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CITY COUNCIL AGENDA ITEM NO. 30

Meeting Date: May 13, 2003

Subject/Title: Consideration of an Ordinance amending Chapter 17.480 of the Municipal Code by adding development standards for Subarea B of the Planned Development 30 (PD-30) Zone. This property is located on the northwest corner of Oak Street and the future northern extension of Garin Parkway east of Liberty High School.
Submitted by: Community Development (Oshinsky/Rhodes)

Approved by: John Stevenson, City Manager

RECOMMENDATION
The Planning Commission recommends that the City Council introduce and waive the first reading of an ordinance approving a zoning amendment to PD-30 and adopting development standards for Subarea B of the Planned Development (PD) –30 zone.

PREVIOUS ACTION
The PD-30 zone was established by the City Council on October 9, 2001. The PD-30 Zone calls for the creation of specific development standards prior to or in conjunction with submitted development plans for Subarea B. Subarea B currently allows the development of senior apartments. An 80-unit multi-family senior project was reviewed by the RGMP/Housing Subcommittee on October 3, 2002 and awarded a Residential Growth Management Program (RGMP) allocation by the City Council on October 22, 2002.

BACKGROUND
At the March 25, 2003 City Council meeting the Council tabled this project until such time as the approximately 2.7 acres west of the project site in Subarea A of PD-30 was agreed to be purchased by the Liberty Union High School District. On April 23, 2003 the Liberty Union High School District Board of Directors approved the purchase of the property west of the project site pending legal review. On April 30, 2003 the purchase agreement was signed by all parties. A copy of the letter from the School District confirming the purchase of the property is attached.

The subject property of this PD-30 amendment is an unimproved 3.43-acre site located at the northwest corner of Oak Street and the future extension of Garin Parkway east of Liberty High School as shown on the location map in the attached ordinance. The site is designated as High Density Residential in the City’s General Plan. The property is proposed for development by Terra Nova Development with 80 proposed one-bedroom senior apartments and a 1,600 sq. foot community building. The site is zoned PD-30 as a “shell” planned development with a range of 11 – 20 du/ac allowed by the General Plan. The mid-range density for this project site would yield 53 dwelling units and the maximum density would allow 69 units. The PD-30 zone requires a conditional use permit to exceed the mid-range density within Subarea B. The applicant requested a 16% density bonus (11 units) above the maximum density allowed under the General Plan and zoning under State law (G.C. Section 65915) because at least 50% of the units are proposed for seniors and 20% of the units are proposed for lower income households. The proposed development includes 64 units proposed to have affordability controls for moderate-income senior households and 16 units proposed for low-income senior households.

This project fulfills a long envisioned goal to provide senior housing in close proximity to the downtown area near existing commercial uses and public services. The project helps implement numerous goals and policies within the Housing Element of the General Plan calling for the provision of diverse housing opportunities, a mix of affordability levels and housing choices for elderly residents. The Planning Commission recommended approval of this rezone request on February 18, 2003 and approved the related Design Review (DR 03-02) and Conditional Use Permit (CUP 01-26) requests for this project on the same date contingent upon City Council approval of this proposed zoning amendment to PD-30. The developer has requested the zoning amendment to PD-30 at this time in order to adopt development standards for this area, which will enable them to move forward with this mixed–income senior apartment project.

DEVELOPMENT STANDARDS FOR PD-30
The proposed development standards are included within the attached ordinance. The development standards allow up to 80 senior apartments. These proposed standards are representative of higher density housing. Due to the age-restricted nature of this development,
a reduced parking standard is included and is consistent with the conditionally approved project plans for the site.

FISCAL IMPACT
None. The adoption of development standards in itself will not create a fiscal impact.

Attachments:
Liberty Union School District Letter
Ordinance with proposed development standards

ATTACHMENT

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING AMENDMENT TO CHAPTER 17.480 OF THE BRENTWOOD MUNICIPAL CODE WHICH ADDS DEVELOPMENT STANDARDS FOR SUBAREA B OF THE PLANNED DEVELOPMENT- 30 ZONE, AN APPROXIMATE 3.43-ACRE AREA LOCATED NORTHWEST OF THE INTERSECTION OF OAK STREET AND GARIN PARKWAY AND EAST OF LIBERTY HIGH SCHOOL (APN 019-091-001 AND 019-091-002).

WHEREAS, the City Council of the City of Brentwood approved the establishment of PD-30 including the establishment of Subarea B by adopting Ordinance No. 688 on October 9, 2001; and

WHEREAS, Section 17.480.005 of the Municipal Code requires the development standards for Subarea B of the PD-30 Zone to be adopted prior to or in conjunction with development plans submitted for the property; and

WHEREAS, Terra Nova Development has requested that the City approve a design review, a conditional use permit, and an amendment to PD-30 by adding development standards for Subarea B, an approximate 3.43-acre site, in conjunction with specific development plans for an 80-unit senior apartment project located at the northwest corner of Garin Parkway and Oak Street; and

WHEREAS, this project was reviewed by the City Council of the City of Brentwood on October 22, 2002 and was given an RGMP allocation; and

WHEREAS, on February 18, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 03-07 which recommended the approval of the zoning amendment and associated development standards for Subarea B of Planned Development No. 30 and approved a design review and conditional use permit request for a 80-unit senior apartment project (with Resolution No. 03-08); and

WHEREAS, an Initial Study and Mitigated Negative Declaration has previously been prepared for the establishment of the PD-30 zone as a whole, the subdivision of the area, and the specific use proposed as part of 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 identified potentially significant environmental effects associated with the establishment of PD-30 which can be feasibly mitigated or avoided and these mitigation measures are included in this project’s conditions of approval to 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 March 2 and April 11, 2003 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 held a public hearing on the proposed zoning amendment on March 11, April 22 and May 13, 2003, for the purpose of reviewing the application, considering the Planning Commission's recommendation, and considered all comments made by the public with respect to this proposed zoning amendment; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed project with all pertinent goals and policies of the City and the General Plan, and all other pertinent documents regarding the proposed zoning amendment; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application:

1. The site is physically suitable for the type and the density of development proposed; and

2. The proposed amendment to PD-30 has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

3. The previous mitigated negative declaration for the PD-30 Zone is adequate and complete with respect to analyzing the impacts associated with this proposed amendment to the PD-30 Zone. This amendment to the PD-30 Zone qualifies as a categorical exemption under Section 15332 of the California Environmental Quality Act Guidelines

4. This zoning amendment will provide standards resulting in development that is consistent and compatible with surrounding uses.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. Directs staff to file a Notice of Exemption with the County Clerk.

Section 2. Approves the zoning amendment to Chapter 17.480 of the Brentwood Municipal Code by adding development standards for Subarea B of the PD-30 zone, for the 3.43-acre site shown on the attached map identified as Exhibit “A” and as described in Exhibit “B” with underlined and strike through text attached to and made a part of this ordinance.

Section 3. 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.

Section 4. 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 13th day of May, 2003, and adopted at a regular meeting of Brentwood City Council on the ____ day of __________, 2003, by the following vote:

EXHIBIT A
CITY COUNCIL ORDINANCE


PD-30
SUBAREA B LOCATION MAP


EXHIBIT B
CITY COUNCIL ORDINANCE

CHAPTER 17.480 AMENDMENTS TO
PD-30 (PLANNED DEVELOPMENT NO. 30) ZONE

17.480.001 Authority, purpose and intent.
The authority, purpose and intent for the adoption of the PD-30 (planned development 30) zone are as follows:
A. Authority. PD-30 is adopted pursuant to the authority set forth in Chapter 17.480, planned development zones, general regulations, of the Brentwood Municipal Code.
B. Purpose. The purpose of the PD-30 zone is to permit and regulate the orderly development of the area shown (which is attached to the ordinance codified in this chapter and incorporated herein by reference) in accordance with the Brentwood general plan. The area is comprised of four subareas, one set aside for a senior apartment project and the other three set aside for single-family homes and related uses.
C. Intent. This zoning district is intended to provide a neighborhood of single-family homes on smaller lots and senior housing in conformance with the Brentwood general plan in order to enhance the viability of downtown Brentwood. (Ord. 688 § 3 (Exh. B) (part), 2001: Ord 682 § 3 (Exh. B) (part), 2001)

17.480.002 Permitted uses for each subarea.
A. Subarea A.
1. Those uses permitted within the single-family residential (R-1) zone, pursuant to Chapter 17.130.
2. Parks and playgrounds.
B. Subarea B.
1. Apartments, condominiums, and town-homes, for seniors aged 55 or older developed at a density not to exceed the mid-range of High Density Residential Land Use category.
2. Swimming pools, spas, and other recreational amenities serving seniors.
3. Temporary uses related to the primary use subject to Chapter 17.660.
4. The keeping of domestic animals or pets subject to Chapter 17.670.
5. Signs subject to chapter 17.640.

C. Subarea C.
1. Those uses permitted within the single-family residential (R-1) zone, pursuant to Chapter 17.130.
2. Parks and playgrounds.
D. Subarea D.
1. Those uses permitted within the single-family residential (R-1) zone, pursuant to Chapter 17.130.
2. Parks and playgrounds. (Ord. 688 § 3 (Exh. B) (part), 2001: Ord 682 § 3 (Exh. B) (part), 2001)

17.480.003 Conditionally permitted uses for each subarea.
A. Subarea A. Those conditionally permitted uses within the Ranchette Estate (RE) zone
B. Subarea B.
1. Apartments, condominiums, and town-homes for seniors aged 55 or older developed at a density exceeding the mid-range of the high density residential land use category.
2. Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character intended to primarily serve the immediate neighborhood or residential project.
3. Group Homes for seniors that provide services in a group setting to individuals 55 or older who need or desire care and supervision.

C. Subarea C. Those conditionally permitted uses within the Ranchette Estate (RE) zone.
D. Subarea D. Those conditionally permitted uses within the Ranchette Estate (RE) zone. (Ord. 688 § 3 (Exh. B) (part), 2001: Ord 682 § 3 (Exh. B) (part), 2001)

17.480.004 General development standards for subarea A.
A. Minimum Lot Area. Five thousand two hundred square feet.
B. Minimum Lot Width. Fifty feet.
C. Minimum Lot Depth. One hundred feet.
D. Minimum Lot Frontage. Thirty feet for all lots on cul-de-sacs, knuckles or curvilinear streets.
E. Minimum Front Yard Setback. Twenty feet for a street facing garage; twelve feet for a turned garage; ten feet for any living space and five feet for front porches.
F. Minimum Side Yard Setback. Five feet and a total of twelve feet for both sides. Zero feet for garage using a shared driveway with the adjacent lot.
G. Corner lots, on the street side, shall maintain a minimum side yard setback of ten feet.
H. Minimum Rear Yard Setback. Twenty feet with an average of twenty-five feet.
I. Maximum Building Height. Thirty feet and two stories.
J. Side Loading Garages. Ten percent of the total lots shall have side-loading garages.
K. Corner Lots. Fifty percent of the corner lots shall have single story plans.
L. Single Story Units. A minimum twenty-five percent of the total lots shall have single story plans.
M. Maximum lot coverage shall be forty percent.
N. Maximum Number of Units. One hundred thirteen dwelling units. (Ord. 688 § 3 (Exh. B) (part), 2001: Ord 682 § 3 (Exh. B) (part), 2001)

17.480.005 Development standards for subarea B.

A. Minimum building setback from property lines to be fifteen feet.
B. Minimum distance between buildings to be fifteen feet.
C. Maximum building height, thirty –five (35) feet or two stories.
D. Maximum building coverage shall be 25%.
E. Maximum number of dwelling units: 80.
F. There shall be 1.0 covered parking stall provided per dwelling unit
(Ord. 688 § 3 (Exh. B) (part), 2001: Ord 682 § 3 (Exh. B) (part), 2001)

17.480.006 General development standards for subarea C.
A. Minimum Lot Area. Four thousand seven hundred square feet.
B. Minimum Lot Width. Forty-seven feet.
C. Minimum Lot Depth. One hundred feet, except for lots 172-174 where ninety foot minimum is acceptable.
D. Minimum Lot Frontage. Forty feet for all lots on cul-de-sacs, knuckles or curvilinear streets.
E. Minimum Front Yard Setback: twenty feet for a street facing garage; twelve feet for a turned garage; ten feet for any living space and five feet for front porches.
F. Minimum Side Yard Setback. Four feet with an aggregate of ten feet on lots less than fifty-three feet wide, five feet with an aggregate of twelve feet on the fifty-three foot or wider lots, and five feet with an aggregate of fifteen feet on all corner lots. Zero feet for garage using a shared driveway with the adjacent lot.
G. Corner lots, on the street side, shall maintain a minimum side yard setback of ten feet.
H. Minimum Rear Yard Setback. Twenty feet average with a minimum of fifteen feet for habitable portion of dwelling. Five feet for detached garages.
I. Maximum Building Height. Thirty feet and two stories.
J. Side Loading Garages. Ten percent of the total lots shall have side-loading garages.
K. Corner Lots. Fifty percent of the corner lots shall have single story plans.
L. Single Story Units. A minimum twenty-five percent of the total lots shall have single story plans.
M. Maximum lot coverage shall be forty percent.
N. Maximum Number of Lots. One hundred seventy-five. (Ord. 688 § 3 (Exh. B) (part), 2001: Ord 682 § 3 (Exh. B) (part), 2001)

17.480.007 General development standards for subarea D.
A. Minimum Lot Area. Five thousand one hundred square feet.
B. Minimum Lot Width. Sixty feet.
C. Minimum Lot Depth. Eighty-five feet.
D. Minimum Lot Frontage. Forty feet for all lots on cul-de-sacs, knuckles or curvilinear streets.
E. Minimum Front Yard Setback. Twenty feet for a street facing garage; twelve feet for a turned garage; ten feet for any living space; and five feet for front porches.
F. Minimum Side Yard Setback. Five feet with an aggregate of fifteen feet. Zero feet for a garage using a shared driveway.
G. Corner lots, on the street side, shall maintain a minimum side yard setback of ten feet.
H. Minimum Rear Yard Setback. Twenty feet average with a minimum of fifteen feet for habitable portion of dwelling. Five feet for detached garage.
I. Maximum Building Height. Thirty feet and two stories.
J. Side Loading Garages. Ten percent of the total lots shall have side-loading garages.
K. Corner Lots. Fifty percent of the corner lots shall have single story plans.
L. Single Story Units. A minimum twenty-five percent of the total lots shall have single story plans.
M. Maximum lot coverage shall be forty percent.
N. Maximum Number of Lots. Seventy-seven. (Ord. 688 § 3 (Exh. B) (part), 2001: Ord 682 § 3 (Exh. B) (part), 2001)

17.480.008 Other regulations.
A. Design and site development shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004(H).
B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H) except for Subarea B that has its own specific standard.
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 through the subdivision map process. (Ord. 688 § 3 (Exh. B) (part), 2001: Ord 682 § 3 (Exh. B) (part), 2001)

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