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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: September 27, 2005

Subject/Title: Second Reading and adoption of Ordinance No. 810 to amend the PD-46 Zoning District for the Barrington Project

Prepared by: Winston Rhodes, Senior Planner

Submitted by: Howard Sword, Community Development Department Director
___________________________________________________________________

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 810 approving an amendment to the PD-46 Zoning District.

BACKGROUND
At its meeting of September 13, 2005, the City Council certified the related Barrington project Environmental Impact Report, approved a related Tentative Subdivision Map (TSM8548) to subdivide approximately 160 acres for 494 single-family lots, a 12-acre school site, 7.8-acre detention basin, 1.1-acre fire station, three pocket parks and related improvements, and approved a related Development Agreement for the Barrington project. The Council also introduced and waived the first reading of Ordinance No. 810. This Ordinance would amend the PD-46 Zone and provide site-specific development standards within seven subareas that comprise the Barrington project and guide future development of the 160 acres located south of Sunset road, immediately west of the current City limits, north of Jennifer Street, and east of Connor Way.

FISCAL IMPACT
The project developer is required to pay all relevant fees as specified in the conditions of approval for the previously approved related Tentative Subdivision Map and Development Agreement. The project, once developed, would generate additional 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 new residential area.

Attachment:
Ordinance No. 810

CITY COUNCIL ORDINANCE NO. 810

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING AMENDMENT FOR APPROXIMATELY 160 ACRES TO THE PLANNED DEVELOPMENT NO. 46 (PD 46) ZONING DISTRICT ADDING CHAPTER 17.497 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SEVEN SUBAREAS WITHIN PD-46 KNOWN AS BARRINGTON, LOCATED SOUTH OF SUNSET ROAD, IMMEDIATELY WEST OF THE CURRENT CITY LIMITS, NORTH OF JENNIFER STREET, AND EAST OF CONNOR WAY (APN 016-190-008).

WHEREAS, DeNova Homes has requested that the City approve a zoning amendment (RZ 04-14) for Planned Development District 46 (PD-46) for an approximately 160-acre property located south of Sunset Road, immediately west of the current city limits, north of Jennifer Street, and east of Connor Way known as Barrington; and

WHEREAS, DeNova Homes has requested that the City establish development standards for seven subareas within PD-46 by adding Chapter 17.497 to the Brentwood Municipal Code; and

WHEREAS, on July 19, 2005, the Planning Commission conducted a duly noticed public hearing, considered a staff report and public comments, and passed Resolution No. 05-45, which recommended in part the approval of the proposed zoning amendment and specific development standards for PD-46; and

WHEREAS, on July 19, 2005, the Planning Commission also recommended the approval of a related Tentative Subdivision Map (TSM 8548) and a Development Agreement (DA 04-03) for the Barrington project; and conditionally approved the related design review request (DR 04-33); and

WHEREAS, the City of Brentwood determined that an Environmental Impact Report (EIR) should be prepared to analyze the potential impact and any necessary mitigation measures for this project; and

WHEREAS, the draft EIR has been circulated to the State Clearinghouse, all relevant agencies and interested parties for a 45-day public comment period, per CEQA; and

WHEREAS, all comments received during the public comment period and written responses to those comments, taken together with the draft EIR, constitute the Final EIR, per CEQA; and

WHEREAS, the City has prepared and certified the final environmental impact report (the “FEIR”) dated June 2005, State Clearinghouse No. 2005012077 for the Project which consists of the Barrington Project draft EIR, all the comment letters received during the public comment period and responses, revisions to the draft EIR text, and which analyzes and evaluates the project in accordance with the requirements of CEQA, Public Resources Code Sections 21000 et seq.
WHEREAS, the City has prepared a Mitigation Monitoring Plan (the “MMP”) which includes the mitigation measures proposed for the Project in the FEIR.
WHEREAS, the FEIR was prepared for the project in accordance with CEQA and indicates that all environmental impacts of this project can be reduced to a less-than-significant level with appropriate mitigation measures; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project and published in the Brentwood Press on August 12, 2005, in accordance with City policies and Government Code 65090; and

WHEREAS, the City Council held a public hearing on the proposed zoning amendment and specific development standards on September 13, 2005, for the purpose of reviewing the request, considering the Planning Commission’s action and considering all comments made by the public with respect to the applicant 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 staff, the staff report, and all other pertinent goals, policies, regulations, and documents regarding the proposed zoning amendment and specific development standards; and

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

1. The proposed zoning amendment is consistent with and implements the General Plan and other applicable City plans because the provisions are consistent with the residential and related land use designations and with the planned density allowed for the project area; and
2. The zoning amendment provides a better land use planning approach and more comprehensive zoning designation than exists prior to the request; and
3. The site is physically suitable for the type and the density of development proposed, in that the General Plan designates the site for the proposed residential and non-residential uses, the proposed residential density is less than the maximum allowed under the General Plan and the project complies with all applicable requirements of the Zoning Ordinance; and
4. The proposed zoning amendment request has been processed in accordance with the applicable provisions of the California Government Code and CEQA, in that a FEIR and MMP has been prepared for the project; and
5. The design of the project and proposed zoning amendment request is not likely to cause serious public health problems, in that the FEIR analyzes all potential project impacts related to public health and includes mitigation measures that reduce all potentially significant impacts to less than significant levels; and
6. The City Council has reviewed and considered the FEIR. The FEIR reflects the independent judgment and analysis of the City Council. The Council has certified that the FEIR is adequate and objective and complies with CEQA and incorporates the findings and conclusions of the FEIR herein by this reference; and
7. The proposed zoning amendment will establish clear development standards for the uses permitted under the General Plan, the Zoning Ordinance, TSM 8548 and DR 04-33; and
8. The proposed zoning amendment is consistent with the City’s previously expressed intent to adopt development standards prior to or in conjunction with the approval of any specific projects.
9. The zoning amendment request will provide development standards resulting in development that is consistent and compatible with surrounding uses, in that the design of the project and the conditions of approval for the project, including all mitigation measures, will reduce impacts on surrounding property owners to less than significant levels; and
10. That the PD zoning district for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties
11. The proposed zoning amendment request will provide for adequate public uses and private open space, in that the project complies with all applicable goals and policies of the General Plan, as well as with all applicable requirements of the Zoning Ordinance; and;
12. The project 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
13. The zoning amendment request will result in more desirable use of land and an improved physical environment than would be possible under any single or combination of existing zones because the approximately 160-acre development plan has been designed in comprehensive fashion including five neighborhoods, three neighborhood parks, a trail system, a future school site, future fire station site, shared infrastructure, a combination of single-family uses and unique public amenities.
14. The zoning amendment request involves areas that have suitable relationship to one or more abutting public streets which will provide physical access to the project site, and said streets as planned are adequate to carry any traffic generated by the development, in that Sunset Road is a minor arterial that bounds the north side of the project, and the project includes the extension of minor arterial Garin Parkway, and major arterial Sand Creek Road, and that the project includes a traffic analysis that is incorporated into the FEIR, which further analyzes all potential impacts related to transportation and circulation and includes mitigation measures to reduce all potentially significant impacts to less than significant levels, and that based on the traffic analysis conducted for the project, there is sufficient capacity with appropriate improvements to accommodate the traffic anticipated to be generated by the development and the adjacent land uses in the vicinity; and
15. The plan for the proposed development presents a unified and organized arrangement of homes and service facilities which are appropriate in relation to adjacent or nearby properties, and adequate landscaping and/or screening buffers are included to ensure compatibility, where homes abut arterial roadways or are near to the future fire station site; and
16. The natural and scenic qualities of the project site are protected with adequate public open spaces designated on the development plan.
17. The effect of this ordinance on the housing needs of the region surrounding Brentwood has been considered by the City Council, which has balanced those needs against the public service needs of its residents and available fiscal and environmental resources (Government Code 65863.6)
18. The development of the project site, 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 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 does hereby ordain as follows:

Section 1.

A. Approves the zoning amendment for approximately 160 acres, identified as Assessor’s Parcel Number 016-190-008, as shown on Exhibit “A” to this Ordinance.

B. Directs City staff to amend the Municipal Code by adding Chapter 17.497 providing development standards and the accompanying subarea map for PD-46 as follows:

CHAPTER 17.497
PLANNED DEVELOPMENT 46 (PD-46) ZONE

17.497.001 AUTHORITY, PURPOSE AND INTENT
17.497.002 PERMITTED USES FOR EACH SUBAREA
17.497.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA
17.497.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A
17.497.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B
17.497.006 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C
17.497.007 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D
17.497.008 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA E
17.497.009 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA F
17.497.010 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA G
17.497.011 OTHER REGULATIONS

17.497.001 AUTHORITY, PURPOSE, AND INTENT.
The authority, purpose and intent for the adoption of the PD-46 (Planned Development 46) Zone are as follows:

A. Authority: PD-46 is adopted pursuant to the authority set fourth in Chapter 17.450, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. Purpose: The purpose of the PD-46 Zone is to permit and regulate the orderly development of the area shown in the attached Subarea Map in accordance with the Brentwood General Plan for a maximum of 494 lots. The PD-46 area is divided into seven (7) subareas as shown in Subarea Map which is attached to this ordinance and incorporated herein by reference.

C. Intent: The zoning district is intended to provide a residential area with five (5) distinct neighborhoods with a diverse mix of single family homes on various lots sizes, an elementary school site, a detention basin, a fire station site, and three parks with recreational amenities and open space in conformance with the adopted General Plan.

17.497.002 PERMITTED USES FOR EACH SUBAREA

SUBAREA A – Neighborhood 1

• Single-family dwelling units.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA B – Neighborhood 2

• Single-family dwellings units.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA C – Neighborhood 3

• Single-family dwellings units.

• Public facilities including schools and fire stations.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA D – Neighborhood 4

• Single-family dwellings units.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA E - Neighborhood 5

• Single-family dwellings units.

• Flood control facilities

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA F - (5,000 Square Foot Lots)

• Single-family dwellings units.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

SUBAREA G - (Zipper Lots)

• Single-family dwellings units.

• Parks, playgrounds, and recreation trails.

• Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone)

17.497.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA

SUBAREA A

• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

SUBAREA B

• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

SUBAREA C

• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

• Nursery, childcare, day care center.

SUBAREA D

• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

SUBAREA E

• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

SUBAREA F

• Secondary housing units subject to Section 17.100.005

• Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

SUBAREA G

• Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single family residential zone), which are subject to the granting of a conditional use permit by the City.

17.497.004 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A:

A. Minimum Lot Area: 6,400 square feet

B. Minimum Lot Width: 64 feet

C. Minimum Lot Depth: 85 feet

D. Minimum Lot Frontage: 40 feet

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading garages and living space, and 10 feet for front porches.

F. 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 8 feet and a total of 13 feet for both sides.

G. Minimum Rear Yard Setback: 20 feet for main residence and 5 feet for detached garage.

H. Maximum Building Height: 30 feet and two stories for main residence and 15 feet and one story for detached garages.

I. Minimum Detached Living Unit Rear Setback: 5 feet.

J. Minimum Detached Living Unit Side Setback: 5 feet.

K. Maximum Lot Coverage: 40 percent including main residence and detached garage area.

17.497.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B:

A. Minimum Lot Area: 6,400 square feet.

B. Minimum Lot Width: 64 feet.

C. Minimum Lot Depth: 80 feet and 55 feet for lots on cul-de-sacs, knuckles or curvilinear streets at the shortest side property line.

D. Minimum Lot Frontage: 40 feet

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading garages and living space, and 10 feet for front porches.

F. 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 10 feet and a total of 15 feet for both sides.

G. Minimum Rear Yard Setback: 20 feet.

H. Maximum Building Height: 30 feet and two stories.

I. Maximum Lot Coverage: 45 percent.

17.497.006 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C:

A. Minimum Lot Area: 5,700 square feet.

B. Minimum Lot Width: 57 feet.

C. Minimum Lot Depth: 90 feet.

D. Minimum Lot Frontage: 30 feet

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for living space or side-loading garages, and 10 feet for front porches.

F. 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 8 feet and a total of 13 feet for both sides.

G. Minimum Rear Yard Setback: 20 feet.

H. Maximum Building Height: 30 feet and two stories for main residence and 15 feet and one story for detached garages.

I. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two story units.

17.497.007 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D:

A. Minimum Lot Area: 6,700 square feet

B. Minimum Lot Width: 67 feet

C. Minimum Lot Depth: 75 feet

D. Minimum Lot Frontage: 70 feet

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading garages or living space, and 10 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots the street side yard setback shall be a minimum of 10 feet and a total of 15 feet for both sides.

G. Minimum Rear Yard Setback: 20 feet.

H. Maximum Building Height: 30 feet and two stories for main residence and 15 feet and one story for detached garages.

I. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two story units.

17.497.008 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA E:

A. Minimum Lot Area: 7,800 square feet

B. Minimum Lot Width: 75 feet

C. Minimum Lot Depth: 85 feet

D. Minimum Lot Frontage: 60 feet

E. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading garages or living space, and 10 feet for front porches.

F. Minimum Side Yard Setback: 5 feet and a total of 15 feet for both sides. For corner lots the street side yard setback shall be a minimum of 10 feet.

G. Minimum Rear Yard Setback: 20 feet.

H. Maximum Building Height: 30 feet and two stories

I. Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two-story units.

17.497.009 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA F (5,000 sq. ft. lots)

A. Minimum Lot Area: 5,000 square feet.

B. Minimum Lot Width: 50 feet.

C. Minimum Lot Depth: 100 feet.

D. Minimum Front Yard Setback: 20 feet for street facing garages.

E. Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides.

F. Minimum Rear Yard Setback: 15 feet for single-story portions, all two-story additions must maintain a minimum 20 ft.

G. Maximum Building Height: 30 feet and two stories.

H. Maximum Lot Coverage: 45 percent.

17.497.010 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA G (Zipper Lots)

A. Minimum Lot Area: 3,600 square feet.

B. Minimum Lot Width: 23 feet.

C. Minimum Lot Depth: 95 feet.

D. Minimum Front Yard Setback: 20 feet for street facing garages and 10 feet for turned garages.

E. Minimum Side Yard Setback: 4 feet and a total of 9 feet for both sides.

F. Minimum Rear Yard Setback: 5 feet.

G. Maximum Building Height: 30 feet and two stories.

H. Maximum Lot Coverage: 40 percent.

17.497.011 OTHER REGULATIONS:

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

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

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 provided lot coverage does not exceed 50 percent.

E. Architectural features may project into any required yard pursuant to the provision of Chapter 17.660 with the following exceptions:

a. Pop-outs at garage doors may encroach 2’-0” feet into front yard setback.

b. Non-structural elements including flatwork, column flairs, architectural elements, overhangs, and decorative build-outs may encroach up to 2’-0” into all setbacks.

c. Setbacks for side loading garages are to be measured to structural walls. Built-out or recessed window elements may encroach up to 2’-0” into front yards.

F. Lot width for lots on cul-de-sacs, knuckles or curvilinear streets shall be measured thirty (30) feet from the front property line.

G. The development of this zoning district shall be substantially in accordance with the Development Plan. Variations in the Development Plan including street and lot pattern may be approved though the subdivision map process.

H. Fences shall be set back a minimum of 5 ft. from a side yard property line. The homeowner shall be responsible for planting and maintaining attractive landscaping in the area between the fence and sidewalk.

PD–46 SUBAREA MAP

Section 2.

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 Brentwood Press 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 3. 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 13th day of September 2005 and adopted at a regular meeting of the Brentwood City Council on the 27th of September 2005, by the following vote:
Attachments: Exhibit "A" – Location Map for PD-46 Zoning Amendment

Location Map
PD-46 Zoning Amendment (RZ 04-14)
 

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