CITY COUNCIL AGENDA ITEM
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
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.
The City Council approved the Garin Ranch Specific Plan December 1991.
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
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
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
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
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
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
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.
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
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
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
9. That the natural and scenic qualities of the site are protected with
adequate available public and private open spaces designated on the
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
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.
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;
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
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:
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.