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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: June 13, 2006

Subject/Title: Second reading and adoption of Ordinance No. 827 approving the appeal of a Rezone (RZ 05-04) on approximately 134 acres to establish development standards for the mixed-use Bridle Gate project site, located west of the State Route 4 Bypass, on both sides of the Sand Creek Road extension. (APN 019-082-005)

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 827.

PREVIOUS ACTION
At its meeting on May 23, 2006, the City Council waived the first reading of Ordinance No. 827 on a 4-0 vote (Mayor Swisher was absent).

PROJECT DESCRIPTION
The proposed PD-36 amendment includes the establishment of permitted and conditionally permitted uses, as well as development standards, for the 134-acre project site. Currently, PD-36 is a “shell” PD, in that no regulations exist. Therefore, before any development of this site can be approved, these uses and standards must be created. The proposed language for PD-36 is included in the attached ordinance.

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with 166 single-family homes, open space, parks, and trails in accordance with a subdivision map (VTSM 8506) and design review (DR 01-12) application that was approved by the Planning Commission on June 6, 2006. Future development will also include 34.58-acres of non-residential uses on the north side of Sand Creek Road, directly west of the Bypass. The City Council made two minor modifications to the proposed language for PD-36 during the public hearing for the first reading, including an increase in the maximum building height for 10 of the 42 executive lots and adding a section relative to the preservation, restoration, and enhancement of Sand Creek, both of which are reflected in the attached ordinance.

FISCAL IMPACT
Approval of this request will allow the applicant to move forward with various infrastructure improvements and construction of the 166 proposed single-family homes. This will result in property tax revenue for the City, but will also result in increased service costs. Ultimate construction of the 34.58-acre non-residential area will result in increased jobs and sales tax revenue for the City.

Attachments:
Ordinance

ORDINANCE NO. 827

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE APPEAL OF A REZONE (RZ 05-04) ON APPROXIMATELY 134 ACRES TO ESTABLISH DEVELOPMENT STANDARDS FOR THE MIXED-USE BRIDLE GATE PROJECT SITE, LOCATED WEST OF THE STATE ROUTE 4 BYPASS, ON BOTH SIDES OF THE SAND CREEK ROAD EXTENSION (APN 019-082-005).

WHEREAS, Discovery Builders, Inc. has requested approval of a General Plan Amendment and Rezone on approximately 134 acres located west of the State Route 4 Bypass, on both sides of the Sand Creek Road extension, in order to facilitate development of the “Bridle Gate” project (DA 04-02; VTSM 8506; and DR 01-12); and

WHEREAS, the applicant is requesting a General Plan Amendment to modify the text of Special Planning Area E, including the proposed land use mix; and

WHEREAS, the applicant is concurrently requesting a Rezone to establish development standards for the project site; and

WHEREAS, the General Plan Amendment, Rezone, and additional requested entitlements for the project were considered at a public hearing before the Planning Commission on April 19, 2005, and the Commission voted 4-1 to deny the General Plan Amendment and Rezone via Resolution No. 05-26, which includes appropriate findings; and

WHEREAS, the applicant subsequently appealed the decision of the Planning Commission to the City Council; and

WHEREAS, the appeal was considered at a public hearing before the City Council on June 14, 2005, and the Council voted 2-1 to refer the project back to the Planning Commission for additional consideration; and

WHEREAS, after several months of working with City staff, the applicant did not make any substantive changes to the project and requested that it be placed on the next available Planning Commission agenda; and

WHEREAS, the General Plan Amendment, Rezone, and additional requested entitlements for the project were considered at a public hearing before the Planning Commission on November 1, 2005, and the Commission voted 3-2 to deny the General Plan Amendment and Rezone via Resolution No. 05-82, which includes appropriate findings; and

WHEREAS, the applicant subsequently appealed the decision of the Planning Commission to the City Council; and

WHEREAS, the appeal was considered at a public hearing before the City Council on January 10, 2006, and the Council voted 4-0 to approve the appeal, subject to the applicant making specific revisions to the project, with City staff returning the appeal to the Council at a future date for review and approval of the revisions, culminating in the formal approval of the appeal; and

WHEREAS, after several months of working with City staff, the applicant has made substantial revisions to the project, as requested by the City Council, including preserving the dominant hill form on the project site, maintaining approximately 40% of the project area for public open space and park use, and preparing a new noise study to adequately address potential noise impacts as a result of the project; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood Press on April 21, 2006, in accordance with City policies and Government Code Section 65090; and

WHEREAS, on May 23, 2006, 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, and all other pertinent goals, policies, regulations, and documents regarding the proposed Rezone; and

WHEREAS, on May 23, 2006, the City Council passed Resolution No. ___ approving the appeal of General Plan Amendment No. 01-01.

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

A. Hereby finds that:

1. The proposed Rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

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

3. The design of the project is not likely to cause serious public health problems; and

4. The proposed Rezone will establish clear development standards for the uses permitted under the General Plan, Zoning Ordinance, and conditionally approved entitlements for the “Bridle Gate” project; and

5. The proposed Rezone will provide standards resulting in development that is consistent and compatible with surrounding uses; and

6. The proposed Rezone will provide for adequate public uses and private open space; and

7. The project will generate a level of traffic that can be accommodated by the public circulation system, existing or planned; and

8. The project will serve the housing 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); and

9. The proposed development will clearly result in a more desirable use of land, and a better physical environment than would be possible under any combination of zones; and

10. The proposed Rezone is on property that has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any traffic generated by the development; and

11. The plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties, and adequate landscaping and/or screening is included if necessary to ensure compatibility; and

12. The natural and scenic qualities of the site are protected, with adequate available public and private open spaces designated on the development plan; and

13. 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 consistent with 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; and

14. The revisions made by the applicant to the project since the January 10, 2006 City Council meeting have addressed all issues raised at that time.

B. Hereby approves Rezone No. 05-04 for the approximate 134-acre site as requested and as reflected in the attached Exhibit “A”, and directs City staff to make the appropriate changes to the Brentwood Municipal Code.

C. Hereby approves the appeal filed by Discovery Builders, Inc. relative to the denial of Rezone No. 05-04 via Planning Commission Resolution No. 05-26 and Planning Commission Resolution No. 05-82.

PASSED by the City Council of the City of Brentwood at its regular meeting of May 23, 2006, by the following vote:

Exhibits:
“A” – Development standards for the PD-36 Zone

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 827
DEVELOPMENT STANDARDS FOR PD-36

CHAPTER 17.486
PD-36 (PLANNED DEVELOPMENT NO. 36) ZONE
BRIDLE GATE

17.486.001 AUTHORITY, PURPOSE AND INTENT

17.486.002 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “A” (MIXED-USE BUSINESS PARK AREA)

17.486.003 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “B” (REGIONAL COMMERCIAL AREA)

17.486.004 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “C” (SINGLE-FAMILY RESIDENTIAL AREA – 5,000 SQUARE FEET MINIMUM LOT SIZE)

17.486.005 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “D” (SINGLE-FAMILY RESIDENTIAL AREA – 10,000 SQUARE FEET MINIMUM LOT SIZE)

17.486.006 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “E” (OPEN SPACE AND RECREATION AREA)

17.486.007 OTHER REGULATIONS

17.486.008 SUBAREA MAP FOR PD-36


17.486.001 AUTHORITY, PURPOSE AND INTENT:

The authority, purpose and intent for the adoption of the PD-36 (Planned Development No. 36) Zone are as follows:

A. AUTHORITY: The PD-36 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-36 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 mixed-use business park, regional commercial, single-family residential, and open space and recreation uses. The PD-36 Zone is divided into five (5) subareas as shown in Section 17.486.008.

C. INTENT: The PD-36 Zone is intended to provide a distinguished mixed-use area in conformance with the adopted General Plan.

17.486.002 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “A” (MIXED-USE BUSINESS PARK AREA)

PERMITTED USES FOR SUBAREA “A”
1. Business, professional, financial, and medical offices;

2. Light industrial uses, including by way of example but not limited to, computer software and biotechnology companies, medical supply companies, medical, dental, and optical laboratories, and warehouses (distribution and wholesale);

3. Research and development facilities;

4. Light manufacturing uses, such as small assembly and printing shops, which generate minimal noise, odor, smoke, waste material, and other similar impacts;

5. Uses that manufacture their primary product on the premises, such as a drapery shop, cabinet shop, or upholstery shop, including ancillary retail sale of these products;

6. General retail sales, including food service, that do not exceed 10% of the respective building area;

7. Financial institutions;

8. Commercial services, including by way of example but not limited to, barber and beauty shops, laundry and dry cleaning facilities, copying and printing facilities, electronic repair facilities, small equipment rental and repair, technology access and telecommuting centers, messenger and stenographic services, and travel agencies;

9. Other similar uses as determined by the Community Development Director.

CONDITIONALLY PERMITTED USES FOR SUBAREA “A”

1. Public and quasi-public uses such as hospitals, convalescent hospitals, and business and technical schools;

2. Health clubs;

3. Bars and lounges;

4. Industrial uses that would have a moderate to high impact on surrounding uses, including by way of example but not limited to, metal fabrication, machine shops, and welding shops;

5. Conference facilities, meeting halls, and similar uses;

6. Outdoor storage yards or outdoor industrial yards;

7. Restaurants, excluding drive-thrus, subject to a parking analysis indicating current development and the availability of parking;

8. Manufacture of food products, pharmaceuticals, and similar products, excluding the production of fish or meat products, or similar products that create excessive sewage or odor problems, provided all manufacturing activities are performed completely within an enclosed building;

9. On or off-site alcohol sales;

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

GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “A”

1. Minimum Lot Area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of 10,000 square feet.

2. Minimum Lot Width: 100 feet

3. Minimum Lot Depth: 100 feet

4. All development shall comply with Chapter 17.200 of the Municipal Code.

5. All development shall comply with the adopted City of Brentwood Design Guidelines.

6. All lighting shall incorporate cut-off designs, and shall be included in details submitted with formal development plans.

7. Formal development plans shall include, as part of any application and to the satisfaction of the Community Development Director, a photomontage of existing and proposed conditions.

8. Appropriate City entry signage shall be designed and submitted in conjunction with formal development plans to the satisfaction of the Community Development Director.

9. Maximum Building Height: Four stories, not to exceed 60 feet.

10. Building Setbacks:
• Sand Creek Road: 30 feet from right-of-way
• Brentwood/Antioch City limit line: 50 feet
• Sand Creek: 60 feet from top of bank
• State Route 4 Bypass: 50 feet
• Public street frontage: 30 feet
• Interior property lines: 10 feet and clear of any utility easements

11. All pavement, hardscape, or any other impervious surfaces shall be set back a minimum of 60 feet from the top of the creek bank.

12. These development standards shall promote, and not limit or restrict, future restoration and/or enhancement efforts of Sand Creek, in accordance with the City’s General Plan, the Municipal Code, the Master Plan for Trails, Parks, and Recreation, and the Brentwood Creek Trails and Revegetation Master Plan.

17.486.003 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “B” (REGIONAL COMMERCIAL AREA)

PERMITTED USES FOR SUBAREA “B”

1. Large-scale regional retail sales uses, including by way of example but not limited to, big-box stores, factory outlets, discount and similar retail uses requiring or best suited for operation within a warehouse-type facility; large department stores; large-scale general merchandise, sporting goods, home furnishings, home improvement and building materials (with or without lumber sales), home appliances, nursery, garden supply, hardware, electronics, office supply, and off-sale liquor sales stores; large-scale book, video, music, and toy stores; large-scale pet and pet supply stores, including on-site veterinary clinics (excluding kennels); and large-scale automobile, motorcycle, recreational vehicle, and boat parts and accessory stores;

2. Temporary outdoor display and/or sale of merchandise on sidewalks that front buildings, subject to Chapter 17.850 of the Brentwood Municipal Code. Sales and display areas are to cover no more than 50% of the sidewalk area in front of a user’s building or unit, and are to be maintained in an attractive, neat, and clean appearance;

3. General retail sales, including by way of example but not limited to, junior department stores; supermarkets; drugstores; general merchandise, sporting goods, home furnishings, home improvement, home appliance, nursery, garden supply, hardware, electronics, office supply and off-sale liquor sales stores; book, video, music, and toy stores; pet and pet supply stores, including on-site veterinary clinics (excluding kennels); and automobile, motorcycle, recreational vehicle, and boat parts and accessory stores;

4. Specialty merchandise and convenience sales, including by way of example but not limited to, specialty foods, delicatessen, bakery, pastry, candy, ice cream, butcher, meat market, wine, tobacco, apparel and accessory, jewelry, cosmetics, gift, stationery, shoe, kitchenware, hobby and specialty interest stores;

5. Video arcades; bowling alleys; and skating rinks;

6. Commercial services, including by way of example but not limited to, barber and beauty shops; electronic, appliance, watch and clock repair; small equipment rental and repair; technology and telecommuting centers; addressing and mailing service; blueprinting, photostatting, and desktop publishing service; drafting, messenger, answering, and stenographic service; telegraph office; private postal box service; and travel agency;

7. Financial institutions;

8. Business, professional, financial, and medical offices, including by way of example but not limited to, large-scale single and/or multi-tenant office uses;

9. Studios and instructional facilities, such as dance studios, music studios, or similar establishments;

10. Health clubs, subject to a plan indicating current development and the availability of parking, to the satisfaction of the Community Development Director;

11. Restaurants, excluding drive-thrus;

12. Other similar uses as determined by the Community Development Director.

CONDITIONALLY PERMITTED USES FOR SUBAREA “B”

1. Liquor stores, bars, lounges, and drive-thru restaurants;

2. New or used car, boat, or recreational vehicle sales;

3. Hotels and motels;

4. Conference facilities, meeting halls, and similar uses;

5. Veterinary facilities, including kennels;

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

GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “B”

1. Minimum Lot Area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of 10,000 square feet.

2. Minimum Lot Width: 100 feet

3. Minimum Lot Depth: 100 feet

4. All development shall comply with Chapter 17.200 of the Municipal Code.

5. All development shall comply with the adopted City of Brentwood Design Guidelines.

6. All lighting shall incorporate cut-off designs, and shall be included in details submitted with formal development plans.

7. Formal development plans shall include, as part of any application and to the satisfaction of the Community Development Director, a photomontage of existing and proposed conditions.

8. Maximum Building Height: Three stories, not to exceed 45 feet.

9. Building Setbacks:
• Sand Creek Road: 30 feet from right-of-way
• State Route 4 Bypass: 50 feet from right-of-way
• Sand Creek: 60 feet from top of bank
• Public street frontage: 30 feet
• Interior property lines: 10 feet and clear of any utility easements

10. All pavement, hardscape, or any other impervious surfaces shall be set back a minimum of 60 feet from the top of the creek bank.

11. These development standards shall promote, and not limit or restrict, future restoration and/or enhancement efforts of Sand Creek, in accordance with the City’s General Plan, the Municipal Code, the Master Plan for Trails, Parks, and Recreation, and the Brentwood Creek Trails and Revegetation Master Plan.

17.486.004 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “C” (SINGLE-FAMILY RESIDENTIAL – 5,000 SQUARE FEET MINIMUM LOT SIZE)

A) PERMITTED USES FOR SUBAREA “C”

Those uses permitted under the R-1 Zone, Section 17.130.002

B) CONDITIONALLY PERMITTED USES FOR SUBAREA “C”

Those uses permitted under the R-1 Zone, Section 17.130.003

C) GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “C”

1. Minimum Lot Size: 5,000 square feet

2. Minimum Lot Width: 50 feet

3. Minimum Lot Frontage: 35 feet at the front property line for lots on cul-de-sacs, knuckles, or curvilinear streets.

4. Minimum Front Yard Setback: 20 feet for front-facing garages; 15 feet for building walls and porches.

5. Minimum Side Yard Setback: five feet, with the sum of both sides 12 feet; corner lots shall maintain a minimum setback of 10 feet on the street side yard.

6. Minimum Rear Yard Setback: 15 feet, with an average of 20 feet.

7. Maximum Building Height: two stories, not to exceed 30 feet.

8. Corner Lot Fence Setback: five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of the Municipal Code.

9. Lots adjacent to open space shall utilize a 6-foot high open space fence along the common property line(s), as approved through VTSM 8506.

10. Accessory structures shall be prohibited in side or rear yards for areas exceeding a 3:1 slope.

11. Maximum Lot Coverage: 40% for two-story homes and 45% for single-story homes.

12. Maximum Number of Primary Dwelling Units: 124

17.486.005 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “D” (SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET MINIMUM LOT SIZE)

i. PERMITTED USES FOR SUBAREA “D”

Those uses permitted under the R-1 Zone, Section 17.130.002

ii. CONDITIONALLY PERMITTED USES FOR SUBAREA “D”

Those uses permitted under the R-1 Zone, Section 17.130.003

iii. GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “D”

1. Minimum Lot Size: 10,000 square feet

2. Minimum Lot Width: 90 feet

3. Minimum Lot Frontage: 45 feet at the front property line for lots on cul-de-sacs, knuckles, or curvilinear streets.

4. Minimum Front Yard Setback: 20 feet for front-facing garages; 15 feet for building walls and porches.

5. Minimum Side Yard Setback: five feet, with the sum of both sides 15 feet; corner lots shall maintain a minimum setback of 10 feet on the street side yard.

6. Minimum Rear Yard Setback: 15 feet, with an average of 20 feet.

7. Maximum Building Height: two stories, not to exceed 30 feet; except that the 10 lots referenced on the approved Residential Site Plan with Model 11 shall not exceed 33.5 feet

8. Corner Lot Fence Setback: five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of the Municipal Code.

9. Lots adjacent to open space shall utilize a 6-foot high open space fence along the common property line(s), as approved through VTSM 8506.

10. Accessory structures shall be prohibited in side or rear yards for areas exceeding a 3:1 slope.

11. Maximum Lot Coverage: 40% for two-story homes and 45% for single-story homes.

12. Maximum Number of Primary Dwelling Units: 42

17.486.006 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL DEVELOPMENT STANDARDS FOR SUBAREA “E” (OPEN SPACE AND RECREATION AREA)

PERMITTED USES IN SUBAREA “E”

1. Active and passive public recreational areas including any structures incidental to such use;

2. Public or quasi-public rights-of-way for utility, irrigation, drainage, or similar areas utilized for or having the potential to be utilized for linear trails, bicycle, pedestrian or horse trails and similar uses;

3. Open space as a reserve for fire protection, seismic safety, water conservation, protection of view, or similar appropriate purposes;

4. Parks, playgrounds, and recreational trails;

5. Conservation easements for wetland and habitat preservation and mitigation related to development of SPA E.

CONDITIONALLY PERMITTED USES IN SUBAREA “E”

1. An addition to an existing structure which will increase the coverage of the structure by 500 square feet, or any new structure in excess of 500 square feet, except minor recreational structures such as playground equipment, trellises, and similar uses;

2. Any commercial use which may be conducted on open space land without substantially detracting from its value as open space such as golf courses, riding academies or stables, tennis or swim clubs, and similar recreational-related uses of a predominantly open nature.

GENERAL DEVELOPMENT STANDARDS IN SUBAREA “E”

All uses are subject to the design and site development review procedures established in Section 17.820. The setback, building height, parking, and other design and performance criteria shall be established at the time of the proposed development and in accordance with any development standards established by resolution for the type of use proposed.

17.486.07 OTHER REGULATIONS:

1. Off-street parking, unless otherwise specifically addressed in this chapter, shall be provided pursuant to Chapter 17.620 and Section 17.100.004.H;

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

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

4. All signage for Subareas “A” and “B” shall be in accordance with an approved Master Sign Program;

5. The development of the PD-36 Zone shall be substantially in accordance with the various approved plans for each subarea.

 

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