Chapter 17.471 — PD-21 (PLANNED DEVELOPMENT TWENTY-ONE) ZONE (§ 17.471.001 – § 17.471.006)

The authority, applicable law, purpose and intent for the adoption of the PD-21 (planned development twentyone) zone are as follows:

A.

Authority. This 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. A purpose of this zone is to permit and regulate the development of the two hundred eleven acres described on the development plan and related exhibits. Another purpose of the PD-21 zone is to supersede and replace all prior zoning regulations applicable to the property, including Ordinance No. 512—Planned Development Zone 15 (PD-15), Chapter 17.465. Further, in recognition of the very large size of the Brentwood Country Club, its predominant age-restricted occupancy and its probable construction over a number of years, it is also the purpose of this zone to allow flexibility in the design and development standards to encourage construction of a high quality community and to facilitate ease of adapting the housing product to market demands which change over time, and to allow construction of streets and other improvements consistent with reduced demand levels associated with age-restricted occupancy. C.

Intent. In order to achieve the purpose of the PD-21 zone, it is intended that development be in accordance with land uses and acreage shown on the development plan and related exhibits. The boundaries of the PD21 zoning district and its sub-areas are as shown on the map in Section 17.471.006. The following three development areas are contained within this planned development:

1.

Areas A1, A2, and A3: residential and golf course uses;

Area B: commercial uses;

3.

Area C: public service uses. (Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018)

Areas A1, A2, and A3 of the development plan and related exhibits shall be subject to the following:

A.

Permitted Residential Uses.

1.

Within Area A1, single-family single-story detached and attached homes for age-restricted occupancy shall be a permitted use;

2.

Within Area A2, single-family detached homes for non-age-restricted occupancy shall be a permitted use. 3.

Within Area A3, single-family single-story, two-story, and single-story homes with a loft included within the roofline of a single-story home for age-restricted occupancy shall be a permitted use.

B.

Additional Permitted Uses. The following shall be permitted within Areas A1, A2, and A3:

Model home sales facilities;

2.

Golf course and related facilities including clubhouse, tennis courts, maintenance structures and related recreation facilities;

3.

Homeowners' association recreation buildings, tennis courts, swimming pools, bocce courts, other commonuse facilities and related facilities, and open area;

4.

Home occupations subject to obtaining a home occupation zoning review pursuant to Chapter 17.840;

5.

The keeping of domestic pets subject to Chapter 17.670;

6.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

7.

Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone;

8.

Other uses determined by the community development department to be similar to and compatible with the preceding permitted uses.

C.

Conditionally Permitted Uses. The following uses may be permitted within Areas A1 and A2 pursuant to approval of a conditional use permit:

1.

Uses ancillary to a golf clubhouse, which will serve persons other than users of the golf course, such as a restaurant or bar;

2.

Other uses determined by the community development department to be similar to the ancillary use.

D.

Maximum Number of Units and Minimum Lot Area.

1.

Maximum Units. A maximum of five hundred eleven dwelling units shall be permitted within the land of Areas A1 and A2. Additionally, a maximum of eighty-seven dwelling units shall be permitted within the boundaries of Area A3;

2.

Lot Area. Minimum lot area shall be four thousand square feet within Areas A1, A2, and A3; provided, that within Area A1 two thousand five hundred square feet is the permitted minimum per attached duet dwelling unit. A variety of lot sizes, larger than the minimums, shall be included within the land of Areas A1, A2, and A3 to provide a variety of housing products and yard conditions;

3.

Setbacks, Height and Parking. Each yard setback below shall be measured from its respective property line, except that for Areas A1 and A2, measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling.

Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter 17.660, Encroachments into Required Yards.

Notes:

** Every duet unit shall include patio area of not less than 15′ x 10′. *** Homes in Area A3 that are adjacent to existing development along Upton Pine Drive and Wickson Way are limited to single-story and single-story-profile designs as described in subsection A.3 herein.

E.

Construction Standards.

1.

Area A1, Variety in Building Mass. Variety in building mass shall be accomplished by:

a.

Inclusion in the floor plans available for purchase, varying front façade design, such as optional side-entry garages and varying the entryway location and design;

b.

Avoidance of using of a single floor plan more than twice in any group of four or more contiguous homes;

c.

Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alters the visual mass of a floor plan;

d.

At the time site design and development review multiple floor plans, incorporating design variations such as those described above, shall be submitted.

2.

Area A2, Variety in Building Mass.

a.

In each group of four or more contiguous homes, twenty-five percent shall be constructed with one or more of:

i.

Single-story units; or

ii.

Side-entry garages; or

iii.

Minimum front setback of thirty feet.

b.

Single-story homes shall be constructed on lots adjoining the arterial street Fairview Avenue.

3.

Area A3, Variety in Building Mass. Variety in building mass shall be accomplished by:

a.

Inclusion in the floor plans available for purchase, varying front façade design, and varying the entryway location and design;

b.

Avoidance of the use of a single floor plan more than twice in any group of four or more contiguous homes;

c.

Inclusion of floor plan purchase options, which alter the visual mass of a floor plan.

Acoustical Analysis. Dwellings in Areas A1, A2, and A3 adjacent to Fairview Avenue, Balfour Road and the State Route 4 Bypass shall be designed to meet the city's interior noise level standard 45 dBA L[dn] . F.

Design Review. Within Areas A1, A2, and A3 design review shall be required as follows:

1.

Residential Buildings. Design and site development review shall be required pursuant to Chapter 17.820, except that for Areas A1 and A2, authority to review and approve or deny an application for design and site development review is hereby delegated to the community development department; 2.

Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to a plan to be approved by the community development department prior to issuance of building permits for the lots to be landscaped, fenced or walled. The plan shall specify colors, materials and spacing of elements;

3.

Recreation Facilities and Conditional Use Permit Uses. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:

a.

Golf clubhouse and related buildings;

b.

Recreation buildings and accompanying outdoor facilities such as pools;

c.

Buildings for which approval of a conditional use permit by the planning commission is required.

(Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018; Ord. 1084, 3/11/2025)

Area B of the development plan and related exhibits shall be subject to the following:

A.

Permitted Uses. The following uses are permitted within Area B:

1.

Commercial retail including sales or rentals of new merchandise or services, or personal or financial services such as:

a.

Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor;

b.

Clothing stores;

c.

Pharmacies/drug stores;

d.

Small grocery stores (twenty thousand square feet maximum floor area), delicatessens, bakeries or pastry shop;

e.

Hardware stores;

f.

Restaurants, including those which provide outdoor use of designated seating areas;

g.

Bookstores and video stores;

h.

Florist;

i.

Stationary store/gift shop;

j.

Printing or copying stores;

k.

Office supply store;

l.

Barber shops and beauty parlors;

m.

Banks and savings and loans with ATM;

n.

Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair;

o.

New auto retail with secondary service and repair uses;

p.

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

q.

Public and quasi-public uses, such as government office, library, employment office, utility offices and similar uses;

r.

Professional and business offices including medical offices;

s.

Health/fitness center;

t.

Veterinary clinic with indoor medical boarding facilities;

u.

Drapery shop, upholstery shop, carpet sales, spa sales, satellite dish sales and furniture sales provided that they do not manufacture their primary product on the premises, and there is no outdoor storage;

v.

Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted uses; such uses may include a parking lot.

A one-hundred-twenty-room hotel;

3.

Senior apartments at thirty dwelling units per acre only if associated with a residential care facility campus located within the entirety of subareas B and D of this zone;

4.

Convalescent hospitals; large residential care facilities, including residential, congregate residential, convalescent care, and assisted care; facilities for the care of the sick or elderly, health club or recreational club, dining room, entertainment area, library, art and craft room and private dining room, full service main kitchen and laundry areas reflecting industry standards of density and design.

B.

Conditionally Permitted Uses. The following uses may be permitted within Area B pursuant to approval of a conditional use permit:

1.

Selling of alcoholic beverages associated with a permitted use;

2.

Operation of a drive-through associated with a permitted use;

3.

Outdoor sales or display;

4.

Tasting rooms or boutique wineries;

5.

Temporary and interim uses including a nursery, produce market, auction gallery, flea market, or craft and art fairs;

6.

Churches and religious institutions;

7.

Other similar uses as determined by the community development director.

C.

Prohibited Uses. The following uses are prohibited within Area B:

1.

Merchandise and/or general retail sales greater than seventy-five thousand square feet in gross floor area; 2.

RV sales and service;

3.

Motels (a transient residence without twenty-four-hour guest services);

Gas station;

5. Outdoor kennels;

6.

Large individual corporate establishments;

Light industrial complexes;

Computer software companies;

Research laboratories; 10. Warehousing; 11. Cabinet makers; 12. Equipment repair; 13. Wholesale home furnishings;

14. Light manufacturing; 15.

Wineries (and associated orchards, row crops, production facilities, packaging and shipping facilities, amphitheater and related uses, and catering facilities);

16.

Non-age-restricted multifamily housing units.

D.

Minimum Lot Area and Setbacks.

1.

Lot Area. Minimum lot area shall be one acre (forty-three thousand five hundred sixty square feet) within Area B;

2.

Setbacks, Height and Parking. The yard setback shall be measured from its respective property line. All yard setbacks shall be measured to the nearest specified wall of the building. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter 17.660, Encroachments into Required Yards. a.

Minimum setbacks from property lines are as follows:

i.

Internal property line: zero feet.

ii.

Balfour Road: ten feet. iii. State Route 4: fifty feet.

iv.

Summerset Drive: fifteen feet.

b.

Maximum building height: fifty feet.

c.

Parking. Pursuant to Chapter 17.620 or as approved with a shared parking plan. E.

Design Review. Within Area B design review shall be required as follows:

1.

Commercial Buildings. Design and site development review shall be required for uses outlined in subsections A and B pursuant to Chapter 17.820;

2.

Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to a plan to be approved by the community development department prior to issuance of building permits for the structure to be landscaped, fenced or walled. The plan shall specify colors, materials and spacing of elements.

(Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018) Area C of the development plan and related exhibits shall be subject to the following: A.

Permitted Uses. The following uses are permitted within Area C:

Agriculture;

2.

Public service uses including fire prevention and public emergency service land uses.

B.

Conditionally Permitted Uses. Land uses determined by the community development department to be similar to and compatible with agriculture and public service uses may be permitted within Area C pursuant to approval of a conditional use permit.

(Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018)

A.

Exceptions to Zoning Regulations. The community development department may permit exceptions to the regulations of this chapter and the remainder of Title 17 upon finding that granting of the exception will constitute an insignificant deviation from the land uses, activities and construction otherwise resulting from strict application of the regulations of this chapter.

B.

Exceptions to Engineering Standards. Adopted city engineering standards are contained in the city's Title 17 Subdivision and Land Development Ordinance, the Engineering Design Standards, the Standard Plans and Specifications, the Standard Drawings and in policy determinations made by the director of public works and the city engineer.

(Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018)

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(Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018)