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CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: February 28, 2006

Subject/Title: A Rezone (RZ 06-04) to amend Sub Area “F” of the PD-67 Zone, correcting minor discrepancies between the approved building setbacks and the approved master plotting plan for the cluster homes within the Siena Village project, located off of Cortona Way, north of Balfour Road and west of the State Route 4 Bypass

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION

Introduce and waive the first reading of an Ordinance approving the Rezone.

PREVIOUS ACTION

• A Tentative Parcel Map (MS 354-00) was approved by the Planning Commission on February 6, 2001 to create four parcels and one remainder parcel from a 13-acre parcel.

• A Rezone from PD-15 to R-3 was approved by the City Council on November 27, 2001 as part of the General Plan Update.

• A Vesting Tentative Subdivision Map (VTSM 8781) to subdivide approximately 11 acres into 90 single-family residential lots and two parks, including Design Review (DR 03-27) for four models of homes, was approved by the Planning Commission on September 7, 2004.

• A General Plan Amendment (GPA 03-03) from 11.38 acres of High Density Residential and 15 acres of General Commercial to 4.8 acres of Very High Density Residential, 11 acres of Medium Density Residential and 10.58 acres of General Commercial was approved by the City Council on October 12, 2004.

• A Rezone (RZ 03-14) from PD-18 and R-3 to PD-67 with the establishment of development standards and the creation of six Sub Areas for a mixed-use development allowing very high density and medium density residential land uses on the northern approximately 16 acres and commercial uses on the southern approximately 10 acres was approved by the City Council on October 26, 2004.

• A Tentative Parcel Map (MS 358-04) was approved by the Planning Commission on November 16, 2004 to resubdivide an 11.74-acre area into four parcels and a remainder.

• At its regular meeting of February 7, 2006, the Planning Commission unanimously recommended that the City Council approve the requested Rezone, by passing Resolution No. 06-04.

BACKGROUND

Entitlement History

The Siena Village project, formerly known as the Cox Property, consists of approximately 26 acres, located at the northwest corner of Balfour Road and the State Route 4 Bypass. The site has received a variety of land use entitlements over the last five years, beginning in February of 2001, when the Planning Commission approved a Tentative Parcel Map to create four parcels and a remainder on 13 acres located in the southern portion of the site. Later that year, the City Council rezoned the northern 11 acres from PD-15 to R-3, as part of the General Plan Update.

In late 2004, the City Council approved a General Plan Amendment to modify the land use mix within the 26-acre site, as well as a Rezone to establish development standards for the site, divided into six Sub Areas based on the land uses that were proposed. In conjunction with those approvals, the Planning Commission approved a Vesting Tentative Subdivision Map for 90 single-family residential lots and an accompanying Design Review for four models of homes to be built on those 90 lots. Additional entitlements for Siena Village include a Design Review for retail uses across from Fire Station No. 52 (including the Bank of Agriculture & Commerce and Walgreens), Conditional Use Permits for McDonald’s and Chevron, a Design Review for a two-story office building directly north of McDonald’s and Chevron, and a Design Review for a 120-unit senior apartment/assisted living complex directly south of the single-family homes.

Current Status

At this time, the majority of infrastructure improvements (streets, utilities, etc.) within Siena Village have been completed. With regard to the various uses that have been approved, construction has not yet begun on the bank and Walgreens project. McDonald’s and Chevron began construction late last summer, and opened in early January of this year. The office building and senior apartment complex are yet to be under construction. Finally, the single-family homes are under construction, with the model sales complex nearing completion.

PROJECT DESCRIPTION

This Rezone application is being requested by the City as a result of discovering a few minor discrepancies between the approved building setbacks for the single-family homes and the approved master plotting plan for the homes, as identified in Sub Area “F” of the PD-67 Zone. The majority of the homes are arranged in “clusters” of four, with a common private driveway serving each home. The typical configuration consists of two homes (Plans 1 and 2) fronting a public street, and two homes (Plans 3 and 4) behind them.

The setbacks were approved in conjunction with RZ 03-14 in October of 2004, and the plotting plan was approved in conjunction with the design review for the cluster homes. Unfortunately, the focus of the approval process was on the graphic representation of the home locations, and not the setbacks. As a result, staff noticed a few discrepancies during review of the building permit applications for the four models currently under construction. Further building permit activity has been halted, pending resolution of the discrepancies.

The specific request is to modify the front yard setback for Plans 3 and 4, since a minimum of 8-feet is currently required and the plotting plan shows 5-feet. In addition, Plans 3 and 4 are currently allowed to encroach into the respective rear yards to accommodate a breakfast nook, but the encroachment is not quantified. Per the approved design review application, Plan 3 includes a nook that projects 1’6” beyond the rear plane of the house, and Plan 4 includes a nook that projects 2’6” beyond the rear plane of the house. Finally, there are two lots (88 – Plan 4; and 90 – Plan 3) that are plotted with rear yard setbacks of 14 feet, where a minimum of 15-feet is currently required.

ANALYSIS

The primary purpose in staff initiating this amendment to the PD-67 Zone is to ensure that each home is constructed with the appropriate building setbacks, resulting in a legal structure that can subsequently be modified and/or sold without questioning whether it conforms to the setbacks or not.

Staff believes that the identified discrepancies are minor oversights that are, at least in part, a product of reviewing development standards for six different Sub Areas in conjunction with the master plan for Siena Village. It is ultimately staff’s responsibility to ensure that all development standards (including setbacks) match the plotting plan. As a result, staff is requesting that these discrepancies be corrected.

It is staff’s opinion that approval of the proposed amendment is appropriate for a few reasons. First, the approved master plotting plan shows the homes as they are currently being constructed, so while the actual setbacks for Plans 3 and 4 do not match the setbacks identified by PD-67, the developer is not proposing to change anything that was originally shown on the plotting plan. Second, the floor plans and building elevations for each home were previously approved by the Planning Commission, and the developer is simply trying to construct the homes in accordance with those plans. Third, and finally, no adverse impacts to surrounding property owners will result, since the homes will be constructed in accordance with the approved master plotting plan.

FISCAL IMPACT

The applicant is required to pay all relevant fees as specified in the conditions of approval for the Vesting Tentative Subdivision Map. 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 neighborhood.

Attachments:
Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 06-04) TO AMEND SUB AREA “F” OF PD-67, CORRECTING MINOR DISCREPANCIES BETWEEN THE APPROVED BUILDING SETBACKS AND THE APPROVED MASTER PLOTTING PLAN FOR THE 90 CLUSTER HOMES WITHIN THE SIENA VILLAGE PROJECT, LOCATED OFF OF CORTONA WAY, NORTH OF BALFOUR ROAD AND WEST OF THE STATE ROUTE 4 BYPASS (APN 019-760-009).

WHEREAS, the City of Brentwood has requested approval of a Rezone application to amend Sub Area “F” of the PD-67 Zone, in order to correct minor discrepancies between the approved building setbacks and the approved master plotting plan for the 90 cluster homes within the Siena Village project, located off of Cortona Way, north of Balfour Road and west of the State Route 4 Bypass; and

WHEREAS, the master plotting plan for the Siena Village cluster homes was approved by the Planning Commission on September 7, 2004, as part of Design Review No. 03-27, by Resolution No. 04-55; and

WHEREAS, the master plotting plan shows the locations and setbacks for the four house plans to be built on the 90 single-family residential lots within Siena Village; and

WHEREAS, development standards for PD-67 were approved by the City Council on October 26, 2004, as part of Rezone No. 03-14, by Ordinance No. 786, including Sub Area “F”; and

WHEREAS, the development standards include building setbacks for the four house plans; and

WHEREAS, an Initial Study and Mitigated Negative Declaration were previously prepared for the Siena Village project in accordance with the California Environmental Quality Act (CEQA) and, therefore, no further environmental documentation is necessary; and

WHEREAS, minor discrepancies between the approved building setbacks and the approved master plotting plan were discovered subsequent to the previously referenced project approvals in September and October of 2004; and

WHEREAS, said discrepancies relate to Plans 3 and 4, including front yard setbacks, rear yard encroachments, and rear yard setbacks; and

WHEREAS, an amendment to Sub Area “F” of the PD-67 Zone is necessary in order to correct the noted discrepancies; and

WHEREAS, on February 7, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments, and unanimously passed Resolution No. 06-04 which recommends that the City Council approve the requested Rezone; 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 February 17, 2006, in accordance with City policies and Government Code 65090; and
WHEREAS, the City Council of the City of Brentwood considered this request at a public hearing at its regular meeting of February 28, 2006, and considered the staff report, the Planning Commission recommendation, all accompanying information, and testimony received from all interested parties; and

NOW, THEREFORE, BE IT FURTHER ORDAINED by the City Council of the City of Brentwood that:

1. The following supporting findings for this application as required by Section 17.870.008 of the City Zoning Ordinance are made:

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

B. The proposed amendment to PD-67 has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

C. The proposed amendment to PD-67 is consistent and compatible with the goals, policies, and implementation programs set forth in the General Plan; and

D. 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 is consistent with the general intent and spirit of the Zoning Ordinance and with the City's General Plan, including all relevant elements thereof; and

E. The proposed amendment to PD-67 will not result in any adverse impacts to surrounding properties, as the building setbacks will match the master plotting plan for Siena Village, which was previously reviewed and approved by the Planning Commission; and

F. The proposed amendment to PD-67 will ensure that the proposed cluster homes are built in accordance with the approved master plotting plan for Design Review No. 03-27.

2. Rezone No. 06-04, as shown on Exhibit "A" to this Ordinance, amending Sub Area “F” of the PD-67 Zone, is approved.

3. Chapter 17.524 of the Brentwood Municipal Code is hereby amended for the purpose of regulating certain real property and amending certain development standards for Sub Area “F” of the PD-67 Zone, which includes that area within the boundaries of Final Subdivision Map No. 8953.

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

5. Development standards for Sub Area “F” of the PD-67 Zone are hereby included as shown in Exhibit "B" attached hereto and made a part of this Ordinance.

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

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

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

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

8. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

9. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THIS ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 28th day of February 2006, by the following vote:

Exhibits:
Exhibit "A" – Development standards for Sub Area “F” of the PD-67 Zone

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT STANDARDS FOR SUB AREA “F” OF THE PD-67 ZONE

(added text is bolded and deleted text is stricken)

COX PROPERTY MIXED USE

17.524.001 AUTHORITY, PURPOSE, AND INTENT

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

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

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

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

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

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

17.524.008 OTHER REGULATIONS

17.524.009 SUB AREA MAP

17.524.001 AUTHORITY, PURPOSE, AND INTENT:

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

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

B. PURPOSE: The purpose of the PD-67 Zone is to permit and regulate the orderly development of the area as shown on Attachment “A” in accordance with the Brentwood General Plan for medium density residential, very high density residential, and general commercial uses. The PD-67 Zone is divided into six (6) sub areas as shown on Attachment “A” the Sub Area Map in Section 17.524.009.

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

17.524.007

C) GENERAL DEVELOPMENT STANDARDS IN SUB AREA “F”

1. Minimum Lot Area: 3,000 square feet
2. Minimum Lot Width: 40 feet
3. Minimum Lot Depth: 40 feet
4. Minimum Lot Frontage: 40 feet, or 20 feet for lots on cul-de-sacs, knuckles or curvilinear streets at front property line and rear property lines for reverse pie shaped lots.
5. Minimum Front Yard Setback: 20 feet for street facing garages; 8 feet for turned garages and living spaces and 8 feet for front porches measured to the front property line Plans 1 and 2; 5 feet for Plans 3 and 4
6. Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots the street side yard shall be a minimum of 5 feet
7. Minimum Rear Yard Setback: 5 feet (Plan 1 and 2) and 15 14 feet (Plan 3 and 4 - excluding Breakfast Nook Popouts up to a maximum of 3 feet)
8. Maximum Building Height: Three stories, not to exceed thirty-five feet
9. Maximum Lot Coverage: 50%
10. Maximum Number of Units: 90
11. Off-street parking shall be provided in accordance with Chapter 17.620 of the Brentwood Municipal Code
12. No single-story plans are required
13. General Development Design and Site Development Review Requirements Development within Sub Area “F” shall be subject to Design and Site Development Review pursuant to Chapter 17.820, other applicable criteria established by the City through policy or resolution, and the Architectural Design Guidelines prepared for the Cox Property. Generally,

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

The recommended residential architectural style is Tuscan, French, Spanish – Mediterranean. This vocabulary has its historical roots in the villas and villages of the inland French and Italian Mediterranean regions of Provence and Tuscany and has a palette of cut and rustic stone with hues of rose, buff and ochre, ornamental carved or cast stone, terra cotta colored roof tile, awning shutters, detailed iron work, and plants potted in terra cotta pots. Identifying features may consist of:

• Walls are generally stucco, smooth and in earth tone colors
• Roofs are typically ‘S’ and barrel tiles at low pitch’s
• Doors and windows are generally recessed into thick walls
• Accents include tile surround, metal railings, shutters and awnings
• Use of stone looking columns and window and door surrounds
• The use of trellis

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

17.524.09 SUB AREA MAP
 

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