Chapter 17.485 — PD-35 (PLANNED DEVELOPMENT THIRTY-FIVE) ZONE (§ 17.485.001 – §…

The authority, purpose and intent for the adoption of planned development thirty-five (PD-35) zone are as follows:

A.

Authority. PD-35 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations.

B.

Purpose. The purpose of the PD-35 zone is to permit and regulate the development of commercial sites and single-family neighborhoods within the boundaries of the zone in accordance with the Brentwood general plan.

C.

Intent. It is intended that in order to achieve the purpose of the PD-35 zone, the coordinated development of the area encompassed by the zone will be undertaken in accordance with the Brentwood general plan. The boundaries of the PD-35 zoning district and its subareas are as shown on the map in Section 17.485.020. (Ord. 857 § 2, 2008; Ord. 880 § 2, 2010)

The following uses are permitted in the PD-35 zone:

A.

The following uses are permitted in sub-areas A, C, D, E, F, G, H, I, and K:

1.

Those uses permitted under the R-1 zoning district in Title 17;

2.

The continuation of the existing year round Gursky Ranch operation;

3.

Attached housing units in order to comply with the city's adopted affordable housing provisions, Chapter 17.725.

B.

The following uses are permitted in sub-area J:

1.

Those uses permitted under the RE (Ranchette Estate) zoning district in Title 17.

C.

The following uses are permitted in sub-area B:

1.

Convenience retail uses such as bakeries, pastry shops, book stores, candy stores, florists, news-stands, stationery/gift shops, ice-cream parlors, and similar uses.

Supermarkets, drug stores, and similar uses.

Barber or beauty shops, shoe repair, laundromats, dry cleaners, and similar uses.

(Ord. 857 § 2, 2008) The following uses are conditionally permitted in the PD-35 zone:

A.

The following uses are conditionally permitted in subareas A, C, D, E, F, G, H, I, and K: 1. Upon obtaining a use permit, those uses permitted under the R-1 zone, Section 17.130.003. B.

The following uses are conditionally permitted in subarea J: 1. Upon obtaining a use permit, those uses permitted under the RE zone, Section 17.110.003. C.

The following uses are conditionally permitted in subarea B:

1.

On-sale or off-sale liquor establishments;

2.

Fuel sale facilities, alternative fuel stations, convenience stores, meeting rooms/fraternal halls, and neighborhood community centers;

3.

Restaurants and cafés;

4.

Nurseries, child care centers, day care centers, and similar uses;

5.

Other uses that the community development director determines, because of the type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

(Ord. 857 § 2, 2008; Ord. 1078, 12/10/2024)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Single-Family Residential. (Eight Thousand Square Feet to Nineteen Thousand Nine Hundred Ninety-Nine Square Feet).

1.

Minimum lot size: Eight thousand square feet;

2.

Minimum lot width: Seventy feet as measured at the front building line;

3.

Minimum street frontage: Thirty feet;

4.

Minimum front yard setback: Fifteen-foot minimum with an overall average setback of twenty feet. Front facing garages shall be set back a minimum of twenty feet;

5.

Minimum side yard setback: Seven-foot minimum with a seventeen-foot aggregate setback, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard setback, on the street side, of ten feet;

6.

Minimum rear yard setback: Twenty-foot minimum as measured from the property line to the building foundation. Rear yard garages shall be considered an accessory building and shall meet all requirements as shown in Section 17.660.006 of this title;

7.

Maximum building height: Thirty feet.

B.

Single-Family Residential. (Twenty Thousand Square Feet or Larger).

1.

Minimum lot size: Twenty thousand square feet;

2.

Minimum lot width: Ninety feet as measured at the front building line;

3.

Minimum street frontage: Forty-five feet;

4.

Minimum front yard setback: Twenty-foot minimum. Front facing garages shall be set back a minimum of twenty feet;

5.

Minimum side yard setback: Ten-foot minimum with a twenty-five-foot aggregate setback. Corner lots shall maintain a minimum side yard setback, on the street side, of fifteen feet;

6.

Minimum rear yard setback: Twenty-foot minimum. Rear yard garages shall be considered an accessory building and shall meet all requirements as shown in Section 17.660.006 of the this title;

7.

Maximum building height: Thirty feet.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot area: Twenty-five thousand square feet, except that a master planned shopping center may be subdivided into parcels having a minimum lot area of ten thousand square feet and a minimum lot width of one hundred feet;

B.

Minimum street frontage: One hundred twenty feet, except in the event of a subdivision pursuant to subsection A of this section where frontage is not required provided perpetual access is provided by easements;

C.

Minimum street frontage yards: None required;

D.

Minimum non-street frontage yards: Five feet, except that buildings located along the southerly boundary of the subarea shall be set back at least twenty feet from such boundary. These yards shall be screened if required pursuant to Section 17.630;

E.

Maximum building height: The maximum height of all structures in the PD-35 subarea B zone shall be two stories not to exceed thirty feet.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below:

A.

Minimum lot size: Nine thousand square feet;

B.

Minimum lot width: Eighty feet;

C.

Minimum lot depth: One hundred ten feet, except that lots on culs-de-sac shall have a minimum depth of eighty-five feet;

D.

Minimum lot frontage: Forty feet at the front property line;

E.

Minimum front yard setback: Twenty feet to the garage, except fifteen feet for turned garages and fifteen feet to any living space;

F.

Minimum side yard setback: Five feet, with an aggregate of fifteen feet. Corner lots shall maintain a minimum street side setback of ten feet. A minimum of fifteen feet shall be maintained between houses;

G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty percent;

J.

Maximum number of dwelling units: Sixty-seven;

K.

Garages at the rear of the lot shall have a minimum rear and side yard of five feet.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Single-Family Residential. (Eight Thousand Square Feet to Nineteen Thousand Nine Hundred Ninety-Nine Square Feet).

1.

Minimum lot area: Eight thousand square feet;

2.

Minimum lot width: Seventy feet as measured at the front building line;

3.

Minimum street frontage: Thirty feet.

4.

Minimum front yard setback: Fifteen feet with an average overall setback of twenty feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty feet as measured from property line to garage lip;

5.

Minimum side yard setback: Fifteen feet aggregate, with seven feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet. A proposed detached garage structure may be located within the side yard up to a "zero" setback (three feet per Uniform Building Code). Side yard setback minimums for cul-de-sac or knuckle nonrectangular

lots shall be seven feet at the front corners of the structure. When the side of the house is not parallel to a property line, the average aggregate side yard setback shall not be less than fifteen feet;

6.

Minimum rear yard setback: Twenty feet as measured from the property line to the building foundation. The proposed garage structure may be located within the rear yard up to a "zero" setback (three feet as per the Uniform Building Code);

7.

Setbacks from sidewalks: Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location;

8.

Maximum building height: Thirty feet;

9.

Fences: Minimum clearance from any part of the residence to a side yard fence shall be five feet. Side yard fences on the street side of corner lots shall be five feet behind the back of walk, or one foot from the top of slope, whichever is greater.

B.

Single-Family Residential. (Greater Than Twenty Thousand Square Feet.)

1.

Minimum lot area: Twenty thousand square feet;

2.

Minimum lot width: Ninety feet, as measured at the front building line;

3.

Minimum street frontage: Forty-five feet;

4.

Minimum front yard setback: Fifteen feet with an average overall setback of twenty feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty feet;

5.

Minimum side yard setback: Thirty feet aggregate, with twelve feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of fifteen feet. The proposed garage structure may be located within the side yard up to a ten-foot setback;

6.

Minimum rear yard setback: Twenty feet with an average overall setback of at least twenty feet as measured from the property line to the building foundation. The proposed garage structure may be located within the rear yard up to a "zero" setback (three feet as per the Uniform Building Code);

7.

Setbacks from sidewalks: Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location;

8.

Maximum building height: Thirty feet.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot size: Eight thousand square feet;

B.

Minimum lot width: Seventy feet

C.

Minimum lot depth: One hundred ten feet;

D.

Minimum lot frontage: One-half the required lot width;

E.

Minimum front yard setback: Twenty feet to the garage door face, fifteen feet to any primary building wall; F. Minimum side yard setback: Seven feet; aggregate fifteen feet. All corner lots shall have a minimum of ten feet on the street side;

G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty percent. (Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot area: Eight thousand square feet; B.

Minimum lot width: Seventy feet; C.

Minimum lot depth: One hundred ten feet. D. Minimum lot frontage: One-half the required lot width; E.

Minimum front yard: Twenty feet to the garage; twelve feet to any primary building wall; F.

Minimum side yard: Five feet; aggregate fifteen feet. All corner lots shall maintain a minimum side yard on the street side of ten feet;

G.

Minimum rear yard: Twenty feet;

H.

Maximum building height: Thirty feet and two stories.

I.

Maximum lot coverage: Forty percent. (Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot size: Eight thousand square feet, with the exception of parcels A and B of minor subdivision No. 357-04, which shall have a minimum lot size of five thousand four hundred square feet;

B.

Minimum lot width: Seventy feet, with the exception of parcels A and B of minor subdivision No. 357-04, which shall have a minimum lot width of fifty-five feet;

C.

Minimum lot depth: One hundred five feet;

D.

Minimum lot frontage: One-half the required lot width;

E.

Minimum front yard setback: Twenty feet to the garage, fifteen feet to any primary building wall;

F.

Minimum side yard setback: Seven feet with an aggregate of fifteen feet (ten feet on the street side of corner lots), with the exception of duet units, which shall have a common side yard setback of zero feet with an aggregate of fifteen feet (ten feet on the street side of corner lots);

G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty-five percent for single-story units, provided that a minimum of thirty-five percent of the total number of lots have single-story units, otherwise the maximum lot coverage shall be forty percent; forty percent for two-story units.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot size: Eight thousand square feet;

B.

Minimum lot width: Sixty-five feet (the width of all lots shall be measured thirty feet from the front property line);

C.

Minimum lot depth: One hundred feet.

D.

Minimum lot frontage: One-half the required lot width;

E.

Minimum front yard setback: twenty feet to the garage, fifteen feet to any primary building wall;

F.

Minimum side yard setback: Five feet with an aggregate of fifteen feet (ten feet on the street side of corner lots), and a minimum of fifteen feet between houses;

G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty percent. (Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below:

A.

Minimum lot size: Five thousand eight hundred square feet; three thousand six hundred square feet for duets; B.

Minimum lot width: Sixty feet; forty feet for duets; thirty feet for cul-de-sac lots, as measured at the front property line;

C.

Minimum lot depth: Eighty feet;

D.

Minimum lot frontage: One-half the required lot width;

E.

Minimum front yard setback: Twenty feet to front facing garage door and fifteen feet to any primary building wall;

F.

Minimum side yard setback: Five feet with an aggregate of twelve feet and ten feet on the street side of a corner lot (zero feet with an aggregate of fifteen feet for Lot 32 of VTSM 8982);

G.

Minimum rear yard setback: Twenty feet (zero feet for Lot 31 and ten feet for Lot 32 of VTSM 8982); H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty-five percent for single-story units, providing that a minimum of thirty-five percent of the total number of lots have single-story units, otherwise the maximum lot coverage shall be forty percent; forty percent for two-story units;

J.

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 the Municipal Code.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot area: One acre;

B.

Minimum lot width: One hundred forty feet except as provided for in subsection (F)(1);

C.

Minimum front yard: Twenty feet;

D.

Minimum side yards: Twenty feet, except as provided in subsection (F)(2);

E.

Minimum rear yard: Forty feet;

F.

Exceptions:

1.

Cul-de-sac lots shall have a width of not less than one hundred feet measured thirty feet from the front property line and no less than sixty-foot width at the front property line,

2.

Corner lots shall maintain a side yard on the street of twenty-five feet;

G.

Maximum building height: No accessory or main building shall exceed a height of two stories and thirty-five feet.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot area: Eight thousand square feet;

B.

Minimum lot width: Seventy feet except as provided for in subsection (F)(1).;

C.

Minimum front yard: Twenty feet;

D.

Minimum side yards: Seven feet, the sum of both sides, twenty feet, except as provided subsection (F)(2).; E.

Minimum rear yard: Twenty feet;

F.

Exceptions:

1.

Cul-de-sac lots shall have a width of not less than seventy feet measured thirty feet from the front property line,

2.

Corner lots shall maintain a side yard on the street of ten feet;

G.

Maximum building height: No main building shall exceed a height of two stories and thirty feet; H.

An open-space buffer of eighty feet shall be established along the southern extents of the subarea adjacent to Sand Creek Channel to provide for rehabilitation and restoration of the creek. (Ord. 857 § 2, 2008)

A.

Design and site development review shall be required for all housing developments within PD-35 pursuant Chapters 17.100 and 17.800 of this title.

B.

Where possible, the architect shall mix hip and gable roof forms. Where lots back up to major thoroughfares, rear yard architectural elevations should be designed with enhanced window trim and other features such as balconies, second story bay windows and second story bedroom popouts to provide greater articulation and variety to the rear elevation. Fifty percent of the lots adjacent to arterial thoroughfares shall be single story plans. Structures taller than one story should be designed on wider and/or deeper lots with greater setbacks, developed facing the thoroughfare off a frontage road, or designed in such a manner as to resemble a onestory profile. Deviations from these suggested alternatives will require special consideration. (Ord. 857 § 2, 2008)

A.

Architectural features (such as cornices, eaves, bay windows and fireplaces) measuring two feet by five feet or less may project into any required setback. Any architectural feature greater than two feet by five feet may not project into any required setback. No portion of the house shall be less than ten feet from the front property line.

B.

The landscaping for PD-35 shall promptly comply with the regulations contained in the city of Brentwood Municipal Code Chapter 17.630 entitled "Landscaping and Screening" and/or as approved as a part of PD35. Required landscape plans shall be prepared and submitted with each tract map application within the zone.

C.

The design of the subdivision entryway shall consist of a combination of signage, landscaping, lighting, monumentation, hardscape and other materials. This subdivision entryway design shall be reviewed and approved by the planning commission.

D.

All developer-provided front yard landscaping shall be installed with water conserving materials, as per applicable water conservation ordinances. Landscape and irrigation plans for each typical lot shall be submitted with each tract map application.

E.

PD-35 shall contain park areas within or near its boundaries as designed by the park and recreation master plan. Open space areas may be required to be offered for dedication as part of the public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, approved by the city, sufficient to assure the maintenance and preservation of such a space whatever purpose it is intended. Covenants or other legal arrangements shall specify: the ownership of the open space; method of maintenance; responsibility for 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 city council; and any other specification deemed necessary by the city.

F.

Open space consistent with the commons theme shall be provided as an integral part of PD-35. Open space shall be eight to ten percent of the acreage for the entire PD-35 area and shall include landscape medians; expanded frontage and parkway landscape, trails/pathways and the linear open space/commons connecting the neighborhood parks.

G.

Permitted uses in the park and open space areas include: public parks and facilities, restrooms, playing fields, parking, playgrounds, drainage channels, greenbelt areas which are formed by land development, pedestrian and/or bicycle trails, access for maintenance/emergency vehicles, and neighborhood open space/commons.

H.

The properties included in PD-35 shall provide for a five-acre passive neighborhood park area, the payment of "in-lieu" fees, or a combination thereof, is required by the city's general plan. The park area shall consist of one five-acre neighborhood park as required by the city of Brentwood and the park and recreation master plan.

I.

Off-street parking shall be provided pursuant to Section 17.620 of this title. Where it is possible garages on corner lots shall be able to have their garage entries oriented to the side street, providing that the garage door is set back twenty feet from the property line.

J.

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

K.

Except as otherwise specified in regulations within this document, development of the PD-35 zone shall be in accordance with existing city standards as contained in the Brentwood Municipal Code.

L.

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

A minimum of ten percent of the lots shall have side-loading garages.

N.

A minimum of twenty-five percent of the lots shall have single-story units. O.

Fifty percent of the corner lots shall have single-story units. (Ord. 857 § 2, 2008) A.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620 of this title. B.

Development Standards. The uses within the PD-35 subarea "B" zone shall comply with Section 17.200.003. of this title.

C.

Performance Standards. The uses within the PD-35 subarea "B" zone shall comply with Section 17.200.004. of this title.

D.

Signs. All signage for uses within the PD-35 subarea "B" zone shall be in accordance with Section 17.640 of this title.

(Ord. 857 § 2, 2008)

The agricultural overlay zone is established for a portion of the PD-35 zone. The overlay zone allows certain land uses with limitations per subsections A through D, in addition to the land uses permitted by the PD-35 zone. The area of this overlay zone is defined on the map in Section 17.485.019.

A.

The following uses are permitted within the agricultural overlay zone: for parcels with a minimum lot size of forty thousand square feet, and which had existing agricultural operations at the time of annexation to the

city: agricultural operations; farming; raising, keeping, dairying, poultry raising, animal breeding, and/or livestock production of more than twenty-four fowl, rabbits, other grain fed rodents, or four large livestock, or thirty small livestock; up to an additional two large livestock or fifteen small livestock shall be permitted for every additional twenty thousand square feet of lot area above the forty thousand square foot minimum lot size; aviaries; one single-family dwelling; and other similar uses as determined by the community development director.

B.

The following uses are conditionally permitted within the agricultural overlay zone: for parcels with a minimum lot size of forty thousand square feet, and which had existing agricultural operations at the time of annexation to the city: riding academies; stables; dog kennels (up to twenty dogs); canneries; wineries; agricultural stands; U-pick operations; processing of agricultural products; and other similar uses as determined by the community development director.

C.

The following uses are prohibited within the agricultural overlay zone: slaughterhouses, fertilizer yards, bone yards, rendering plants, or any other industrial use which may be objectionable due to odor, smoke, dust or fumes.

D.

Definitions and Other Regulations. For the purposes of this section, the provisions of Chapter 17.670 shall be applicable to the keeping of animals, except that the number of animals permitted shall be pursuant to subsections A and B, rather than Section 17.670.005(A).

(Ord. 880 § 3, 2010)

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(Ord. 880 § 4, 2010)

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(Ord. 892 § 2, 2011)