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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: September 23, 2003

Subject/Title: Amendment to Planned Development (PD) 17 and the Garin Ranch Specific Plan to rezone 22 acres from Apartment/Condominium/Commercial/Public Facility uses to Commercial/Townhouse/Cluster Home uses and rezone 10.5 acres from Duet/Townhouse uses to Zero Lot Line single family use.

Submitted by: Oshinsky/Zilm

Approved by: John Stevenson, City Manager

RECOMMENDATION
Introduce and waive the first reading of an Ordinance approving an amendment to Planned Development No. 17 to rezone 22 acres from Apartment/Condominium/Commercial/Public Facility uses to Commercial/Townhouse/Cluster Home uses with development standards for the Townhouse/Cluster Home uses and rezone 10.5 acres from Duet/Townhouse uses to Zero Lot Line single family use with development standards for the Zero Lot Line single family use.

PREVIOUS ACTION
The City Council approved the Garin Ranch Specific Plan December 1991.

BACKGROUND
When the Garin Ranch Specific Plan was approved in 1991 it created Planning Area 1 for Apartment/Condominium use on roughly 10 acres, Public Facility for school use on roughly 7.6 acres and Commercial use on roughly 11 acres. Garin Ranch was envisioned to establish a mixed use development, which provides the transition from the unique historical attributes of downtown to the rural character of the urban fringe to the east. It was also envisioned to provide a labor force in convenient proximity to the downtown commercial center where the majority of higher density or moderate density uses are located adjacent to the downtown. As the project progresses east the residential densities decrease to create a transition from the urban uses of the downtown area to the agricultural lands to the east of Garin Ranch.

Planning Area 1 originally consisted of 10.4 acres for the construction of Apartments and Condominiums. The Garin Ranch Specific Plan maximum allowable density for Planning Area 1 is 20 units per acre. The General Plan shows that this property is High Density Residential allowing for a density of 11 to 20 units per acre with a mid-range of 15.5 units per acre. Signature is proposing to construct 105 Townhouses and 64 Cluster homes for a total count of 169 units on 13 acres or a density 13 units per acre. This would put this proposed project 2.5 units per acre or 32 total units under the mid-range, yet still above the minimum density of 11 du/ac.

At the same time that Signature Properties processed a subdivision map for this area they were also processing another subdivision map within Planning Area 5 of Garin Ranch. This subdivision map is on 10.5 acres. The Specific Plan showed that this area was designated for Duet/Townhouses, however Signature is requesting to change this area from the Duet/Townhouses to Zero Lot Line Single Family residences. The tentative subdivision map proposed to subdivide the 10.5 acres into 96 single-family residential units. With the 10.5 acres this development would yield a density of 9.1 units per acre, which is below the Garin Ranch Specific Plan maximum density of 10 units per acre for Planning Area 5. However, the General Plan designates this property as Medium Density Residential allowing for a density of 5 to 11 units per acre with a mid-range of 8 units per acre. With the 9.1 units per acre Planning Area 5 is 1.1 units per acre or 12 total units above the mid-range density. Signature is requesting to transfer density from Planning Area 1 to Planning Area 5.

The applicant appeared before the Council asking direction on dealing with a possible density transfer between Planning Area 5 and Planning Area 1. When the applicant was before the Council the possibility of a density transfer there was a consensus among Council that due to the fact that the applicant had worked with the surrounding residents eliminating the originally approved apartments in Planning Area 1 by changing this planning area to Townhouses and Cluster Homes and adding a pocket park to Planning Area 5 as directed by the Housing Subcommittee, the Council would consider the density transition.

The Garin Ranch Specific Plan maximum allowable density for Planning Area 1 is 20 units per acre. The General Plan shows that this property is High Density Residential allowing for a density of 11 to 20 units per acre with a mid-range of 15.5 units per acre. Signature is proposing to construct 105 Townhouses and 64 Cluster homes for a total count of 169 units on 13 acres or a density 13 units per acre. This would put this proposed project 2.5 units per acre or 32 total units under the mid-range, yet still above the minimum density of 11 du/ac. On the other property Signature is proposing 96 units on 10.5 acres yielding a density of 9.1 units per acre or 12 total units over the mid-range. This density is under the Garin Ranch Specific Plan maximum allowable density of 10 units per acre. The General Plan shows this property as Medium Density Residential allowing for a density of 5 to 11 units per acre with a mid-range of 8 units per acre. This density transfer would allow Planning Area 5 to exceed the mid-range density by 1.1 units per acre or 12 total units because Planning Area 1 is under the mid-range density by 2.5 units per acre or 32 total units. Staff is comfortable transferring the density from Planning Area 1 to Planning Area 5.

The Planning Commission at its May 6, 2003 meeting considered and on a 4 – 1 vote, recommended that the City Council amend Planned Development No. 17 to rezone 22 acres from an Apartment/Condominium/Commercial/Public Facility use to a Commercial/Townhouse/Cluster Home use and establish development standards for the Townhouse/Cluster Home uses. At its September 2, 2003 meeting the Planning Commission considered, and on a 4 -1 vote, recommended that the City Council amend Planned Development No. 17 to rezone 10.5 acres from a Duet/Townhouse use to a Zero Lot Line single family use and establish development standards for the Zero Lot Line single family use.

Following is a list of the development standards for the newly created Cluster Home and Zero Lot Line single family uses:

CLUSTER HOME DEVELOPMENT STANDARDS

Lot Area: Minimum 2,100 sq. ft.

Lot Width: Minimum of 39 feet for all lots.

Lot Depth: Minimum of 53 feet.

Height: No main building shall exceed the height of two stories and 30
feet.

Rear Yard: Minimum of 16 feet for all houses along Balfour Road and a minimum of 12 feet for the rest of the houses.

Front Yard: Minimum of 5 feet for house and 5 feet for garage. No encroachments into this area.

Side Yard: Minimum of 3 feet and a total of 8 feet. Corner lots shall have a
minimum of 5 feet on the street side and corner.

Garage: Minimum of 3 feet offset between garages.

Parking: Minimum one space per lot on street plus two covered spaces within a garage.

Other: Cluster Homes shall be exempt from the one story requirement.

ZERO LOT LINE SINGLE FAMILY DEVELOPMENT STANDARDS

Lot Area: Minimum 3,000 sq. ft.

Lot Width: Minimum of 40 feet for interior lots and 45 feet for corner lots.
Minimum of 35 feet at the street for cul-de-sac lots.

Lot Depth: Minimum of 75 feet.

Height: No main building shall exceed the height of two stories and 30 feet.

Rear Yard: Minimum of 5 feet behind the garage, minimum of 12 feet from
the rear of the building.

Front Yard: Minimum of 10 feet for house and 20 feet for garage. Porches may encroach a maximum of 5 feet into the front yard setback.

Side Yard: Minimum of Zero feet on the garage side and a minimum of 4 feet on the other side of the house. Corner lots shall have a minimum of 9 feet on the street side.

Garage: Minimum of 5 feet offset between garages.

Parking: Minimum one space per lot on street plus two covered spaces within a garage.

IMPACT
Fiscal impact to the City would be positive. The economist for the General Plan believes we need to grow to our build out population in order to attract quality economic development, jobs and businesses. This development would help to reach the build out population of the General Plan and increase the overall economical viability of the City

Exhibits:

A. City Council Ordinance
B. Amended Chapter 17.467 Planned Development No. 17 and the Garin Ranch Specific Plan adding development standards for the Cluster Homes and Zero Lot Line single family residential units.
C. Originally approved Garin Ranch Specific Plan Map.
D. Proposed Change to the Garin Ranch Specific Plan Map.

EXHIBIT “A”

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 17 AND THE GARIN RANCH SPECIFIC PLAN BY CHANGING 22 ACRES FROM APARTMENT, CONDOMINIMIUM, COMMERCIAL, PUBLIC FACILTY USES TO COMMERCIAL, TOWNHOUSE, CLUSTER HOME USES WITH DEVELOPMENT STANDARDS FOR THE CLUSTER HOME USE (PLANNING AREA 1) AND BY CHANGING 10.5 ACRES FROM DUET/TOWNHOUSE USES TO ZERO LOT LINE SINGLE FAMILY USE WITH DEVELOPMENT STANDARDS FOR THE ZERO LOT LINE SINGLE FAMILY USE (PLANNING AREA 5), LOCATED WITHIN SIGNATURE PROPERTIES GARIN RANCH DEVELOPMENT.

WHEREAS, the applicant has filed for an amendment of the development standards of his property to accommodate the subdivision; and

WHEREAS, on May 6, 2003 and September 2, 2003 the Planning Commission conducted a duly noticed public hearings, considered public comments and passed Resolution Nos. 03-17 and 03-20 which recommended the approval of the amendments of Planned Development No. 17 by adding development standards for the newly created Cluster Home and Zero Lot Line single family uses; and

WHEREAS, an Initial Study and Negative Declaration were prepared for Tentative Subdivision Map Nos. 8426, 8627 and 8633 in accordance with the California Environmental Quality Act and were considered as a part of the review and approval process; and

WHEREAS, the Negative Declaration identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these project measures are included in the project conditions of approval and will reduce the impacts identified to a less than significant level; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on, 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 Nos. 8426, 9627, and 8633.

2. Provide standards resulting in development that is consistent and compatible with surrounding uses.

3. Provide for adequate public uses and private open space.

4. Generate a level of traffic that can be accommodated by the public circulation system, existing or planned.

5. Serve the housing needs of the City and the region and will not create a detrimental imbalance between the public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6).

6. That the proposed development will clearly result in a more desirable use of land and a better physical environment than would be possible under any single or combination of zones.

7. That the PD Zone proposed amendment is on property, which has suitable relationship to one or more thoroughfares; and that said thoroughfares are adequate to carry any traffic generated by the development.

8. That the plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility.

9. That the natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the development plan.

10. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City and will be in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s Community Development Plan, including all relevant Elements therefore, and with any applicable Specific Plan adopted by the City.

11. The City Council has reviewed 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 General Plan is adequate for all approvals relating to the project.

13. The City Council further finds that no significant new information within the meaning of the Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City which would necessitate recirculation of the Mitigated Negative Declaration for further public review. The Mitigated Negative Declaration has not undergone any reorganization on this account. The City Council has considered all verbal and written comments relating to the Mitigated Negative Declaration and finds no significant new information has arisen.

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

Section 1. Planning Area 1 is hereby amended to permit Townhouse/Cluster home uses and Planning Area 5 is hereby amended to permit Zero Lot Line single family use within Planned Development 17.

Section 2. Chapter 17.467 is hereby amended for the purpose of regulating certain real property and establishing development standards for Planning Areas 1 and 5.

Section 3. Amendments to Chapter 17.467 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 23rd day of September 2003 and adopted at a regular meeting of Brentwood City Council on the ___ day of _______ 2003, by the following vote:

CHAPTER 17.467
PD – 17 (PLANNED DEVELOPMENT 17) ZONE

GARIN RANCH SPECIFIC PLAN

17.467.001 AUTHORITY, PURPOSE AND INTENT
17.467.002 GARIN RANCH SPECIFIC PLAN


17.467.001 AUTHORITY, PURPOSE AND INTENT:

The authority, purpose and intent for the adoption of the PD-17 (Planned Development 17) zone are as follows:

A. Authority: PD-17 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations of the Brentwood Municipal Code.
B. Purpose and Intent: The purpose of the PD – 17 zone is to permit and regulate the orderly development of properties located within the Garin Ranch Specific Plan.

17.467.002 GARIN RANCH SPECIFIC PLAN:

The Garin Ranch Specific Plan as adopted by Ordinance No. 505 and as may be subsequently amended, provides the land use and development regulations for the Planned Development Zone District. The Garin Ranch Specific Plan is not intended to supersede or amend other sections of Title 17 of the Municipal Code or any other Chapter of the Municipal Code. In the event of conflict between the provisions of the Specific Plan and other provisions of the Municipal Code, the other provisions shall prevail.


 

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