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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: February 22, 2005

Subject/Title: Amendment to Planned Development 5 (PD-5) to create development standards for this 43-acre parcel located at the northeast corner of Balfour Road and Fairview Avenue.

Prepared by: Debbie Hill, Associate Planner

Submitted by: H. Sword, Director, Community Development Department

RECOMMENDATION
The Planning Commission and Staff recommend that the City Council introduce and waive the first reading of an ordinance approving a zoning amendment to Planned Development 5 to add development standards.

PREVIOUS ACTION
Approval of a Residential Growth Management Program (RGMP) allocation for 108 units on May 11, 2004.

BACKGROUND
The proposed development is for 115 residential lots (107 single-family lots and 8 lots for affordable housing which are exempt from the RGMP process), along with a 10.5-acre commercial site and a 2-acre park site. The developer would like to amend the Planned Development to add development standards for both Subarea A for residential development and Subarea B for commercial development within Planned Development 5 in order to establish development criteria for this project. The proposed standards are consistent with other developments of similar lot sizes and uses in the area and are set forth below:

Detached Single Family Units

Minimum Lot Area: 6,000 square feet

Minimum Lot Width*: 60 feet

Minimum Lot Depth: 90 feet

Minimum Lot Frontage: 35 feet

Minimum Front Yard: 20 feet to a front-facing garage, 15 feet to any primary building wall, side-entry garage, or porch

Minimum Side Yard: 5 feet, with an aggregate of 10’. All corner lots shall maintain a minimum side yard on the street of 10 feet

Minimum Rear Yard: 20 feet

Maximum Building Height: 2 stories not exceeding 30 feet
Maximum Lot Coverage: 45 percent on 1-story units and 40 percent on 2-story units

* Where lots are irregular in shape due to curvilinear street patterns, the minimum lot width shall be taken from a measurement 30’ in from the front lot line.

Attached Duet Units

Minimum Lot Area: 3,700 square feet

Minimum Lot Width*: 36 feet

Minimum Lot Depth: 90 feet

Minimum Lot Frontage: 35 feet

Minimum Front Yard: 20 feet to a front-facing garage, 15 feet to any primary building wall, side-entry garage, or porch

Minimum Side Yard: 0 feet on common wall property line, with an aggregate of 5’. All corner lots shall maintain a minimum side yard on the street of 10 feet

Minimum Rear Yard: 20 feet

Maximum Building Height: 2 stories not exceeding 30 feet

Maximum Lot Coverage: 40 percent

Attached Fourplex Airspace Unit

Minimum Lot Area: 478 square feet

Common Lot Minimum Width*: 100 feet

Common Lot Minimum Depth: 80 feet

Common Lot Minimum Frontage: 85 feet

Minimum Front Yard: 20 feet to a front-facing garage, 15 feet to any primary building wall, side-entry garage, or porch

Minimum Side Yard: 0 feet on common wall property lines; 5 feet on any other side property line. All corner lots shall maintain a minimum side yard on the street of 10 feet

Minimum Rear Yard: 45 feet to include common drive and driveways

Maximum Building Height: 2 stories not exceeding 30 feet

Maximum Lot Coverage: 40 percent
Commercial

Minimum Lot Area: 25,000 square feet, except that a master planned shopping center may be subdivided into parcels having a minimum lot area of 7,500 square feet and a minimum lot width of 75 feet.

Minimum Street Frontage: 100 feet, except in the event of a subdivision pursuant to a master planned shopping center where frontage is not required, as long as perpetual access is provided by easements.

Minimum Street Frontage Yards: 10 feet

Minimum Non-Street Frontage Yards: 10 feet, except in the event of a subdivision pursuant to a master planned shopping center where two buildings share a common property line where the setback shall be 0 feet.

Maximum Building Height: The maximum height of all structures shall not exceed 35 feet except for architectural features (including roof elements) which can extend up to 40 feet.

Delivery Hours: Supermarkets and drug stores shall restrict delivery hours to 7 a.m. to 10 p.m., Monday through Saturday, and 9 a.m. to 10 p.m. on Sunday.

These proposed development standards are consistent with development standards established for other similar lots within the City.

FISCAL IMPACT
Fiscal impact to the City would be positive. The addition of another residential neighborhood will contribute to the ultimate buildout population by helping to attract economic development, jobs and businesses. In addition, the additional homes will provide additional annual property tax revenue to the City. The buildout of the commercial component of this project would provide additional sales tax revenue and an improved jobs-to-housing balance.

Attachments:
Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 5 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREAS A AND B FOR A 43-ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF BALFOUR ROAD AND FAIRVIEW AVENUE.

WHEREAS, the applicant, DR Horton, has filed for an amendment to Planned Development 5 in order to establish development standards to accommodate Tentative Subdivision Map 8854; and

WHEREAS, on February 1, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 05-08 which recommended the approval of the zoning amendment and associated development standards for Planned Development 5; and

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

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

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on February 11, 2005, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; and

WHEREAS, the City Council held a public hearing on the proposed zoning amendment on February 22, 2005, for the purpose of reviewing the application, considering the Planning Commission's action, and considering all comments made by the public with respect to this proposed zoning amendment; 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 project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zoning amendment; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.450.007 of the City Zoning Ordinance and State CEQA Guidelines:

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

2. The proposed zoning amendment is consistent with the existing City General Plan land use designation on the subject property.

3. The proposed zoning amendment is consistent and compatible with other goals, policies and implementation programs set forth in the General Plan.

4. The proposed zoning amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

5. That the subject property regulated as a planned development will clearly result in a more desirable use of land, and a better physical environment than would be possible under any single or combination of zones.

6. That the PD designation for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties.

7. The zoning amendment will involve areas which are abutting public streets which will provide physical access to the project site and there is sufficient capacity to accommodate the traffic anticipated to be generated by development and the adjacent uses in the vicinity.

8. 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.

9. The zoning amendment will provide standards resulting in development that is consistent and compatible with surrounding uses.

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

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

12. The proposed zoning amendment will serve the housing and economic 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).

13. Pursuant to Section 15168 of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the Program EIR prepared for the General Plan. The Initial Study has further evaluated potential project specific impacts to the environment. Based upon this evidence and the Mitigated Negative Declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR. The Mitigated Negative Declaration applies all applicable mitigation measures specified in the Program EIR to the project and imposes additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions of approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 and 2001 General Plans is adequate for all approvals relating to the project.

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

15. 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 Mitigated Negative Declaration reflects the City Council’s independent judgment and analysis.

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

Section 1. Directs staff to file the Notice of Determination with the County Clerk.

Section 2.

A. Approves the zoning amendment establishing development standards for Subareas A and B of PD-5 as shown on the attached map identified as Exhibit “A”.

B. Amends Chapter 17.455 of the Brentwood Municipal Code providing development standards for PD-5 as follows:

D.R. HORTON RESIDENTIAL AND THE SHOPS AT FAIRVIEW
CASTELLO PROPERTY

17.455.001 AUTHORITY, PURPOSE, AND INTENT
17.455.002 PERMITTED USES
17.455.003 CONDITIONALLY PERMITTED USES
17.455.004 REGULATIONS FOR LOT AREA, DENSITY YARDS, HEIGHT AND RELATED MATTERS
17.455.005 OTHER REGULATIONS

17.455.001 AUTHORITY, PURPOSE AND INTENT:

The authority, purpose and intent for the adoption of the PD-5 (Planned Development 5) zone are as follows:

A. Authority: PD-5 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-5 zone is to permit and regulate the orderly development of 33 acres of single family homes and public uses, and 10 acres of commercial uses in accordance with the Brentwood General Plan.

C. Intent: The intent of creating the PD-5 Zone is to ensure the coordinated development of the entire property in order to minimize impacts on residential areas, while providing for the flexibility to maximize the potential for job creation and serve the needs of surrounding residential and commercial neighborhoods.

17.455.002 PERMITTED USES:

Residential Subarea A:
The following uses are permitted in the PD-5, Subarea A, zone:

A. Those uses which are permitted uses within the R-1 (Single Family Residential) zone, Section 17.130.002 of the Zoning Ordinance;

B. Single family dwelling units not exceeding a density of three and one half (3.5) dwelling units per gross acre excluding any affordable housing units;

C. Attached or detached affordable housing units proposed in conformance with the City’s adopted Affordable Housing Ordinance;

Commercial Subarea B:
The following uses are permitted in the PD-5, Subarea B, zone:

A. Convenience retail uses such as bakeries, pastry shops, coffee shops book stores, candy stores, florists, newsstands, stationery/gift shops, ice cream parlors, and similar uses;

B. Supermarkets, drug stores, and similar uses;

C. On-sale or off-sale liquor sales relating to a supermarket, drug store, restaurant or similar use;

D. Service uses such as barber or beauty shops, shoe repair stores, laundromats, dry cleaners, mailing/mailbox centers, copy centers, and similar uses;

E. Professional office uses such as dentist offices, real estate offices, title company offices, chiropractic offices, optometrist offices, and veterinary clinics or pet stores (excluding boarding facilities);

F. Restaurants and cafes (excluding drive-thrus);

G. Financial institutions including banks, savings and loans, and similar uses which offer a wide range of services pursuant to the definition set forth in Chapter 17.030.050.H;

H. General retail uses including appliance stores, hobby shops, sporting goods, clothing, auto parts stores and similar uses;

I. Retail, service, and other permitted uses that conform to the City’s Noise Ordinance pursuant to the definition set forth in Chapter 17.200.004 and Chapter 9.32 as amended February 12, 2002.

17.517.003 CONDITIONALLY PERMITTED USES:

Residential Subarea A:
The following uses are conditionally permitted in the PD-5, Subarea A, zone and require the granting of a Conditional Use Permit pursuant to Chapter 17.830:

A. Those uses which are conditionally permitted uses within the R-1 (Single Family Residential) zone, Section 17.130.003 of the Zoning Ordinance;

Commercial Subarea B:
The following uses are conditionally permitted in the PD-5, Subarea B, zone and require the granting of a Conditional Use Permit pursuant to Chapter 17.830:

A. On-sale or off-sale liquor establishments not relating to a supermarket, drug store, restaurant or similar use;

B. Convenience stores;

C. Meeting rooms/fraternal halls and neighborhood community centers;

D. Open storage or outdoor display of seasonal merchandise;

E. All drive-thru or drive-up establishments;

F. Other uses that the Community Development Director determines, because of the type of operation, material stored or sold or other special circumstances require special consideration and regulations through the conditional use permit procedure.

17.517.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS:

The following regulations shall apply to Subarea A of the Planned Development zone:

Detached Single Family Units

Minimum Lot Area: 6,000 square feet

Minimum Lot Width*: 60 feet

Minimum Lot Depth: 90 feet

Minimum Lot Frontage: 35 feet

Minimum Front Yard: 20 feet to a front-facing garage; 15 feet to any primary building wall, turn garage, or porch

Minimum Side Yard: 5 feet, with an aggregate of 15 feet. All corner lots shall maintain a minimum side yard on the street side of 10 feet.

Minimum Rear Yard: 20 feet

Maximum Building Height: 2 stories not exceeding 30 feet

Maximum Lot Coverage: 45 percent on 1-story units and 40 percent on 2-story units

*Where lots are irregular in shape due to curvilinear street patterns, the minimum lot width shall be taken from a measurement 30 feet in from the front lot line.

Attached Duet Units

Minimum Lot Area: 3,700 square feet

Minimum Lot Width*: 36 feet

Minimum Lot Depth: 90 feet

Minimum Lot Frontage: 35 feet

Minimum Front Yard: 20 feet to a front-facing garage; 15 feet to any primary building wall, turn garage, or porch

Minimum Side Yard: 0 feet on common wall property line, with an aggregate of 5 feet. All corner lots shall maintain a minimum side yard on the street side of 10 feet

Minimum Rear Yard: 20 feet

Maximum Building Height: 2 stories not exceeding 30 feet

Maximum Lot Coverage: 40 percent

*Where lots are irregular in shape due to curvilinear street patterns, the minimum lot width shall be taken from a measurement 30 feet in from the front lot line.

Attached Fourplex Airspace Unit

Minimum Lot Area: 478 square feet

Common Lot Minimum Width*: 100 feet

Common Lot Minimum Lot Depth: 80 feet

Common Lot Minimum Frontage: 85 feet

Minimum Front Yard: 20 feet to a front-facing garage; 15 feet to any primary building wall, turn garage, or porch

Minimum Side Yard: 0 feet on common wall property lines; 5 feet on any other side property line. All corner lots shall maintain a minimum side yard on the street side of 10 feet.

Minimum Rear Yard: 45 feet to include common drive and driveways

Maximum Building Height: 2 stories not exceeding 30 feet

Maximum Lot Coverage: 40 percent

The following regulations shall apply to Subarea B of the Planned Development zone:

Commercial

Minimum Lot Area: 25,000 square feet, except that a master planned shopping center may be subdivided into parcels having a minimum lot area of 7,500 square feet and a minimum lot width of 75 feet.

Minimum Street Frontage: 100 feet, except in the event of a subdivision pursuant to a master planned shopping center where frontage is not required provided perpetual access is provided by easements.

Minimum Street Frontage Yards: 10 feet

Min. Non-Street Frontage Yards: 10 feet, except in the event of a subdivision pursuant to a master planned shopping center where frontage is not required provided perpetual access is provided by easements.
Maximum Building Height: The maximum height of all structures shall not exceed 35 feet except for architectural features (including roof elements) which can extend up to 40 feet.

Delivery Hours: Supermarkets and drug stores shall restrict delivery hours to 7 a.m. to 10 p.m., Monday through Saturday, and 9 a.m. to 10 p.m. on Sunday.

17.517.005 OTHER REGULATIONS:

The following regulations shall apply to Subarea A of the Planned Development zone:

A. Design and Site Development Review shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004.H.

B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004.H.

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

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

E. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.

The following regulations shall apply to Subarea B of the Planned Development zone:

A. Off-street parking shall be provided in accordance with Chapter 17.620 of the Brentwood Municipal Code.

B. The development standards within the PD-5 Commercial Subarea B Zone shall comply with Section 17.200.003 of the Brentwood Municipal Code.

C. The performance standards within the PD-5 Commercial Subarea B Zone shall comply with Section 17.200.004 of the Brentwood Municipal Code.

D. All signage for uses within the PD-5 Commercial Subarea B Zone shall be in accordance with the Master Sign Program, as approved by the City of Brentwood.

E. Prohibited uses within the PD-5 Commercial Subarea B Zone shall include gas station facilities and car washes, automobile and recreational vehicle sales, leasing, rentals and/or service, and manufacturing.

Section 3.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing in the Brentwood Press a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 4. 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 22nd day of February, 2005, and adopted at a regular meeting of Brentwood City Council on the day of , 2005, by the following vote:

Attachments:
Subarea Map
Vesting Tentative Map 

 

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