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CITY COUNCIL AGENDA ITEM NO. 23

Meeting Date: December 9, 2003

Subject/Title: Second Reading and adoption of Ordinance No.765 adding Chapter 17.522 to the Brentwood Municipal Code approving a rezone request (RZ 02-11) for the proposed Rose Garden Residential Development, east of the Union Pacific Railroad Tracks between Lone Tree Way and Neroly Road.

Submitted by: Community Development Department (Mitch Oshinsky/Winston Rhodes)

Approved by: John Stevenson, City Manager

RECOMMENDATION
Second reading and adoption of Ordinance No. 765 adding Chapter 17.522 to the Brentwood Municipal Code approving the Rose Garden Environmental Impact Report and RZ 02-11, rezoning approximately 133.4 acres from a mix of R-1-E, R-1, and R-2 to PD-65, creating six subareas and establishing specific development standards for each of the subareas.

PREVIOUS ACTION
The City Council introduced and waived the first reading of Ordinance No. 765 at its meeting of October 28, 2003 by a vote of 3-1-1. This item was not placed on the consent portion of the agenda because the October 28th vote was not unanimous.

BACKGROUND
On September 22, 2003, the Planning Commission recommended that the City Council approve the rezoning of 133.4 acres from a mix of R-1-E, R-1, and R-2 to PD-65 and add Chapter 17.522 to the Brentwood Municipal Code which contains the specific development standards for the project site located north of Lone Tree Way, west of the Union Pacific Railroad tracks, and south of Neroly Road. The project includes 511 residential lots, 7 neighborhood parks totaling approximately 8.7 acres, and open space and trails totaling approximately 8.9 acres including a private swim club (see the attached Development Plan).

Attachments:

1. Ordinance 765 approving Rezone 02-11
2. Rose Garden Development Plan
3. Rose Garden Environmental Impact Report (Previously provided and available for review in the Community Development Department)

ORDINANCE NO. 765

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 02-11) OF APPROXIMATELY 133.4 ACRES 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) 65, ADDING CHAPTER 17.522 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SIX SUBAREAS WITHIN PD-65 KNOWN AS ROSE GARDEN, LOCATED NORTH OF LONE TREE WAY, SOUTH OF NEROLY ROAD, AND EAST OF THE UNION PACIFIC RAILROAD TRACKS (APN 018-010-006, 018-010-007, 018-010-008, 018-010-010, 018-010-011, 018-010-012, 018-020-001, AND 018-070-001).

WHEREAS, Pulte Homes has requested that the City approve a rezone from R-1-E, R-1, and R-2 to Planned Development District 65 (PD-65) for a approximately 133.4 acre property located north of Lone Tree Way, east of the Union Pacific Railroad tracks and south of Neroly Road shown on Attachment “A” of this Ordinance known as Rose Garden; and

WHEREAS, Pulte Homes has requested that the City establish development standards for six subareas within PD-65 by adding Chapter 17.522 to the Brentwood Municipal Code on the Rose Garden property shown on Attachment “B” of this Ordinance; and

WHEREAS, on September 22, 2003, the Planning Commission conducted a duly noticed public hearing, considered a staff report and public comments, and passed Resolution No. 03-71, which recommended approval of the rezone and specific development standards for PD-65
WHEREAS, on September 22, 2003, the Planning Commission approved a Vesting Tentative Subdivision Map (VTSM 8561) and a Design Review (DR 02-34) request for 481 single family lots, 30 duet lots, 17.60 acres of neighborhood pockets parks and open space, and a private swim club and related facilities, and public improvements; and

WHEREAS, the City of Brentwood determined that an Environmental Impact Report (EIR) should be prepared to analyze the potential impact and any necessary mitigation measures for this project; and

WHEREAS, a Notice of Preparation was circulated in accordance with the California Environmental Quality Act (CEQA) prior to preparation of the EIR; and

WHEREAS, a draft EIR was prepared per CEQA, and all comments in response to the NOP were incorporated into the draft EIR; and

WHEREAS, the draft EIR has been circulated to the State Clearinghouse, all relevant agencies and interested parties for a 45-day public comment period, per CEQA; and

WHEREAS, all comments received during the public comment period and written responses to those comments, taken together with the draft EIR, constitute the Final EIR, per CEQA; and

WHEREAS, the City has prepared a final environmental impact report (the “FEIR”) for the Project which consists of the Rose Garden Draft Environmental Impact Report, July 2003, State Clearinghouse No. 2003032051 (the “DEIR”), and the Rose Garden DEIR Responses to Comments, September 2003, State Clearinghouse No. 2003032051 (the “Responses to Comments”), and which analyzes and evaluates the project in accordance with the requirements of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq (“CEQA”).
WHEREAS, the City has prepared a Mitigation Monitoring Plan (the “MMP”) which includes the mitigation measures proposed for the Project in the FEIR.
WHEREAS, the FEIR was prepared for the project in accordance with CEQA and indicates that all environmental impacts of this project can be reduced to a less-than-significant level with appropriate mitigation measures; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project and published in the Brentwood News on October 17, 2003, in accordance with City policies and Government Code 65090; and

WHEREAS, the City Council held a public hearing on the proposed rezone and specific development standards on October 28, 2003, for the purpose of reviewing the request, considering the Planning Commission’s action and considering all comments made by the public with respect to the requests; and
WHEREAS, the City Council of the City of Brentwood has considered the compatibility of the applicant’s request with adjacent land uses, consistency with the General Plan, and other applicable City plans, the staff report, Environmental Impact Report, supporting documents, public testimony and all appropriate information that has been submitted with the proposed project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds and determines as follows:

1. That the rezone request provides a better land use planning approach and more comprehensive zoning designation than exists prior to the application; and
2. The site is physically suitable for the type and density of development proposed, in that the General Plan designates the site for a mix of residential uses, the proposed density is less than the maximum allowed under the General Plan and the project complies with all applicable requirements of the Zoning Ordinance; and
3. The proposed rezone request has been processed in accordance with the applicable provisions of the California Government Code and CEQA, in that a FEIR and MMP has been prepared for the project; and
4. The design of the project and proposed rezone request is not likely to cause serious public health problems, in that the FEIR analyzes all potential project impacts related to public health and includes mitigation measures that reduce all potentially significant impacts to less than significant levels; and
5. The City Council has reviewed and considered the FEIR. The FEIR reflects the independent judgment and analysis of the City Council. The Council hereby certifies that the FEIR is adequate and objective and complies with CEQA and incorporates the findings and conclusions of the FEIR herein by this reference; and
6. The proposed rezone request will establish clear development standards for the uses permitted under the General Plan, the Zoning Ordinance, VTSM 8561 and DR 02-34; and
7. The proposed rezone request 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.
8. The proposed rezone request will provide development standards resulting in development that is consistent and compatible with surrounding uses, in that the design of the project and the conditions of approval for the project, including all mitigation measures, will reduce impacts on surrounding property owners to less than significant levels; and
9. That the PD zoning district for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties
10. The proposed rezone request will provide for adequate public uses and private open space, in that the project complies with all applicable goals and policies of the General Plan, as well as with all applicable requirements of the Zoning Ordinance; and;
11. The project 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); and
12. 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 133-acre development plan has been designed as a coordinated development between seven separate parcels that includes shared infrastructure, a combination of attached and detached single-family uses and unique public as well as private amenities.
13. The rezone request involves areas that have suitable relationship to one or more abutting public streets which will provide physical access to the project site, and said streets as planned are adequate to carry any traffic generated by the development, in that Lone Tree Way is a major arterial that bounds the south side of the project, and Neroly Road is a minor arterial that bounds the north side of the project, and that the project includes a traffic analysis that is incorporated into the FEIR, which further analyzes all potential impacts related to transportation and circulation and includes mitigation measures to reduce all potentially significant impacts to less than significant levels, and that based on the 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; and
14. The plan for the proposed development presents a unified and organized arrangement of homes and service facilities which are appropriate in relation to adjacent or nearby properties, and adequate landscaping and/or screening buffers are included to ensure compatibility, including masonry sound walls along the southern and portions of the western and northern project site boundary, where homes abut arterial roadways or are near to the Union Pacific Railroad Tracks; and
15. The natural and scenic qualities of the project site are protected with adequate public open spaces because the project plans will 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..
16. 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 65863.6)
17. The FEIR identifies the significant and potentially significant environmental impacts associated with the Project and proposes mitigation measures to avoid or substantially lessen significant and potentially significant impacts. These mitigation measures have been included in the MMP.
18. Compliance with the MMP will be included in the Project conditions of approval. Therefore, all significant environmental impacts will be reduced to an acceptable level in that all such effects can be avoided, will be avoided or reduced to a less than significant level.
19. The proposed rezoning request and accompanying development standards are consistent with the existing City General Plan and other applicable City plans because the provisions are consistent with the residential and related land use designations and with the planned density allowed for the project area.
20. 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 will be in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s General Plan, including all relevant Elements thereof, adopted by the City, in that the FEIR analyzes all potential impacts of the project and includes mitigation measures to reduce all potentially significant impacts to less than significant levels.
21. On the basis of the whole record before it, there is no substantial evidence that this rezone request will have a significant effect on the environment.

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

Section 1.

The FEIR prepared for this project and the recitals noted above are true and correct and incorporated herein as findings and the FEIR is hereby approved, and directs Staff to file the Notice of Determination with the County Clerk.

Section 2.

The approximate 133-acre site, as shown on Attachment "B", is hereby rezoned from a mix of R-1-E, R-1, and R-2 to PD-65 for 511 dwelling units, including 481 single-family homes, 30 duet units, a private swim club and related facilities, accompanying neighborhood parks, trails, and public improvements, and specific development standards are hereby adopted for the Rose Garden project (VTSM 8561 and DR 02-34) as reflected in Attachment "C".

Section 3.

City Staff is hereby directed to make the necessary change to the City Zoning Map and Municipal Code.

Section 4.

Chapter 17.522 is hereby added to the City of Brentwood Municipal Code for the purpose of regulating certain real property and establishing development standards for the Rose Garden project, as shown on Attachment "C" to this Ordinance.

Section 5.

Chapter 17.522 is hereby known as the Planned Development No. 65 Zone.

Section 6.

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 7.

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 28th day of October 2003 and adopted at a regular meeting of the Brentwood City Council on the 9th day of December 2003, by the following vote: Attachments: Exhibit "A" - Vicinity Map for Rose Garden Exhibit "B" - Subarea Map of PD-65 Exhibit “C” - Development Standards for PD-65

EXHIBIT "C" TO CITY COUNCIL ORDINANCE NO. 765 CHAPTER 17.522 PLANNED DEVELOPMENT 65 (PD-65) ZONE ROSE GARDEN SUBDIVISION 17.522.001 AUTHORITY, PURPOSE AND INTENT 17.522.002 PERMITTED USES FOR EACH SUBAREA 17.522.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA 17.522.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A 17.522.005 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 OTHER REGULATIONS 17.522.001 AUTHORITY, PURPOSE, AND INTENT: The authority, purpose and intent for the adoption of the PD-65 (Planned Development 65) Zone are as follows:
A. Authority: PD-65 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-65 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 511 lots. The PD-65 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.

17.522.002 PERMITTED USES FOR EACH SUBAREA SUBAREA A
• Single-family dwelling units.

• 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.

• 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.

• 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.

• 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.

• 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.
17.522.003 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.
17.522.04 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A:

A. Minimum Lot Area: 7,000 square feet B. Minimum Lot Width: 65 feet except for lots on cul-de-sacs, knuckles or curvilinear streets that shall be at least 40 feet measured at the front property line. C. Minimum Lot Depth: 85 feet D. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for turned garage and living space, and 12 feet for front porches measured to front of property line. E. 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. F. Minimum Rear Yard Setback: 20 feet for main residence and 5 feet for detached living areas. G. Maximum Building Height: 30 feet and two stories for main residence and 16 feet and one story for detached living areas. H. Maximum Lot Coverage: 40 percent for single story units; 40 percent for two-story units including main residence and detached living area. I. Maximum Number of Lots: 126
17.522.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B: A. Minimum Lot Area: 5,900 square feet B. Minimum Lot Width: 65 feet except for lots on cul-de-sacs, knuckles or curvilinear streets that shall be 40 feet at the front property line. C. Minimum Lot Depth: 70 feet D. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for turned garages and living space, and 12 feet for front porches measured to the front property line. E. 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. Porte-cochere and trellis elements may encroach into the minimum side yard setback. F. Minimum Rear Yard Setback: 20 feet and 5 feet for recessed garages. G. Maximum Building Height: 30 feet and two stories. H. Maximum Lot coverage: 40 percent for single story unit; 40 percent for two story units. I. Maximum Number of Lots: 93

17.522.006 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C:
A. Minimum Lot Area: 4,900 square feet B. Minimum Lot Width: 50 feet except for lots on cul-de-sacs, knuckles or curvilinear streets that shall be a minimum of 30 feet at the front property line. C. Minimum Lot Depth: 90 feet D. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for turned garage and living space, and 12 feet for front porches measured to the front property line. E. 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. Porte-cochere and trellis elements may encroach into the minimum side yard setback. F. Minimum Rear Yard Setback: 20 feet and 5 feet for recessed garages. G. Maximum Building Height: 30 feet and two stories. H. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two story units. I. Maximum Number of Units: 148

17.522.007 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D: A. Minimum Lot Area: 3,500 square feet B. Minimum Lot Width: 45 feet except for lots on cul-de-sacs, knuckles or curvilinear streets that shall be a minimum of 30 feet at the front property line. C. Minimum Lot Depth: 70 feet D. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for living space, and 12 feet for front porches measured to the front property line. E. 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. Porte-cochere and trellis elements may encroach into the minimum setback. F. Minimum Rear Yard Setback: 12 feet and 5 feet for recessed garages. G. Maximum Building Height: 30 feet and two stories. H. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two story units I. Maximum Number of Units: 114

17.522.008 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA E (DUET LOTS): A. Minimum Lot Area: 3,000 square feet B. Minimum Lot Width: 35 feet except for lots adjacent to parks that shall be a minimum of 18 feet at the front property line. C. Minimum Lot Depth: 55 feet D. Minimum Front Yard Setback: 15 feet E. Minimum Side Yard Setback: 0 feet and a total of 7.5 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. F. Minimum Rear Yard Setback: 0 feet – unit is attached. G. Maximum Building Height: 30 feet and two stories H. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two-story units. I. Maximum Number of Units: 30

17.522.009 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA F (SWIM CLUB) A. Maximum Building Height: 30 feet B. All new development within Subarea F of PD-65 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.

17.522.010 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 approved Development Plan. Variations in the Development Plan including street and lot pattern may be approved though the subdivision map process.

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