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 CITY COUNCIL AGENDA ITEM NO. 07



Meeting Date: September 24, 2002

Subject/Title: Second reading and adoption of Ordinance No. 721 amending the Planned Development No. 3 (PD-3) Zone by creating development standards for an approximate 10-acre general commercial site known as Balfour Village Center, located at the southeast corner of Balfour Road and Fairview Avenue (APN 010-030-029)

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

Approved by: John Stevenson, City Manager



RECOMMENDATION 
Waive the second reading and adopt Ordinance No. 721.

PREVIOUS ACTION
At its meeting on September 10, 2002, the City Council waived the first reading and introduced Ordinance No. 721 which approves an amendment to the PD-3 Zone by creating development standards for an approximate 10-acre general commercial site known as Balfour Village Center, located at the southeast corner of Balfour Road and Fairview Avenue (APN 010-030-029). The Council made one change to the standards, making financial institutions a permitted use within the site.

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a neighborhood shopping center. The ordinance has been modified to reflect the Council's action on financial institutions as a permitted use.

EXHIBIT
A. City Council Ordinance No. 721 (for the amendment to PD-3)














EXHIBIT "A"

ORDINANCE NO. 721

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE PLANNED DEVELOPMENT NO. 3 (PD-3) ZONE BY CREATING DEVELOPMENT STANDARDS FOR AN APPROXIMATE 10-ACRE GENERAL COMMERCIAL SITE, LOCATED AT THE SOUTHEAST CORNER OF BALFOUR ROAD AND FAIRVIEW AVENUE (APN 010-030-029).

WHEREAS, McNellis Partners has requested that the City approve an amendment to the PD-3 Zone, located at the southeast corner of Balfour Road and Fairview Avenue; and

WHEREAS, on August 20, 2002, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 02-47 which recommends the approval of the amendment to the PD-3 Zone by creating development standards for the approximate 10-acre project site; and

WHEREAS, specific development plans for the project site were reviewed and approved by the Planning Commission on August 20, 2002, in accordance with Resolution No. 02-49; and

WHEREAS, an Initial Study and Mitigated Negative Declaration were 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 Mitigated 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 and will 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 June 24, 2002, and ended on July 15, 2002, and all comments received during the review period were noted by the Planning Commission; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on June 14, 2002, and again in the Contra Costa Times on August 31, 2002, 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 September 10, 2002, 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, 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; and

2. The proposed amendment to the PD-3 Zone is consistent with the City's Zoning Ordinance and the City Council's previously expressed intent to stimulate job generating uses within the City; and

3. Specific development standards for the uses permitted under the General Plan and the approved Balfour Village Center project have been established; and

4. The development standards will result in development that is consistent and compatible with surrounding uses; and

5. The level of traffic to be generated can be accommodated by the public circulation system, both existing and planned; and

6. The project will serve the housing needs of the City and the region and will not create a detrimental imbalance between the public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6); and

7. The proposed development will clearly result in a more desirable use of land and a better physical environment than would be possible under any single zone or combination of zones; and

8. The Planned Development Zone is on property which has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any traffic generated by the development; and

9. The plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties; and

10. The natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the development plan; and

11. The development of the subject property, 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 will be in keeping with the general intent and spirit of the Zoning Ordinance and with the City's Community Development Plan, including all relevant elements thereof, and with any applicable Specific Plan adopted by the City; and

12. A Mitigated Negative Declaration has been prepared and approved for this project; and

13. The proposed amendment to the PD-3 Zone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).

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

Section 1.

Approves the amendment to the PD-3 Zone for Commercial Subarea "B" as shown on the map attached as Attachment "A" and adopts development standards for this area as designated on Attachment "B" attached hereto and made a part of this Ordinance.

Section 2.

Chapter 17.453 of the Zoning Ordinance is hereby amended for the purpose of regulating certain real property and establishing development standards for the project, as shown on Attachment "B" attached hereto and made a part of this Ordinance.

Section 3.

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 4.

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 September 2002, and adopted at a regular meeting of the Brentwood City Council on the 24th day of September 2002, by the following vote:


Attachments:
Attachment "A" - Subarea Map for PD-3
Attachment "B" - Development Standards for PD-3 Amendment (Chapter 17.453)

ATTACHMENT "A" TO
CITY COUNCIL ORDINANCE NO. 721
SUBAREA MAP FOR PD-3

ATTACHMENT "B" TO
CITY COUNCIL ORDINANCE NO. 721


CHAPTER 17.453
PD-3 (PLANNED DEVELOPMENT NO. 3) ZONE
COMMERCIAL SUBAREA “B”

BALFOUR VILLAGE CENTER

17.453.001 AUTHORITY & PURPOSE
17.453.002 PERMITTED USES
17.453.003 CONDITIONALLY PERMITTED USES
17.453.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS
17.453.005 OTHER REGULATIONS


17.453.001 AUTHORITY & PURPOSE 

The authority & purpose for the adoption of the PD-3 (Planned Development No. 3) Commercial Subarea “B” Zone, as shown on Attachment “A”, are as follows:

A. Authority: The PD-3 Commercial Subarea “B” 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-3 Commercial Subarea “B” Zone is to permit and regulate the orderly development of 10.13 acres located at the southeast corner of Balfour Road and Fairview Avenue with general commercial uses, including a supermarket, in accordance with the Brentwood General Plan.

C. Intent: The intent of creating the PD-3 Commercial 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.

17.453.002 PERMITTED USES:

The following uses are permitted in the PD-3 Commercial Subarea “B” Zone:

A. Convenience retail uses with up to 20 seats such as bakeries, pastry shops, coffee shops, book stores, candy stores, florists, newsstands, stationery/gift shops, ice cream parlors, and similar uses;

B. Supermarkets, drug stores, and similar uses;

C. On-sale or off-sale liquor sales relating to a supermarket, drug store, restaurant or similar use;

D. Service uses such as barber or beauty shops, shoe repair stores, laundromats, dry cleaners, mailing/mailbox centers, and similar uses;

E. Professional office uses such as dentist offices, real estate offices, chiropractic offices, optometrist offices, and veterinary clinics or pet stores (excluding boarding facilities);

F. Restaurants and cafes with up to 20 seats providing take-out service or having quick-serve capability (as determined by the Community Development Director), with no restriction on the number or area of such uses within the center;

G. Restaurants and cafes with sit-down facilities, limited to a total of 11,500 square feet within the entire shopping center;

H. Financial institutions including banks, savings and loans, and similar uses which offer a wide range of services pursuant to the definition set forth in Chapter 17.030.050.H; and

I. Convenience retail, service, and other permitted uses that conform with the City’s Noise Ordinance pursuant to the definition set forth in Chapter 17.200.004 and Chapter 9.32 as amended February 12,2002.

17.453.003 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 not relating to a supermarket, drug store, restaurant or similar use;

B. Convenience stores;

C. Meeting rooms/fraternal halls and neighborhood community centers;

D. Free standing restaurants and cafes, excluding a drive in or drive thru establishment;

E. Open storage or outdoor display of seasonal merchandise;
F. Restaurants and cafes with sit-down facilities, when the total square footage exceeds 11,500 square feet within the entire center;

G. Child care nurseries, child care centers, day care centers, and similar uses; and

H. 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.

17.453.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT, AND RELATED MATTERS:

All permitted and conditionally permitted uses developed within the PD-3 Commercial 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 that, except for driveway approaches, shall be landscaped pursuant to Section 17.630.

D. Minimum Non-Street Frontage Yards: Fifty (50) feet. 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-3 Commercial Subarea "B” Zone shall be one (1) story not to exceed thirty (30) feet except for architectural features (including roof elements) which can extend up to thirty-seven (37) feet.

F. Delivery Hours: Supermarkets shall restrict delivery hours to 7am to 10pm, Monday through Saturday, and 9 am to 10 pm on Sunday.

17.453.005 OTHER REGULATIONS:

A. Parking: Off-street parking shall be provided in accordance with Chapter 17.620 of the Brentwood Municipal Code, except that sit-down restaurants shall provide 1 parking space for each 100 square feet of gross floor area.

B. Development Standards: The uses within the PD-3 Commercial Subarea “B” Zone shall comply with Section 17.200.003 of the Brentwood Municipal Code.

C. Performance Standards: The uses within the PD-3 Commercial Subarea "B” Zone shall comply with Section 17.200.004 of the Brentwood Municipal Code.

D. Signs: All signage for uses within the PD-3 Commercial Subarea “B” Zone shall be in accordance with the Master Sign Program, as approved by the City of Brentwood.

E. Prohibited Uses: Prohibited uses within the PD-3 Commercial Subarea "B" Zone shall include drive-in or drive-thru facilities and gas station facilities.

F. Operating Covenant: No building permits shall be issued for any development unless and until the operating covenant between the City of Brentwood and Safeway Inc. has been entered into and recorded with Contra Costa County.

City Administration
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov