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CITY COUNCIL AGENDA ITEM NO. 21


Meeting Date: June 12, 2001

Subject/Title: Public Hearing for John Muir/Mt. Diablo Health System Application for General Plan Amendment, Rezone, and Development Agreement

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: Jon Elam, City Manager



RECOMMENDATION:

 The Planning Commission and staff recommend that the City Council introduce and waive first reading of Ordinance No. ____ to approve:

1. The Mitigated Negative Declaration, including that all recommended mitigation measures therein be incorporated into the project.

2. The General Plan Amendment.

3. The Rezone.

4. The Development Agreement.

PREVIOUS ACTION

On April 24, 2001, the Council received a presentation on the Muir project.

BACKGROUND

The attached conceptual plans and project description letter from the Terrill Company, will provide you with a good orientation to what is being proposed. In brief, the site is located on the south side of Balfour, west of existing Concord Ave. The Highway 4 Bypass is planned for the area of existing Concord Ave., which will be relocated to bisect the subject site. The site consists of 57 gross acres, and is proposed to be split into two subareas of 32 net acres in the eastern area with frontage on Balfour, and 17 net acres west of the relocated Concord Ave. The 32 acre parcel is primarily proposed for long range, phased development as a mixed use medical campus, with some retail allowed. The balance of the site is proposed for complimentary commercial/office and high density residential uses.

On May 1, 2001, the Planning Commission held a public hearing on the project. At that time, they approved the Tentative Subdivision Map for the site, and recommended approval of the General Plan and Zone Amendments, and Development Agreement, to the City Council. 

GENERAL PLAN AMENDMENT

The existing General Plan designation for the site is a combination of office, neighborhood commercial and high density residential. The draft proposed General Plan Update land use for the site is office business park east of new Concord, and high density residential west of new Concord. The applicant is proposing that the General Plan land use designation for the site be amended to create a new Special Planning Area (SPA), to allow the medical campus, commercial/office and high density residential uses. This would appear to be generally consistent with the direction of the General Plan Update. SPA Q will be created to reflect this, with language as specified in the attached Ordinance. 

REZONE

The existing Zoning for the site is Planned Development (PD) 20, which divides the site into several subareas, allowing for general commercial, planned employment center, and residential uses. This Zone consists of a much larger area than the subject site, including the Suncal subdivisions, which are residential. The applicant proposes that the Zoning be amended to create a new PD 49 Zone specifically tailored for the Muir site only, and to implement the SPA General Plan designation. The proposed permitted uses would include: medical, related professional and business offices, hospitals, large residential care facilities, helipads, general and convenience retail sales (on the East Site limited to 12 acres, and 5 years in the future), multi family residential up to 25 units per acre, and congregate care/assisted living. Proposed uses permitted subject to a Conditional Use Permit (CUP) include hotels and motels, child care, health clubs, and mixed uses. These proposed uses appear to be generally consistent with the existing Zoning designations, and are more specifically called out in the attached Ordinance.

Items of note include a proposed maximum building height of 75 feet or 6 stories on the east site, and 40 feet or 3 stories on the west site. Also, the proposed medical transport helipad proposed for the northeast corner of the site, adjacent to the Bypass and Balfour. The approach will be from the southeast, over the Bypass. 

CONCEPTUAL SITE PLAN

The Conceptual Site Plan shows a medical campus development style, with eight medical buildings including a potential 75 foot high/six story, 100 bed hospital, internal ring road, peripheral parking lots, and helipad as the predominant features of the east portion of the site. Full maximum buildout of the eight medical buildings would generate up to approximately 625,000 sq. ft. of floor area. The estimated range of floor areas for the buildings are:

Building Number Floor Area 

1 20 – 75,000 sq. ft.
2 50 – 100,000 sq. ft.
3 10 – 20,000 sq. ft.
4 50 – 100,000 sq. ft.
5 70 – 95,000 sq. ft.
6 100 – 150,000 sq. ft.
7 5 – 10,000 sq. ft.
8 50 – 75,000 sq. ft.

Total 355,000 – 625,000 sq. ft.
The phase #1 medical office building, including clinical practice space for 35 Primary Care Physicians and an Urgent Care Center linked to the helipad, will be oriented toward the Balfour 

Road entry. The west portion of the site is labeled “Future Mixed-Use Development” with no proposed building pattern on the plan at this time. Potential uses on the west site are commercial/office up to 260,000 sq. ft.; or medium to very high density residential, up to 25 units per acre; or a mix of residential and commercial office uses. 

Regarding vehicular access, joint road access with the Arco property to the west will be provided. Access related to the future Bypass off ramp at Balfour has been addressed as a condition of approval of the Subdivision. The Conceptual Site Plan will be acted on as part of the Rezone. The applicant’s submittals for Design Review approval for specific building plans in the future must be substantially in conformance with the approved Conceptual Plan; or they may have to amend the Conceptual Plan.

DEVELOPMENT AGREEMENT

Most of the terms of the proposed Development Agreement (DA) are standard, with certain exceptions. The major focus of negotiations between the applicant, Councilman Petrovich, the City Attorney and myself have been to ensure that some medical facilities will be built on the East Site within a reasonable time frame. Section 2.02 on page 6, provides for Muir to commence construction of 15,000 square feet of health care related uses within 5 years of approval of the DA, or they would lose their 20 year fee lock incentives for health care uses. Upon completion of 45,000 square feet of health care uses, the fee lock would be extended 10 more years, for a total 30 year term, for medical and related uses.

In exchange, Muir has requested up to 12 acres of retail on the East Site, which can only be developed 5 years after approval of the DA. They also requested that residential development on the West Site be exempt from any moratoriums or growth controls. Staff has countered that single family housing would not be exempt. Medium (8 units/acre) or higher density would be exempt, because the City seeks to promote such housing, especially adjacent to major regional roads, such as the Hwy. 4 Bypass. Muir has accepted this, and it is reflected in the draft DA.

ENVIRONMENTAL REVIEW

The applicant has submitted a number of studies for City review and analysis, including a Heliport Design Report, Noise Study and Traffic Analysis. These have been analyzed by staff, with the assistance of Councilman Petrovich, and Planning Commission Chairman Shipley, who have expertise with noise and helicopter matters.

An environmental Mitigated Negative Declaration (MND) has been prepared for the project, which concludes that any potentially significant adverse impacts arising from the project, can be mitigated to acceptable levels. The MND public review period closed on May 1. No significant comments have been received to date. The MND has been provided to the Council at an earlier date under separate cover, and the special studies have been available for reference in the Community Development Department office. Following is a summary of some of the key environmental issues:


Aesthetics

The General Plan identifies Mount Diablo as a significant natural feature. The Plan encourages preservation of important viewsheds. The project proposes a six story, 75 foot high building. The applicant has submitted computer generated visual simulations of the project from various vantage points as directed by the Planning Commission and staff. These views show that the project would not significantly obstruct views of Mt. Diablo and the foothills.

Noise

A Noise Assessment was prepared with sound measurements being taken in three locations to measure existing noise levels at Summerset northeast of the site, the Lakes northwest of the site and at Suncal southwest of the site. Existing noise levels currently meet the City standard of 60 dB DNL. Specific attention in the Assessment was given to helicopter noise. At full operation, helicopter trips would average 0.08 trips per day, or 2 – 3 per month. Each flight would generate maximum noise levels up to 10 dB above typical maximum automobile noise. However, the flights are short, and when averaged over a day would not result in an exceedance of the city noise standard. Nevertheless, early on the helipad site was moved further south, adding more distance between it and homes on the north side of Balfour. The flight path will be along the Bypass until at a high altitude, further diminishing noise impacts on residences.

On April 21, at my request, Muir staged a helicopter flight over the site, and along the proposed flight path. This demonstration was noticed to the surrounding neighborhoods. Those present felt the noise was acceptable. A noise meter reading of 84 dB was taken within about 150’ of the helicopter while it hovered. The nearest homes are much further than that, and the helicopter would not hover during normal operations. The landing and take off occurred rapidly. Within seconds of takeoff, noise was not noticeable. 

Traffic

A Traffic Study prepared for the project concluded that with implementation of the four mitigation measures recommended in the MND, the six intersections studied along Balfour Road (realigned Concord, the Muir entrance driveway, the Bypass, Fairview, East Country Club Drive, and West Country Club Drive) would continue to operate at an acceptable level of service (LOS D or better). 

MND Conclusion

The Initial Study concludes that with the inclusion of the recommended mitigation measures, that any potentially significant impacts would be reduced to a less than significant level. Therefore, it is recommended that Council approve the project, as noted above.


ORDINANCE NO. 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING: A MITIGATED NEGATIVE DECLARATION; GENERAL PLAN AMENDMENT; REZONE AND DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF BALFOUR ROAD, WEST OF EXISTING CONCORD AVE./FUTURE HIGHWAY 4 BYPASS. 

The Council of the City of Brentwood does ordain as follows: 

Section 1. The City Council hereby finds and determines as follows:

A. John Muir/Mt. Diablo Health System ("JMMD") has purchased a legal interest in certain real property, consisting of approximately 58 acres near the intersection of Balfour Road and Concord Avenue ("Property") and; 

B. JMMD intends to construct various medical facilities which may include a urgent care, emergency care, medical offices, wellness center, and a hospital on the Property; and

C. JMMD has applied for: a General Plan Amendment from the existing combination of office, neighborhood commercial and high density residential uses, to create a new Special Planning Area (SPA) Q, to allow a medical campus, commercial/office and high density residential uses; a Rezone from Planned Development (PD) 20, which divides the site into several subareas, allowing for general commercial, planned employment center, and residential uses, to create a new PD 49 Zone specifically tailored for the Muir site, including a Conceptual Site Plan, intended to implement the SPA General Plan designation; and a Development Agreement, for the subject site of 57.6 acres located on the south side of Balfour Road, west of existing Concord Ave./future Highway 4 Bypass; and

D. The Planning Commission has approved a recommendation to the City Council to enter into the Development Agreement based upon the findings outlined in its May 1, 2001, Resolution No. 01-24 and the Planning Commission's determination the proposed Development Agreement conforms to the findings set forth in Brentwood Municipal Code §17.810.008.

The Planning Commission's recommendation is to approve the General Plan Amendment, Rezone, Development Agreement and the Project, including the project approvals as outlined in the Development Agreement, and subsequent approvals and certain alternatives to the Project. The Planning Commission has reviewed and assessed the environmental impacts of the Development Agreement and Project based upon the California Environmental Quality Act, California Public Resources Code Section 21000, et seq. the CEQA guidelines, and California Code of Regulations, Title 14, Section 1500, et seq. and the City's local guidelines and based on earlier EIR and planning studies, including a traffic study for the Property and its proposed land uses and adjacent planned uses as well as the Initial Study/Mitigated Negative Declaration adoption; and

E. A Notice of Mitigated Negative Declaration for the subject General Plan Amendment, and Rezone has been prepared as required by CEQA and that mitigation measures have been incorporated into the project which are intended to reduce the identified impacts to a less than significant level; and

F. A Notice of Public Hearing before the City Council was mailed to all property owners of record within 300 feet of the project and published in the Ledger Dispatch; and

G. On June 12, 2001, the City Council conducted a duly noticed public hearing, for the above listed items, considered the staff recommendation and public comment; and 

H. 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, and all other pertinent documents and associated actions regarding the proposals; and 

I. The Mitigated Negative Declaration (MND) for the Project has been prepared and circulated in accordance with all applicable provisions of CEQA and represents the independent judgment of the City of Brentwood. Pursuant to Sections 15168(c) and 15162 of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the Program EIR prepared for the 1993 City of Brentwood General Plan. The Initial Study has further evaluated potential project specific impacts to the environment. Based upon this evidence and the Mitigated Negative Declaration this City Council finds that any potentially significant adverse environmental impacts generated by this project will be reduced to acceptable levels by implementation of the mitigation measures recommended in the MND, and incorporated as provisions of this project by reference; and 

J. The City Council further finds that no significant new information within the meaning of Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City which would necessitate recirculation of the Mitigated Negative Declaration for further public review; and 

K. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment, and the Mitigated Negative Declaration reflects the City Council’s independent judgement and analysis; and

L. The General Plan Land Use Element Text and Map Amendment shown below is consistent with and implements the General Plan; and

M. The General Plan Amendment is internally consistent with the General Plan; and 

N. The Zoning Amendment is consistent with the General Plan and other applicable City plans, and is appropriate to the public interest, in that it will help implement several General Plan Policies, and protect, maintain and enhance the built environment and economy of Brentwood; and

O. Both parties acknowledge that the JMMD's Property is larger than what is needed for a medical campus given the campus' proposed service area population; and 

P. Both parties acknowledge that JMMD intends to develop the area of the Property not needed for medical campus as an employment generating mixed-use campus consisting of possible medium to very high-density residential units, retail, and medical, and professional office uses; and

Q. City acknowledges JMMD's uncertainty regarding the future health care needs of the City and medical campus's proposed service area and JMMD's need to maintain flexible for its future development options on the Property; and

R. Both parties agree that medical uses are intended to be constructed on the 37.4 acre portion of the Property ("East Site") but an option exists to develop 12 acres of the East Site for retail uses after five years from the effective date of this Agreement if it can be demonstrated to the satisfaction of the City Council that the remainder is sufficient for the medical campus and the population to be served; and

S. The remainder to the Property consisting of approximately 20.28 acres ("West Site") is planned for possible commercial, office uses, or medium to very high density residential uses; and

T. In order to expedite health care provision in the City and to encourage JMMD to move forward with its Project applications, the City and JMMD desire to enter into a Development Agreement as provided by Brentwood Municipal Code Chapter 17.810.; and

U. The City desires to promote the orderly development of the subject real property described in the Development Agreement between the City of Brentwood and JMMD ("Development Agreement") and to outline the applicable law, regulations, ordinances, resolutions, policies, and standards and specifications, permitted uses, and restrictions on moratoria and other limitations on the rate or timing of development, and the life of subdivision maps. 

Section 2. The City Council of the City of Brentwood acts as follows:

A. Approves the Mitigated Negative Declaration, and Mitigation Monitoring Program and authorizes the filing of a Notice of Determination for the project.
B. Approves the amendment of the General Plan Land Use Element text and Map on the subject property as described below.
C. Approves the amendment of Zoning text and Map as described below.

SECTION 3. INCORPORATION. The foregoing sections, findings, and staff report statements are found and determined to be true and correct.

SECTION 4. COMPLIANCE. The Development Agreement has been processed, considered, approved, and executed in accordance with Brentwood Municipal Code Chapter 17.810.

SECTION 5. FINDINGS PURSUANT TO B.M.C. §17.810.008. The City Council specifically further finds as follows: 

A. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the City General Plan and any applicable specific plans as it provides for the creation of new jobs in an attempt to attain a 1:5 housing to jobs ratio and much needed medical care facilities and campus. 

B. The development agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole, as it simply carries out the land use and zoning designations approved for the Property.

C. The development agreement will not adversely affect the orderly development of property or the preservation of property values as it is the intention of the development agreement to implement the existing land use and zoning designations for the Property as suggested in the General Plan update process.

D. As there is an applicable specific plan to the subject sites, the finding concerning facilitation of the implementation of a specific plan is applicable in this case as determined by the City Council through its 
rezoning and Specific Plan amendment process.

E. The development agreement is consistent with the provisions of Government Code Section 65864 through 65869.5.

Section 6. The General Plan Land Use Element text and Map, are hereby amended as follows:

A. Special Planning Area Q is hereby created on the subject site, and added to the General Plan Land Use Map, per Exhibit A.

B. Text for Special Planning Area Q is hereby added to the Special Planning Areas section of the General Plan Land Use Element, as follows:

SPECIAL PLANNING AREA “Q” 

Background: This special planning area, approximately 57 gross acres in size (prior to dedications), is bounded by Balfour Road to the north, the Suncal residential development to the west, the Timms, Spies and future park properties to the south, and the proposed State Route 4 Bypass to the east. Concord Avenue bisects the planning area from the north-west to the south-east, creating an east parcel of approximately 32 net acres (the “East Site”) and a western parcel of approximately 17 net acres (the “West Site”). Based on its proximity to State Route 4 and Balfour Road, as well as its relative central location with respect to transportation infrastructure and the in-fill nature of future development there, this planning area is ideal for a mixed-use development, including medical, business and professional office, commercial, and mid- to high- to very high- density residential (including health-care related residential) uses.
Policy Direction: Consistent with “smart growth” planning principles, provide a mixed use development consisting of Office/Professional, Commercial, Medium Density and/or High Density Residential uses. The medical campus and/or office and commercial land uses should take advantage of existing and projected traffic infrastructure, including the State Route 4 and Balfour Road frontages, with the intent of creating an employment center adjacent to a key regional transportation corridor. The higher density residential uses should generally be located proximate to the office and commercial uses, with mid-density residential uses generally located to the south and west of the Special Planning Area. 
The suggested density and intensity of the mixed land uses is as follows:
East Site:
Medical Office -- up to 625,000 square feet of building area, OR
Retail -- not to be developed on more than 12 acres of the East Site, subject to the terms of the Development Agreement executed for the site, and not until after 5 years of the date of this General Plan Designation, and the Development Agreement, dated June 26, 2001.
West Site:
Retail/Office -- up to 260,000 square feet, OR
Medium- to High to Very High-Density Residential -- up to an average of 25 units per acre, OR
a combination of the above two uses
Design Objectives:
· A coordinated circulation system that provides access to the East Site from both Balfour Road and Concord Avenue with no driveway openings directly onto State Route 4.
· The residential land use shall increase in density as it moves away from the planned or existing single-family residential neighborhoods located to the west and towards the planned Medical/Commercial/Office uses within the planning area, and the Highway.
· Design of buildings above two stories shall be designed to minimize obstruction of scenic views of Mt. Diablo and the foothills to the west.
Section 7. The Zoning Ordinance text and Map, are hereby amended as follows:

A. Planned Development Zone (PD) 49 is hereby created on the subject site, and added to the Zoning Map, per Exhibit A.

B. Text for PD 49 is hereby added to the Zoning Ordinance as Chapter 17.504, as follows:

Chapter 17.504

PD-49 (PLANNED DEVELOPMENT FORTYNINE) ZONE – JOHN MUIR/MT. DIABLO MEDICAL CAMPUS/MIXED USE AREA

Sections:
17.504.001 Authority, purpose and intent.
17.504.002 Permitted uses eastern site
17.504.003 Permitted uses western site
17.504.004 Conditionally permitted uses eastern site
17.504.005 Conditionally permitted uses western site
17.504.006 Development standards
17.504.007 Conceptual site plan


17.504.001 Authority, purpose and intent.

The authority, purpose and intent for the adoption of the PD-49 zone are as follows:
A. Authority. The PD-49 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones--General Regulations.
B. Purpose. Consistent with “smart growth” planning principles, the purpose of the PD-49 zone is to permit and regulate mixed use development of approximately 57 gross acres located south of Balfour Road, west of existing Concord Avenue/future Highway 4 Bypass, and to allow for the phased development of a mix of medical campus, office, retail and residential uses, variations in density and building intensities, innovative design characteristics, that would not normally be permitted in a single-use zone, and retention of greater flexibility to adjust square footage allocated to each permitted use. The precise square footage for each use would be determined at the time of approval of the development plans as described below. The land covered by this PD-49 zone is designated by the Brentwood General Plan as a Special Planning Area (SPA) Q, to be developed consistent with this PD-49 zone.
C. Intent. It is intended that, in order to achieve the purpose of the PD-49 zone of implementing a medical campus, mixed-use development in conformance with the Brentwood General Plan, development within the PD-49 zone shall be consistent with the permitted and conditionally permitted uses set forth below. It is further intended that in order to provide for the phased development of the property, development of portions of the property may occur upon the approval of a development plan for each such phase.

17.504.002 Permitted Uses: Eastern Site. 
The following uses are permitted on the eastern site within the PD-49 zone.
A. Medical facilities, hospitals, inpatient and outpatient medical care, birthing facilities, dialysis units, medical and dental laboratory, convalescent hospitals, large residential care facilities, medical schools and teaching facilities, a single emergency helipad.
B. Medical, and medical related professional and business offices.
C. General commercial retail and service businesses which are ancillary to the primary medical uses, limited to 10% of the total building area on any parcel. 

D. Other similar uses as determined by the Community Development Director.

17.504.003 Permitted Uses: Western Site. 
The following uses are permitted on the western site within the PD-49 zone:
A. Professional and business offices.

B. Facilities for the care of the elderly including residential, congregate residential and convalescent care; health club or recreational club; veterinary clinic; public and quasi-public uses such as government office, library, employment office, utility offices, and similar uses, including day care facilities.

C. General retail sales and services. 
D. Medium to high to very high density multi-family residential not exceeding an average density of 25 units per acre.

E. Other similar uses as determined by the Community Development Director.

17.504.004 Conditionally permitted uses eastern site

The following uses are permitted subject to a conditional use permit:

A. Nursery, child care, day care center.

B. Health and recreational clubs.

C. Hotels and motels.

D. Retail exceeding 10% of the building area on any parcel -- not to be developed on more than 12 acres of the East Site, subject to the terms of the Development Agreement executed for the site, and not until after 5 years of the date of this Zoning Designation, and the Development Agreement, dated June 26, 2001.

E. Other similar uses as determined by the Community Development Director.
17.504.005 Conditionally permitted uses western site

The following uses are permitted subject to a conditional use permit:
A. Nursery, child care, day care center.

B. Health and recreational clubs.

C. Hotels and motels.

D. Mixed residential and nonresidential uses.

E. Other similar uses as determined by the Community Development Director.

17.504.006 Development standards
A. Minimum lot area: four acres on East Site; two acres on West Site. Smaller parcel size may be considered if it is part of an overall master plan.

B. Maximum building height: eastern site, 75 feet or 6 stories; western site, 40 feet or 3 stories.

C. Building setbacks: Balfour Road - 50 feet
Concord Avenue – 50 feet
Highway 4 – 50 feet
John Muir Parkway – 50 feet
Eagle Rock – 25 feet
Interior property lines – 10 feet on each property


17.504.007 Conceptual site plan

Development in this Zone shall be subject to being in substantial conformance with the Conceptual Site Plan date stamped April 19, 2001, attached hereto, unless otherwise approved by the Planning Commission.

SECTION 8. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 9. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in Ledger Dispatch, the official newspaper of the City of Brentwood, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

SECTION 10. RECORDATION. Pursuant to Government Code §65868.5, the City Council authorizes the City Clerk to record a fully executed copy of the Development Agreement, attached hereto as Exhibit a, in the Official Records of the County of Contra Costa, within 10 days after City enters into this Development Agreement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 12th day of June 2001 by the following vote:

AYES: 
NOES: 
ABSENT: 
________________________ Michael A. McPoland, Sr.
Mayor
ATTEST:


___________________
Karen Diaz, CMC
City Clerk

State of California )
County of Contra Costa ) ss.
City of Brentwood )

I, Karen Diaz, City Clerk of the City of Brentwood, do hereby certify that the foregoing Ordinance had its first reading on June 12, 2001 and had its second reading on June 26, 2001 and was passed by the following vote:

AYES: 
NOES: 
ABSENT: ________________________ Karen Diaz, CMC
City Clerk

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