Wetlands restoration;
7. Other permitted uses in park and open space areas, which do not detract from the basic intent, include:
a. Public streets, park drives, utility and emergency access roads and hiking/riding trails,
b. Structures/buildings within privately owned or public recreational areas, parks, playgrounds, 
c. Utility facilities, such as pump stations, transmission towers, water reservoirs and similar structures,
d. Other uses, similar in character to those uses listed above, as approved by the planning commission.
C. Open Space Area Restrictions.
1. Areas to remain as open space may be required to be offered for dedication as part of a 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 open space for whatever purpose it is intended. Covenants or other legal arrangements shall specify the ownership of the open space; method of maintenance; responsibility for maintenance; 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 council; and any specification deemed necessary to the city.
2. All ungraded open space areas, not part of the Highway 4 Bypass right-of-way or part of a custom lot, shall remain in their natural state, with no additional plantings.
D. Trails. A master trail plan shall be prepared with the tentative map to include trail along the southern boundary of the property connecting the valley open space to the PG & E easement.
E. Park and Open Space Requirements. The development plan area (Attachment A attached to the ordinance codified in this chapter) shall include 2.5 acres of park area, the payment of in-lieu fees, or a combination thereof, as required by the city's general plan. All park areas and any relevant open space areas shall require design review by the planning commission prior to final tract map approval, for each park in that tract. (Ord. 532 Exh. C (part), 1993)




17.472.014 Off-street parking standards.
A. Parking Requirements. Off-street parking shall be provided pursuant to Chapter 17.620.
B. Corner Lots. Where it is possible, garages on corner lots shall have their entries oriented to the side street.
C. Boats, Trailers and Similar Vehicles. Spaces will be provided in a designated RV storage area. There will be one space for every ten lots. Spaces will be allocated on a first come, first served basis. Space will be one-third for large RV's at eight feet by twenty feet and two-thirds for boats and trailers seven feet by ten feet. (Ord. 532 Exh. C (part), 1993)




17.472.015 Architectural design standards.
A. One Story Units. Where four or more lots are contiguous along a street frontage, a minimum of twenty-five percent of the lots shall be one story in height, where possible. The use of side entry garages may be considered as an option in satisfying all or part of this requirement during the site development and design review.
B. Custom Lots. Building massing shall step up and down to conform to the natural topography.
C. Highway 4 Bypass. Special attention shall be given to variations in orientation, height and facade treatment for structures on lots overlooking the future Highway 4 Bypass to eliminate the appearance of a row of houses along this edge of the project.
D. Roof Orientation. A variety of roof orientations shall be utilized with emphasis placed on roof ridges parallel to the ground contours of the slope of hill forms.
E. Fences, Hedges and Walls. Prior to issuance of any building permits, an overall plan or plans for landscaping, fences and walls shall be submitted for approval. The overall plan(s) shall establish the materials, colors and appearance of walls and fences to be used throughout the project and plant materials and their spacing to be used adjacent to streets throughout the PD-22 zone. All developers of subareas or portions thereof shall construct fences, walls and landscaping adjacent to streets in accordance with the approved overall plans. (Ord. 532 Exh. C (part), 1993)





17.472.016 Other standards and regulations.
A. The development of PD-22 shall be substantially in accordance with the development plan, Exhibit A attached to the ordinance codified in this chapter. Variations in the development plan, including street and lot patterns, may be approved through the subdivision map process.
B. Design and site development review shall be required for all housing developments pursuant to Sections 17.100.003, 17.100.004(H) and Chapter 17.820.
C. The use of model home complexes shall be allowed within a recorded tract and subsequent tracts throughout the development plan area subject to the issuance of a temporary use permit as required by Chapter 17.850.
D. A master plotting plan, illustrating the placement of the house plans, shall be submitted for each phase or tract of development. (Ord. 532 Exh. C (part), 1993)









































Land Use Summary_____________________________________

Land Use Acres No. of lots
Custom Lots 5.1 19
SFR-6000 15.6 20.7 84 98
SFR-4500 29.5 178 179
Open space, parks 43.0
And Pedestrian trails
Collector Roads 6.8 
Total 100.0 281 277


Gross acres for each land use on this exhibit (including slopes and local streets, as applicable) are approximate and may change during the Tentative Map process. In no situation shall the total number of units exceed 281 277.

Dwelling units may be transferred from one Subarea to another Subarea as long as the total number of dwelling units (281 277 units) is not exceeded and the required minimum 40% (40 acres) of open space remains.



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