City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 33

Meeting Date: December 11, 2007

Subject/Title: Waive first reading and introduce an ordinance for a Rezone (RZ 07-06) to modify the Planned Development No. 18 (PD-18) zoning designation for Subarea B to allow restaurant uses in up to 50% of the square footage of the center and tutoring for up to 20 students at one time as permitted uses along with other minor modifications to the text for the Shops at Country Club development located at the northwest corner of Balfour Road and West Country Club Drive (APN 019-120-037).

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director


RECOMMENDATION
The Planning Commission and staff recommend that the City Council introduce and waive the first reading of an ordinance approving a zoning amendment to Planned Development 18 in order to modify the text for Subarea B to allow restaurant uses in up to 50% of the square footage of the center and tutoring for up to 20 students at one time as permitted uses along with other minor modifications to the text for the Shops at Country Club development.

PREVIOUS ACTION
Planned Development 18 was approved by the City Council on August 25, 1992, and has subsequently been amended several times to accommodate development projects, including the Shops at Country Club.

BACKGROUND
On May 3, 2005, the Planning Commission approved an approximately 23,150 square foot retail center on a 2.31-acre site located at the northwest corner of Balfour Road and West Country Club Drive now known as the Shops at Country Club. The PD-18, Subarea B, text currently requires restaurant uses to process a conditional use permit in order to locate within the center. Since the original approval, the Planning Commission has granted approval for two restaurant uses within this development, Willy’s Bagels & Blends and Ribeye’s.

Land Use and Development Committee
In order to ascertain what other commercial zoning designations allowed restaurants as permitted uses, staff prepared the attached spreadsheet that shows whether a restaurant is permitted or conditionally permitted within all of the City’s commercial zones, along with the square footage of the development and the current parking ratios. This spreadsheet, along with a brief staff report outlining the PD-18 amendment request, was presented to the Land Use and Development Committee at their August 15, 2007, meeting. After discussion, the Committee decided that allowing restaurants as permitted uses in up to 50% of the center, or a total of 11,500 square feet, seemed acceptable due to the mix of uses that are likely to occur within the development and directed staff to move forward with the amendment request. At the time of the Committee’s review, exempting tutoring uses from the conditional use permit process was not requested and therefore no recommendation on this issue was made by the Committee.

At the November 6, 2007, Planning Commission meeting, the Commission held a public hearing on this application and unanimously voted to recommend that the City Council approve the zoning amendment.

PROJECT DESCRIPTION
The applicant, Equus Group, is requesting a zoning amendment to PD-18, Subarea B, to modify the permitted and conditionally permitted uses within this zone. Specifically, the request would allow restaurants up to a maximum square footage of 50% of the center’s overall square footage (11,500 square feet) and tutoring within the center as permitted uses, and restaurants exceeding the above limitation as a conditionally permitted use. The request also includes minor modifications to the “Other Regulations” portion of the text.

ANALYSIS
Parking
Per the Municipal Code, restaurants require a greater parking ratio than retail uses (1:100 square feet versus 1:200 square feet). The development has a total of 143 parking spaces on site. Per the City’s Municipal Code, parking is calculated on the total floor area of the development, or 1 space per 200 square feet. When it was processed, the development was characterized as a retail project and was required to have a parking ratio of 1 space per 200 square feet. With a total of 23,150 square feet, this resulted in a parking requirement of 116 spaces. Therefore, since the development has 27 additional spaces on the site, the parking ratio for this development is actually closer to 1 space per 162 square feet.

The following table shows the existing uses within the development and the required parking generated by each use:


Business Name Square
Footage Minimum Parking Ratio Parking
Required
Notes
Willy’s Bagels & Blends 2,479 1 per 100 sq. ft. 25 spaces Restaurant
Vibe Salon 989 1 per 200 sq. ft. 5 spaces Personal Care
Ribeye’s Market 2,222 1 per 100 sq. ft. 22 spaces Restaurant
Natural Nails 1,049 1 per 200 sq. ft. 5 spaces Personal Care
Retail 16,410 1 per 200 sq. ft. 82 spaces Retail
Total 23,149 139 spaces


In addition to the on-site parking, the development shares a driveway access with Balfour Guthrie Park, which has a total of 31 parking spaces.

Using the Municipal Code parking requirements, if restaurant uses were to occupy 50% of the center, or 11,500 square feet, a total of 173 parking spaces would be required (115 for restaurant uses at 1:100 square feet and 58 for retail uses at 1:200 square feet). Using this scenario, the development would have a parking deficit of 30 spaces. However, with the existing and probable mix of uses within the development, it is unlikely that all of the available parking would be utilized at any one particular time.

As the attached spreadsheet shows, the developments that allow restaurant uses by right have a large parking field to allow overlapping of parking demand similar to the scenario proposed for this center. With the total parking field available and the existing parking demand, the change in uses would not greatly impact the parking demand and should not result in a parking deficit for the project.

Existing Conditional Use Permits for Restaurants
Since the original design review approval for the development, the Planning Commission has approved two conditional use permits for restaurant uses within the center. Willy’s Bagels & Blends (CUP 06-46) with 2,479 square feet was approved on February 6, 2007, and Ribeye’s (CUP 07-17) with 2,222 square feet was approved on August 21, 2007. Both restaurants are now open and operating. Since these restaurants total 4,701 square feet, the net effect of the PD amendment would be to permit an additional 6,799 square feet of restaurant space.

This proposed rezoning would allow the restaurant uses for Ribeye’s and Willy’s Bagels & Blends as permitted uses, however, the conditional use permit for Ribeye’s would still be required due to the alcohol sales associated with their operation.

Tutoring
As mentioned previously, tutoring was not included in the original amendment request which was reviewed by the Land Use and Development Committee. Staff researched other cities and concluded that the best policy was to allow tutoring as a permitted use, but to limit the total number of students. Therefore, the amendment has been written to allow up to 20 students at one time as permitted and in excess of 20 students at one time requiring a conditional use permit.

The City’s Municipal Code does not specifically identify parking requirements for tutoring facilities. The closest category would be schools which require one space for each two students plus one space for each one and one-half employees. Using this ratio, a 2,000 square foot tutoring facility with 20 students and 3 teachers would generate a parking need of 12 spaces. A 2,000 square foot retail facility would generate a parking need of 10 spaces at a ratio of 1:200.

Other Issues
The proposed text from the applicant also limits the permitted hours of operation for restaurant type uses to 5:00 A.M. to 10:00 P.M. daily. Any restaurant wishing to exceed these hours would be required to go through the conditional use permit process.

ENVIRONMENTAL DETERMINATION:

The proposed project consists of a planned development amendment primarily to permitted and conditionally permitted uses. No expansion of the development is proposed. At the time of processing the Shops at Country Club development, staff prepared a mitigated negative declaration in order to mitigate any environmental concerns as a result of the construction and occupation of the project. All mitigation measures have been implemented and the proposed planned development amendment will not result in any additional environmental impacts, therefore, no further environmental review is required at this time.

FISCAL IMPACT
There would be no fiscal impact to the City. The project involves modification to the existing text not resulting in any particular increase or decrease in potential commercial tax revenue.



Attachments:
1. Ordinance
2. Vicinity map
3. Aerial photograph of the site
4. Restaurants in commercial areas spreadsheet, prepared by Community Development Department staff, dated October 24, 2007
5. Project description, site plan and floor plans submitted by the applicant


Attachment 1

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 07-06) TO AMEND CHAPTER 17.468 OF THE BRENTWOOD MUNICIPAL CODE FOR PLANNED DEVELOPMENT NO. 18 (SUBAREA B) TO ALLOW RESTAURANT USES IN UP TO 50% OF THE SQUARE FOOTAGE OF THE CENTER AND TUTORING FOR UP TO 20 STUDENTS AT ONE TIME AS PERMITTED USES ALONG WITH OTHER MINOR MODIFICATIONS TO THE TEXT FOR THE SHOPS AT COUNTRY CLUB DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF BALFOUR ROAD AND WEST COUNTRY CLUB DRIVE (APN 019-120-037).

WHEREAS, the Equus Group has initiated a zoning amendment to amend the Planned Development 18 (PD-18) Subarea B zoning designation to allow restaurant uses in up to 50% of the square footage of the center and tutoring for up to 20 students at one time as permitted uses along with other minor modifications to the text for the Shops at Country Club development; and

WHEREAS, on November 6, 2007, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 07-072 which recommended the approval of the zoning amendment for Planned Development 18, Subarea B; and

WHEREAS, the project consists of a planned development amendment primarily to permitted and conditionally permitted uses within Subarea B of the zone, with no expansion of the development proposed, and a mitigated negative declaration was prepared for the development and all mitigation measures have been implemented; therefore, no further environmental review is required at this time; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on November 30, 2007, 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 zoning ordinance amendment is consistent with the existing General Plan land use designation of General Commercial.

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.

3. The project is consistent with the development within the Planned Development 18 zoning designation.

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

5. The proposed zoning amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

6. The zoning amendment will reflect the intended development as originally approved and will reflect the current existing development.

7. The rezoning will involve areas which are abutting public streets which will provide physical access to the project site and there is sufficient capacity to accommodate the traffic anticipated to be generated by the development and the adjacent uses in the vicinity.

B. Hereby approves Rezone 07-06, amending Chapter 17.468 of the Brentwood Municipal Code, as reflected below:


PD-18 (PLANNED DEVELOPMENT 18) ZONE
DEVELOPMENT STANDARDS

Shadow Lakes (VTSM 7705)

Sections:
17.468.001 Authority, purpose and intent.
17.468.002 Permitted uses.
17.468.003 Conditionally permitted uses.
17.468.004 Regulations for lot area, density, yards, height and related matters
17.468.005 Other regulations.
17.468.006 Subarea Map


17.468.001 Authority, purpose and intent.
The authority, purpose and intent for the adoption of the PD-18 (Planned Development Eighteen) zone is as follows:

A. Authority. PD-18 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones--General Regulations.

B. Purpose. The purpose of the PD-18 zone is to permit and regulate development of the 441± acres within the zone as designated by the city general plan.

C. It is intended that in order to achieve the purpose of the PD-18 zone of implementing the development of single-family housing and commercial uses, said zone district shall be divided into several subareas as shown in Section 17.468.006 of this chapter and made a part of this chapter, and as further described below. The primary uses intended for this area shall consist of single-family residential, neighborhood commercial, office, park and open space uses.

17.468.002 Permitted uses.
The following uses are permitted within the PD-18 zone:

Subarea A. Single-Family Residential.
1. Those uses which are permitted uses within the R-1 (single-family residential) zone.

Subarea B. Neighborhood Commercial.
1. Convenience retail uses such as a bakery, pastry shop, bookstore, candy store, florist, newsstand, stationery/gift shop, ice cream parlor, supermarket, drugstore, and similar uses.

2. Service uses such as Laundromat, laundry or dry cleaning pickup station, shoe repair, beauty and barber shop;

3. Financial institutions;

4. Those uses which are permitted in Subarea C – Office.

5. Tutoring with no more than twenty (20) students at the facility at any one time subject to the following conditions:

1) The facility shall adhere to all occupancy, ADA, California Building Code, and exiting requirements; and

2) The Zoning Administrator finds that adequate parking is available for the said use.

6. Coffee shops, restaurants, cafes or similar uses, either as independent businesses or as a part of another business such as part of a market or bookstore, up to a maximum of 50% (11,500 square feet) of the shopping center with hours of operations limited to 5:00 A.M. to 10:00 P.M daily.

Subarea C. Office.

1. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, travel agency, real estate, medical, dental, dental laboratory, optical clinics, title companies, financial institutions, automatic teller machine (ATM); other professional and general business offices and data processing facilities. Both single and multi-tenant office uses are permitted.

2. Service uses including addressing and mailing service, blueprinting, printing and photostating service; drafting service; messenger service; television, computer, radio and appliance repair; stenographic service; telegraph office; answering service; private postal box service; and similar services typically associated with administrative and professional offices. Automotive, boat, recreational vehicle or similar sales and/or service are specifically prohibited;

3. Information data processing facilities.

4. Storage, warehousing and warehousing uses which include a small percentage of office uses, including, but not limited to, general contractors, plumbing contractors, and electrical contractors, provided that there is no outdoor storage.

5. Finish product assembly such as computer assembly, bookbinding and garment manufacturer;

6. Commercial uses or retail sales including but not limited to commercial uses which may or may not manufacture their primary product on the premises such as drapery shop, cabinet shop, upholstery shop, carpet sales, spa sales, sales of building supplies, satellite dish sales and furniture sales.

Subarea D. Open Space
1. Parks and related facilities.

17.468.003 Conditionally permitted uses.
The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

Subarea A. Single-Family Residential.
1. Those conditionally permitted uses within the R-1 (single-family residential) zone.

Subarea B. Neighborhood Commercial.
1. Restaurant or café type uses as described in 17.468.002(3) Subarea B that result in exceeding the 50% limitation or that exceed the hours of operation established in that section.

2. A drive-thru coffee use approved only for the east end of the building located at 390 West Country Club Drive approved with Design Review 04-37.

3. Convenience banking center, drive-in or drive-thru establishments relating to permitted uses in the zone, excluding a drive-in or drive-thru restaurant.

4. Nursery, child care, day care center, meeting hall or fraternal hall, community center.
5. Those uses which are conditionally permitted in Subarea C – Office.

6. Tutoring with more than twenty (20) students at the facility at any one time.

7. On and off sale liquor establishments, including but not limited to alcohol sales as part of a restaurant operation, liquor stores, convenience stores, bars, and lounges.

Subarea C. Office.
1. Hospitals; medical facilities; facilities for care of the elderly including residential, congregate residential and convalescent care;

2. Restaurants and other facilities serving employees;

3. Financial institutions.

4. Health club, reducing studio or recreational club.

5. Veterinary clinic.

6. Public and quasi-public use such as government office, library, employment office, utility offices, and similar uses, including daycare facilities.

7. Similar uses subject to the approval of the Zoning Administrator.

Subarea D. Open Space.
1. Golf course and associated uses, including the clubhouse, driving range, etc.

Subarea E. (APN 019 680 023). Recreational Vehicle and Boat Storage.
1. Recreational vehicle and boat/watercraft storage on the property identified as APN 019680023 that shall be limited to use only by the residents of the Shadow Lakes development which includes Final Map Subdivision Numbers 7705, 8210, 8299, 8305, 8322, 8344, 8373, 8374, 8375, 8659, 8663 and 8953. The storage of inoperable vehicles is expressly prohibited.

17.468.004 Regulations for lot area, density, yards, height and related matters--Development plan required.

Subarea A. Single-Family Residential.
1. Minimum lot area: the minimum lot area shall be six thousand square feet;

2. Minimum lot width: the minimum lot width shall be sixty feet. Cul-de-sac lots shall have a mini-mum lot width of sixty feet as measured parallel thirty feet back from the front property line;

3. Minimum lot frontage: the minimum lot frontage shall be one-half of the required minimum lot width;

4. Minimum front yard setback: the front yard setback shall be twenty feet as measured from the property line to the face of the garage and fifteen feet to any building facade or side entry garage;

5. Minimum side yard setbacks: side yard setbacks shall be fifteen feet aggregate, with five feet being the minimum as measured from the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet. Minimum distance between houses shall be fifteen feet;

6. Minimum rear yard setback: the minimum rear yard setback shall be fifteen feet with an overall average setback of twenty feet as measured from the building foundation;

7. Maximum building height: the maximum building height for all structures shall be two stories, not to exceed thirty-five feet. Split-level lots may be three stories, which do not exceed thirty-five feet in height as measured from the lowest pad elevation on the lot;

8. Architectural Design.
a. Three-car garages including golf cart garages shall be allowed on lots over sixty feet wide, and four-car garages shall be allowed on lots over eighty feet, provided that any garage does not exceed thirty-two feet in width, as measured at the garage door face. All third or fourth car garages shall be offset from the main plane of the house,

b. Dual side entry four-car garages shall be allowed on lots over eighty feet wide as long as there are two separate garage structures,

c. A single off-set four-car garage may have a reduced inside length of eighteen feet,

d. All front entry doors shall be visible from the street and shall provide a minimum of two steps into the house,

e. The use of stone and masonry accent material is encouraged. The use of a variety of roof materials (tile, fire retardant shake) is encouraged,

f. A variety of architectural designs shall be used in clusters throughout the development area. The exact design shall be determined at the time of design review.

Subarea B. Neighborhood Commercial.
1. Minimum lot area: the minimum lot area shall be 0.80 acres;

2. Minimum street frontage yard: the minimum street frontage yard consisting of building frontage along all public streets shall be twelve (12) feet which shall be landscaped. A public sidewalk shall be included within this required width;

3. Minimum non-street frontage yard: the minimum non-street frontage yard shall be zero feet except that the minimum building setback from a residential zone shall be twenty (20) feet, which shall be landscaped;

4. Maximum building height: the maximum building height shall be two stories, not to exceed thirty-five feet.

Subarea C. Office.
1. Minimum lot area: the minimum lot area shall be 1.00 acre;

2. Minimum street frontage yard: the minimum street frontage yard consisting of building frontage along all public streets shall be fifteen (15) feet which shall be landscaped. A public sidewalk shall be included within this required width;

3. Minimum non-street frontage yard: the minimum non-street frontage yard shall be zero feet except that the minimum building setback from a residential zone shall be twenty-five (25) feet, which shall be landscaped;

4. Maximum building height: the maximum building height shall be two stories, not to exceed thirty-five feet.

Subarea D. Open Space
a. Parks and open space shall be substantially as approved with VTSM 7705.

Subarea E. Recreational Vehicle Storage
Development standards shall be determined by subsequent Conditional Use Permit approval. Such conditional use permit shall include the following: Sufficient landscaping to screen the facility from adjacent residential uses, limited hours of operation, maximum size, height ad length of vehicles stored, maximum number of vehicles stored, security measures for the facility which shall also prohibit the use of barbed wire or other razor-type wire, and restrictions limited the use of the facility to the residents of the Shadow Lakes development which includes Final Map Subdivision Numbers 7705, 8210, 8299, 8305, 8322, 8344, 8373, 8374, 8375, 8659, 8663, and 8953.

17.468.005 Other regulations.

i. Landscaping. The landscaping standards for this development area shall comply with the regulations contained in Chapter 17.630, titled Landscaping and Screening. , except as provided below:

1. Street Trees. Street trees are required to be planted on all streets within the development area. Tree spacing shall be staggered thirty feet on center on the parkway, and an average of thirty feet on center on other, residential streets. This also includes the Balfour Road frontage adjacent to soundwalls. Trees along the golf course frontage on Balfour Road should be clustered to allow views into the golf course;

2. Entryway Design and Balfour Road Landscaping. The design of the entryways shall consist of signage, landscaping, hardscape and other materials in the development area shall be reviewed by the planning commission. Landscaping and soundwall design shall be consistent along Balfour Road;

3. Graded Slope Landscaping.

a. All graded slopes shall require revegetation with native plant species, which are indigenous to the Brentwood area, whenever possible, to retain natural character, maintain views and contribute towards slope stabilization,

b. To ensure safe fire protection, fuel modification zones utilize plant materials that provide a gradual transition to natural vegetation to avoid hard planted edges,

c. Landscape plans for all graded slope areas shall be reviewed by the fire chief, planning commission, and other interested parties prior to implementation.

ii. Parks and Open Space. All park areas and any relevant open space areas or alterations thereto shall require design review by the Parks Commission prior to final tract map approval, for each park in that particular tract. Facilities to be included in each park are as follows:

1. Mini-parks (0-2 acres)
a. Free play lawn area,
b. Shade landscaping,
c. Benches and low seat walls,
d. Picnic table with barbeque,
e. Other facilities required at the time of park plan submittal;

2. Neighborhood Parks (2.1+ acres)
a. Play equipment such as swings, slides, jungle gyms and climbing apparatus,
b. Softball and Little League field, including, but not limited to, bleachers, dugouts, skinned infield,
c. Volleyball pit, par course, full-court basketball,
d. Picnic tables, barbecue pits, drinking fountains,
e. Restrooms,
f. Other facilities required at the time of park plan submittal;

3. Open Space.
a. Areas to remain as open space, as indicated on the approved Subarea Map as Subarea D may be required to be offered for dedication as part of a public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, acceptable to the council, sufficient to assure the maintenance and preservation of such open space for whatever purpose it is intended. Covenants or other legal arrangements shall specify the ownership of the open space; method of maintenance; responsibility for maintenance; maintenance; taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the council; and any specification deemed necessary to the city,

b. All ungraded open space areas shall remain in their natural state, with no additional plantings,

c. All property approved as a golf course shall remain as open space, until such time as a golf course is deemed necessary for implementation. At no time shall any residential development occupy that area designated as a golf course,

d. Public play shall be provided to the golf course. The exact terms and agreements between the developer and the city shall be negotiated prior to opening of the course.

iii. Hillside Development and Grading. This subsection pertains to the design and development of prominent hilltop and ridgeline areas. This section is required due to the physical nature of the property. All requirements for development, as outlined in PD-18, shall be complied with in addition to this subsection.

1. Ridge Views. Off-site views of distant ridgelines as seen off-site (looking west, and northwest) should not be impaired and shall be protected;

2. Pad Grading.

a. All 2:1 slopes shall not exceed twenty feet between pads, shall be located in rear or side yards, and shall be hidden from public view. All plot plans shall give final pad elevations and top of slope elevations for each lot,

b. Every means shall be undertaken to provide split-level lots (vertical and horizontal) which correspond to the natural contour,

c. All building pads that do not drain to the street shall have drains installed in the rear portion of the lot for horizontal rear yard split-level lots. All other lots shall drain to the front of the lot and away from the house foundation. Individual lot drains shall be installed, where necessary;

3. Contour Grading. Cut and fill slopes shall be designed without long uninterrupted flat surfaces, meaning that the slopes shall be sculptured with existing contour and without sharp angles of intersection at top and bottom of slopes. Slopes shall be rounded at top and bottom, and wherever constructed slopes shall blend with existing topography;

4. Erosion Control. Slope and pads graded and left longer than ninety days should be hydroseeded or planted with nonirrigated materials and allowed to naturalize. During the rainy season (October 15th through April 15th), slopes and pads graded and left longer than thirty days should be hydroseeded or planted with nonirrigated materials and allowed to naturalize;

5. Wall and Fence Location. All masonry soundwalls, park, golf course and “good neighbor” fences shall be set back a minimum of one foot at the top of slope. All lots which abut the golf course shall have a six-foot high wrought iron fence with brick columns or similar materials planned for project consistency set at thirty-foot intervals;

6. Architectural Design. This subsection is to provide direction for the design and construction of homes within this subarea, due to the physical nature of this subarea.

a. A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside are required,

b. Large, two-story unbroken wall expanses which face public view shall be avoided, such wall expanses shall be enhanced through varied architectural elements,

c. Exterior finishes of dwelling units and structures shall blend in with natural surroundings of the area and shall not dominate the natural environment,

d. The need for building skirting shall be kept at a minimum by stepping the foundation and using appropriate hillside architectural designs,

e. Building height and scale shall respond to the existing terrain,

f. All side split-level lots shall be limited to a two-car garage. However, through the design review process, a third car garage may be allowed if the garage is side entry and offset from the main plane of the house.

D. Streets.
1. Street Standards.

a. All public and private street standards within the development area shall conform with those standards adopted by the department of public works for residential collector and cul-de-sac streets. However, East Country Club Drive and West Country Club Drive which provides access to the project shall have a ROW of ninety-six feet. Single loaded parkway areas next to the golf course shall have a reduced street width, eliminating the parking lane. The road standard shall be shown on an approved vesting tentative map.

b. Private streets within gated areas shall be allowed to have a sidewalk on one side of the street only.

c. All on-street parking and sidewalks shall be eliminated on streets which abut the golf course;

2. Light Standards. Street lights for the parkway and local residential streets, pedestrians and lights for walkways shall be staggered on each side of the street, and the standards for the public streets shall be approved by the department of public works. In no case shall lighting spill over into private lots from neighborhood commercial, park and driving range facilities.

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

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

G. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660.

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

I. Uses within the neighborhood commercial and office areas shall comply with those development standards as defined in Section 17.200.003, and the following additional standards:

1. All tenants and the shopping center owner shall maintain the area within the development in a clean and orderly manner at all times.

2. All restaurants or food serving uses shall comply with the City standards and requirements relative to the provision of grease traps.

J. Uses within the neighborhood commercial area and office areas shall comply with those performance standards as defined in Section 17.200.004.

K. Design review applications for the homes shall be limited to the first one hundred lots, in one hundred-lot increments.

L. Fifty percent of the homes along the Delta Expressway and Balfour Road shall be single-story.

M. Design and site development review shall be required for all housing units pursuant to Sections 17.100-.003, 17.100.004H and Chapter 17.820.

N. A master plotting plan, illustrating the placement of the house plans, shall be submitted for each phase or tract of development.

O. The use of model home complexes shall be allowed within a recorded tract and subsequent tracts throughout the development plan are subject to the issuance of a temporary use permit as required by Chapter 17.850.

P. All development shall comply with Chapter 17.805, titled Phased Development Plan and that all adequate agreements between the developer(s) and the city are in place (financing mechanisms, phasing, etc.) prior to approval of any tract map(s). (Ord. 524 (part), 1993)

17.468.006 Subarea Map



B. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the Ordinance in accordance with that law. Further, the City Clerk is directed to cause this Ordinance to be entered in the City of Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption and, prior to the expiration of 15 days after its adoption, it shall be published once with the names of the council members voting for and against it in a newspaper of general circulation, available in the City of Brentwood.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on 11th day of December 2007 by the following vote:


 
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov