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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: July 24, 2001

Subject/Title: Second reading and adoption of Ordinance 678 for an amendment to the PD-35 (Planned Development No. 35) Zone to establish development standards for a proposed gas station and general retail site, located at the southwest corner of Lone Tree Way and Empire Avenue

Submitted by: Community Development Department (Mitch Oshinsky, Community Development Director/Erik Nolthenius, Associate Planner)

Approved by: Jon Elam, City Manager

RECOMMENDATION 
Waive the second reading and adopt Ordinance 678.

PREVIOUS ACTION
At its meeting on July 10, 2001, the City Council waived the first reading and introduced Ordinance 678 which approves an amendment to the PD-35 Zone to establish development standards for a proposed gas station and general retail site, located at the southwest corner of Lone Tree Way and Empire Avenue.

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a proposed gas station and general retail site.

ATTACHMENT
Ordinance No. 678

ORDINANCE NO. 678

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE PLANNED DEVELOPMENT NO. 35 ZONE TO ESTABLISH DEVELOPMENT STANDARDS FOR A PROPOSED GAS STATION AND GENERAL RETAIL SITE, LOCATED AT THE SOUTHWEST CORNER OF LONE TREE WAY AND EMPIRE AVENUE, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT (APN'S 019-040-001 AND 019-040-002).

WHEREAS, ARCO Products Company has requested that the City approve an amendment to PD-35 by adding development standards for the project site located at the southwest corner of Lone Tree Way and Empire Avenue; and

WHEREAS, on June 5, 2001, the Planning Commission conducted a duly noticed public hearing, considered public comments, and adopted Resolution No. 01-38 which recommends the approval of the amendment to PD-35 adding development standards for the project site; and

WHEREAS, specific development plans for a gas station have been concurrently processed and were approved by the Planning Commission on June 5, 2001, with the adoption of Resolution 01-40; and

WHEREAS, an Initial Study and Negative Declaration have been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and are considered a part of this review and approval process; and

WHEREAS, the Negative Declaration identifies potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these project measures are included in the project conditions of approval to reduce the impacts identified to a less than significant level; and

WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on May 17, 2001, and ended on June 5, 2001; and

WHEREAS, the Planning Commission of the City of Brentwood has considered the amendment to PD-35 and the Mitigated Negative Declaration; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on June 29, 2001, and mailed to all property owners of record within 300 feet of the project site in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed amendment on July 10, 2001, 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 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 Planning Commission recommendation, 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 amendment; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.870.008 of the City Zoning Ordinance:

  1. The site is physically suitable for the type and the density of development proposed.
  2. The proposed amendment to PD-35 is consistent with the City's Zoning Ordinance and the City Council's previously expressed intent to stimulate job generating uses within the City.
  3. The proposed amendment to PD-35 is consistent and compatible with other goals, policies, and implementation programs set forth in the General Plan which are intended to create a balance between jobs and housing units approaching 1 to 1 within the City.
  4. The development of the project site, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City, and is consistent with the general intent and spirit of the Zoning Ordinance and with the City's General Plan, including all relevant elements thereof.
  5. The effect of this ordinance on the housing needs of the region surrounding Brentwood has been considered by the City Council, which has balanced those needs against the public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6).
  6. The proposed amendment to PD-35 has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.
  7. Pursuant to Section 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, the City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR and the project specific additional mitigation measures. Therefore, since the mitigation measures are incorporated as conditions of the project approval, the Mitigated Negative Declaration as well as the Program EIR for the 1993 General Plan are adequate for approval of the project.
  8. 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.
  9. 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 judgment and analysis.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:

Section 1.

  1. Approves the Mitigated Negative Declaration prepared for the project.
  2. Directs Staff to file the Notice of Determination with the County Clerk.

Section 2.

Approves the amendment to PD-35 for the area shown on the map attached as Exhibit A and adopts development standards for this area as designated on Exhibit B attached hereto and made a part of this Ordinance.

Section 3.

Chapter 17.485 is hereby added to the Zoning Ordinance for the purpose of regulating certain real property and establishing development standards for the project, as shown on Exhibit B attached hereto and made a part of this Ordinance.

Section 4.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing a summary of the Ordinance prepared by the City Attorney in the Ledger-Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

Section 5.

In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 10th day of July, 2001, and adopted at a regular meeting of the Brentwood City Council on the 24th day of July, 2001, by the following vote:

AYES: 
NOES: 
ABSENT: 
ABSTAIN: 

APPROVED: 



_________________________
Michael A. McPoland, Sr., Mayor


ATTEST:



__________________________
Karen Diaz, City Clerk

Attachments:
Exhibit A - PD-35 Subarea Map
Exhibit B - Chapter 17.485 PD-35 Development Standards

EXHIBIT B

CHAPTER 17.485
PD-35 (PLANNED DEVELOPMENT NO. 35) ZONE
SUBAREA "B"

ARCO PRODUCTS COMPANY

17.485.08 AUTHORITY, PURPOSE, AND INTENT
17.485.09 PERMITTED USES
17.485.10 CONDITIONALLY PERMITTED USES
17.485.11 GENERAL DEVELOPMENT STANDARDS
17.485.12 OTHER REGULATIONS

17.485.008 AUTHORITY, PURPOSE, AND INTENT:

The authority, purpose, and intent for the adoption of the PD-35 (Planned Development No. 35) Subarea "B" Zone, as shown on Attachment "A", are as follows:

A. Authority: The PD-35 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-35 Subarea "B" Zone is to permit and regulate the orderly development of 4.88 acres located at the southwest corner of Lone Tree Way and Empire Avenue with neighborhood commercial uses in accordance with the Brentwood General Plan.

C. Intent: The intent of creating the PD-35 Subarea "B" Zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent residential areas, while providing for the flexibility to maximize the potential for job creation and serve the needs of surrounding residential and commercial neighborhoods.

17.485.009 PERMITTED USES:

The following uses are permitted in the PD-35 Subarea "B" Zone:

A. Convenience retail uses such as bakeries, pastry shops, book stores, candy stores, florists, newsstands, stationery/gift shops, ice-cream parlors, and similar uses;
B. Supermarkets, drug stores, and similar uses;
C. Barber or beauty shops, shoe repair, laundromats, dry cleaners, and similar uses.

17.485.010 CONDITIONALLY PERMITTED USES:

Upon obtaining a Conditional Use Permit pursuant to Chapter 17.830, the following uses are permitted:

A. On-sale or off-sale liquor establishments;
B. Fuel sale facilities, convenience stores, automated car washes, meeting rooms/fraternal halls, and neighborhood community centers;
C. Restaurants and cafes;
D. Nurseries, child care centers, day care centers, and similar uses;
E. 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.

17.485.011 GENERAL DEVELOPMENT STANDARDS:

All permitted and conditionally permitted uses developed within the PD-35 Subarea "B" Zone shall comply with the following regulations:

A. Minimum Lot Area: Twenty-five thousand (25,000) square feet, except that a master planned shopping center may be subdivided into parcels having a minimum lot area of ten thousand (10,000) square feet and a minimum lot width of one hundred (100) feet.

B. Minimum Street Frontage: One hundred and twenty (120) 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: Ten (10) feet which, except for driveway approaches, shall be landscaped pursuant to Section 17.630.

D. Minimum Non-Street Frontage Yards: Ten (10) feet, except that buildings located along the southerly boundary of the subarea shall be setback at least fifty (50) feet from said 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 (2) stories not to exceed thirty (30) feet.

17.485.012 OTHER REGULATIONS:

A. Parking: Off-street parking shall be provided in accordance with Chapter 17.620 of the Brentwood Municipal Code.

B. Development Standards: The uses within the PD-35 Subarea "B" Zone shall comply with Section 17.200.003 of the Brentwood Municipal Code.

C. Performance Standards: The uses within the PD-35 Subarea "B" Zone shall comply with Section 17.200.004 of the Brentwood Municipal Code.

D. Signs: All signage for uses within the PD-35 Subarea "B" Zone shall be in accordance with Section 17.640 of the Brentwood Municipal Code.

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