CITY COUNCIL AGENDA ITEM
Meeting Date: June 14, 2005
Subject/Title: Introduce and waive the first reading of an ordinance
amending Planned Development 18 (PD-18) to reduce required setbacks and
minimum lot size, and allowing a drive-thru coffee use as a conditionally
permitted use within the neighborhood commercial area in this zone. This
property is generally located north of Balfour Road and west of West Country
Prepared by: Debbie Hill, Associate Planner
Submitted by: Howard Sword, Community Development Director
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 18 reducing required rear and side yard setbacks and
minimum lot size, and allowing a drive-thru coffee use as a conditionally
permitted use in one of the buildings within the neighborhood commercial
area in this zone.
The City Council adopted Ordinance No. 524 approving PD-18 on February 9,
1993. Since this time various design and use approvals have been approved by
the Planning Commission for housing and offices as well as a fire station.
In addition, on October 26, 2004, City Council adopted Ordinance No. 786
which removed a large portion of the Planned Employment Center (PEC) and
high-density residential (R-3) areas located at the southeast corner of the
zone and rezoned it as PD-67. Additional approvals by the Planning
Commission will allow high-density senior apartments, cluster homes and
additional commercial and office uses within PD-67.
The proposed development is for two commercial/retail buildings totaling
23,150 square feet. The developer would like to amend the Planned
Development to decrease the required rear and side yard setbacks, reduce the
minimum lot size, and to allow a drive-thru coffee use as a conditionally
permitted use in one of the buildings within the center. The proposed
amended standards are consistent with other similar developments in the
area. At its May 3, 2005 meeting, the Planning Commission approved the
design review application for this center.
Fiscal impact to the City would be positive. The addition of another
commercial site will attract economic development, jobs and businesses. The
buildout of the project would provide additional sales tax revenue and an
improved jobs-to-housing balance.
Ordinance amending Planned Development 18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED
DEVELOPMENT NO. 18 BY REDUCING REQUIRED SETBACKS AND MINIMUM LOT SIZE, AND
ALLOWING DRIVE-THRU COFFEE USES AS A CONDITIONALLY PERMITTED USE WITHIN THE
NEIGHBORHOOD COMMERCIAL AREA IN THIS ZONE. THIS PROPERTY IS GENERALLY
LOCATED NORTH OF BALFOUR ROAD AND WEST OF WEST COUNTRY CLUB DRIVE.
WHEREAS, the applicant, HPH Properties, LP, has filed for an amendment to
Planned Development 18 in order to establish specific development standards
to accommodate his project (Design Review 04-37); and
WHEREAS, on May 3, 2005, the Planning Commission conducted a duly noticed
public hearing, considered public comments and passed Resolution No. 05-29
which recommended the approval of the zoning amendment for Planned
Development 18; 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 May 20, 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 June 14, 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
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
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
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 General Plan,
including all relevant elements therefore, and with any applicable Specific
Plan adopted by the 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
Section 1. Directs staff to file the Notice of Determination with the County
A. Approves the zoning amendment reducing required setbacks and minimum lot
size, and allowing drive-thru coffee uses as a conditionally permitted use
within the neighborhood commercial area in this zone.
B. Amends Chapter 17.468 of the Brentwood Municipal Code providing amended
development standards for PD-18 as follows:
PD-18 (PLANNED DEVELOPMENT 18) ZONE
17.468.003 Conditionally Permitted Uses. The following uses require special
consideration and approval of a conditional use permit in accordance with
A. Single Family Residential.
1. Those conditionally permitted uses within the R-1 (Single Family
B. Neighborhood Commercial.
1. Restaurant or café restricted to sit down facility only, excepting a
drive-thru coffee use approved only for Design Review 04-37 located on APN
019-340-037, and on and off sale liquor establishments.
2. Convenience banking center, automatic teller machine, drive-in or
drive-thru establishments relating to permitted uses in the zone, excluding
a drive-in or drive-thru restaurant.
3. Nursery, child care, day care center, meeting hall or fraternal hall,
C. Planned Employment Center.
1. Those conditionally permitted uses within the R-3 (multi-family
2. Hospitals; medical facilities; facilities for care of the elderly
including residential, congregate residential and convalescent care;
3. Restaurants and other facilities serving employees;
4. Financial institutions when less than three (3) such uses are located in
the CB district, at the time of application for a discretionary approval by
the City or, if no discretionary approval is needed, at the time of initial
nondiscretionary approval, e.g., building permit or certificate of
5. Health club, reducing studio or recreational club.
6. Veterinary clinic.
7. Public and quasi-public use such as government office, library,
employment office, utility offices, and similar uses, including daycare
8. Similar uses subject to the approval of the Zoning Administrator.
D. Open Space.
1. Golf course and associated uses included the club house, driving range,
17.468.005 Regulations for Lot Area, Density, Yards, Height, and Related
Matters. Development Plan Required. Attachment “A” and “C” includes
approximately 441 acres of property bounded by Balfour Road, the City limit
line, and ECCID lateral No. 7. Before development can occur on approximately
30 acres, as described on Attachment “B”, this zone district must be amended
to include a development plan and accompanying regulations. This development
plan shall be approved by the Planning Commission and City Council. The plan
shall establish standards for lot area, density, yards, height and parking,
and shall also contain provisions governing design and site review,
landscaping plans, hillside development and grading, and related matters.
Except as otherwise specified in the regulations so adopted, development of
the PD-18 Zone shall be in accordance with existing City standards for the
uses shown in City Council Resolution No. 92-112 (General Plan Amendment).
A. Single Family Residential.
1. Minimum Lot Area.
The minimum lot area shall be 6,000 square feet.
2. Minimum Lot Width.
The minimum lot width shall be sixty (60) feet. Cul-de-sac lots shall have a
minimum lot width of sixty (60) feet as measured parallel thirty (30) feet
back from the front property line.
3. Minimum Lot Frontage.
The minimum lot frontage shall be half (1/2) of the required minimum lot
4. Minimum Front Yard Setback.
The front yard setback shall be twenty (20) feet as measured from the
property line to the face of the garage and fifteen (15) to any building
façade or side entry garage.
5. Minimum Side Yard Setbacks.
Side yard setbacks shall be fifteen (15) feet aggregate, with five (5) being
the minimum as measured from the building foundation. Corner lots shall
maintain a minimum side yard on the street side of ten (10) feet. Minimum
distance between houses shall be fifteen (15) feet.
6. Minimum Rear Yard Setback.
The minimum rear yard setback shall be fifteen (15) with an overall average
setback of twenty (20) feet as measured from the building foundation.
7. Maximum Building Height.
The maximum building height for all structures shall be two (2) stories not
to exceed thirty-five (35) feet. Split level lots may be three (3) stories,
which do not exceed thirty-five (35) feet in height as measured from the
lowest pad elevation on the lot.
8. Architectural Design.
a) Three car garages including golf cart garages shall be allowed on lots
over sixty (60) feet wide, and four car garages shall be allowed on lots
over eighty (80) feet, provided that any garage does not exceed thirty two
(32) feet in width, as measured at the garage door face. All third or fourth
car garages shall be offset from the main plane of the house.
b) Duel side entry four (4) car garages shall be allowed on lots over eighty
(80) feet wide as long as there are two (2) separate garage structures.
c) A single off-set four (4) car garage may have a reduced inside length of
eighteen (18) feet.
d) All front entry doors shall be visible from the street and shall provide
a minimum of two steps into the house.
e) The use of stone and masonry accent material is encouraged. The use of a
variety of roof materials (tile, fire retardant shake) is encouraged.
f) A variety of architectural designs shall be used in clusters throughout
the development area. The exact design shall be determined at the time of
B. Neighborhood Commercial.
1. Minimum Lot Area.
The minimum lot area shall be two (2) 0.80 acres.
2. Minimum Street Frontage Yard.
The minimum street frontage yard consisting of building frontage along all
public streets shall be twenty (20) twelve (12) feet which shall be
landscaped. A public sidewalk shall be included within this required width.
3. Minimum Non-Street Frontage Yard.
The minimum non-street frontage yard shall be zero (0) feet except that the
minimum building setback from a residential zone shall be forty (40) twenty
(20) feet, of which twenty (20) feet shall be landscaped.
4. Maximum Building Height.
The maximum building height shall be two (2) stories not to exceed
thirty-five (35) feet.
The landscaping standards for this development area shall comply with the
regulations contained in Chapter 17.630, titled “Landscaping and Screening”
except as provided below.
1. Street Trees
Street trees are required to be planted on all streets within the
development area, as indicated on Attachment “A”. Tree spacing shall be
staggered 30 feet on center on the parkway, and an average of 30 feet on
center on other, residential streets. This also includes the Balfour Road
frontage adjacent to soundwalls. Trees along the golf course frontage on
Balfour Road should be clustered to allow views into the golf course.
2. Entryway Design and Balfour Road Landscaping
The design of the entryways shall consist of signage, landscaping, hardscape,
and other materials in the development area shall be reviewed by the
Planning Commission. Landscaping and soundwall design shall be consistent
along Balfour Road.
3. Graded Slope Landscaping
a. All graded slopes shall require revegetation with native plant species,
which are indigenous to the Brentwood area, whenever possible, to retain
natural character, maintain views and contribute towards slope
b. To ensure safe fire protection, fuel modification zone utilize plant
materials that provide a gradual transition to natural vegetation to avoid
hard planted edges.
c. Landscape plans for all graded slope areas shall be reviewed by the Fire
Chief, Planning Commission, and other interested parties prior to
D. Parks and Open Space.
All park areas and any relevant open space areas shall require design review
by the Planning Commission prior to final Tract Map approval, for each park
in that particular tract. Facilities to be included in each park are as
1. Mini-parks (0-2 acres).
a) Free play lawn area.
b) Shade landscaping.
c) Benches and low seat walls.
d) Picnic table with barbecue.
e) Other facilities required at the time of park plan submittal.
2. Neighborhood Parks (2.1+ acres).
a) Play equipment such as swings, slides, jungle gyms and climbing
b) Softball and Little League field, including bleachers, dugouts, skinned
c) Volleyball pit, par course, full-court basketball.
d) Picnic tables, barbecue pits, drinking fountains.
f) Other facilities required at the time of park plan submittal.
3. Open space.
a) Areas to remain as open space, as indicated on Attachment “A”, may be
required to be offered for dedication as part of a public open space or park
system. Where such offer of dedication is not accepted, the development
shall provide legal arrangements, acceptable to the Council, sufficient to
assure the maintenance and preservation of such open space for whatever
purpose it is intended. Covenants or other legal arrangements shall specify
the ownership of the open space; method of maintenance; responsibility for
maintenance; maintenance; taxes and insurance; compulsory membership and
assessment provisions; guarantees that any association formed to own and
maintain common open space will not be dissolved without the consent of the
Council; and any specification deemed necessary to the City.
b) All ungraded open space areas shall remain in their natural state, with
no additional plantings.
c) All property described on Attachment “A” as a golf course shall remain as
open space until such time as a golf course is deemed necessary for
implementation. At no time shall any residential development occupy that
area designated as a golf course.
d) Public play shall be provided to the golf course, at such time a golf
course is warranted for development. The exact terms and agreements between
the developer and the City shall be negotiated prior to opening of the
E. Hillside Development and Grading
This subsection pertains to the design and development of prominent hilltop
and ridgeline areas as shown on Attachment “A”. This section is required due
to the physical nature of the property. All requirements for development, as
outlined in PD-18, shall be complied with in addition to this subsection.]
1. Ridge Views
Off-site views of distant ridgelines as seen off-site (looking west and
northwest) should not be impaired and shall be protected.
2. Pad Grading
a) All 2:1 slopes shall not exceed 20 feet between pads, shall be located in
rear or side yards, and shall be hidden from public view. All plot plans
shall give final pad elevations and top of slope elevations for each lot.
b) Every means shall be undertaken to provide split level lots (vertical and
horizontal) which correspond to the natural contour.
c) All building pads that do not drain to the street shall have drains
installed in the rear portion of the lot for horizontal rear yard split
level lots. All other lots shall drain to the front of the lot and away from
the house foundation. Individual lot drains shall be installed, where
3. Contour Grading.
Cut and fill slopes shall be designed without long uninterrupted flat
surfaces, meaning that the slopes shall be sculptured with existing contour
and without sharp angels of intersection at top and bottom of slopes. Slopes
shall be rounded at top and bottom, and wherever constructed slopes shall
blend with existing topography.
4. Erosion Control.
Slope and pads graded and left longer than 90 days should be hydroseeded or
planted with non-irrigated materials and allowed to naturalize. During the
rainy season (October 15 through April 15), slopes and pads graded and left
longer than 30 days should be hydroseeded or planted with non-irrigated
materials and allowed to naturalize.
5. Wall and Fence Location.
All masonry soundwalls, park, golf course, and “good neighbor” fences shall
be set back a minimum of one (1) foot at the top of slope. All lots which
abut the golf course shall have a six (6) foot high wrought iron fence with
brick columns or similar materials planned for project consistency set at
thirty (30) foot intervals.
6. Architectural Design.
This subsection is to provide direction for the design and construction of
homes within this subarea, due to the physical nature of this subarea.
a) A variety of roof orientations and types which emphasize roof pitches
reflecting the overall slope of the hillside are required.
b) Large, two-story unbroken wall expanses which face public view shall be
avoided, in which wall expanses shall be enhanced through varied
c) Exterior finishes of dwelling units and structures shall blend in with
natural surroundings of the area and shall not dominate the natural
d) The need for building skirting shall be kept at a minimum by stepping the
foundation and using appropriate hillside architectural designs.
e) Building height and scale shall respond to the existing terrain.
f) All side split level lots shall be limited to a two (2) car garage.
However, through the design review process, a third car garage may be
allowed if the garage is side entry and offset from the main plane of the
1. Street Standards.
a) All public and private street standards within the development area shall
conform with those standards adopted by the Department of Public Works for
residential collector and cul de sac streets. However, the Parkway road
which provides access to the project shall have a ROW of ninety-six (96)
feet. Single loaded parkway areas next to the golf course shall have a
reduced street width, eliminating the parking lane. The road standard shall
be shown on an approved vesting tentative map.
b) Private streets within gated areas shall be allowed to have a sidewalk on
one side of the street only.
c) All on-street parking and sidewalks shall be eliminated on streets which
abut the golf course.
2. Light Standards.
Street lights for the parkway and local residential streets, pedestrians,
and lights for walkways shall be staggered on each side of the street, and
the standards for the public streets shall be approved by the Department of
Public Works. In no case, shall lighting spill over into private lots from
the neighborhood commercial, park and driving range facilities.
A. This Ordinance shall be published in accordance with applicable law, by
one or more of the following methods:
1. Posting the entire Ordinance in at least three (3) public places in the
City of Brentwood, within fifteen (15) days after its passage and adoption;
2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a
newspaper of general circulation published in the County of Contra Costa and
circulated in the City of Brentwood, within fifteen (15) days after its
passage and adoption; or
3. Publishing in the 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
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 14th day of June, 2005,
and adopted at a regular meeting of Brentwood City Council on the ____ day
of __________, 2005, by the following vote: