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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: September 28, 2004

Subject/Title: A General Plan Amendment and Rezone for a 26+/- acre site, located at the northwest corner of Balfour Road and the State Route 4 Bypass

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Economic Development Director

RECOMMENDATION
1. Pass a Resolution approving the Mitigated Negative Declaration and the General Plan Amendment.
2. Introduce and waive the first reading of an Ordinance approving the Rezone.

PREVIOUS ACTION
On November 27, 2001, the City Council approved a Rezone from PD-15 to R-3 as part of the General Plan Update.

BACKGROUND
At its regular meeting of September 7, 2004, the Planning Commission (on a 3-1 vote with one abstention) recommended that the Council approve General Plan Amendment (GPA) 03-03 and Rezone (RZ) 03-14, by passing Resolution No. 04-54. At that same meeting, the Commission passed four other resolutions, approving a variety of entitlements for the 26+/- acre project site, including a Tentative Subdivision Map and Design Review for 90 single-family residential lots, a Design Review for a 120-unit senior apartment complex, a Conditional Use Permit for a Chevron station and a Conditional Use permit for a McDonald’s restaurant.

The site is bounded on the north by existing single-family homes in the Shadow Lakes community, on the east by the State Route 4 Bypass, on the south by Balfour Road, and on the west by existing single-family homes in the Shadow Lakes community, Fire Station 52 and an approved office project that is currently under construction. Grading and improvements have been in process on the project site since August of 2003 and are nearly complete, including Balfour Road and the project entrance road (Balfour Way), as well as storm drain, sewer and water trunk lines, in accordance with the conditions of approval for a parcel map that was previously approved by the Commission.

The residential portion of the project is not subject to the RGMP, in accordance with the Settlement and Development Agreement between the applicant and the City, entered into on June 26, 2001. The proposed General Plan designations provide for a density range between 5.1 and 11.0 dwelling units per gross acre (mid-range of 8.0 for the Medium Density site) and 20.1 and 30.0 dwelling units per gross acre (mid-range of 25.0 for the Very High Density site). The applicant is proposing a density slightly above the mid-range for the Medium Density site, at 8.18 du/ac, which equates to an additional 2 dwelling units. The applicant is proposing a density right at the mid-range for the Very High Density site, at 25 du/ac.

The Vineyards at Marsh Creek Development Agreement approved 1,488 market rate residential units. The interim phase-in period for the City's Affordable Housing Ordinance required 5%, or 75 units, to be affordable units. The Vineyards at Marsh Creek Development Agreement provides for 304 affordable units which would provide 20% affordable units, instead of the 5%. The affordable housing requirements for the Cox property has already been met through the Vineyards at Marsh Creek Development Agreement and that is why the Cox property has no affordable units. City negotiated to secure the extra affordable units on the Vineyards at Marsh Creek project and the associated development agreement includes the Cox property as part of the consideration for the extra affordable units on Vineyards project.

Based on the environmental Initial Study prepared for this project, a Mitigated Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). A copy of this document is available for the Council's review in the City Clerk's reading file as well as in the Community Development Department.

The General Plan designates the project site for High Density Residential development on the northern 11.38 acres and General Commercial development on the southern 15 acres. The applicant is proposing to amend those designations based on the submitted project plans. Essentially, the request is to amend the High Density Residential designation to Medium Density Residential in order to accommodate 90 single-family detached homes on the northern 11 acres of the project site. In addition, the applicant is requesting to amend the northern 4.8 acres of the General Commercial designation to Very High Density Residential in order to accommodate a 120-unit senior apartment complex in the center of the project site.

The project site is currently zoned a mix of PD-18 and R-3, corresponding with the General Plan designations of General Commercial and High Density Residential, respectively. The applicant is proposing to rezone the site to PD-67 with the establishment of development standards, and in the process create six Sub Areas (A through F). The Sub Areas will be as follows:

• Sub Area A – 3.4 acres in the southwest corner of the site for future commercial uses
• Sub Area B – 1.2 acres on the north side of Balfour Road and on the east side of the entry road for an approximate 5,000 square foot drive-thru McDonald’s restaurant
• Sub Area C – 1.2 acres on the north side of Balfour Road and on the west side of the Bypass for a Chevron station consisting of six pumps, an approximate 3,000 square foot convenience store and a drive-thru car wash
• Sub Area D – 2.4 acres directly north of Sub Areas B and C for future commercial uses
• Sub Area E – 4.8 acres directly north of Sub Area D for a 120-unit senior apartment complex
• Sub Area F – 11 acres directly north of Sub Area E for 90 single-family detached homes

Staff and the Commission have reviewed the development standards submitted by the applicant, which include Architectural Design Guidelines to ensure that the proposed Tuscan theme is maintained throughout the project site. The creation of the Sub Areas is logical based on the mixed-use development that is proposed, with the Sub Area boundaries clearly delineated not only by land use but by property lines as well.

FISCAL IMPACT
The project developer is required to pay all relevant fees as specified in the conditions of approval for the project. The project, once developed, would generate additional jobs, sales tax and property tax for the City. The project will also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with the project.

Attachments
Resolution
Ordinance

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A GENERAL PLAN AMENDMENT (GPA 03-03) ON 26+/- ACRES FROM HIGH DENSITY RESIDENTIAL AND GENERAL COMMERCIAL TO VERY HIGH DENSITY RESIDENTIAL, MEDIUM DENSITY RESIDENTIAL AND GENERAL COMMERCIAL, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED AT THE NORTHWEST CORNER OF BALFOUR ROAD AND THE STATE ROUTE 4 BYPASS (APN'S 019-150-053, -072 AND -077 THROUGH -081).

WHEREAS, Blackhawk-Nunn Active Adult Communities of Brentwood, L.P. and Balfour Properties, LLC has requested approval of a General Plan Amendment and Rezone on approximately 26 gross acres located at the northwest corner of Balfour Road and the State Route 4 Bypass, in order to facilitate development of the “Cox Property” (TSM 8781, CUP 04-10, CUP 04-11, DR 03-26 and DR 03-27); and

WHEREAS, the applicant is requesting a General Plan Amendment from 11.38 acres of High Density Residential and 15 acres of General Commercial to 4.8 acres of Very High Density Residential, 11 acres of Medium Density Residential and 10.58 acres of General Commercial; and

WHEREAS, the applicant is concurrently requesting a Rezone from PD-18 and R-3 to PD-67 with the establishment of development standards for a mixed-use development allowing very high density and medium density residential uses on the northern approximately 16 acres and commercial uses on the southern approximately 10 acres; and

WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared for this project in accordance with the California Environmental Quality Act (CEQA) and are considered a part of this review and approval process; and

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

WHEREAS, the availability of said environmental document for the minimum 30-day public review and comment period was begun on July 23, 2004, and ended on August 23, 2004, and no significant comments were received during the review period; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood News on July 23, 2004, and again on September 17, 2004, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on this project at its regular meeting of September 7, 2004, and passed Resolution No. 04-54 recommending approval of the General Plan Amendment and Rezone; and

WHEREAS, the City Council held a public hearing on the proposed General Plan Amendment and Rezone on September 28, 2004, for the purpose of reviewing the application, considering the Planning Commission's action and considering all comments made by the public with respect to the requests; 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 Planning Commission recommendation, the presentation by City staff, the staff report, and all other pertinent goals, policies, regulations, and documents regarding the proposed General Plan Amendment; and

WHEREAS, the City Council has considered the staff report, Mitigated Negative Declaration, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project and finds that:

1. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

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

3. The project will generate a level of traffic that can be accommodated by the public circulation system, existing or planned; and

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

5. The development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City, and will be consistent with the General Plan and Zoning Ordinance, including all relevant Elements thereof, and with any applicable Specific Plan adopted by the City.

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

1. That the Mitigated Negative Declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

2. Pursuant to Sections 15162 and 15168(c) of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the Program EIR prepared for the City of Brentwood General Plan. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on this evidence and the Mitigated Negative Declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR or after project-specific mitigation measures are applied. The Mitigated Negative Declaration applies all applicable mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the General Plan are adequate for all approvals relating to the project; and

3. 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 has been presented to the City that would necessitate re-circulation of the Mitigated Negative Declaration for public review. The City Council has considered all verbal and written comments relating to the Mitigated Negative Declaration and finds no significant new information has arisen.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Brentwood does hereby take the following actions:

1. Adopts the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program prepared for this project; and

2. Directs staff to file the Notice of Determination with the Contra Costa County Clerk; and

3. Approves General Plan Amendment No. 03-03 for the approximately 26 gross acre project site as described in Exhibit “A” from 11.38 acres of High Density Residential and 15 acres of General Commercial to 4.8 acres of Very High Density Residential, 11 acres of Medium Density Residential and 10.58 acres of General Commercial.

PASSED by the City Council of the City of Brentwood at its regular meeting of September 28, 2004, by the following vote:

Exhibits:
“A” – General Plan Amendment map

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 03-14) OF 26+/- ACRES FROM PD-18 AND R-3 TO PD-67 WITH THE ESTABLISHMENT OF DEVELOPMENT STANDARDS FOR A MIXED-USE DEVELOPMENT, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED AT THE NORTHWEST CORNER OF BALFOUR ROAD AND THE STATE ROUTE 4 BYPASS (APN'S 019-150-053, -072 AND -077 THROUGH -081).

WHEREAS, Blackhawk-Nunn Active Adult Communities of Brentwood, L.P. and Balfour Properties, LLC has requested approval of a General Plan Amendment and Rezone on approximately 26 gross acres located at the northwest corner of Balfour Road and the State Route 4 Bypass, in order to facilitate development of the “Cox Property” (TSM 8781, CUP 04-10, CUP 04-11, DR 03-26 and DR 03-27); and

WHEREAS, the applicant is requesting a General Plan Amendment from 11.38 acres of High Density Residential and 15 acres of General Commercial to 4.8 acres of Very High Density Residential, 11 acres of Medium Density Residential and 10.58 acres of General Commercial; and

WHEREAS, the applicant is concurrently requesting a Rezone from PD-18 and R-3 to PD-67 with the establishment of development standards for a mixed-use development allowing very high density and medium density residential uses on the northern approximately 16 acres and commercial uses on the southern approximately 10 acres; and

WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared for this project in accordance with the California Environmental Quality Act (CEQA) and are considered a part of this review and approval process; and

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

WHEREAS, the availability of said environmental document for the minimum 30-day public review and comment period was begun on July 23, 2004, and ended on August 23, 2004, and no significant comments were received during the review period; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood News on July 23, 2004, and again on September 17, 2004, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on this project at its regular meeting of September 7, 2004, and passed Resolution No. 04-54 recommending approval of the General Plan Amendment and Rezone; and

WHEREAS, the City Council held a public hearing on the proposed General Plan Amendment and Rezone on September 28, 2004, for the purpose of reviewing the application, considering the Planning Commission's action and considering all comments made by the public with respect to the request; 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 Planning Commission recommendation, the presentation by City staff, the staff report, and all other pertinent goals, policies, regulations, and documents regarding the proposed Rezone; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following findings for this application as required by Section 17.870.008 of the City Zoning Ordinance:

1. The proposed Rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

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

3. The proposed rezone will establish clear development standards for the uses permitted under the General Plan, Zoning Ordinance, and conditionally approved entitlements for the “Cox Property”; and

4. The proposed rezone will provide standards resulting in development that is consistent and compatible with surrounding uses; and

5. The proposed rezone will provide for adequate public uses and private open space; and

6. The project will generate a level of traffic that can be accommodated by the public circulation system, existing or planned; and

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

8. The proposed development will clearly result in a more desirable use of land, and a better physical environment than would be possible under any combination of zones; and

9. The proposed rezone is on property that has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any traffic generated by the development; and

10. The plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties, and adequate landscaping and/or screening is included if necessary to ensure compatibility; and

11. The natural and scenic qualities of the site are protected, with adequate available public and private open spaces designated on the development plan; and

12. The development of the subject property, in the manner proposed by the applicants, will not be detrimental to the public welfare, will be in the best interests of the City, and will be consistent with the Zoning Ordinance and with the City's General Plan, including all relevant Elements thereof, and with any applicable Specific Plan adopted by the City.

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

1. That the Mitigated Negative Declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

2. Pursuant to Sections 15162 and 15168(c) of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the Program EIR prepared for the City of Brentwood General Plan. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on this evidence and the Mitigated Negative Declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR or after project-specific mitigation measures are applied. The Mitigated Negative Declaration applies all applicable mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the General Plan are adequate for all approvals relating to the project; and

3. 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 has been presented to the City that would necessitate re-circulation of the Mitigated Negative Declaration for public review. The City Council has considered all verbal and written comments relating to the Mitigated Negative Declaration and finds no significant new information has arisen.

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

Section 1.

Adopts the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program prepared for this project and directs staff to file the Notice of Determination with the Contra Costa County Clerk.
Section 2.

The approximately 26 gross acre project site, as shown on Exhibit "A" to this Ordinance, is hereby rezoned from PD-18 and R-3 to PD-67 for mixed-use development.

Section 3.

Directs staff to make the necessary change to the City Zoning Map.

Section 4.

Chapter 17.524 is hereby added to the Brentwood Municipal Code for the purpose of regulating certain real property and establishing development standards for the Cox Property, as shown on Exhibit "B" to this Ordinance.

Section 5.

Chapter 17.524 is hereby known as the Planned Development No. 67 Zone.

Section 6.

Development standards for the Cox Property are hereby included as shown in Exhibit "C" attached hereto and made a part of this Ordinance.

Section 7.

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 8.

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 September 2004, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 12th day of October 2004, by the following vote:

Exhibits:
Exhibit "A" – Map of area to be rezoned
Exhibit "B" – Legal description of area to be rezoned
Exhibit "C" – Development standards for PD-67
EXHIBIT “C”

CHAPTER 17.524
PD-67 (PLANNED DEVELOPMENT NO. 67) ZONE
THE COX PROPERTY

COX PROPERTY MIXED USE

17.524.001 AUTHORITY, PURPOSE AND INTENT

17.524.002 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “A” (GENERAL COMMERCIAL AREA)

17.524.003 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “B” (GENERAL COMMERCIAL AREA)

17.524.004 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “C” (GENERAL COMMERCIAL AREA)

17.524.005 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “D”, (GENERAL COMMERCIAL AREA)

17.524.006 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “E” (VERY HIGH DENSITY RESIDENTIAL AREA)

17.524.007 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “F” (MEDIUM DENSITY RESIDENTIAL AREA)

17.524.008 OTHER REGULATIONS

17.524.001 AUTHORITY, PURPOSE AND INTENT:

The authority, purpose and intent for the adoption of the PD-67 (Planned Development No. 67) Zone are as follows:

A. AUTHORITY: The PD-67 Zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. PURPOSE: The purpose of the PD-67 Zone is to permit and regulate the orderly development of the area as shown on Attachment “A” in accordance with the Brentwood General Plan for medium density residential, very high density residential and general commercial uses. The PD-67 Zone is divided into six (6) sub areas as shown on Attachment “A”.

C. INTENT: The PD-67 Zone is intended to provide a distinguished neighborhood of single-family homes arranged in an efficient “pod” configuration, a 120-unit senior apartment complex, commercial areas for general commercial uses including restaurants, medical offices and retail uses, and recreational amenities and open space in conformance with the adopted General Plan.

17.524.002 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “A” (GENERAL COMMERCIAL AREA)

A) PERMITTED USES FOR SUB AREA “A”

1. Retail sales or rentals of new merchandise or service:
a) Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor, etc.
b) Clothing stores and sporting goods stores
c) Pharmacies and drug stores
d) Grocery stores and delicatessens
e) Hardware stores
f) Stores that sell alcoholic beverages for off-premises consumption as an ancillary use
g) Bookstores and video stores
h) Florist
i) Stationary stores and gift shops
j) Printing and copying stores
k) Office supply stores
2. Sales of personal or financial services such as:
a) Barber shops, beauty salons and spas
b) Banks and savings and loans, ATM’s and other financial institutions
c) Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair facilities
3. Nurseries and pre-schools
4. Studios and instructional facilities, such as dance studios, music studios, or similar establishments
5. Public and quasi public uses, such as government offices, libraries, post offices, employment offices, utility offices, and similar uses
6. Professional and business offices including medical offices
7. Veterinary clinics
8. Hotels and motels
9. Health and fitness centers
10. Parks, playgrounds, and recreational trails
11. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850
12. Finished product assembly such as computer assembly, bookbinding and garment manufacture
13. Commercial or retail uses that may or may not manufacture their primary product on the premises such as drapery shops, upholstery shops, carpet sales, spa sales, satellite dish sales and furniture sales provided that there is no outdoor storage
14. Similar uses subject to the approval of the Community Development Director

B) CONDITIONALLY PERMITTED USES FOR SUB AREA “A”

1. Retail stores that sell alcoholic beverages for on or off-premises consumption as a primary use
2. Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas
3. Drive-thru facilities
4. Temporary and interim uses: the following uses may be temporarily permitted, upon approval of a CUP, with the individual CUP establishing the timeframe:
a) Nursery
b) Produce market
c) Auction gallery
d) Flea market
e) Craft and art fairs
5. Churches and religious institutions and parochial or private schools.
6. Other similar uses as determined by the Community Development Director

C) GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “A”

1. Minimum Lot Area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand (10,000) square feet
2. Minimum Lot Width: 100 feet
3. Minimum Lot Depth: 100 feet
4. Maximum Building Height: Two stories, not to exceed thirty feet
5. Building Setbacks:
a) Balfour Road: thirty feet from back of curb (includes ROW and Landscape Easement)
b) Balfour Way: twenty-five feet to ROW (Landscape Easement)
c) John Muir Parkway: ten feet to ROW
d) Interior property lines: ten feet on each property and clear of utility easements
6. General Development Design and Site Development Review Requirements Development within Sub Area “A” shall be subject to Design and Site Development Review pursuant to Chapter 17.820, other applicable criteria established by the City through policy or resolution, and the Architectural Design Guidelines prepared for the Cox Property. Generally,

“In order to create a strong, memorable and appropriate architectural theme, a preferred architectural vocabulary has been established to guide commercial developers and neighborhood builders and their architects for the Cox Property.

This theme is derived from traditional Tuscan building forms and materials (and contemporized through the addition of metal canopies, strong geometric detailing, offset wall plans, and varied building coloration). Strong correlation between exterior facades and sidewalk surfaces and planting is integral to the success of the design theme.

Individual Tenants' buildings are encouraged to use originality and creativity in interpreting the preferred vocabulary and criteria in these guidelines. 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.

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics.”

17.524.003 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “B” (GENERAL COMMERCIAL AREA)

A) PERMITTED USES FOR SUB AREA “B”
1. Retail sales or rentals of new merchandise or service:
a) Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor, etc.
b) Clothing stores and sporting goods stores
c) Pharmacies and drug stores
d) Grocery stores and delicatessens
e) Hardware stores
f) Stores that sell alcoholic beverages for off-premises consumption as an ancillary use
g) Bookstores and video stores
h) Florist
i) Stationary stores and gift shops
j) Printing and copying stores
k) Office supply stores
2. Sales of personal or financial services such as:
a) Barber shops, beauty salons and spas
b) Banks and savings and loans, ATM’s and other financial institutions
c) Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair facilities
3. Nurseries and pre-schools
4. Studios and instructional facilities, such as dance studios, music studios, or similar establishments
5. Public and quasi public uses, such as government offices, libraries, post offices, employment offices, utility offices and similar uses
6. Professional and business offices, including medical offices
7. Veterinary clinics
8. Hotels and motels
9. Health and fitness centers
10. Parks, playgrounds and recreational trails
11. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850
12. Finished product assembly such as computer assembly, bookbinding and garment manufacture
13. Commercial or retail uses that may or may not manufacture their primary product on the premises such as drapery shops, upholstery shops, carpet sales, spa sales, satellite dish sales and furniture sales provided that there is no outdoor storage
14. Similar uses subject to the approval of the Community Development Director

B) CONDITIONALLY PERMITTED USES FOR SUB AREA “B”

1. Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas
2. Retail stores that sell alcoholic beverages for on or off-premises consumption as a primary use
3. Drive-thru facilities
4. Car washes, tire shops, new or used car sales, and vehicular repair
5. Outdoor sales or display
6. Temporary and interim uses: the following uses may be temporarily permitted, upon approval of a CUP, with the individual CUP establishing the timeframe:
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

C) GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “B”

1. Minimum Lot Area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand (10,000) square feet
2. Minimum Lot Width: 100 feet
3. Minimum Lot Depth: 100 feet
4. Maximum Building Height: Two stories, not to exceed thirty feet
5. Building Setbacks:
a) Balfour Road: thirty feet from back of curb (includes ROW and Landscape Easement)
b) Balfour Way: twenty-five feet to ROW (Landscape Easement)
c) Interior property lines: ten feet on each property and clear of utility easements
6. General Development Design and Site Development Review Requirements Development within Sub Area “B” shall be subject to Design and Site Development Review pursuant to Chapter 17.820, other applicable criteria established by the City through policy or resolution, and the Architectural Design Guidelines prepared for the Cox Property. Generally,

“In order to create a strong, memorable and appropriate architectural theme, a preferred architectural vocabulary has been established to guide commercial developers and neighborhood builders and their architects for the Cox Property.

This theme is derived from traditional Tuscan building forms and materials (and contemporized through the addition of metal canopies, strong geometric detailing, offset wall plans, and varied building coloration). Strong correlation between exterior facades and sidewalk surfaces and planting is integral to the success of the design theme.

Individual Tenants' buildings are encouraged to use originality and creativity in interpreting the preferred vocabulary and criteria in these guidelines. 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.

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics.”

17.524.004 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “C” (GENERAL COMMERCIAL AREA)

A) PERMITTED USES FOR SUB AREA “C”

1. Retail sales or rentals of new merchandise or service:
a) Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor, etc.
b) Clothing stores and sporting goods stores
c) Pharmacies and drug stores
d) Grocery stores and delicatessens
e) Hardware stores
f) Stores that sell alcoholic beverages for off-premises consumption as an ancillary use
g) Bookstores and video stores
h) Florist
i) Stationary stores and gift shops
j) Printing and copying stores
k) Office supply stores
2. Sales of personal or financial services such as:
a) Barber shops, beauty salons and spas
b) Banks and savings and loans, ATM’s and other financial institutions
c) Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair facilities
3. Nurseries and pre-schools
4. Studios and instructional facilities, such as dance studios, music studios, or similar establishments
5. Public and quasi public uses, such as government offices, libraries, post offices, employment offices, utility offices and similar uses
6. Professional and business offices, including medical offices
7. Veterinary clinics
8. Hotels and motels
9. Health and fitness centers
10. Parks, playgrounds and recreational trails
11. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850
12. Finished product assembly such as computer assembly, bookbinding and garment manufacture
13. Commercial or retail uses that may or may not manufacture their primary product on the premises such as drapery shops, upholstery shops, carpet sales, spa sales, satellite dish sales and furniture sales provided that there is no outdoor storage
14. Similar uses subject to the approval of the Community Development Director

B) CONDITIONALLY PERMITTED USES FOR SUB AREA “C”

1. Gas stations
2. Retail stores that sell alcoholic beverages for on or off-premises consumption as a primary use
3. Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas
4. Drive-thru facilities
5. Car washes, tire shops, new or used car sales and vehicular repair
6. Outdoor sales or display
7. Temporary and interim uses: the following uses may be temporarily permitted, upon approval of a CUP, with the individual CUP establishing the timeframe:
a) Nursery
b) Produce market
c) Auction gallery
d) Flea market
e) Craft and art fairs
8. Churches and religious institutions and parochial or private schools
9. Other similar uses as determined by the Community Development Director

C) GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “C”

1. Minimum Lot Area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand (10,000) square feet
2. Minimum Lot Width: 100 feet
3. Minimum Lot Depth: 100 feet
4. Maximum Building Height: Two stories, not to exceed thirty-five feet
5. Building Setbacks:
a) Balfour Road: thirty feet from back of curb (includes ROW and Landscape Easement)
b) State Route 4 Bypass: ten feet to ROW and clear of utility easements
c) Interior property lines: ten feet on each property and clear of utility easements
6. General Development Design and Site Development Review Requirements Development within Sub Area “C” shall be subject to Design and Site Development Review pursuant to Chapter 17.820, other applicable criteria established by the City through policy or resolution, and the Architectural Design Guidelines prepared for the Cox Property. Generally,

“In order to create a strong, memorable and appropriate architectural theme, a preferred architectural vocabulary has been established to guide commercial developers and neighborhood builders and their architects for the Cox Property.

This theme is derived from traditional Tuscan building forms and materials (and contemporized through the addition of metal canopies, strong geometric detailing, offset wall plans, and varied building coloration). Strong correlation between exterior facades and sidewalk surfaces and planting is integral to the success of the design theme.

Individual Tenants' buildings are encouraged to use originality and creativity in interpreting the preferred vocabulary and criteria in these guidelines. 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.

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics.”

17.524.005 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “D” (GENERAL COMMERCIAL AREA)

A) PERMITTED USES FOR SUB AREA “D”

1. Medical facilities, including medical offices, hospitals, inpatient and outpatient medical care, birthing facilities, dialysis units, medical and dental laboratories, medical schools and teaching facilities
2. Other similar uses as determined by the Community Development Director
4. Retail sales or rentals of new merchandise or service:
a) Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor, etc.
b) Clothing stores and sporting goods stores
c) Pharmacies and drug stores
d) Grocery stores and delicatessens
e) Hardware stores
f) Stores that sell alcoholic beverages for off-premises consumption as an ancillary use
g) Bookstores and video stores
h) Florist
i) Stationary stores and gift shops
j) Printing and copying stores
k) Office supply stores
5. Sales of personal or financial services such as:
a) Barber shops, beauty salons and spas
b) Banks and savings and loans, ATM’s and other financial institutions
c) Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair facilities
6. Nurseries and pre-schools
7. Studios and instructional facilities, such as dance studios, music studios or similar establishments
8. Public and quasi public uses, such as government offices, libraries, post offices, employment offices, utility offices and similar uses
9. Professional and business offices, including medical offices
10. Veterinary clinics
11. Hotels and motels
12. Health and fitness centers
13. Parks, playgrounds and recreational trails
14. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850
15. Finished product assembly such as computer assembly, bookbinding and garment manufacture
16. Commercial or retail uses that may or may not manufacture their primary product on the premises such as drapery shops, upholstery shops, carpet sales, spa sales, satellite dish sales and furniture sales provided that there is no outdoor storage
17. Similar uses subject to the approval of the Community Development Director

B) CONDITIONALLY PERMITTED USES FOR SUB AREA “D”

1. Retail stores that sell alcoholic beverages for on or off-premises consumption as a primary use
2. Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas;
3. Drive-thru facilities
4. Outdoor sales or display
5. Temporary and interim uses: the following uses may be temporarily permitted, upon approval of a CUP, with the individual CUP establishing the timeframe:
a) Nursery
b) Produce market
c) Auction gallery
d) Flea market
e) Craft and art fairs
6. Churches and religious institutions and parochial or private schools
7. Other similar uses as determined by the Community Development Director

C) GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “D”

1. Minimum Lot Area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand (10,000) square feet
2. Minimum Lot Width: 100 feet
3. Minimum Lot Depth: 100 feet
4. Maximum Building Height: Three stories, not to exceed forty feet. Selected building elements such as towers may project to a maximum building height of forty-five feet.
5. Building Setbacks:
a. Balfour Way: twenty-five feet to ROW (Landscape Easement)
b. State Route 4 Bypass: ten feet to ROW and clear of utility easements
c. Interior property lines: ten feet on each property and clear of utility easements.
6. General Development Design and Site Development Review Requirements Development within Sub Area “D” shall be subject to Design and Site Development Review pursuant to Chapter 17.820, other applicable criteria established by the City through policy or resolution, and the Architectural Design Guidelines prepared for the Cox Property. Generally,

“In order to create a strong, memorable and appropriate architectural theme, a preferred architectural vocabulary has been established to guide commercial developers and neighborhood builders and their architects for the Cox Property.

This theme is derived from traditional Tuscan building forms and materials (and contemporized through the addition of metal canopies, strong geometric detailing, offset wall plans, and varied building coloration). Strong correlation between exterior facades and sidewalk surfaces and planting is integral to the success of the design theme.

Individual Tenants' buildings are encouraged to use originality and creativity in interpreting the preferred vocabulary and criteria in these guidelines. 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.

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics.”

17.524.006 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “E” (VERY HIGH DENSITY RESIDENTIAL AREA)

A) PERMITTED USES IN SUB AREA “E”

1. Multi-family age-restricted (55 years and older) dwelling units in a complex form
2. Convalescent hospitals, large residential care facilities (including residential, congregate residential and convalescent care) and facilities for the care of the sick or elderly
3. Accessory facilities or buildings related to the primary use subject to Chapter 17.660
4. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850
5. Home Occupations, subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840
6. The keeping of domestic animals or pets subject to Chapter 17.670
7. Model homes sales facilities, subject to a Temporary Use Permit
8. Swimming and related facilities serving apartment residents, including pools and pool equipment, shade structures, restrooms, shower areas, changing areas, aquatic apparatus, meeting rooms, facility staff offices, snack bars, cafés or staffed food-service enterprise and vending machines
9. Those uses which are permitted uses within the R-3 Zone
10. Similar uses subject to the approval of the Community Development Director

B) CONDITIONALLY PERMITTED USES IN SUB AREA “E”

1. Those uses which are conditionally permitted in the R-3 Zone
2. Privately or publicly sponsored recreational events or ongoing activities involving fifty or more guests from outside the development including, but not limited to, swim meets, swim lessons, swim practices, lap swimming and social gatherings
3. Churches and religious institutions and parochial or private schools
4. Other similar uses as determined by the Community Development Director

C) GENERAL DEVELOPMENT STANDARDS IN SUB AREA “E”

1. Minimum Lot Area: 10,000 (ten thousand) square feet
2. Minimum Lot Width: 100 feet
3. Minimum Lot Depth: 100 feet
4. Maximum Building Height: Three stories, not to exceed forty-five feet. Selected building elements such as towers may project to a maximum height of fifty feet.
5. Building Setbacks:
a) Balfour Way: twenty-five feet to ROW (Landscape Easement)
b) State Route 4 Bypass: ten feet to ROW and clear of utility easements
c) Interior property lines: ten feet on each property and clear of utility easements
6. Maximum Number of Units: 120
7. Off-street parking for multi-family age-restricted (55 years and older) dwelling units in a complex form shall be provided at the rate of one space for each unit. All other uses shall provide off-street parking in accordance with Chapter 17.620 of the Brentwood Municipal Code.
8. General Development Design and Site Development Review Requirements Development within Sub Area “E” shall be subject to Design and Site Development Review pursuant to Chapter 17.820, other applicable criteria established by the City through policy or resolution, and the Architectural Design Guidelines prepared for the Cox Property. Generally,

“In order to create a strong, memorable and appropriate architectural theme, a preferred architectural vocabulary has been established to guide commercial developers and neighborhood builders and their architects for the Cox Property.
The recommended residential architectural style is Tuscan, French, Spanish – Mediterranean. This vocabulary has its historical roots in the villas and villages of the inland French and Italian Mediterranean regions of Provence and Tuscany and has a palette of cut and rustic stone 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 pots. Identifying features may consist of:
• Walls are generally stucco, smooth and in earth tone colors
• 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 stone looking columns and window and door surrounds
• The use of trellis

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics.”

17.524.007 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “F” (MEDIUM DENSITY RESIDENTIAL AREA)

A) PERMITTED USES IN SUB AREA “F”

1. Single-family detached dwelling units
2. Accessory facilities or buildings related to the primary use subject to Chapter 17.660
3. Temporary uses related to the primary use and subject to obtaining a Temporary Use Permit pursuant to Chapter 17.850
4. Home Occupations subject to obtaining a Home Occupation Permit pursuant to Chapter 17.840
5. The keeping of domestic animals or pets subject to Chapter 17.670
6. Parks, playgrounds and recreational trails
7. Rooming and boarding subject to Chapter 17.650.003
8. Model homes sales facilities, subject to approval of a Temporary Use Permit
9. Secondary housing units in accordance with Chapter 17.100.005 of the Brentwood Municipal Code

B) CONDITIONALLY PERMITTED USES IN SUB AREA “F”

1. Those uses which are conditionally permitted in the R-2 Zone

C) GENERAL DEVELOPMENT STANDARDS IN SUB AREA “F”

1. Minimum Lot Area: 3,000 square feet
2. Minimum Lot Width: 40 feet
3. Minimum Lot Depth: 40 feet
4. Minimum Lot Frontage: 40 feet, or 20 feet for lots on cul-de-sacs, knuckles or curvilinear streets at front property line and rear property lines for reverse pie shaped lots.
5. Minimum Front Yard Setback: 20 feet for street facing garages, 8 feet for turned garages and living spaces and 8 feet for front porches measured to the front property line
6. 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 5 feet
7. Minimum Rear Yard Setback: 5 feet (Plan 1 and 2) and 15 feet (Plan 3 and 4 - excluding Breakfast Nook Popout)
8. Maximum Building Height: Three stories, not to exceed thirty-five feet
9. Maximum Lot Coverage: 50%
10. Maximum Number of Units: 90
11. Off-street parking shall be provided in accordance with Chapter 17.620 of the Brentwood Municipal Code
12. No single-story plans are required
13. General Development Design and Site Development Review Requirements Development within Sub Area “F” shall be subject to Design and Site Development Review pursuant to Chapter 17.820, other applicable criteria established by the City through policy or resolution, and the Architectural Design Guidelines prepared for the Cox Property. Generally,

“In order to create a strong, memorable and appropriate architectural theme, a preferred architectural vocabulary has been established to guide commercial developers and neighborhood builders and their architects for the Cox Property.

The recommended residential architectural style is Tuscan, French, Spanish – Mediterranean. This vocabulary has its historical roots in the villas and villages of the inland French and Italian Mediterranean regions of Provence and Tuscany and has a palette of cut and rustic stone 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 pots. Identifying features may consist of:
• Walls are generally stucco, smooth and in earth tone colors
• 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 stone looking columns and window and door surrounds
• The use of trellis

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics.”

17.524.008 OTHER REGULATIONS:

1. Off-street parking, unless otherwise specifically addressed in this chapter, shall be provided pursuant to Chapter 17.620 and Section 17.100.004.H
2. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016
3. Architectural features may project into any required yard pursuant to the provision of Chapter 17.660
4. All signage shall be subject to the Master Sign Program approved for the Cox Property
5. The development of the PD-67 Zone shall be substantially in accordance with the various approved plans for each sub area
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov