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CITY COUNCIL AGENDA ITEM NO. 26

Meeting Date: April 13, 2004

Subject/Title: Public Hearing: Pre-zone, Annexation, General Plan Amendment, Zoning Ordinance Amendment and Development Agreement for the Vineyards at Marsh Creek Project.

Prepared by: J. Zilm

Submitted by: M. Oshinsky, Director, Community Development

RECOMMENDATION
Introduce and waive the first reading for the following:

• An Ordinance approving the Pre-zone of 593 acres for the Vineyards at Marsh Creek Project to Planned Development No. 64;

• A Resolution initiating an application to the Local Agency Formation Commission (LAFCO) for annexation of 624 for the Vineyards at Marsh Creek Project to the City of Brentwood;

• An Ordinance approving a General Plan Amendment requesting various changes to the General Plan text and map;

• An Ordinance approving a Zoning Ordinance Amendment establishing development standards for the new PD-64 for the Active Adult units, Executive Home units, Active Adult Recreation Center, Village Center, Winery with Amphitheater, Community College site, John Marsh House State Park site and the PGE site

• A Ordinance approving a Development Agreement between the City and the Vineyards at Marsh Creek, LLC, to govern the construction, phasing and development of the Vineyards at Marsh Creek Project.

PREVIOUS ACTION
On February 19, 2004 the Vineyards at Marsh Creek Project was before the City Council RGMP-Housing Subcommittee for review and approval of the RGMP allotment for the project. The project received a score of 149 points out of a possible of 240 points and the Subcommittee recommended approval of the RGMP allotments to the City Council.

On March 9, 2004 the Vineyards at Marsh Creek Project was before the City Council for approval of the Project’s RGMP allotments. The Council voted (by a 3 -1-1 vote) to approve the Vineyards at Marsh Creek Project RGMP allotments allowing the developer to proceed to the Planning Commission for further review of the entitlements for their project.

On March 16, 2004 the Planning Commission voted (by a 3 – 0 vote) to recommend to the City Council approval of the Certification of the EIR, Pre-zone, General Plan Amendment, Zoning Ordinance Amendment and Development Agreement for the Vineyards at Marsh Creek Project, in conjunction with approval of the tentative subdivision map and design review for the Vineyards at Marsh Creek Project.

BACKGROUND
The project would be for a mixed use development on 481 acres of land to include up to a maximum of 1,100 active adult units, 150 single-family executive lots and roughly 35 acres reserved for the Village Center that would include commercial and office development, a Small Lodge facility, senior apartments, institutional levels of congregate residential facilities and multi-family residential units. In addition, a 30 acre parcel would be created for development of a winery with an amphitheater. Approximately 100 acres of a winery, vineyards, and olive groves would be planted in open space permanently protected by conservation easements. The project would also include annexing into the City roughly 40 acres to include the John Marsh House, 12 acres for the PG&E gas terminal site and roughly 30 acres for a future Community College campus.

The applicant is requesting to annex the 593 acres into the City. Along with the Vineyards at Marsh Creek project, the application would include annexing the existing Pacific Gas and Electric 12 acre facility that is located adjacent to the Vineyards project site on the east. No changes are proposed to the PG&E facility, it is only being included as part of the project annexation to ensure that contiguous properties are included in the annexation proposal.

In addition to the proposed Vineyards project, staff is recommending that the City of Brentwood consider annexing two sites outside of the Vineyards project area and outside the Urban Limit Line (ULL). They are a 40 acre site which includes the John Marsh House, and a 60 acre site limited to development of a 30 acre community college campus and 30 acres to facilitate a correction to the intended roadway alignment so that it lines up with the Fairview Avenue and Marsh Creek Road intersection. The City is considering the annexation of these two sites into the City’s municipal boundary to provide the properties with municipal services. The school and parks do not have to be inside the ULL in order to develop; they are exempt from City and County Land Use and Zoning regulations.

The applicant has proposed the following amendments to the General Plan text and Map (deleted text stricken, new text underlined):

A. Page IV. 1-8

Policy 7.2.6 Habitat Conservation Plan: Require a Habitat Conservation Plan to be prepared and adopted prior to any General Plan Amendments in the southwest portion of the Planning Area (designated Special Planning Areas).

Staff’s Comments:

This section would be removed from the General Plan because the timing to form an HCP is out of the City’s control. Continued coordination with the East County HCP process is ongoing. The southwest area of SPA J is now a state park and the permanent protection of this parkland will preserve the vegetation and associated wildlife habitat area.


B. Page II. 1-12

2. Mixed Use Business Park (BP)

The intent and purpose of this mixed use category is to provide for integrated subclusters of businesses and research parks, large individual corporate establishments, and professional and administrative office or light industrial complexes. Selected complementary commercial activities and limited residential uses may be allowed as a secondary use. Examples of allowed uses in this category include computer software companies, medical supply companies, research laboratories, copying services, title companies, printing companies, warehousing, offices, cabinet makers, auto services, equipment repair, wholesale home furnishings, light manufacturing, retail commercial services, retail uses, and convenience stores, restaurants, wineries (and associated orchards, row crops, production facilities, packing and shipping facilities, amphitheater and related uses, and catering facilities), multi-family housing units, senior apartments, and institutional levels of congregate care.

Staff’s Comments:

These changes are needed to allow for the proposed uses occurring within the Vineyards project.

C. Page II. 1-19

PLANNING PROCESS

Development within a Special Planning Area (SPA) shall occur in accordance with the following process:

2. Preparation of multiple specific plans or planned development zone districts for a SPA may be allowed when the City finds that this would be in the public interest due to ownership pattern, size of Planning Area, timing of development, or other similar factors. However, in no case shall a specific plan or planned development zone district contain less than fifty (50) acres or represent less than twenty-five (25%) of the developable acreage of a Planning Area.

Staff’s Comments:

Due to the fact that a large portion of this project is not developable this change is needed to reflect this.

D. Page II. 1-39

SPECIAL PLANNING AREA J

Background

This special planning area, approximately 5,500 acres in size, is located in the southwest corner of the Planning Area. The area is bounded by Walnut Boulevard on the east, Marsh Creek Road/Camino Diablo Road on the south, Deer Valley Road on the west, and the Deer Ridge and Hancock properties on the north. Approximately 4,000 acres have been conveyed to the state park system and approximately 50 percent of the SPA is located outside of the City’s Sphere of Influence.

Staff’s Comments:

This change is needed to correctly reflect the proposed project.

E. Page II. 1-40

POLICY DIRECTION

Development shall occur in a compact urban form in order to encourage pedestrian and transit use with close proximity of housing to jobs, shopping and community facilities such as schools, parks, and day care centers. Residential development shall provide a range of densities and housing types from apartments to entry level affordable ownership units to a large executive home. Sufficient land shall be designated for employment generating uses. Commercial and professional office facilities in this SPA shall be developed to meet the daily service needs of the residents and a Village Center mixed use commercial/business Park shall be developed in an attempt to bring the City’s Job/Housing ratio to 1.5 jobs per household. A minimum of 60% of the area inside the City Sphere of Influence shall be designated as urban reserve and a. All areas outside the City Sphere of Influence should be designated as open space. A habitat conservation plan Feasible measures shall be incorporated into development activities to identify and protect heritage trees and to reduce effects on sensitive wildlife habitat.

DESIGN OBJECTIVES

Development within the planning area shall comply with the applicable community design goals and policies in the General Plan with specific emphasis given to the following:

• Attain a Job/Housing balance at a minimum of 2.0 1.5 jobs per household within this SPA and attain 1.5 Jobs/Housing balance citywide.

Staff’s Comments:

This change is appropriate because the 2001 General Plan Update established a citywide jobs/housing balance of 1.5 jobs per household, and designated 5,500 acres of Special Planning Area (SPA) J for development, with 398 acres designated for job generating land uses, in order to provide for a jobs/housing balance of 2 jobs per household for SPA J. Subsequently, the County amended the Urban Limit Line (ULL), and moved the majority of land in SPA J outside the Line, including large areas designated for job generating land uses, so that those areas cannot be developed, and only 481 acres were left inside the Line in SPA J.

A development has now been proposed for an active adult residential development, with commercial center, winery, and community college job generating uses proposed on the remaining SPA J acreage that is inside the Line. This project has been reviewed by the City Council Housing Committee, and SPA J Committee, which have recommended approval of the proposal to the City Council.

Gruen Gruen + Associates, economic consultants have completed a telephone survey of 100 active senior households residing in the Brentwood Summerset development in May 2000, which represented a 10% sample of the total of 1,000 Summerset households in existence at the time. A 10% sample size of a population provides a 95% confidence coefficient and a +/- .01% error estimate. For the sample, 17 households had one employed member (either full or part time), and 4 had two employed persons (either full or part time) for a total of 25 employed persons per 100 households.

In Summerset, active seniors work at the rate of 25 persons per 100 households, generating a need for a jobs/housing balance of only 0.25 jobs per household. Therefore, such senior housing does not generate the same need for job generation, as does family housing that instead consists of one or two working adults per household. Documented studies have also demonstrated that senior housing generates only half the average vehicle trips of family housing, and the City has adjusted its trip generation rates and fees to recognize that lower rate.

Since SPA J has lost considerable job creating land to outside the ULL, it is appropriate that SPA J not be required to provide a 2:1 jobs/housing ratio, but rather it should meet the citywide 1.5:1 jobs/housing ratio, and since senior units only generate the need for .25 jobs per household, it is appropriate that the senior housing units job generation need of .25 jobs per household be equivalent to the family housing standard of 1.5 jobs per household.

Hausrath economic consultants have completed a jobs/housing analysis for the Vineyards at Marsh Creek project that concluded that there would be approximately 760 permanent jobs created by development of the employment generating uses in the project that would equal approximately 1.5 jobs per household for the entire Vineyards project, using the 0.25 senior equivalency factor. The vineyards project includes 1400 senior housing units at .25 jobs per household for 351 jobs, 50 multi-family housing units at 1.5 jobs per household for 75 jobs, and 132 family housing units at 1.5 jobs per household for 198 jobs. The total job goal for SPA J is therefore 624 jobs, and the project will generate approximately 760 jobs, therefore the project will be consistent with the citywide General Plan jobs/housing balance of 1.5:1, as amended herein.

F. Page II. 1-16 (Table 3)

GENERAL PLAN CATEGORIES AND ZONING DISTRICTS

Add “CC – Community College” under the General Plan Categories.

G. Page III - 1

Add “Contra Costa Community College District” under Provider.





H. Page III. 2-1

SETTING

Two school districts primarily serve the Brentwood Planning Area: Brentwood Union (k-8) and Liberty Union (9-12). Knightson Union, Oakley Union and Byron Union School Districts serve limited portions of the Planning Area. The two primary districts operate four schools in the Planning Area: three elementary, one middle and one high. A new middle school and a new high school are projected for 1994 2005/2006. The City of Brentwood collects school impact fees on behalf of the two districts. A Contra Costa Community College District (CCCCD) site was also recently annexed into the southern portion of the City of Brentwood. An existing CCCCD facility exists in the City of Brentwood. However, the CCCCD may look at the recently annexed site in the southern Brentwood as a site to relocate and expand their existing Brentwood facility.

Staff’s Comments:

These changes are needed to reflect the new college site.

The proposed General Plan Land Use Map Summary change is as follows:

L Low Density Residential 391.50 acres
BP Business Park 71.00 acres
PF Public Facility 11.00 acres

TOTAL 473.50 acres

Other Land Use Summary

PF PG&E Gas Terminal 13.36 acres
P John Marsh House Park 45.64 acres
CC Community College 29.12 acres

Other State of California land 20.79 acres
State Route 4 Bypass 22.86 acres
CCWD 7.04 acres
Concord Ave. and Marsh Creek Rd. 11.59 acres

TOTAL 623.92 acres

Staff’s Comments:

These changes are needed to reflect the Project.

The purpose of the PD-64 Zone is to permit and regulate the orderly development of the area in accordance with the Brentwood General Plan for up to a maximum of 1,100 Active Adult single-family residential units, up to a maximum of 150 Executive single-family residential units, an Active Adult Recreation Center, a Winery with amphitheater and associate uses, a Village Center with civic, commercial, office, small Lodge/Hotel facility, senior and other multi-family residential units, a City water tank and pump station, a detention basin, associated park, open space and landscape parcels. In addition this PD-64 includes three additional areas (the PG&E site, the John Marsh House State Park site, and a future Community College site) that will be defined as applicable at a later date when the projects are developed. The PD-64 area then is divided into six (6) Subareas as shown on the map which is attached to the development standards and incorporated herein by reference.

The PD-64 Zone is intended to describe the project which will provide private distinguished neighborhoods among an agricultural themed landscape of vineyards and olive groves. The residential components include single story active adult homes with a central recreation center. The active adult neighborhoods will be of a density similar to the existing Summerset Development north of the proposed site, including golf cart accessibility. In addition, there will be two private Executive single-family neighborhoods located in close proximity to the Winery and open space. The Winery is intended to become a distinguishing focal point for the City as a whole, and the Village Center is intended to serve the needs of the surrounding community, and not compete with the downtown commercial activities. All uses will be in conformance with the adopted General Plan and any amendments made as a result of this proposed project.

The six (6) Subareas addressed in the planned development that need development standards assigned to them are as follows:

• Subarea A

Active Adult neighborhood
Executive neighborhood
Active Adult Recreation Center
Water Tank site
Storm Drain Basin
Parks and associated Open Space

• Subarea B

Winery
Amphitheater
Associated uses

• Subarea C

Village Center
Commercial, retail, office uses
Active Adult and Open Market Multi-family residential
Parks

• Subarea D

PG&E Gas Terminal site

• Subarea E

John Marsh House State Park site

• Subarea F

Community College site

These development standards create the required setbacks, building heights, permitted and conditionally permitted uses, and other required City regulations. The entire Draft PD-64 development standards are included with the staff report for review. Subareas D, E, and F development standards would be provided as any new development occurs on them.

The purpose of a Development Agreement is to allow the City and the applicant to enter into an agreement that goes beyond Nexus’ requirements to provide community amenities and that will assure the City that a proposed project will proceed to its completion in compliance with the plans submitted by the applicant and to guarantee the applicant that the project can proceed to its completion in accordance with the rules and regulations in effect at the time of project approval. The main deal points addressed in the proposed Development Agreement are as follows:

• Winery Site
• Village Center
• Wine and Roses Bed and Breakfast Site
• Affordable Housing
• State Park Site (John Marsh Home Site)
• Community College Site
• Highway 4 Bypass issues
• Environmental Mitigation
• IFD

Based upon the Initial Study prepared for this project, an Environmental Impact Report was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). The applicant, Vineyards at Marsh Creek, LLC, would like to receive approval for Pre-zone, Annexation, General Plan Amendment, Zoning Ordinance Amendment and Development Agreement for the Vineyards at Marsh Creek Project.

The Planning Commission and staff believe that the requested approval for Pre-zone, Annexation, General Plan Amendment, Zoning Ordinance Amendment and Development Agreement for the Vineyards at Marsh Creek Project would allow the applicant to develop the site to its potential while maintaining consistency with the General Plan designations of the site and ensuring compatibility with existing and future land uses in the vicinity of the site. The Planning Commission and staff believe that approval of the requested entitlements would serve to implement the goals and policies of the General Plan by facilitating development of the project site and will not adversely impact development of adjacent properties.

FISCAL IMPACT
The applicant will be required to pay all relevant fees as specified in the Development Agreement and the conditions of approval for the Vineyards at Marsh Creek Project. The project, once developed, would generate additional property tax for the City of Brentwood. The project would also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with this project.


Attachments

1. Ordinance approving the Pre-zone
2. Resolution initiating the LAFCO application
3. Ordinance approving the General Plan Amendment
4. Ordinance approving the Zoning Ordinance Amendment
5. Ordinance approving the Development Agreement
6. PD-64 Development Guidelines











































ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE MUNICIPAL CODE BY PREZONING THE ANNEXED PROPERTY REFFERRED TO AS THE VINEYARDS AT MARSH CREEK PROJECT, THE CONTRA COSTA COUNTY COMMUNITY COLLEGE SITE AND THE JOHN MARSH HOUSE SITE, LOCATED AT THE CURRENT TERMINOUS OF FAIRVIEW AVENUE AND CONCORD AVENUE, WEST OF MARSH CREEK, EAST AND NORTH OF THE NEW STATE PARK ON THE FORMER COWELL RANCH TO PLANNED DEVELOPMENT NO. 64 CONSISTING OF APPROXIMATELY 624 ACRES

WHEREAS, the subject property is adjacent to urban development of varying uses; and

WHEREAS, the City of Brentwood on behalf of the property owner desirous of urban services now or in the foreseeable future is pursuing annexation of the subject property; and

WHEREAS, the applicant is requesting an amendment to the Municipal Code to pre-zone the area as required by Chapter 17.060.008 of the Municipal Code and the Cortese-Knox Local Government Reorganization Act of 1985; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch on April 2,2004 and mailed to all property owners of record within 300 feet of the project site in accordance with City policies and Government Code Sections 65090 and 65091; and

WHEREAS, on March 16, 2004, the Planning Commission of the City of Brentwood recommended the pre-zoning of the approximately 624 acre area, known as the Vineyards at Marsh Creek Project, Contra Costa Community College site, and the John Marsh House site, by passing Resolution No. 04-19; and

WHEREAS, the Planning Commission has forwarded the pre-zoning request to the City Council for action; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed pre-zoning on April 16, 2004 for the purpose of reviewing said change; 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 pre-zoning with the goals and policies of the City General Plan, and the Planning Commission recommendations; and

WHEREAS, a legal description of the boundaries to be pre-zoned is outlined and identified in “Exhibit A”, which is attached hereto and by this reference incorporated herein; and

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

1. The propose pre-zoning has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act as the Planning Commission has certified the environmental review of the Project by Resolution N0 04-17.

2. Pursuant to Section 15168 ( c ) and 15162 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 Vineyards at Marsh Creek Project.

3. 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 EIR for the Vineyards at Marsh Creek Project. Therefore, no further environmental review is necessary.

4. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment and the EIR reflects the City Council’s independent judgment and analysis.

5. The proposed pre-zoning designation is consistent with the City General Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood takes the following action:

1. Directs staff to file a Notice of Determination with the County Clerk, if one has not already been filed.

2. Pre-zones the area outlined in Exhibit “A” to Planned Development Sixty-four (PD-64).

3. That specific development standards and regulations shall be adopted for this planned development zone prior to any discretionary approvals for this area.

4. The City Clerk shall cause this Ordinance to be published in the manner required by Government Code 36933.

5. This Ordinance shall go into effect thirty (30) days after the date of passage and adoption.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 13th day of April, 2004, and introduced with the second reading waived at a regular meeting of the Brentwood City Council on the 27th day of April, 2004 by the following vote:



Exhibits:
A. Legal Description with map







CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD INITIATING AN APPLICATION TO THE CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR ANNEXATION NO. 02-01 REFFERRED TO AS THE VINEYARDS AT MARSH CREEK PROJECT, THE CONTRA COSTA COUNTY COMMUNITY COLLEGE SITE AND THE JOHN MARSH HOUSE SITE, LOCATED AT THE CURRENT TERMINOUS OF FAIRVIEW AVENUE AND CONCORD AVENUE, WEST OF MARSH CREEK, EAST AND NORTH OF THE NEW STATE PARK ON THE FORMER COWELL RANCH CONSISTING OF APPROXIMATELY 624 ACRES.

WHEREAS, the City of Brentwood desires to initiate proceedings to the Cortese-Knox Local Government Reorganization Act of 1985, Division 3, commencing with Section 56000 of the California Government Code, and;

WHEREAS, the applicant has applied for approval of an annexation of approximately 624 acres, and;

WHEREAS, the reasons for this proposed annexation are as follows:

1. This annexation is a logical and reasonable extension of the corporate limits of the City of Brentwood, as it includes a portion of the City’s southern Sphere of Influence adjacent to existing City limit boundary lines.

2. It is a desire of the applicant to annex to the City of Brentwood at this time in order to obtain municipal services and eventual development of their property in conformance with the General Plan of the City of Brentwood.

3. The proposal is in conformance with and further implements the goals and policies of the Brentwood General Plan.

WHEREAS, the annexation area is located within area covered by the scope of the EIR for the Vineyards at Marsh Creek Project which was prepared and certified by the City of Brentwood in conformance with the provisions of the California Environmental Quality Act and the land use proposed by this application were included within the scope of issues and analyses discussed in said EIR and, therefore, no further environmental review is deemed to be necessary and a Notice of Determination has been prepared for this annexation in accordance with CEQA Guidelines Section 15153 (b) (5); and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds that each of the foregoing recitals are true and correct:

1. The proposed annexation of approximately 623.92 acres has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

2. Pursuant to Section 15168 ( c) and 15162 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 Vineyards at Marsh Creek Project, the Contra Costa Community College site, the John Marsh House site, and adjacent public lands. Therefore, no further environmental review is deemed necessary and the City Council hereby incorporates Planning Commission Resolution No. 04-17 by reference.

3. The City Council further finds that no significant new information within the meaning of the Public Resources Code Section 21092 and CEQA Guidelines Sections 15088.5 and 15162 has been presented to the City which would necessitate recirculation of the EIR for further public review, or which would require the City to prepare a supplemental or subsequent EIR.

4. The proposed annexation reflects a logical extension of the City’s corporate boundaries.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood takes the following actions:

1. Pursuant to Section 57000 et. Seq. of the Government Code, the City Council of the City of Brentwood authorizes initiating annexation Application No. A 02-01 to LAFCO annexing approximately 623.92 acres generally bounded on the north by the existing City limits, on the south and east by the State Park and on the southeast by a portion of Marsh Creek Road, as reflected by the attached Annexation Map, and;

2. This request for a change of organization is instituted by the City of Brentwood. All notices to this proceeding should be sent to the City Clerk, 150 City Park Way, Brentwood, CA 94513, and;

3. Annexation of the property does not assure immediate availability of necessary public facilities and services. Development will not be allowed to occur until the City is assured that adequate facilities and services are available to serve development of the property pursuant to Chapter 17.805 of the Municipal Code, and;

4. The City of Brentwood and County of Contra Costa have previously negotiated a property tax exchange agreement for the division of property taxes, accruing from territory annexed to the City, in accordance with Part 0.5 (commencing with Sec. 95), Division 1 of the Revenue and Taxation Code of the State of California. If further negotiations are required, the City Manager of the City of Brentwood, or his/her designated representative, is hereby authorized and directed to undertake such negotiations.

5. The City Clerk shall cause a certified copy of this resolution to be filed with the Executive Officer of the Contra Costa County Local Agency Formation Commission.



Exhibits:
A. Map
B. Legal Description

CITY COUNCIL ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A GENERAL PLAN TEXT AND MAP AMENDMENT FOR THE VINEYARDS AT MARSH CREEK PROJECT LOCATED AT THE CURRENT TERMINOUS OF FAIRVIEW AVENUE AND CONCORD AVENUE, WEST OF MARSH CREEK, EAST AND NORTH OF THE NEW STATE PARK ON THE FORMER COWELL RANCH AND ANNEXATION SITES CONSISTING OF APPROXIMATELY 624 ACRES

WHEREAS, the Vineyards at Marsh Creek, LLC., has applied for a General Plan Map Amendment from the existing Ranchette Estate Residential, Very Low Density Residential, Low Density Residential, Business Park, and Urban Reserve designations to Low Density Residential, Business Park, Community College, Park, and Public Facility designations; and

WHEREAS, the Planning Commission found and certified by adopting Resolution No. 04-17 that the Environmental Impact Report prepared for the Vineyards at Marsh Creek Project was prepared as required by the California Environmental Quality Act and the mitigation measures were incorporated into the project which are intended to reduce the identified impacts to a less than significant level and the Planning Commission adopted a Statement of Overriding Considerations for the remaining impacts that cannot be mitigated to a less than significant level; and

WHEREAS, a Notice of Public Hearing before the City Council was mailed to all property owners of record within 300 feet of the project and published in the Ledger-Dispatch on April 2, 2004; and

WHEREAS, on April 13, 2004 the City Council conducted a duly noticed public hearing, reviewed the request, considered the staff recommendation and public comment; 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 and all other pertinent documents and associated actions regarding the proposed amendment; and

WHEREAS, the City Council of the City of Brentwood makes the following findings associated with the Project:

1. The Planning Commission by Resolution No. 04-17 found that the Environmental Impact Report for the Vineyards at Marsh Creek Project has been prepared in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood. The City Council further finds that the project is within the scope of the development levels evaluated in the EIR, as certified by the Planning Commission by Resolution No. 04-17, and the City Council hereby incorporates Planning Commission Resolution No. 04-17 by reference.

2. The City Council, further finds that no significant new information within the meaning of Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 and 15164 has been presented to the City which would necessitate recirculation of the EIR for further review, or which would require the City to prepare a supplemental or subsequent EIR.

3. The General Plan text and Map amendment is consistent with and implements the General Plan.

WHEREAS, the 2001 General Plan Update established a citywide jobs/housing balance of 1.5 jobs per household, and designated 5,500 acres of Special Planning Area (SPA) J for development, with 398 acres designated for job generating land uses, in order to provide for a jobs/housing balance of 2 jobs per household for SPA J; and

WHEREAS, subsequently, the County amended the Urban Limit Line (ULL), and moved the majority of land in SPA J outside the Line, including large areas designated for job generating land uses, so that those areas cannot be developed, and only 481 acres were left inside the Line in SPA J; and

WHEREAS, a development has now been proposed for an active adult residential development, with commercial center, winery, and community college job generating uses proposed on the remaining SPA J acreage that is inside the Line. This project has been reviewed by the City Council Housing Committee, and SPA J Committee, which both committees have recommended approval of the proposal to the City Council; and

WHEREAS, Gruen Gruen + Associates, economic consultants have completed a telephone survey of 100 active senior households residing in the Brentwood Summerset development in May 2000, which represented a 10% sample of the total of 1,000 Summerset households in existence at the time. A 10% sample size of a population provides a 95% confidence coefficient and a +/- .01% error estimate. For the sample, 17 households had one employed member (either full or part time), and 4 had two employed persons (either full or part time) for a total of 25 employed persons per 100 households; and

WHEREAS, in Summerset, active seniors work at the rate of 25 persons per 100 households, generating a need for a jobs/housing balance of only 0.25 jobs per household. Therefore, such senior housing does not generate the same need for job generation, as does family housing that instead consists of one or two working adults per household. Documented studies have also demonstrated that senior housing generates less than half the average vehicle trips of family housing, and the City has adjusted its trip generation rates and fees to recognize that lower rate; and

WHEREAS, since SPA J has lost considerable job creating land to outside the ULL, it is appropriate that SPA J not be required to provide a 2:1 jobs/housing ratio, but rather it should meet the citywide 1.5:1 jobs/housing ratio, and since senior units only generate the need for .25 jobs per household, it is appropriate that the senior housing units job generation need of .25 jobs per household be equivalent to the family housing standard of 2 jobs per household; and

WHEREAS, Hausrath economic consultants have completed a jobs/housing analysis for the Vineyards at Marsh Creek project that concluded that there would be approximately 760 permanent jobs created by development of the employment generating uses in the project, that would equal approximately 1 job per household for the entire Vineyards project; and

WHEREAS, the Vineyards Project includes approximately 1400 senior housing units at .25 jobs per household for 351 jobs, approximately 50 multi-family housing units at 1.5 jobs per household for 75 jobs, and approximately 132 single family housing units at 1.5 jobs per household for 198 jobs, the total job goal for SPA J is 624 jobs, and the project will generate approximately 760 jobs, therefore the project will be consistent with the General Plan jobs/housing balance of 1.5:1, as amended herein; and

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood approves of the amendment to the General Plan text and Map on the subject property described below.

1. The subject property is hereby changed from the existing Ranchette Estate Residential, Very Low Density Residential, Low Density Residential, Business Park, and Urban Reserve designations to Low Density Residential, Mixed Use Business Park, Public Facility, Park and Community College designations and added to the General Plan Land Use Map as reflected in Exhibit “A”.

2. General Plan text is hereby amended as follows with deletions identified by strike-out and additions identified by underlining:

Page IV. 1-8

Policy 7.2.6 Habitat Conservation Plan: Require a Habitat Conservation Plan to be prepared and adopted prior to any General Plan Amendments in the southwest portion of the Planning Area (designated Special Planning Areas).

Page II. 1-12

2. Mixed Use Business Park (BP)

The intent and purpose of this mixed use category is to provide for integrated subclusters of businesses and research parks, large individual corporate establishments, and professional and administrative office or light industrial complexes. Selected complementary commercial activities and limited residential uses may be allowed as a secondary use. Examples of allowed uses in this category include computer software companies, medical supply companies, research laboratories, copying services, title companies, printing companies, warehousing, offices, cabinet makers, auto services, equipment repair, wholesale home furnishings, light manufacturing, retail commercial services, retail uses, and convenience stores, restaurants, wineries (and associated orchards, row crops, production facilities, packing and shipping facilities, amphitheater and related uses, and catering facilities), multi-family housing units, senior apartments, and institutional levels of congregate care.

Page II. 1-19

PLANNING PROCESS

Development within a Special Planning Area (SPA) shall occur in accordance with the following process:

Preparation of multiple specific plans or planned development zone districts for a SPA may be allowed when the City finds that this would be in the public interest due to ownership pattern, size of Planning Area, timing of development, or other similar factors. However, in no case shall a specific plan or planned development zone district contain less than fifty (50) acres or represent less than twenty-five (25%) of the developable acreage of a Planning Area.

Page II. 1-39

SPECIAL PLANNING AREA J

Background

This special planning area, approximately 5,500 acres in size, is located in the southwest corner of the Planning Area. The area is bounded by Walnut Boulevard on the east, Marsh Creek Road/Camino Diablo on the south, Deer Valley Road on the west, and the Deer Ridge and Hancock properties on the north. Approximately 4,000 acres have been conveyed to the state park system and approximately 50 percent of the SPA is located outside of the City’s Sphere of Influence.

Page II. 1-40

POLICY DIRECTION

Development shall occur in a compact urban form in order to encourage pedestrian and transit use with close proximity of housing to jobs, shopping and community facilities such as schools, parks, and day care centers. Residential development shall provide a range of densities and housing types from apartments to entry level affordable ownership units to a large executive home. Sufficient land shall be designated for employment generating uses. Commercial, retail and office facilities in this SPA shall be developed to meet the daily service needs of the residents and a Village Center mixed use business parks shall be developed in an attempt to bring the City’s Job/Housing ratio to 1.5 jobs per household. A minimum of 60% of the area inside the City Sphere of Influence shall be designated as urban reserve and a. All areas outside the City Sphere of Influence should be designated as open space. A habitat conservation plan Feasible measures shall be incorporated into development activities to identify and protect heritage trees and to reduce effects on sensitive wildlife habitat.

DESIGN OBJECTIVES

Development within the planning area shall comply with the applicable community design goals and policies in the General Plan with specific emphasis given to the following:

• Attain a Job/Housing balance at a minimum of 2.0 1.5 jobs per household within this SPA and attain 1.5 Jobs/Housing balance citywide.

Page II. 1-16 (Table 3)

GENERAL PLAN CATEGORIES AND ZONING DISTRICTS

Add “CC – Community College” under the General Plan Categories.


Page III - 1

Add “Contra Costa Community College District” under Provider.

Page III. 2-1

SETTING

Two school districts primarily serve the Brentwood Planning Area: Brentwood Union (k-8) and Liberty Union (9-12). Knightson Union, Oakley Union and Byron Union School Districts serve limited portions of the Planning Area. The two primary districts operate four schools in the Planning Area: three elementary, one middle and one high. A new middle school and a new high school are projected for 1994 2005/2006. The City of Brentwood collects school impact fees on behalf of the two districts. A Contra Costa Community College District (CCCCD) site was also recently annexed into the southern portion of the City of Brentwood. An existing CCCCD facility exists in the City of Brentwood. However, the CCCCD may look at the recently annexed site in the southern Brentwood as a site to relocate their existing Brentwood facility.

The proposed General Plan Land Use Map Summary is as follows:

L Low Density Residential 391.50 acres
BP Business Park 71 acres
PF Public Facility 11 acres

TOTAL 473.5 acres

Other Land Use Summary

PF PG&E Gas Terminal 13.36 acres
P John Marsh House Park 45.64 acres
CC Community College 29.12 acres
Other State of California land___________ 20.79 acres

State Route 4 Bypass 22.86 acres
CCWD 7.04 acres
Concord Avenue and Marsh Creek Road 11.59 acres

TOTAL 623.92 acres

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 13th day of April, 2004, and introduced with the second reading waived at a regular meeting of the Brentwood City Council on the 27th day of April, 2004 by the following vote:

Exhibit:
PD-64 Development Standards
EXHIBIT “A”

CHAPTER 17.521
PD-64 (PLANNED DEVELOPMENT) ZONE

VINEYARDS AT MARSH CREEK

17.521.001 AUTHORITY, PURPOSE AND INTENT

17.521.002 SUBAREA A
PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS, (LOW DENSITY RESIDENTIAL AREA WITH ACTIVE ADULT NEIGHBORHOODS, EXECUTIVE NEIGHBORHOODS, A RECREATION CENTER, A WATER TANK SITE, STORM DRAINAGE BASINS, PARKS AND ASSOCIATED OPEN SPACE)

17.521.003 SUBAREA B
PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS, (MIXED USE BUSINESS PARK WINERY, AMPHITHEATER AND ASSOCIATED USES)

17.521.004 SUBAREA C
PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS, (MIXED USE BUSINESS PARK VILLAGE CENTER WITH COMMERCIAL, OFFICE, PARKS, SENIOR AND OTHER MULTI-FAMILY RESIDENTIAL)

17.521.005 SUBAREA D
PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS, (PG&E SITE)

17.521.006 SUBAREA E
PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS, (JOHN MARSH HOUSE STATE PARK SITE)

17.521.007 SUBAREA F
PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS, (COMMUNITY COLLEGE SITE)

17.521.008 OTHER REGULATIONS

17.521.009 EXCEPTIONS




17.521.001 AUTHORITY, PURPOSE AND INTENT:

The authority, purpose and intent for the adoption of the PD-64 (Planned Development 64) Zone are as follows:

A. AUTHORITY: PD-64 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-64 Zone is to permit and regulate the orderly development of the area shown as Exhibit “A” in accordance with the Brentwood General Plan for up to 1,100 Active Adult Single-Family Residential Units; up to 150 Executive Single-Family Residential Units; a Recreation Center; a Winery with Amphitheater and associated uses; a Village Center with civic, commercial, office, hotel lodging (B&B) senior and other Multi-Family Residential units; a water tank and pump stations; two Water Quality/Detention Basins; and associated parks, open space and landscape parcels. In addition, this PD includes three additional areas (the PG&E site, the John Marsh House State Park Site, and a future Community College Site) that will be defined as applicable at a later date when projects are developed. The PD-64 area then 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 describe the project “The Vineyards at Marsh Creek” which will provide private distinguished neighborhoods among an agriculturally-themed landscape of vineyards and olive groves. The overall architectural style will be Tuscan, French Spanish – Mediterranean – with it’s historical roots in the villas and villages of the inland Coastal Spain, the Balearic Islands and the French and Italian Mediterranean regions of Provence and Tuscany. This palette will expand to include other wine regions such as Bordeaux and Rhone areas of France as well as the more California Craftsman pallette of our own Napa Valley in the Custom Estate home area. The Residential components include single-story Active Adult Single Family homes with a central Recreation Center. The active adult neighborhoods will be of a density similar to the existing Summerset Development north of the site, including golf cart accessibility even though they do not back onto a golf course. In addition, there will be up to two private Executive Single-Family Neighborhoods located in close proximity to the Winery and open space. The executive homes architectural style has a more craftsman interpretation of the Mediterranean style than that of the active adult area. The Winery is intended to become a distinguishing focal point for the City as a whole, and the Village Center is intended to serve the needs of the surrounding community, and not compete with downtown commercial activities. All uses will be in conformance with the adopted General Plan with Amendments.

17.521.002 PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A

(LOW DENSITY RESIDENTIAL AREA WITH ACTIVE ADULT NEIGHBORHOODS, EXECUTIVE NEIGHBORHOODS, A RECREATION CENTER, A WATER TANK AND PUMP STATIONS, STORM DRAINAGE BASINS, PARKS AND ASSOCIATED OPEN SPACE)



A) Permitted Uses:

1. Single-family single-story detached for age-restricted occupancy.
2. Duet units for age-restricted occupancy.
3. Single-family detached homes for non-age-restricted occupancy.
4. Single Family uses not exceeding a density of 5.0 dwelling units per gross acre.
5. Accessory facilities or buildings related to the primary use subject to Chapter 17.660
6. Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840.
7. The keeping of domestic animals or pets subject to Chapter 17.670.
8. Model home sales facilities;
9. Recreation Center and related facilities including clubhouse, tennis courts, swimming pools, maintenance structures and related recreation facilities;
10. Homeowners' association recreation buildings, tennis courts, swimming pools, gatehouses, other common-use facilities and open area;
11. Water Tank, pump stations and associated structures;
12. Detention Basin, Water Quality Basin and associated structures;
13. Agricultural Planting Areas with vineyards and olive groves, maintenance and related structures;
14. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.
15. Parks, playgrounds, and recreational trail.
16. Other uses determined by the Community Development department to be similar to and compatible with the preceding permitted uses.

B) Conditionally Permitted Uses:

1. Uses ancillary to a recreation center, which will serve persons other than residents of the active adult community, such as a restaurant or bar;
2. Other uses determined by the community development department to be similar to the ancillary use.

C) General Development Standards:

1. Maximum Number of Units and Minimum Lot Area.
a. Maximum Active Adult Units. A maximum of one thousand one hundred single story active adult single family dwelling units and duets shall be permitted within the lands of SubArea A;
b. Maximum Executive Units. A maximum of one hundred fifty single family dwelling units shall be permitted within the lands of SubArea A;
c. Recreation Center. One community center which may have a distinguishing tower that exceeds 35 ft. in height, is allowed on a centrally located approximately 9-acre site.
d. Lot Area. Minimum lot area shall be 4,000 square feet for active adult single-family lots, 2,500 square feet for active adult duet lots, and 9,000 square feet for executive single-family lots; A variety of lot sizes, larger than the minimums, shall be included to provide a variety of housing products and yard conditions.
e. Setbacks, Height and Parking. Each yard setback below shall be measured from its respective property line, regardless of guest parking bays, except that measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter 17.660, Encroachments Into Required Yards.

The Vineyards at Marsh Creek
Setback Criteria & Lot Coverage

Active Adult Residential
Duet Lot 48'x97' Lot 58'x97' Lot 72'-75'x97' Lot
Minimum Frontage on a Curve/Culdesac or Knuckle 18' 35’ 35’ 35’
A. Minimum Front Yard
1. To a garage door of a front-entry garage 18’ 18’ 18’ 18’
2. To a wall of a side entry garage 12’ 12’ 12’ 12’
3. To a wall of a habitable room 12’ 12’ 12’ 12’

B. Minimum Side Yard Adjoining a Street 10’ 10’ 10’ 10’

C. Minimum Side Yard at an Interior Lot Line
1. To a wall of a garage 0 / 5’ 5' 5' 5'
2. To a wall of a habitable room 0 / 5’ 5' 5' 5'
3. To landscape structures not exceeding 6' in height 3’ 3' 3' 3'
4. Aggregate, both side yards at garage 5’ 10' 10' 10'
5. Aggregate, both side yards at non-garage 5’ 10' 10' 10'
6. Aggregate, both side yards at landscape walls 3’ 6' 6' 6'

D. Minimum Rear Yard 8' minimum with a 15' average 8' minimum with a 15' average 8' minimum with a 15' average
E. Minimum Off Street Parking Spaces
1. In a garage 2 2 2 2
2. In a driveway 2 2 2 2

F. Maximum Building Height 35’ 35' 35' 35'

G. Lot Coverage
(Note: all plans are single story) sq. ft. % Coverage % Coverage % Coverage
Plan 1 1737 37.31
Plan 2 2135 45.85
Plan 3 2221 47.70
Plan 4 2357 41.89
Plan 5 2515 44.70
Plan 6 2664 47.4
Plan 7 2966 40.77
Plan 8 3003 41.29
Plan 9 3189 43.79


Executive Single Family Residential
9,000 SF Lot 13,000 SF Lot
Minimum 9,000 SF Minimum 13,000 SF
Average 11,500SF Average 17,000SF
(Min 70’x110’) (Min 75’x110’)
Minimum Frontage on a Curve/Culdesac or Knuckle 35’ 35’
A. Minimum Front Yard
1. To a garage door of a front-entry garage 20' 20'
2. To a wall of a side entry garage 15 ' 15'
3. To a wall of a habitable room 15' 15'

B. Minimum Side Yard Adjoining a Street 10' 15'

C. Minimum Side Yard at an Interior Lot Line
1. Minimum /Aggregate setbacks 5/15 10/20

D. Minimum Rear Yard 15'first floor
20' second floor
Lots backing onto Fairview:20'first floor 25' second floor other lots 25'
E. Minimum Off Street Parking Spaces
1. In a garage 3 3
2. In a driveway 2 2
3. Total off street 5 5
F. Maximum Building Height 35' 35'

G. Lot Coverage
% Coverage % Coverage
1. Single story 45 45
2. 2-story 40 40

D) Construction Standards for Active Adult and Executive Housing.
1. Variety in Building Mass. Variety in building mass shall be accomplished by:
a. Inclusion in the floor plans available for purchase, varying front facade design, such as side-entry garages and varying the entryway location and design;
b. Avoidance of using of a single façade design more than twice in any group of contiguous homes;
c. Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alters the visual mass of a floor plan;
d. Executive single family homes that back up onto Fairview shall have one story profiles. This is defined by having a minimum of a 5' horizontal setback between the first and second floors, having a single story component for at least 80 % of the length of the rear elevation. See exhibit “C” for lot locations and example profiles.
e. At the time site design and development review of multiple floor plans, incorporating design variations such as those described above, shall be submitted.

E) Additional Residential Design Items
1. Design Review. Design review shall be required as follows:
a. Residential Buildings. Design and site development review shall be required pursuant to Chapter 17.820. The architectural style has a palette of cut and rustic stone with hues of rose, buff, and ochre, ornamental carved or cast stone, terra cotta colored clay or concrete roof tile, awning shutters, detailed ironwork, and plants in terra cotta pots. Residential units have been organized for “street presence” with several models possessing gathering and semi-private terraces on the street side of the property. Identifying features may consist of:
i. Roofs are typically “S” and barrel concrete or clay tiles at a low pitch
ii. Doors and windows are generally recessed into thick walls
iii. Accents may include tile surround, metal railings, shutters and awnings
iv. Use of columns, window and door surrounds

b. Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to the plans approved by the Planning Commission. Individual lot landscaping includes a lawn area and a palette of groundcovers and smaller trees in the front and side yards with a mix of shrubs flowering groundcovers, and grasses to provide moderate privacy screening and seasonal interest. Where lot size permits, gardens will be anchored by larger shade trees. Trellises or patio trees that shade courtyards off of living spaces are encouraged. Trellises and walls may be covered with climbing landscaping. Walls are generally stucco, smooth and in earth tone colors. Gatehouses will reflect the residential architecture and incorporate community monumentation.

c. Public and Common Open Space. As part of the aesthetic productive landscape, grapes and olives will be cultivated wherever possible. In larger open-space production areas, grapes will be grown in rows spaced to allow mechanical harvesting. However, in some areas where aesthetics are equally important such as the rows flanking Fairview Avenue, the rows may have to be spaced more tightly and thus harvested by hand. Olive orchards can be located on slopes that are steeper than 3:1. Harvest will be by hand or mechanical means, depending on orchard access.

Since the agricultural components are part of a true working landscape, access within the vineyards and orchards will be restricted to those who are growing the grapes and olives. Limited pedestrian and service vehicular access only will be allowed where possible in designated areas.
d. Recreation Facilities and Conditional Use Permit Uses. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:
i. Recreation Center buildings and accompanying outdoor facilities such as pools;
a. Design elements may include stone accents and a distinguishing tower. Large view oriented spaces will be designed as lightly scaled trellis or outdoor loggia elements (though glass enclosed) attached to the more traditional mass of this architectural character.
ii. Buildings for which approval of a conditional use permit by the planning commission is required. (Ord. 552 § 3 (Exh. A (part)), 1995)

F) Roadway Items
1. Fairview Avenue: Public 140’ Right of way, including two to four travel lanes, turn lanes at intersections, bike lanes, with no parking allowed. Landscaping to allow vineyards and olive groves in addition to traditional street trees and groundcover. Public 8-foot multi use path located on each side of Fairview.
2. Local Spine Streets: Private 35’ Right of way, including two travel lanes and no parking allowed except for in designated guest parking stalls. One side only 5-feet of traditional landscaping between a separated 4’ sidewalk and the curb. 10-foot PUE, that overlaps the right-of-way by 6-inches located each side of the roadway.
3. Local Streets: Private 30’ Right of way, including two travel lanes and no parking allowed except for in designated guest parking stalls. One side only 4.5-foot curb adjacent sidewalk. 10-foot PUE, that overlaps the right-of-way by 6-inches located each side of the roadway.

17.521.003 PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B

(MIXED USE BUSINESS PARK WINERY, AMPHITHEATER AND ASSOCIATED USES)

A) Permitted Uses.
1. Winery including tasting rooms, storage, production and General commercial retail and service businesses which are ancillary to the primary winery uses.
2. Amphitheater that hosts events with dancing and/or live entertainment and amplified sound;
3. Parks, playgrounds, and recreational trail;
4. Accessory facilities including kitchens, –lodging for VIP guests and performers, offices and parking lots or buildings related to the primary use subject to Chapter 17.660;
5. Up to 4 single-family homes on quarter-acre lots;
6. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850;

B) Conditionally Permitted Uses:
1. Tasting Room and Stores which sell beer and /or wine (packaged goods off-sale);
2. Neighborhood bar and/or restaurant which serves or sells alcoholic beverages;
3. Outdoor sales or display;
4. Temporary and Interim Uses: The following uses may be permitted as a temporary interim use. The CUP will establish the timeframe for these activities:
a. Nursery;
b. Produce market;
c. Auction gallery;
d. Flea market;
e. Craft and art fairs;

C) General Development Standards
1. Setbacks, Height and Parking. Each yard setback below shall be measured from its respective property line, except that measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter 17.660, Encroachments Into Required Yards.
1. Front Yard Setback: ten feet from curb line or parking bay, 5’ from property line
2. Side Yard Setback: Zero lot line, minimum
3. Rear Yard Setback: 5’ from property line
4. Maximum Height: 45’ or three stories
5. Parking: Per Code, with shared parking allowed.

2. Design Standards. The site is characterized as a sloping site overlooking the historic John Marsh Home and the new Fairview Avenue, intended for a winery. The winery complex may be a collection of major buildings plus several secondary buildings and set in the midst of vineyards and olive trees. The architecture can vary from California Mission Style to the Vineyards at Marsh Creek Mediterranean style, featuring tiled roofs and arched arcades. A turf amphitheater will provide a venue for concerts.

Winery Buildings for production, storage and shipping may total over 80,000 square feet. A public events building provides for conferences, weddings, tasting events and retail sales. Picnicking areas may be included in the landscaping, and winery tours may be offered.

The vineyards and landscaping may extend into the public right-of-ways and common spaces between new residential areas. Pedestrian and golf cart paths may link the residential areas to the winery. Parking for concerts (300+ spaces) and employees / visitors (80+ spaces) should be onsite or planned in a shared parking arrangement with nearby uses (i.e.: village center; Community College etc.).

The winery site may provide a site for cultural, social and entertainment events for the community. The vineyards and winery operation represent not only a cultural amenity in the community, but also an appropriate, credible link to the agricultural heritage of the City of Brentwood.


17.521.004 PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C

SUBAREA C, (MIXED USE BUSINESS PARK VILLAGE CENTER WITH COMMERCIAL, OFFICE, PARKS, SENIOR AND OTHER MULTI-FAMILY RESIDENTIAL)

The Village Center is proposed along Fairview Avenue to maximize the potential synergies between commercial and recreational uses, and allowing Fairview Avenue to serve as a central spine for a variety of public uses including a lodging facility, the Winery and associated event facilities such as the amphitheater, the John Marsh House, retail and office space, the Village Green, and the proposed future site of the Contra Costa Community College Campus.

Based upon Public Workshops held from April to July 2003, the uses allowed in PD-64 could include the following:

Marsh Creek Village Center Program
Retail Total

ATM
Bank Branch
Barber shop
Bookstore / Music
Casual Dining
Coffee shop / newsstand
Convenience store
Deli / ice cream
Dry Cleaner Outlet
Gifts / Cards
Mailboxes Etc.
Miscellaneous Retail
Pharmacy
Small Grocery
Retail Subtotal 60150

Civic

Community Multi purpose
John Marsh House Storefront
Interfaith Center
Fire station
Library
Civic Subtotal 10000

Office

Brokerage / Finance
General Office
Insurance
Medical
Office Suites
Real Estate Office
Office Subtotal 30000

Hotel

Public space
Restaurant

Rooms
Spa/ Beauty
Hotel Subtotal 115000

Winery

Production / Cooperage 80000
Tasting / Sales Facilities 32000
Winery Subtotal 112000

Institutional

Assisted Living 200000

MF Residential

Market rate / senior
rentals 200 units 200000
Senior rentals 150 units 150000
Residential Subtotal 350000

A) Permitted Uses: MIXED USE BUSINESS PARK/COMMERCIAL/OFFICE USES
1. Retail sales or rentals of new merchandise or service such as:
2. Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor
3. Clothing Stores
4. Pharmacies / Drug Stores
5. Small Grocery stores (20,000 sq. ft. maximum floor area), delicatessens, bakeries or pastry shop
6. Hardware stores
7. Stores which sell alcoholic beverages (packaged goods off-sale)
8. Restaurants, including those which sell or serve alcoholic beverages and provide outdoor use of designated seating areas..
9. Bookstores and video stores, provided more than fifty percent (50%) of the displayed inventory or stock on hand, at any time is not adult oriented as defined and regulated by the City of Brentwood Zoning ordinance.
10. Florist
11. Stationary Store / Gift Shop
12. Printing or copying stores
13. Office Supply store;
14. Sales of personal or financial services such as:
15. Barber shops and beauty parlors
16. Banks and savings and loans with drive through & ATM
17. Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair
18. Professional offices
19. Nurseries and pre-schools
20. Studios and instructional facilities, such as dance studios, music studios, or similar establishments;
21. Public and quasi public uses, such as government office, library, employment office, utility offices, and similar uses;
22. Professional and business offices including medical offices; General commercial retail and service businesses which are ancillary to the primary medical uses, limited to ten percent of the total building area on any parcel;
23. Veterinary clinic;
24. Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted use, such uses may include a parking lot;
25. Hotel, motel;
26. Health/fitness center;
27. Parks, playgrounds, and recreational trail;
28. Rooming and Boarding Subject to Section 17.650.003;
29. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850.
30. Finished product assembly such as computer assembly, bookbinding, garment manufacture.
31. Commercial or retail uses that may or may not manufacture their primary product on the premises such as drapery shop, upholstery shop, carpet sales, spa sales, satellite dish sales and furniture sales provided that there is no outdoor storage.

B) Permitted Uses: RESIDENTIAL USES
1. Multi-Family dwelling units in a complex form not exceeding a density of 40.0 dwelling units per gross acre and a 4 story maximum;
2. Multi-Family Age-Restricted dwelling units in a complex form not exceeding a density of 40.0 dwelling units per gross acre and a 4 story maximum;
3. Convalescent hospitals, large residential care facilities, including residential, congregate residential and convalescent care; facilities for the care of the sick or elderly, health club or recreational club, dining room, entertainment area, library, art and craft room and private dining room, full service main kitchen and laundry areas;
4. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
5. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850;
6. Home Occupation subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840;
7. The keeping of domestic animals or pets subject to Chapter 17.670;
8. Swimming and related facilities serving the residents, including pools and pool equipment, shade structures, restrooms, shower areas, changing areas, aquatic apparatus, meeting rooms, facility staff offices, and vending machines.
9. Similar uses subject to the approval of the Zoning Administrator.

C) Conditionally Permitted Uses:
1. Stores which sell beer and /or wine (packaged goods off-sale);
2. Neighborhood bar and/or restaurant which serves or sell alcoholic beverages.
3. Outdoor sales or display;
4. Parking lot and/or parking structures constructed at an elevation more than thirty-six (36) inches above or below the elevation of the top of the nearest street curb;
5. Tasting Rooms or boutique wineries;
6. Temporary and Interim Uses: The following uses may be permitted as a temporary interim use. The CUP will establish the timeframe for these activities:
a. Nursery;
b. Produce market;
c. Auction gallery;
d. Flea market;
e. Craft and art fairs;
7. Churches and religious institutions and parochial or private schools.
8. Other similar uses as determined by the Community Development Director. (Ord. 676 § 7(B) (part), 2001)

D) General Development Standards:
1. Maximum Number of Units and Minimum Lot Area.
a. Senior Apartments. A maximum of three hundred and fifty senior apartments, of which 200 may be market rate, shall be permitted within the lands of SubArea C;
b. Institutional. A maximum of two hundred thousand square feet of institutional room space shall be permitted within the lands of SubArea C.
c. Should a development or ownership approach be proposed where lots are
d. Setbacks, Height and Parking. Each yard setback below shall be measured from its respective property line, except that measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter 17.660, Encroachments Into Required Yards.
1. Front Yard Setback: Per UBC
2. Side Yard Setback: Per UBC
3. Rear Yard Setback: Per UBC
4. Maximum Height: 50’ or four stories’
5. Parking: Per Code, or as approved with a shared parking plan.
2. Architecture
Given the prominence adjacent to Fairview Avenue and serving as the southern entry to the Vineyards at Marsh Creek, the mixed-use village center will play a major role in establishing the overall image of the local community. This village center is envisioned as a place for social gathering, and conducting personal and community related business in a pedestrian friendly atmosphere and within walking, biking or golf-carting distance from residential neighborhoods.

In order to create mixed-use areas that are aesthetically pleasing, functionally planned and uniquely identifiable, the design should incorporate measures to provide transitions in scale and land use. By establishing unifying elements such as access, landscaping, signing and building materials and colors, these areas will be integrated with the other land use components of the Vineyards at Marsh Creek community.

Individual Tenants' buildings are encouraged to use originality and creativity in interpreting the preferred vocabulary and criteria of the Mediterranean architectural style. The intent is not to create mirror image buildings. However, buildings shall be compatible in massing, form, color, and materials to achieve a sense of architectural continuity.

The recommended residential architectural style is:

• Tuscan, French, Spanish - Mediterranean which may incorporate the covered colonnades and loggias typical of those surrounding a Mediterranean village plaza.

This vocabulary has its historical roots in the villas and villages of the inland Coastal Spain, the Balearic Islands and the French and Italian Mediterranean regions of Provence and Tuscany and has a palette of cut and rustic stone and plaster with hues of rose, buff and ochre, ornamental carved or cast stone, terra cotta colored roof tile, awning shutters, detailed iron work, and plants potted in terra cotta. Identifying features may consist of:
• Walls are generally stucco, smooth and in earth tone colors, complimented by stone accents or stone architectural elements (towers, entries etc.)
• Roofs are typically ‘S’ and barrel tiles at low pitch’s
• Doors and windows are generally recessed into thick walls
• Accents include tile surround, metal railings, shutters and awnings
• Use of cast columns and window and door surrounds

3. Landscape
Transitioning from the agrarian-oriented open spaces of the rest of the development, the streets in the commercial core will retain similar plant material but organize it in a more urban context. The street trees that line Fairview Avenue will continue into the streetscape of the village center, tying this area to the main thoroughfare. Sidewalks and parking areas will be shaded by the street trees, set into designated planting areas within the paving. These planting areas at the bases of the trees and in traffic islands will also reflect the palette chosen for the entryways into the various neighborhoods off of Fairview Avenue. Flowering areas will provide seasonal interest. Climbing landscaping may be introduced where possible to cover walls and other architectural structures. Benches, seatwalls and other street furniture in keeping with the architectural style of the buildings may be located throughout the commercial area.

Designated park areas within the village center core will provide opportunities for informal gathering and more organized events. The central open space area will function as the “village green” and will offer both paved areas and expanses of lawn.

17.521.005 PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D

(PG&E SITE)

A) Permitted Uses: PG&E Brentwood Facility and related uses.

B) Conditionally Permitted Uses: None.

C) General Development Standards:
1. To be defined at a later date as applicable, when plan is proposed.

17.521.006 PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA E

(JOHN MARSH HOUSE STATE PARK SITE):

A) Permitted Uses: John Marsh House State Park and related uses.

B) Conditionally Permitted Uses: To be defined at a later date as applicable, when plan is proposed.

C) Development Standards: To be defined at a later date as applicable, when plan is proposed.

17.521.007 PERMITTED & CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA F

(COMMUNITY COLLEGE SITE)

A) Permitted Uses: Contra Costa Community College District Education Center and related uses.

B) Conditionally Permitted Uses: To be defined at a later date as applicable, when plan is proposed.

C) Development Standards: To be defined at a later date as applicable, when plan is proposed.

17.521.008 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) The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.

C) Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660.

D) Signs subject to Chapter 17.640. (Ord. 560 § 4 (part),1995; Ord. 408 (part), 1987)
E) 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 Community Development Department.
F) Allowable projections into yard setbacks shall be set forth in Section 17.6360.005 of Chapter 17.660, Encroachments into Required Yards.

17.521.009 EXCEPTIONS:

A) Exception to Zoning Regulations. The community development department may permit exceptions to the regulations of this chapter an the remainder Title 17 upon finding that granting of the exception will constitute an insignificant deviation from the land uses, activities and construction otherwise resulting from strict application of the regulations of this chapter. This exception specifically includes:

1. One pylon / monument sign adjacent to Hwy 4 on a smaller parcel and at a maximum height no greater than the maximum building height specified in the sub area.
2. Tower Elements in Subarea A, B and C at a maximum height no greater than the maximum building height specified in the sub area
3. Density in Sub Area C at 40 du/acre and a 4 story maximum height.

B) Exception to Engineering Standards. The City engineer may permit exceptions to adopted city engineering standards in the City’s Title 17, Subdivision and Land Department Ordinance, the engineering design standards, the standard drawings upon finding that granting the exception will constitute an insignificant deviation from the land uses, activities and construction otherwise resulting from strict application of the regulations of this chapter.

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF BRENTWOOD CITY COUNCIL APPROVING THE DEVELOPMENT AGREEMENT FOR THE VINEYARDS AT MARSH CREEK PROJECT, GENERALLY LOCATED AT THE CURRENT TERMINUS OF FAIRVIEW AVENUE AND CONCORD AVENUE, WEST OF MARSH CREEK ROAD, EAST AND NORTH OF THE PIONEER STATE PARK ON A PORTION OF THE FORMER COWELL RANCH, TENTATIVE SUBDIVISION MAP NO. 8796.

WHEREAS, the Vineyards at Marsh Creek, LLC., has submitted an application for development approval of the site plan for the Project, which would generally include residential, commercial, office, winery, amphitheater, recreational center, small lodge facility, community college, parks, and open space; and

WHEREAS, the Applicant in order to implement its proposed plan has applied for approval of Planned Development Zone Sixty-Four (PD-64) with development standards, a Tentative Subdivision Map, a Development Agreement, a General Plan Amendment, a Pre-zone and a Design Review; and

WHEREAS, on March 16, 2004, the Planning Commission adopted Resolutions 04-17, 04-18, 04-19, 04-20 and 04-21, certifying the EIR; recommending to the City Council approval of General Plan Amendment 02-03, approval of Pre-zone 02-13, and approval of Development Agreement 04-01 for the project; and approving TSM 8796 and Design Review 04-03; and

WHEREAS, the Planning Commission certified the Environmental Impact Report for the Project on March 16, 2004 by approving Resolution No. 04-17; and

WHEREAS, the Applicant in order to implement its proposed plan has applied for a Development Agreement approval; and

WHEREAS, a legal notice of the Public Hearing on April 13, 2004, was advertised in the Ledger Dispatch pursuant to Government Code Section 65091; and

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

A. An EIR has been prepared and certified by the City’s Planning Commission pursuant to Resolution No. 04-17, on March 16, 2004 in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood. The City Council further finds that the project is within the scope of the development levels evaluated in the EIR, as certified by the Planning Commission by Resolution No. 04-17, and the City Council hereby incorporates Planning Commission Resolution No. 04-17 by reference; and

B. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the City General Plan as it provides for the much needed public infrastructure, right of way, funding for public facilities, and the creation of new jobs plus much needed commercial facilities.

C. The development agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole, as it carries out the land use and zoning designations approved for the Property.

D. The development agreement will not adversely affect the orderly development of property or the preservation of property values as it is the intention of the development agreement to implement the existing land use and zoning designations for the Property as suggested in the General Plan update process.

E. City Council further finds that the proposed development agreement is consistent with Government Code section 65864 because the development agreement increases the certainty of the approvals for development that could, if not provided, result in waste of resources, escalate the cost of housing, and discourage investment in and commitment to comprehensive planning; and provides assurance to the applicant /developer that upon approval of the project, the applicant can proceed with the project in accordance with existing policies, rules, and regulations, which strengthens the planning processes and reduces the economic costs of development.

F. City Council finds that one of the primary reasons for development agreement legislation is where the lack of public facilities, such as in the area of the former Cowell Ranch that the project is located in, is a serious impediment to the development of new housing, commercial development, and job creation, plus providing such amenities as land for city owned amphitheater, a winery site, and the preservation/expansion of agricultural uses.

G. The contents of Government Code Sections 65864 through 65869.5, including the periodic review, contents of the agreement, and its enforcement, are covered by the City’s Development Agreement ordinance [Chapter 17.810] and in the development agreement.

BE IT FURTHER RESOLVED that the City of Brentwood City Council does hereby take the following action:

Approves the Development Agreement (DA 04-01), attached hereto and made a part of this ordinance.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 13th day of April, 2004, and introduced with the second reading waived at a regular meeting of the Brentwood City Council on the 27th day of April, 2004 by the following vote:
 

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