1 CITY COUNCIL ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 17-004) AMENDING THE PLANNED DEVELOPMENT NO. 36 (PD-36) ZONE TO ACCOMMODATE THE GENERAL PLAN AMENDMENT AND AMEND THE DEVELOPMENT STANDARDS FOR THE BRIDLE GATE PROJECT, LOCATED GENERALLY WEST OF THE SAND CREEK ROAD AND THE STATE ROUTE 4 INTERCHANGE (APNs 019-082-007 and 019-110-076). WHEREAS, Discovery Builders, Inc. (the “Permittee”) submitted an application to the City of Brentwood requesting approval of a rezone (RZ 17-004) to amend the Planned Development No. 36 (PD-36) Zone to accommodate a requested General Plan amendment (GPA 17-001) and amend the proposed land uses and development standards for the Bridle Gate Project, located generally west of Sand Creek Road and the State Route 4 interchange; and WHEREAS, the Permittee also submitted a request for a development agreement (DA 19- 001), a General Plan amendment (GPA 17-001), a vesting tentative subdivision map (VTSM 8506), a design review for the single-family parcels (DR 17-007), and a design review for the multi-family apartments (DR 17-008) (collectively, along with RZ 17-004), the “Original Project”); and WHEREAS, the Project is proposed to be located on a roughly 137 acre site bounded by Old Sand Creek Road to the north, State Route 4 to the east, a single-family residential development (Brentwood Hills) to the south, and the edge of the Brentwood Planning Area and the City of Antioch’s city limits to the west, with a small segment of existing San Jose Avenue bounding the site at its farthest southeastern corner (the “Project Site”); and WHEREAS, the City referred the Original Project to various departments and agencies for review and recommendations; and WHEREAS, the Planning Commission was scheduled to hold a public hearing on the Original Project at its regular meeting of August 18, 2020. However, that day, the California Independent System Operator declared a Stage 2 Emergency and issued notice that a power outage may be necessary beginning at 7:00 p.m. that night in Brentwood. These events led to the applicant and the City jointly requesting a continuance of the hearing, and the Planning Commission and voted to continue the public hearing to its meeting of September 1, 2020; and WHEREAS, the Planning Commission held a public hearing on the Original Project at its regular meeting of September 1, 2020, and voted to recommend that the City Council not approve the Original Project, including RZ 17-004; and WHEREAS, the City Council was scheduled to hold a public hearing at a special meeting to consider the Original Project on September 15, 2020, but on that day, the Permittee requested that consideration of the Original Project be taken off calendar, and instead be heard by the City Council on February 9, 2021; and WHEREAS, prior to the City Council’s scheduled hearing on the Original Project, the Permittee modified its application by: 1. Revising its request for approval of GPA 17-001, by withdrawing its previous request to change the land use designation of a roughly 14-acre parcel to allow for the development of multi-family uses;
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CITY COUNCIL ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 17-004) AMENDING THE PLANNED DEVELOPMENT NO. 36 (PD-36) ZONE TO ACCOMMODATE THE GENERAL PLAN AMENDMENT AND AMEND THE DEVELOPMENT STANDARDS FOR THE BRIDLE GATE PROJECT, LOCATED GENERALLY WEST OF THE SAND CREEK ROAD AND THE STATE ROUTE 4 INTERCHANGE (APNs 019-082-007 and 019-110-076).
WHEREAS, Discovery Builders, Inc. (the “Permittee”) submitted an application to the City of Brentwood requesting approval of a rezone (RZ 17-004) to amend the Planned Development No. 36 (PD-36) Zone to accommodate a requested General Plan amendment (GPA 17-001) and amend the proposed land uses and development standards for the Bridle Gate Project, located generally west of Sand Creek Road and the State Route 4 interchange; and
WHEREAS, the Permittee also submitted a request for a development agreement (DA 19-001), a General Plan amendment (GPA 17-001), a vesting tentative subdivision map (VTSM 8506), a design review for the single-family parcels (DR 17-007), and a design review for the multi-family apartments (DR 17-008) (collectively, along with RZ 17-004), the “Original Project”); and
WHEREAS, the Project is proposed to be located on a roughly 137 acre site bounded by
Old Sand Creek Road to the north, State Route 4 to the east, a single-family residential development (Brentwood Hills) to the south, and the edge of the Brentwood Planning Area and the City of Antioch’s city limits to the west, with a small segment of existing San Jose Avenue bounding the site at its farthest southeastern corner (the “Project Site”); and
WHEREAS, the City referred the Original Project to various departments and agencies for
review and recommendations; and
WHEREAS, the Planning Commission was scheduled to hold a public hearing on the Original Project at its regular meeting of August 18, 2020. However, that day, the California Independent System Operator declared a Stage 2 Emergency and issued notice that a power outage may be necessary beginning at 7:00 p.m. that night in Brentwood. These events led to the applicant and the City jointly requesting a continuance of the hearing, and the Planning Commission and voted to continue the public hearing to its meeting of September 1, 2020; and
WHEREAS, the Planning Commission held a public hearing on the Original Project at its
regular meeting of September 1, 2020, and voted to recommend that the City Council not approve the Original Project, including RZ 17-004; and
WHEREAS, the City Council was scheduled to hold a public hearing at a special meeting to consider the Original Project on September 15, 2020, but on that day, the Permittee requested that consideration of the Original Project be taken off calendar, and instead be heard by the City Council on February 9, 2021; and
WHEREAS, prior to the City Council’s scheduled hearing on the Original Project, the
Permittee modified its application by: 1. Revising its request for approval of GPA 17-001, by withdrawing its previous
request to change the land use designation of a roughly 14-acre parcel to allow for the development of multi-family uses;
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2. Revising its request for approval of RZ 17-004, by withdrawing its previous request to rezone a portion of the Original Project site to allow for multi-family uses;
3. Revising its request for approval of DA 19-001 by removing previous references to multi-family uses;
4. Revising its request for approval of VTSM 8506 by removing a roughly 14 acre portion of the Original Project site from the map, and instead labeling that area as a ‘Remainder Parcel;’ and
5. Withdrawing its request for approval of DR 17-008; and WHEREAS, collectively, with the modifications noted above, DA 19-001, GPA 17-001, RZ
17-004, VTSM 8506, and DR 17-007 now constitute the “Project,” and WHEREAS, as a result of the Project modifications noted above, the City and the
Permittee agreed to move the City Council hearing previously scheduled for February 9, 2021, to March 9, 2021, in order to process the modifications; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on February 26, 2021, and the Permittee posted the Project Site with the required signage in accordance with City policies and Government Code Section 65090; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of March 9, 2021, to consider the Project, including this rezone application and considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project and studied the compatibility of this request with adjacent land uses; and
WHEREAS, the City prepared a Final Environment Impact Report (FEIR), including an Initial Study, and Mitigation Monitoring and Reporting Plan for the Original Project in accordance with the California Environmental Quality Act (“CEQA,” codified at Public Resources Code Section 15000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 21000, et seq.) and determined that no revisions were necessary to the FEIR to consider or approve the Project; and
WHEREAS, at its March 9, 2021, meeting, the City Council made a determination that the
FEIR adequately identified and studied the Project’s impact, certified the FEIR and adopted Findings of Facts and a Statement of Overriding Considerations and a Mitigating Monitoring and Report Plan through adoption of Resolution 21- . NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Brentwood: Section 1. Based on the project materials, the staff report and all attachments, written and oral testimony and comments and all other information presented, hereby finds that with respect to Brentwood Municipal Code Section 17.870.008:
1. No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.
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The proposed rezone request is consistent with the General Plan, as it is requested to be amended through GPA 17-001, in that it will establish residential uses and development standards for the single-family portion of Planned Development (PD) 36. In addition, it will allow gas stations as a conditionally permitted use in the commercial portion of PD-36, identified as Parcel “C” of VTSM 8506. The area which is proposed to be rezoned is not within any specific plan area and thus there is no consistency finding to be made with regard to any specific plan. The rezone would not be inappropriate or otherwise contrary to the public interest, as it would facilitate the development of housing and the availability of additional services.
Section 2.
Hereby approves Rezone No. 17-004, to amend the Planned Development No. 36 (PD-36) Zone to accommodate the General Plan amendment (GPA 17-001) and amend the development standards and uses for the Project.
Section 3. Hereby repeals Municipal Code Chapter 17.486 in its entirety and adopts in its place the revised Municipal Code Chapter 17.486, as set forth in Exhibit “A,” attached hereto and made a part of this resolution. Section 4. 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 Section 3 of 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. Section 5. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
THE FOREGOING ORDINANCE was introduced with the first reading waived at its regular meeting of the Brentwood City Council on the 9th day of March, 2021, by the following vote:
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EXHIBIT “A” TO CITY COUNCIL ORDINANCE
REZONE NO. 17-004 Deletions shown in strikethrough. Additions highlighted. Chapter 17.486 PD-36 (PLANNED DEVELOPMENT THIRTY-SIX) ZONE 17.486.001 Authority, purpose and intent.
The authority, purpose and intent for the adoption of the PD-36 (planned development zone
thirty-six) 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 the development plan and related exhibits 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 four
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. The boundaries of the PD-36 zoning district and its
subareas are as shown on the map in Section 17.486.008.
17.486.002 Permitted and conditionally permitted uses and general development standards for subarea A (low density residential area mixed-use business park area).
A. Permitted Uses for Subarea A.
1. Those uses permitted under R-1 Zone, Section 17.130.002;
2. Parks.
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 less than seventy-five thousand square feet in gross floor area,
including food service, that do not exceed ten percent 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
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-throughs;
12. Other similar uses as determined by the community development director.
B. Conditionally Permitted Uses for Subarea B.
1. Liquor stores, bars, lounges, and drive-through restaurants;
2. New or used car, boat, or recreational vehicle sales;
3. Hotels and motels;
4. Conference facilities, meeting halls, and similar uses;
1. Veterinary facilities, including kennels;
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2. Retail uses equal to or greater than seventy-five thousand square feet in gross floor
area;
3. Gas stations;
7. 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.
C. General Development Standards for Subarea CB.
1. Minimum lot area: One acre, except that a master planned development may be
subdivided into parcels having a minimum lot area of ten thousand square feet;
2. Minimum lot width: One hundred feet;
3. Minimum lot depth: One hundred 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 forty-five feet;
9. Building setbacks:
a. Sand Creek Road: Thirty feet from right-of-way,
b. State Route 4 Bypass: Fifty feet from right-of-way,
c. Sand Creek: Sixty feet from top of bank,
d. Public street frontage: Thirty feet,
e. Interior property lines: Ten feet and clear of any utility easements;
10. All pavement, hardscape, or any other impervious surfaces shall be set back a
minimum of sixty feet from the top of the creek bank;
2. 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—five thousand square feet minimum lot size).
A. Permitted Uses for Subarea C.
1. Those uses permitted under the R-1 zone, Section 17.130.002.
1. Those uses permitted under the R-1 zone, Section 17.130.003.
C. General Development Standards for Subarea C.
1. Minimum lot size: Five thousand square feet;
2. Minimum lot width: Fifty feet;
3. Minimum lot frontage: Thirty-five feet at the front property line for lots on culs-de-sac,
knuckles, or curvilinear streets;
4. Minimum front yard setback: Twenty feet for front-facing garages; fifteen feet for
building walls and porches;
5. Minimum side yard setback: Five feet, with the sum of both sides twelve feet; corner lots
shall maintain a minimum setback of ten feet on the street side yard;
6. Minimum rear yard setback: Fifteen feet, with an average of twenty feet;
7. Maximum building height: Two stories, not to exceed thirty 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 this title;
9. Lots adjacent to open space shall utilize a six-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: Forty percent for two-story homes and forty-five percent for
single-story homes;
12. Maximum number of primary dwelling units: One hundred twenty-four. (Ord. 857 § 2,
2008)
17.486.005 Permitted and conditionally permitted uses and general development standards for subarea D (single-family residential—ten thousand square feet minimum lot size).
A. Permitted Uses for Subarea D.
1. Those uses permitted under the R-l zone, Section 17.130.002.
B. Conditionally Permitted Uses for Subarea D.
1. Those uses permitted under the R-l zone, Section 17.130.003.
C. General Development Standards for Subarea D.
1. Minimum lot size: Ten thousand square feet;
2. Minimum lot width: Ninety feet;
3. Minimum lot frontage: Forty-five feet at the front property line for lots on culs-de-sac,
knuckles, or curvilinear streets;
4. Minimum front yard setback: Twenty feet for front-facing garages; fifteen feet for
building walls and porches;
5. Minimum side yard setback: Five feet, with the sum of both sides fifteen feet; corner lots
shall maintain a minimum setback of ten feet on the street side yard.
A. Off-street parking, unless otherwise specifically addressed in this chapter, shall be
provided pursuant to Chapter 17.620 and Section 17.100.004(H).
B. The parking and storage of boats, trailers, and similar vehicles and equipment shall be
subject to the provisions of Section 17.620.016.
C. Architectural features may project into any required yard pursuant to the provisions of
Chapter 17.660.
D. All signage for subareas B and C A and B shall be in accordance with the provisions of
Chapters 17.640 and 17.645. an approved master sign program.
E. Accessory and service uses in accordance with Chapter 17.650 (Accessory and Service Uses) of the Brentwood Municipal Code. F. Accessory facilities and buildings in accordance with Chapter 17.660 (Encroachments into Required Yards) of the Brentwood Municipal Code. G. Animal keeping in accordance with Chapter 17.670 (Animals) of the Brentwood Municipal Code. F. Home-based businesses in accordance with Chapter 17.840 (Home Occupation Use Permit) of the Brentwood Municipal Code.
