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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: August 9, 2005

Subject/Title: Introduce and waive the first reading of an ordinance amending Planned Development 35 (PD-35) by adding 5.36 acres to Subarea D in order to establish development standards for this acreage and reducing the maximum height in this Subarea from 35’ to 30’. The property is generally located east of Windy Springs Lane and north and south of Amber Lane, north of the EBMUD aqueduct.

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director

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 35 adding 5.36 acres into Subarea D in order to establish development standards for this portion of the PD (for which no development standards currently exist) and reducing the maximum allowable height of residences in this Subarea from 35’ to 30’.

PREVIOUS ACTION
The property was zoned PD-35 for low density residential uses at the time it was annexed to the City in November 1998. This portion of PD-35 is still part of this original “shell” PD established at that time and does not have development standards associated with it. A minor subdivision was approved by the Planning Commission on July 19, 2005 for a 4-lot subdivision and 1 remainder lot on the Valverde property which is within the area which is being added to Subarea D of PD-35.

BACKGROUND
As development has occurred within other areas of PD-35, Subareas have been created to establish development standards for these new developments. There are currently 8 different subareas within PD-35. Since this project is directly adjacent Subarea D (currently being developed as Mission Peak’s Amber Park subdivision), staff is recommending this project be included within Subarea D, which would provide continuity of development standards in that area.

At the Public Hearing before the Planning Commission on July 19, 2005 for this application, the Planning Commission recommended approval by a 5-0 vote with a change to the proposed ordinance which would reduce the maximum height within this Subarea of PD-35 from 35’ to 30’. The majority of single-family residential zoning designations within the City limit the height of the homes to a maximum of 30’. In order to promote consistency amongst different residential zoning designations, this change to a maximum 30 ft. building height has been incorporated into the proposed amendment recommended by the Planning Commission and staff for the Council’s consideration. As all of the models within the Amber Park subdivision are approved at heights at or less than 29 ft., this change in the maximum height for this Subarea would not have any adverse impact on that project.

The proposed development standards are as follows:

17.485.021 Regulations for Lot Area, Yards, Structure Height, and Other Regulations for Development within PD-35 Subarea “D”.


A. Single Family Residential - 8,000 SF to 19,999 SF Minimum
1. Minimum Lot Area:
The minimum lot area shall be 8,000 square feet.

2. Minimum Lot Width:
The minimum lot width, as measured at the front building line, shall be seventy (70) feet.

3. Minimum Street Frontage:
The minimum street frontage shall be thirty (30) feet.

4. Minimum Front Yard Setback:
The standard building setback shall be a minimum of fifteen (15) feet with an average overall setback of twenty (20) feet. Thirty (30)% or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty (20) feet as measured from property line to garage lip.

5. Minimum Side Yard Setback:
Side yard setbacks shall be fifteen (15) feet aggregate, with seven (7) feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten (10) feet. Rear yard garages: A proposed detached garage structure may be located within the side yard up to a "zero" setback (three feet per Uniform Building Code). Side yard setback minumums for cul-de-sac or knuckle non-rectangular lots shall be seven (7) feet at the front corners of the structure. When the side of the house is not parallel to a property line, the average aggregate side yard setback shall no be less than fifteen (15) feet.

6. Minimum Rear Yard Setback:
The rear yard setback for lots shall be a minimum of twenty (20) feet as measured from the property line to the building foundation. Rear yard garages: The proposed garage structure may be located within the rear yard up to a "zero" setback (three feet as per the Uniform Building Code).

7. Projections into Setback Areas:
Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setbacks as per Brentwood Municipal Code 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the front property line.

8. Setbacks from Sidewalks:
Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
The maximum building height for all structures shall not exceed thirty (30) feet.

10. Fences
Minimum clearance from any part of the residence to a sideyard fence shall be five (5) feet. Sideyard fences on the street side of corner lots shall be five (5) feet behind the back of walk, or one (1) foot from the top of slope, whichever is greater.

Single Family Residential - Greater Than 20,000 SF
1. Minimum Lot Area:
The minimum lot area shall be 20,000 square feet.

2. Minimum Lot Width:
The minimum lot width, as measured at the front building line,
shall be ninety (90) feet.

3. Minimum Street Frontage:
The minimum street frontage shall be forty five (45) feet.

4. Minimum Front Yard Setback:
The standard building setback shall be a minimum of fifteen (15) feet with an average overall setback of twenty (20) feet. Thirty (30)% or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back minimum of twenty (20) feet.

5. Minimum Side Yard Setback:
Side yard setbacks shall be thirty (30) feet aggregate, with twelve (12) feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of fifteen (15) feet. Rear yard garages: The proposed garage structure may be located within the side yard up to a ten (10) foot setback.

6. Minimum Rear Yard Setback:
The rear yard setback for lots shall be a minimum of twenty (20) feet with an average overall setback of at least twenty (20) feet as measured from the property line to the building foundation. Rear yard garages: The proposed garage structure may be located within the rear yard up to a "zero" setback (three feet as per the Uniform Building Code).

7. Projections into Setback Areas:
Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setbacks as per Brentwood Municipal Code 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the front property line.

8. Setbacks from Sidewalks:
Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
The maximum building height for all structures shall not exceed thirty (30) feet.

FISCAL IMPACT
Fiscal impact to the City would be positive. Although the establishment of development standards themselves does not create a fiscal impact, this action will allow the subdivision and future construction of homes in this area to proceed, thereby creating property tax revenue.

Attachments:
Ordinance amending Planned Development 35
Subarea Map

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 35 BY ADDING 5.36 ACRES TO SUBAREA D IN ORDER TO ESTABLISH DEVELOPMENT STANDARDS FOR THIS ACREAGE AND REDUCING THE MAXIMUM HEIGHT IN THIS SUBAREA FROM 35’ TO 30’. THE PROPERTY IS GENERALLY LOCATED EAST OF WINDY SPRINGS LANE AND NORTH AND SOUTH OF AMBER LANE, NORTH OF THE EBMUD AQUEDUCT.

WHEREAS, the applicant, Fred Valverde, has filed for an amendment to Planned Development 35 in order to establish specific development standards to accommodate his project (Minor Subdivision 356-04); and

WHEREAS, on July 19, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 05-51 which recommended the approval of the zoning amendment for Planned Development 35; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on July 29, 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 August 9, 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 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. 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.

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

Section 1.

A. Directs staff to file the Notice of Exemption with the County Clerk.

Section 2.

A. Approves the zoning amendment adding 5.68 acres to Subarea D, identified as Assessor’s Parcel Numbers 019-050-018 and 019-050-019, as shown on Exhibit A.

B. Amends Chapter 17.485 of the Brentwood Municipal Code providing amended development standards for PD-35 as follows:

17.485.021 Regulations for Lot Area, Yards, Structure Height, and Other Regulations for Development within PD-35 Subarea “D”.


B. Single Family Residential - 8,000 SF to 19,999 SF Minimum
1. Minimum Lot Area:
The minimum lot area shall be 8,000 square feet.

2. Minimum Lot Width:
The minimum lot width, as measured at the front building line, shall be seventy (70) feet.

3. Minimum Street Frontage:
The minimum street frontage shall be thirty (30) feet.

4. Minimum Front Yard Setback:
The standard building setback shall be a minimum of fifteen (15) feet with an average overall setback of twenty (20) feet. Thirty (30)% or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty (20) feet as measured from property line to garage lip.

5. Minimum Side Yard Setback:
Side yard setbacks shall be fifteen (15) feet aggregate, with seven (7) feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten (10) feet. Rear yard garages: A proposed detached garage structure may be located within the side yard up to a "zero" setback (three feet per Uniform Building Code). Side yard setback minumums for cul-de-sac or knuckle non-rectangular lots shall be seven (7) feet at the front corners of the structure. When the side of the house is not parallel to a property line, the average aggregate side yard setback shall no be less than fifteen (15) feet.

6. Minimum Rear Yard Setback:
The rear yard setback for lots shall be a minimum of twenty (20) feet as measured from the property line to the building foundation. Rear yard garages: The proposed garage structure may be located within the rear yard up to a "zero" setback (three feet as per the Uniform Building Code).

7. Projections into Setback Areas:
Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setbacks as per Brentwood Municipal Code 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the front property line.
8. Setbacks from Sidewalks:
Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
The maximum building height for all structures shall not exceed thirty (30) feet.

10. Fences
Minimum clearance from any part of the residence to a sideyard fence shall be five (5) feet. Sideyard fences on the street side of corner lots shall be five (5) feet behind the back of walk, or one (1) foot from the top of slope, whichever is greater.


Single Family Residential - Greater Than 20,000 SF
1. Minimum Lot Area:
The minimum lot area shall be 20,000 square feet.

2. Minimum Lot Width:
The minimum lot width, as measured at the front building line, shall be ninety (90) feet.

3. Minimum Street Frontage:
The minimum street frontage shall be forty five (45) feet.

4. Minimum Front Yard Setback:
The standard building setback shall be a minimum of fifteen (15) feet with an average overall setback of twenty (20) feet. Thirty (30)% or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back minimum of twenty (20) feet.

5. Minimum Side Yard Setback:
Side yard setbacks shall be thirty (30) feet aggregate, with twelve (12) feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of fifteen (15) feet. Rear yard garages: The proposed garage structure may be located within the side yard up to a ten (10) foot setback.

6. Minimum Rear Yard Setback:
The rear yard setback for lots shall be a minimum of twenty (20) feet with an average overall setback of at least twenty (20) feet as measured from the property line to the building foundation. Rear yard garages: The proposed garage structure may be located within the rear yard up to a "zero" setback (three feet as per the Uniform Building Code).
7. Projections into Setback Areas:
Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setbacks as per Brentwood Municipal Code 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the front property line.

8. Setbacks from Sidewalks:
Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9. Maximum Building Height:
The maximum building height for all structures shall not exceed thirty (30) feet.

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 9th day of August, 2005, and adopted at a regular meeting of Brentwood City Council on the ____ day of __________, 2005, by the following vote:

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