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CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: September 26, 2006

Subject/Title: Second reading and adoption of Ordinance No. 837 for a rezone (RZ 05-20) to amend PD-35 to create Subarea “I” and add specific development standards, for the Parkside Villas project, located south of Apricot Way and west of Fairview Avenue (APN 019-092-032)

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Community Development Director
____________________________________________________________________________

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 837.

PREVIOUS ACTION
At its meeting of September 12, 2006, the City Council introduced and waived the first reading of Ordinance No. 837, adopted a resolution adopting a Mitigated Negative Declaration and approved Vesting Tentative Subdivision Map 8982 by making the necessary findings regarding the City’s Density Transition Policy. This ordinance adoption establishes development standards for Subarea “I” within Planned Development No. 35 Zone in order to accommodate the Parkside Villas project.

FISCAL IMPACT
The applicant will be required to pay all relevant fees as specified in the conditions of approval for the Parkside Villas 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 No. 837
2. Approved subdivision map (VTSM 8982)

ORDINANCE NO. 837

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE 05-20 AMENDING PLANNED DEVELOPMENT NO. 35 BY ADDING SUBSECTION 17.485.050 TO THE BRENTWOOD MUNICIPAL CODE ESTABLISHING DEVELOPMENT STANDARDS FOR SUBAREA “I”, GENERALLY LOCATED ON THE VACANT 10.72 ACRE SITE SOUTH OF APRICOT WAY AND WEST OF FAIRVIEW AVENUE. (APN 019-092-032)

WHEREAS, Alexandra Homes has initiated a rezone to amend Planned Development No. 35 by adding development standards for Subarea I; and

WHEREAS, on August 1, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 06-40 which recommended the approval of the rezone to amend Planned Development No. 35 by adding development standards for Subarea I; and

WHEREAS, The Planning Commission concurrently recommended approval of VTSM 8982 by Resolution No. 06-41 and approved DR 05-25 by Resolution No. 06-42; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on September 1, 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 Mitigated Negative Declaration, 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 proposed rezone is consistent with the General Plan in that single-family residential development is allowed within the low density residential land use designation in which this site is located.

2. The proposed rezone is consistent with and implements the intent of the General Plan, whereby the development standards have been created for Planned Development No. 35 requiring low density residential development for the project site, consisting of 10.72 acres.

3. The proposed rezone establishes clear development standards for the uses permitted under the General Plan.

4. The proposed rezone will provide standards resulting in development that is consistent and compatible with surrounding uses, in that permitted and conditionally permitted uses, setbacks, heights, and other regulations are similar to those in adjacent subareas of the PD-35 Zone.

5. The proposed rezone will provide for adequate public uses and private open space, in that a 1.72-acre site has been established for a neighborhood park adjacent to Sand Creek and sufficient front, side, and rear yards have been provided through the implementation of minimum building setbacks.

6. The project will generate a level of traffic that can be accommodated by the public circulation system, existing or planned, in that the site is adjacent to two stub streets that will be extended and improved to City standards.

7. 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), in that 37 additional housing units will be provided, with all applicable development fees paid to the City at the time of building permit issuance.

8. The proposed project will clearly result in a more desirable use of land and a better physical environment than would be possible under any single zone or combination of zones, in that specific regulations have been implemented for the project site to ensure that the development is coordinated.

9. The PD-35 Zone is on property which has a suitable relationship to one or more thoroughfares; and said thoroughfares are adequate to carry any traffic generated by development consistent with the proposed PD-35 standards, in that Water Street and Helena Way will be improved to City standards, and the project is located near City collector and arterial alignments such as Apricot Way and Fairview Avenue.

10. The site plan for the proposed project 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 to insure compatibility, in that houses will be located in accordance with approved development standards providing for adequate private and public space, and a preliminary landscape plan has been submitted, including street trees and front yard landscaping.

11. The natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the proposed development plans for the project, in that a 1.72-acre neighborhood park will be provided adjacent to Sand Creek and sufficient private yards are provided for the single-family homes.

12. The development of the project, 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.

13. This project is not located within the City’s Redevelopment Project Area.

B. Hereby, approves Rezone 05-20 as requested by adding Subsection 17.485.050 through 17.485.054 to the Brentwood Municipal Code, as reflected below:

CHAPTER 17.485
PLANNED DEVELOPMENT (PD) NO. 35 ZONE
SUBAREA “I”

17.485.050 – AUTHORITY, PURPOSE AND INTENT
17.485.051 – PERMITTED USES
17.485.052 – CONDITIONALLY PERMITTED USES
17.485.053 – GENERAL DEVELOPMENT STANDARDS
17.485.054 – PLANNED DEVELOPMENT 35 SUBAREA MAP

17.485.050 – Authority, Purpose and Intent.

A. Authority. The PD-35 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-35 Subarea “I” is to permit and regulate the orderly development of approximate 11 acres located south of Apricot Way and north of Sand Creek, with low density residential use in accordance with the Brentwood General Plan.

C. Intent. The intent of creating the PD-35 Subarea “I” is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties.

17.485.051 - Permitted uses.
The following uses are permitted in the PD-35 Subarea “I” Zone:

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

17.485.052 – Conditionally permitted uses.
Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted:

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

17.485.053 – General development standards.
All permitted and conditionally permitted uses developed within PD-35 Subarea “I” Zone shall comply with the following regulations:

A. Minimum lot size – 5,800 sq. ft. (3,600 sq. ft. for duets)
B. Minimum lot width – 60 feet (40 feet for duets); 30 feet for cul-de-sac lots, as measured at the front property line
C. Minimum lot depth – 80 feet
D. Minimum lot frontage – one-half the required lot width
E. Minimum front yard setback – 20 feet to front facing garage door and 15 feet to any primary building wall.
F. Minimum side yard setback – 5 feet with an aggregate of 12 feet and 10 feet on the street side of a corner lot (0 feet with an aggregate of 15 feet for Lot 32 of VTSM 8982).
G. Minimum rear yard setback – 20 feet (0 feet for Lot 31 and 12 feet for Lot 32 of VTSM 8982).
H. Maximum building height – 30 feet and two stories
I. Maximum lot coverage – 45% for single-story units, providing that a minimum of 35% of the total number of lots have single-story units, otherwise the maximum lot coverage shall be 40%; 40% for two-story units.
J. 10% of the lots shall have side-loading garages.
K. 50% of the corner lots shall have single-story units located on them.

17.485.054 – Planned Development 35 (PD-35) Subarea Map

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 12th of September, 2006 and introduced with the second reading waived at a regular meeting of the Brentwood City Council on the 26th of September, 2006 by the following vote:
 

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