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CITY COUNCIL AGENDA ITEM NO. 24

Meeting Date: June 27, 2006

Subject/Title: Introduce and waive the first reading of an ordinance for a Rezone (RZ 06-02) to amend the PD-26 Zone to include development standards for Planning Area 16 in order to develop 102 single family dwellings and four affordable housing dwellings or a total of 106 residential units on 38 acres.

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Community Development Director
____________________________________________________________________________

RECOMMENDATION
The Planning Commission and staff recommend the City Council introduce and waive the first reading of an ordinance for a Rezone (RZ 06-02) to amend the PD-26 Zone to include development standards for Planning Area 16 in order to develop 102 single family dwellings and four affordable housing dwellings or a total of 106 residential units on 38 acres, located south of Carmel Parkway and east of Minnesota Avenue.

PREVIOUS ACTION
The City Council granted a Residential Growth Management Allocation (RGMP) to Pulte Homes on August 23, 2005.

BACKGROUND
At the June 6, 2006, Planning Commission meeting, the Commission unanimously voted to approve the rezone which would establish development standards for the approximately 38 acres generally located on the vacant land south of Carmel Parkway and east of Minnesota Avenue. In addition, the Planning Commission also approved Tentative Subdivision Map No. 8311 for the subdivision of approximately 38 acres into 102 single family dwelling units and four affordable housing dwelling units and approved Design Review No. 05-20 to construct 102 single-family homes and two affordable single-family duplexes for a total of 106 homes. The approval of the tentative subdivision map and the design review for this development is contingent on approval of this rezone of the site to PD-26.

PROJECT DESCRIPTION
The proposed rezone would establish new development standards for Planning Area 16 within the Planned Development 26 (PD-26) Zone.

ANALYSIS
The development standards proposed for this project are reasonable and similar to other residentially zoned properties within the City, as follows:

17.476.078 – Regulations for Planning Area 16 – lot area, yards, height and other regulations.

A. 7,000 to 10,000 Sq. Ft. Lot Size

1. Minimum Lot Area: 7,000 square feet.
2. Minimum Lot Width: 65 feet as measured at the front setback line.
3. Minimum Lot Depth: 90 feet as measured at the side setback line.
4. Minimum Lot Frontage: 35 feet.
5. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet to any primary building wall or side-entry garage.
6. Minimum Side Yard Setback: 5 feet and a total of 15 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.
7. Minimum Rear Yard Setback: 20 feet.
8. Maximum Building Height: 30 feet

B. 10,000 to 20,000 Sq. Ft. Lot Size

1. Minimum Lot Area: 10,000 square feet.
2. Minimum Lot Width: 60 feet as measured at the front setback line.
3. Minimum Lot Depth: 90 feet as measured at the side setback line.
4. Minimum Lot Frontage: 35 feet
5. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet to any primary building wall or side-entry garage.
6. Minimum Side Yard Setback: 5 feet and a total of 15 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.
7. Minimum Rear Yard Setback: 20 feet.
8. Maximum Building Height: 30 feet

C. 20,000 Square Foot + Product

1. Minimum Lot Area: 20,000 square feet.
2. Minimum Lot Width: 65 feet as measured at the front setback line.
3. Minimum Lot Depth: 100 feet as measured at the side setback line.
4. Minimum Lot Frontage: 50 feet
5. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for living space and side-entry garage, and 10 feet for front porches.
6. Minimum Side Yard Setback: 10 feet and a total of 20 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.
7. Minimum Rear Yard Setback: 25 feet.
8. Maximum Building Height: 30 feet and two stories for main residence

D. Duet Units

1. Minimum Lot Area: 4,000 square feet.
2. Minimum Lot Width: 35 feet
3. Minimum Lot Depth: 55 feet
4. Minimum Lot Frontage: 30 feet
5. Minimum Front Yard Setback: 20 feet for front facing garages, 15 feet for living space.
6. Minimum Side Yard Setback: Zero (0) feet and a total of 7.5 feet for both sides. Five (5) feet and a total of 15 feet for both sides on corner lots. For corner lots the street side shall be a minimum of 10 feet.
7. Maximum Building Height: 30 feet

E. Other Regulations

1. Design and Site Development shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004H.
2. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H.
3. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.
4. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660 provided lot coverage does not exceed 50 percent.
5. Architectural features may project into any required yard pursuant to the provision of Chapter 17.660.
6. Fencing – on corner lots, all fencing shall be set back a minimum of 5 feet from the street side yard property line; all other fencing shall adhere to the requirements of Chapter 17.660 of the Municipal Code
7. No building permit for a primary dwelling unit shall be issued until a residential growth management program (RGMP) allocation is received for the unit.

In order to accommodate Mr. Neff’s “St. Andrews Project”, located to the south of Pulte’s “Carmel Estates Project”, and after the Planning Commission approved the Carmel Estates Project, the development guidelines for the minimum lot width on the 10,000 to 20,000 sq. ft. lots was changed from a minimum of 80 feet to a minimum of 60 feet and the minimum lot width on the 20,000 + lots was changed from a minimum of 100 feet to a minimum of 65 feet.

FISCAL IMPACT
The applicant will be required to pay all relevant fees as specified in the conditions of approval for the Carmel Estates Project. The project, once developed, would generate additional property tax for the City of Brentwood. The project would also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with this project.

Attachments:

1. Ordinance approving the rezone to Planned Development No. 26 creating development standards for Planning Area 16
2. Tentative Subdivision Map 8311

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE 06-02 AMENDING PLANNED DEVELOPMENT NO. 26 BY ADDING SUBSECTION 17.476.078 TO THE BRENTWOOD MUNICIPAL CODE ESTABLISHING DEVELOPMENT STANDARDS FOR PLANNING AREA 16 GENERALLY LOCATED ON THE VACANT LAND SOUTH OF CARMEL PARKWAY AND EAST OF MINNESOTA.

WHEREAS, Pulte Homes has initiated a rezone to amend Planned Development No. 26 by adding development standards for Planning Area 16; and

WHEREAS, at a duly noticed public hearing on June 6, 2006, this Planning Commission passed Resolution No. 06-27 in which it certified the Mitigated Negative Declaration (MND) and adopted a Mitigation Monitoring and Reporting Plan (MMRP), and;

WHEREAS, on June 6, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 06-26 which recommended the approval of the rezone to amend Planned Development No. 26 by adding development standards for Planning Area 16; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on June 16, 2006, 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

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

A. Hereby finds that:

1. The project is consistent with the existing General Plan land use designation as the uses set forth in the new planned development zoning are consistent with residential uses as defined in the General Plan.

2. The project 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 in that the developer has concurrently processed a design review application on this site.

B. Hereby, approves Rezone 06-02 as requested adding Subsection 17.476.078 to the Brentwood Municipal Code, as reflected below:

EXHIBIT A TO ORDINANCE NO.
PLANNED DEVELOPMENT 26 (PD-26) ZONE
PLANNING AREA 16 DEVELOPMENT STANDARDS

Add:
17.476.078 – Regulations for Planning Area 16 – lot area, yards, height and other regulations.

A. 7,000 to 10,000 Sq. Ft. Lot Size

1. Minimum Lot Area: 7,000 square feet.
2. Minimum Lot Width: 65 feet as measured at the front setback line.
3. Minimum Lot Depth: 90 feet as measured at the side setback line.
4. Minimum Lot Frontage: 35 feet.
5. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet to any primary building wall or side-entry garage.
6. Minimum Side Yard Setback: 5 feet and a total of 15 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.
7. Minimum Rear Yard Setback: 20 feet.
8. Maximum Building Height: 30 feet

B. 10,000 to 20,000 Sq. Ft. Lot Size

1. Minimum Lot Area: 10,000 square feet.
2. Minimum Lot Width: 60 feet as measured at the front setback line.
3. Minimum Lot Depth: 90 feet as measured at the side setback line.
4. Minimum Lot Frontage: 35 feet
5. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet to any primary building wall or side-entry garage.
6. Minimum Side Yard Setback: 5 feet and a total of 15 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.
7. Minimum Rear Yard Setback: 20 feet.
8. Maximum Building Height: 30 feet

C. 20,000 Square Foot + Product

1. Minimum Lot Area: 20,000 square feet.
2. Minimum Lot Width: 65 feet as measured at the front setback line.
3. Minimum Lot Depth: 100 feet as measured at the side setback line.
4. Minimum Lot Frontage: 50 feet
5. Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for living space and side-entry garage, and 10 feet for front porches.
6. Minimum Side Yard Setback: 10 feet and a total of 20 feet for both sides. For corner lots the street side yard shall be a minimum of 10 feet.
7. Minimum Rear Yard Setback: 25 feet.
8. Maximum Building Height: 30 feet and two stories for main residence

D. Duet Units

1. Minimum Lot Area: 4,000 square feet.
2. Minimum Lot Width: 35 feet
3. Minimum Lot Depth: 55 feet
4. Minimum Lot Frontage: 30 feet
5. Minimum Front Yard Setback: 20 feet for front facing garages, 15 feet for living space.
6. Minimum Side Yard Setback: Zero (0) feet and a total of 7.5 feet for both sides. Five (5) feet and a total of 15 feet for both sides on corner lots. For corner lots the street side shall be a minimum of 10 feet.
7. Maximum Building Height: 30 feet

E. Other Regulations

1. Design and Site Development shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004H.
2. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H.
3. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.
4. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660 provided lot coverage does not exceed 50 percent.
5. Architectural features may project into any required yard pursuant to the provision of Chapter 17.660.
6. Fencing – on corner lots, all fencing shall be set back a minimum of 5 feet from the street side yard property line; all other fencing shall adhere to the requirements of Chapter 17.660 of the Municipal Code
7. No building permit for a primary dwelling unit shall be issued until a residential growth management program (RGMP) allocation is received for the unit.
Add:
17.476.150 Subarea Map

17.476.150 Subarea Map

ADOPTED by the City Council of the City of Brentwood at its regular meeting of June 27, 2006, by the following vote:

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