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CITY COUNCIL AGENDA ITEM NO. 20

Meeting Date: May 27, 2003

Subject/Title: Consideration of an Ordinance approving a Rezone (RZ 03-04) from Neighborhood Commercial (C-1) to Planned Development (PD) 41 with the establishment of specific development standards for an approximate 5-acre site known as Tri-City Plaza, located at the southeast corner of Lone Tree Way and the realigned Fairview Avenue

Submitted by: Community Development: M. Oshinsky/E. Nolthenius

Approved by: John Stevenson, City Manager

RECOMMENDATION
That the City Council take the following actions:
1. Approve the Addendum to the Mitigated Negative Declaration for the project; and
2. Introduce and waive the first reading of an Ordinance approving RZ 03-04, rezoning 5 acres from C-1 to PD-41, creating 4 subareas and establishing specific development standards for each of the subareas.

PREVIOUS ACTION
The General Plan land use for the project site was redesignated from Ranchette Estate to General Commercial and rezoned from R-1-E to C-1 as part of the General Plan Update, approved by the City Council on November 27, 2001. The Planning Commission approved parcel map (MS) 360-01 and Conditional Use Permit (CUP) 01-24 on September 3, 2002. The City Council denied an appeal and upheld the Planning Commission's action on October 22, 2002. The City Council denied a request to amend the C-1 Zone on December 10, 2002 (RZ 02-10), that would have made any type of car wash a conditionally permitted use in the C-1 Zone. The Planning Commission recommended approval to Council of this new RZ 03-04 at its regular meeting of May 6, 2003.

BACKGROUND
On September 3, 2002, the Planning Commission approved the Tri-City Plaza project, a multi-tenant commercial development located at the southeast corner of Lone Tree Way and the realigned Fairview Avenue. The project site is zoned C-1 (Neighborhood Commercial). Among other uses, the Tri-City Plaza project includes a full-service car wash and a gas station convenience store with an accessory drive-thru for a deli/café.

At that time, the Commission discussed certain zoning "inconsistencies" relative to the Tri-City Plaza project and determined that the uses could be approved with a conditional use permit, with the stipulation that Staff bring back an ordinance amendment to modify the language in the C-1 Zone, making it consistent with the approval. Two members of the City Council subsequently appealed the Commission's approval of the project, with the appeal considered by the Council on October 22, 2002. The same issue related to zoning was raised at the Council meeting. The Council ultimately denied the appeal on a 3-2 vote, and upheld the Commission approval. Staff took an amendment to the C-1 Zone to the Planning Commission on November 12, 2002, to address the zoning "inconsistencies", and the Commission recommended approval to Council. When the amendment went to Council on December 10, 2002, it was denied.

ANALYSIS
The project developer, Lucia Albers, recently submitted an application to the City requesting that proposed Parcel 'C' of the project be rezoned from C-1 to PD-41 and that development standards be established for that parcel. The primary purpose in requesting the rezone was to clarify the types of uses that are permitted and conditionally permitted, including the approved car wash.

In reviewing the request, however, Staff was of the opinion that rezoning only Parcel 'C' would not be in keeping with good planning practice. Specifically, Tri-City Plaza is a comprehensive, unified project covering 5 acres, and rezoning only one of the four proposed parcels in the project would result in less than a comprehensive approach to previously approved land uses. This type of zoning, where a single small parcel is rezoned, is typically discouraged, as it is not considered good planning. It was Staff's opinion that the entire 5-acre Tri-City Plaza project site should be rezoned from C-1 to PD-41, with each of the four parcels representing a different sub area. This would allow additional uses to be clarified, such as the drive-thru accessory to the convenience store on Parcel 'A' and the future office uses on Parcel 'B'. The Commission agreed with Staff and on May 6, 2003, recommended that Council approve the rezone of the entire site from C-1 to PD-41, with the establishment of development standards for each of the four parcels.

The development standards, as recommended by the Planning Commission and Staff, are attached to the Ordinance approving the Rezone. A lawsuit was filed (Bodine & Miller-Brentwood, LLC v. City of Brentwood), challenging the validity of a mechanical car wash on Parcel 'C', and its related CUP and all subsidiary permits, insofar as they approve or authorize any part to the car wash portion on Parcel 'C' under CUP No. 01-24; and the court ruled in favor of the Petitioner/Complainant. Therefore, if the City Council approves this zone change to PD-41, Albers will then need to submit an application for Planning Commission approval of a new CUP to allow the car wash under the new PD zoning

A Mitigated Negative Declaration (MND) was prepared for the original approval of this project in accordance with the requirements of the California Environmental Quality Act (CEQA). A copy of this document is available for the Council's review in the City Clerk's reading file as well as in the Community Development Department. Several potentially significant impacts were identified; however, mitigation measures were included to reduce those impacts to less than significant levels. An Addendum to the MND has been prepared to address the requested rezone, as there are no substantial changes to the project or circumstances, or new information, and there are only minor technical changes or additions related to the project, per CEQA Sections 15162 and 15164. The Planning Commission and Staff recommend that the Council approve the attached Addendum for compliance with CEQA.

FISCAL IMPACT
Approval of the requested rezone and the establishment of development standards should not result in any significant fiscal impacts, as they simply implement the previously approved Tri-City Plaza project.

EXHIBITS
Ordinance
Addendum to the MND
Resolution

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 03-04) OF 5 ACRES FROM C-1 TO PD-41, CREATING 4 SUBAREAS IN THE NEW PD AND ESTABLISHING SPECIFIC DEVELOPMENT STANDARDS FOR THE 4 SUBAREAS KNOWN AS TRI-CITY PLAZA, LOCATED AT THE SOUTHEAST CORNER OF LONE TREE WAY AND THE REALIGNED FAIRVIEW AVENUE (APN 019-060-053).

WHEREAS, Lucia Albers has requested that the City approve a rezone from C-1 to PD-41 for Parcel 'C', a portion of an approximate 5-acre shopping center site known as Tri-City Plaza, for which a minor subdivision and conditional use permit were approved on appeal by the City Council on October 22, 2002; and

WHEREAS, on May 6, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 03-25, which recommended approval of the rezone and specific development standards; and

WHEREAS, a rezone of only Parcel 'C' would be incremental and would not be considered comprehensive, rational good planning; and

WHEREAS, a rezone of the entire 5-acre shopping center comprising 4 parcels is considered better land use planning as it fosters a more comprehensive planning approach; and

WHEREAS, an Addendum to the Initial Study and Mitigated Negative Declaration for the Tri-City Plaza project has been prepared in accordance with the California Environmental Quality Act (CEQA) and is 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 documents for the minimum 20-day public review and comment period was begun on March 27, 2003, and ended on April 15, 2003, and no comments were received during the review period; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Ledger-Dispatch on April 4, 2003, and again on May 17, 2003, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed rezone and specific development standards on May 27, 2003, for the purpose of reviewing the application, considering the Planning Commission's action and considering all comments made by the public with respect to the requests; and

WHEREAS, the City Council of the City of Brentwood has considered the staff report, Addendum to the Mitigated Negative Declaration, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project and finds that the rezone of the 5-acre site provides a better land use planning approach than that submitted by the applicant and also provides a more comprehensive zoning designation than exists prior to the application, based on 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, in that the General Plan designates the site for General Commercial uses and the project complies with all applicable requirements of the Zoning Ordinance; and

2. The design of the project is not likely to cause serious public health problems, in that the Mitigated Negative Declaration analyzes all potential impacts related to public health and includes mitigation measures to reduce all potentially significant impacts to less than significant levels; and

3. The proposed rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act, in that an Addendum to the approved Mitigated Negative Declaration has been prepared for the project; and

4. The proposed rezone will establish clear development standards for the uses permitted under the General Plan, the Zoning Ordinance, and MS 360-01 and CUP 01-24, as approved by the City Council on October 22, 2002; and

5. The proposed rezone will provide standards resulting in development that is consistent and compatible with surrounding uses, in that the design of the project and the conditions of approval for the project, including all mitigation measures, will reduce impacts on surrounding property owners to less than significant levels; and

6. The proposed rezone will provide for adequate public uses and private open space, in that the project complies with all applicable goals and policies of the General Plan, as well as with all applicable requirements of the Zoning Ordinance; and

7. The project will generate a level of traffic that can be accommodated by the public circulation system, existing or planned, in that the Mitigated Negative Declaration analyzes all potential impacts related to transportation and circulation and includes mitigation measures to reduce all potentially significant impacts to less than significant levels; and

8. The project 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

9. 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 or combination of zones, in that the 5-acre project has been designed as a coordinated development between 4 separate parcels that includes reciprocal parking and access easements; and

10. The proposed rezone is on property that has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any traffic generated by the development, in that Lone Tree Way is a major arterial that bounds the north side of the project, and Fairview Avenue is a minor arterial that bounds the west side of the project, and that the project includes a traffic study that is incorporated into the Mitigated Negative Declaration, which further analyzes all potential impacts related to transportation and circulation and includes mitigation measures to reduce all potentially significant impacts to less than significant levels; and

11. 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 adequate landscaping and/or screening is included if necessary to ensure compatibility, including an 8-foot high masonry wall along the southeast boundary of the project, where the project abuts existing residential uses; and

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

13. 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, adopted by the City, in that the Mitigated Negative Declaration analyzes all potential impacts of the project and includes mitigation measures to reduce all potentially significant impacts to less than significant levels.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds and determines as follows:

1. That the Addendum to the Mitigated Negative Declaration for the project has been prepared in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

2. Pursuant to Sections 15162 and 15168(c) 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 City of Brentwood General Plan. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on this evidence and the Addendum to the Mitigated Negative Declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR. The Mitigated Negative Declaration applies all applicable mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the General Plan is adequate for all approvals relating to the project; and

3. 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 that would necessitate re-circulation of the Mitigated Negative Declaration for public review. The City Council has considered all verbal and written comments relating to the Addendum to the Mitigated Negative Declaration and finds no significant new information has arisen; and

4. Pursuant to Section 15164(b) of the California Environmental Quality Act (CEQA) Guidelines, the City of Brentwood, as lead agency for the project, has determined that an Addendum to the adopted MND be prepared for the rezone request, as only minor technical changes or additions are necessary and none of the conditions described in CEQA Section 15162 calling for the preparation of a subsequent MND have occurred. The rezone will not result in new additional impacts on the environment, in that the proposed PD-41 Zone will simply implement the approved land uses, development standards and design characteristics of the Tri-City Plaza project approved per the prior MND; and

5. Pursuant to CEQA Section 15162(a)(1), there are no substantial changes proposed in the project which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

6. Pursuant to Section 15162(a)(2), there are no substantial changes with respect to the circumstances under which the rezone project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

7. Pursuant to Section 15162(a)(3), no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND was adopted, shows any of the following:

(A) The project will not have one or more significant effects not discussed in the previous MND;
(B) Significant effects previously examined will not be substantially more severe than shown in the previous MND;
(C) There are no mitigation measures previously found not to be feasible which would in fact be feasible and would not substantially reduce one or more significant effects of the project;
(D) There are no mitigation measures which are considerably different from those analyzed in the previous MND that would substantially reduce one or more significant effects of the environment; and

8. Pursuant to Section 15162(b), since there are no significant changes to the project or its circumstances, and no new information has become available after adoption of the MND, the City, as lead agency, has determined to prepare an Addendum to the MND; and

9. Pursuant to Section 15164(c), the Addendum is hereby attached to the adopted MND; and

10. Pursuant to Section 15164(d), the City Council has considered this Addendum with the adopted MND prior to making a decision on the rezone project; and

11. Accordingly, the Addendum has been prepared pursuant to Sections 15162 and 15164 of the CEQA Guidelines, in that an Addendum to the previously adopted MND will adequately satisfy the requirements of CEQA; and

12. In making the determination to prepare an Addendum, the City has also determined that none of the conditions specified in Section 15162 of the CEQA Guidelines, which call for the preparation of a subsequent environmental document, are present with respect to the current project. Additionally, it is further determined that the original environmental analysis, mitigation measures and findings adopted in the prior MND are still applicable.

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

Section 1.

The Addendum to the Mitigated Negative Declaration prepared for this project and the recitals noted above are true and correct and incorporated herein as findings and the Addendum is hereby approved, and directs Staff to file the Notice of Determination with the County Clerk.

Section 2.

The approximate 5-acre site, as shown on Attachment "B", is hereby rezoned from C-1 to PD-41 for mixed-use commercial development, and specific development standards are hereby adopted for the Tri-City Plaza project (MS 360-01 and CUP 01-24) as reflected in Attachment "A".

Section 3.

City Staff is hereby directed to make the necessary change to the City Zoning Map and Municipal Code.

Section 4.

Chapter 17.492 is hereby added to the City of Brentwood Municipal Code for the purpose of regulating certain real property and establishing development standards for the Tri-City Plaza project, as shown on Attachment "B" to this Ordinance.
Section 5.

Chapter 17.492 is hereby known as the Planned Development No. 41 Zone.

Section 6.

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 7.

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 27th day of May 2003, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 10th day of June 2003, by the following vote:

Attachments:
Attachment "A" - Development standards for Tri-City Plaza
Attachment "B" - Map of Tri-City Plaza

ATTACHMENT "A" TO
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT STANDARDS FOR
TRI-CITY PLAZA

CHAPTER 17.492
PD-41 (PLANNED DEVELOPMENT NO. 41) ZONE

TRI-CITY PLAZA

17.492.001 AUTHORITY, PURPOSE AND INTENT
17.492.002 PERMITTED USES
17.492.003 CONDITIONALLY PERMITTED USES
17.492.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS
17.492.005 OTHER REGULATIONS

17.492.001 AUTHORITY, PURPOSE AND INTENT

The authority, purpose and intent for the adoption of the PD-41 (Planned Development No. 41) Zone are as follows:

A. Authority: The PD-41 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-41 Zone is to permit and regulate the orderly development of 5.09 acres located at the southeast corner of Lone Tree Way and the realigned Fairview Avenue with those general commercial uses typically permitted in the C-1 Zone, and those other uses found to be appropriate for this site pursuant to the approval of Conditional Use Permit No. 01-24, including a gas station and car wash, in accordance with the Brentwood General Plan.

C. Intent: It is intended that in order to achieve the purpose of the PD-41 Zone of implementing a cohesive, mixed-use development in conformance with the Brentwood General Plan, said zone shall be divided into four (4) subareas as geographically designated on Attachment "A" to this chapter, herein incorporated by reference, and as further described below. It is further intended that the creation of the PD-41 Zone will 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.

1. Subarea A consists of approximately 1.14 acres intended for the development of a gas station and convenience store, including a limited seating restaurant and an accessory drive-thru.

2. Subarea B consists of approximately 1.75 acres intended for the development of retail, restaurant, and office uses.

3. Subarea C consists of approximately 1.13 acres intended for the development of a full-service mechanical car wash and detail shop.

4. Subarea D consists of approximately 1.08 acres intended for the development of retail and restaurant uses.

17.492.002 PERMITTED USES:

A. Subarea A: The following uses shall be permitted within this subarea:

1. Those uses permitted in the C-1 Zone.

2. Convenience retail uses such as bakeries, pastry shops, bookstores, candy stores, florists, newsstands, stationary/gift shops, ice cream parlors, mini-marts, supermarkets, drug stores, and similar uses.

3. Service uses such as laundromats, dry cleaners, shoe repair, beauty shops, barbershops, and similar uses.

4. Financial institutions.

5. Similar uses subject to the approval of the Community Development Director.

B. Subarea B: The following uses shall be permitted within this subarea:

1. Those uses permitted in the C-1 Zone.

2. Convenience retail uses such as bakeries, pastry shops, bookstores, candy stores, florists, newsstands, stationary/gift shops, ice cream parlors, supermarkets, drug stores, and similar uses.

3. Services such as laundromats, dry cleaners, shoe repair, beauty shops, barbershops, and similar uses.

4. Financial institutions.

5. Offices.

6. Similar uses subject to the approval of the Community Development Director.

C. Subarea C: The following uses shall be permitted within this subarea:

1. Those uses permitted in the C-1 Zone.

2. Convenience retail uses such as bakeries, pastry shops, bookstores, candy stores, florists, newsstands, stationary/gift shops, ice cream parlors, supermarkets, drug stores, and similar uses.

3. Services such as laundromats, dry cleaners, shoe repair, beauty shops, barbershops, and similar uses.

4. Financial institutions.

5. Similar uses subject to the approval of the Community Development Director.

D. Subarea D: The following uses shall be permitted within this subarea:

1. Those uses permitted in the C-1 Zone.

2. Convenience retail uses such as bakeries, pastry shops, bookstores, candy stores, florists, newsstands, stationary/gift shops, ice cream parlors, supermarkets, drug stores, and similar uses.

3. Services such as laundromats, dry cleaners, shoe repair, beauty shops, barbershops, and similar uses.

4. Financial institutions.

5. Similar uses subject to the approval of the Community Development Director.

17.492.003 CONDITIONALLY PERMITTED USES:

A. Subarea A: The following uses shall be conditionally permitted within this subarea:

1. Those uses conditionally permitted in the C-1 Zone and by CUP 01-24 (approved by the City Council on October 22, 2002).

2. Auto service stations or gas stations.

3. Off-sale liquor establishments.

4. Restaurants, limited to a maximum of 20 seats, with or without drive-thru facilities.

5. Nurseries, childcare centers, or day care centers.

6. Meeting halls, fraternal halls, or community centers.

7. Similar uses subject to the approval of the Planning Commission.

B. Subarea B: The following uses shall be conditionally permitted within this subarea:

1. Those uses conditionally permitted in the C-1 Zone and by CUP 01-24 (approved by the City Council on October 22, 2002).

2. Nurseries, childcare centers, or day care centers.

3. Meeting halls, fraternal halls, or community centers.

4. Restaurants, limited to no more than 7,500 square feet when combined with those in Subareas C and D.

5. On or off-sale liquor establishments.

6. Similar uses subject to the approval of the Planning Commission.

C. Subarea C: The following uses shall be conditionally permitted within this subarea:

1. Those uses conditionally permitted in the C-1 Zone and by CUP 01-24 (approved by the City Council on October 22, 2002), except that car washes are permitted by right per Section 17.492.002.C.4

2. Restaurants, limited to no more than 7,500 square feet when combined with those in Subareas B and D.

3. Car washes.

4. Nurseries, childcare centers, or day care centers.

5. Meeting halls, fraternal halls, or community centers.

6. On or off-sale liquor establishments.

7. Similar uses subject to the approval of the Planning Commission.

D. Subarea D: The following uses shall be conditionally permitted within this subarea:

1. Those uses conditionally permitted in the C-1 Zone and by CUP 01-24 (approved by the City Council on October 22, 2002).

2. Nurseries, childcare centers, or day care centers.

3. Meeting halls, fraternal halls, or community centers.

4. Restaurants, limited to no more than 7,500 square feet when combined with those in Subareas B and C.

5. On or off-sale liquor establishments.

6. Similar uses subject to the approval of the Planning Commission.

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

All permitted and conditionally permitted uses developed within the PD-41 Zone shall comply with the following regulations:

A. Minimum Lot Area: Five (5) acres, 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 fifty (150) feet.

B. Minimum Street Frontage: Three hundred (300) feet, except in the event of 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: 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-41 Zone shall be two (2) stories not to exceed thirty (30) feet.

17.492.005 OTHER REGULATIONS:

A. Parking: Off-street parking shall be provided in accordance with Chapter 17.620 of the Brentwood Municipal Code, except that the number of spaces (229) to be provided for the entire PD site shall be consistent with the site plan approved by the City Council on October 22, 2002, in accordance with Conditional Use Permit No. 01-24.

B. Development Standards: The uses within the PD-41 Zone shall comply with Section 17.200.003 of the Brentwood Municipal Code.

C. Performance Standards: The uses within the PD-41 Zone shall comply with Section 17.200.004 of the Brentwood Municipal Code.

D. Signs: All signage for uses within the PD-41 Zone shall be in accordance with the Master Sign Program, as approved by the City of Brentwood Planning Commission and/or City Council.

E. Prior Approvals: All conditional use permits including design reviews previously approved by the City Council for the subject site shall run with the land, and those permits shall continue to be valid subsequent to City Council adoption of this PD-41 Zone.

ATTACHMENT "B" TO
CITY COUNCIL ORDINANCE NO.
MAP OF TRI-CITY PLAZA

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE SITE PLAN AND DESIGN REVIEW FOR THE TRI-CITY PLAZA PROJECT (MS 360-01), AN APPROXIMATE 5-ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF LONE TREE WAY AND THE REALIGNED FAIRVIEW AVENUE (APN 019-060-053).

WHEREAS, Lucia Albers has received City review and approval of a tentative parcel map (MS 360-01) to create four parcels and a conditional use permit for a gas station, a full-service car wash, and future restaurant and café uses for a master planned shopping center to be built at the southeast corner of Lone Tree Way and the realigned Fairview Avenue; and

WHEREAS, the environmental effects of this proposed action have been addressed in a Mitigated Negative Declaration; and

WHEREAS, the Mitigated Negative Declaration considered a full range of potentially significant impacts and, with the inclusion of mitigation measures identified in the Initial Study, all impacts will be reduced to a level of less than significant; and

WHEREAS, a duly noticed public hearing was advertised in the Ledger-Dispatch and mailed to property owners within 300 feet of the exterior boundaries of the site as required by City ordinance and Government Code Section 65090; and

WHEREAS, the Planning Commission held a public hearing on the proposed tentative parcel map and conditional use permit on September 3, 2002, for the purpose of reviewing said requests and considering all comments made by the public with respect to this development, and approved the project subject to Resolution No. 02-58; and

WHEREAS, the City Council of the City of Brentwood upheld the Planning Commission's approval of Minor Subdivision No. 360-01 and Conditional Use Permit No. 01-24 in accordance with Planning Commission Resolution No. 02-58, by making the following findings and denying an appeal on October 22, 2002, in accordance with City Council Resolution No. 2724, which states as follows:

1. The proposed project, as conditioned, is consistent with the City General Plan and City Zoning Ordinance in that the site was examined for commercial use in the 2001 General Plan Update; and

2. The location, size, design, and operating characteristics of the proposed use, as conditioned, will be compatible with and will not adversely affect abutting properties and the surrounding neighborhoods in that there will be a masonry wall, landscaping, and setbacks adjacent to abutting homes and the noise study concluded there would be no significant adverse noise impacts generated by the project; and

3. The architectural design, colors, building materials, screening, landscaping, and related improvements, as approved through Planning Commission Resolution No. 02-58 and City Council Resolution No. 2724, are compatible with the surrounding neighborhood; and
4. The project site, as conditioned, will have adequate public facilities and utilities and pedestrian, bicycle, and vehicular circulation and parking when the project is completed and will not have adverse environmental effects on adjacent developments in that parking has been thoroughly analyzed, and adequate parking will be available; and

5. The siting and internal arrangement of all structures and other facilities on the site, including the uses, internal circulation, off-street parking, lighting, and access to and from public rights-of-way, as approved through Planning Commission Resolution No. 02-58 and City Council Resolution No. 2724, will be conducive to an orderly, attractive, efficient, and harmonious development as described in findings 2, 3, and 4 above; and

6. The proposed project, as conditioned, will not create substantial noise impacts on surrounding properties as described in finding 2 above; and

7. The project will not result in violation of existing wastewater requirements prescribed by the California Regional Water Quality Control Board; and

8. The project requires certain street improvements that are necessary for the protection of the public health and safety and are a necessary prerequisite to the orderly development of the surrounding area, in accordance with Section 66411.1(b) of the State Subdivision Map Act; and

9. The mix of land uses within the shopping center and their projected parking demand warrant a reduction of required parking spaces related to eating and drinking places; and

10. The hours of operation of the various land uses and the floor area of the shopping center warrant a reduction of required parking spaces related to eating and drinking places; and

11. The Initial Study and Mitigated Negative Declaration for the Project has been prepared in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

12. Pursuant to Sections 15162 and 15168 (c) 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 City of Brentwood General Plan. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on this evidence and the Mitigated Negative Declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR. The Mitigated Negative Declaration applies all applicable mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the General Plan are adequate for all approvals relating to the project; and

13. 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 that would necessitate re-circulation of the Mitigated Negative Declaration for public review. The City Council has considered all verbal and written comments relating to the Mitigated Negative Declaration and finds no significant new information has arisen; and

WHEREAS, a lawsuit was filed, Bodine & Miller-Brentwood, LLC v. City of Brentwood, Contra Costa County Superior Court Action No. 03-0129, challenging the validity of a mechanical car wash on Parcel 'C' of Minor Subdivision No. 360-01, and its related Conditional Use Permit No. 01-24 and all subsidiary permits, insofar as they approve or authorize any part to the car wash portion on Parcel 'C' under Conditional Use Permit No. 01-24 and the court ruled in favor of the Petitioner/Complainant; and

WHEREAS, the City Council now seeks to approve car washes, as a permitted use on Parcel 'C', pursuant to Ordinance No. ___, and to approve a site plan and design review for the entire Tri-City Plaza property based upon the plan's compliance with the conditions as stated in Conditional Use Permit No. 01-24 without adopting Conditional Use Permit No. 01-24, as this is a new site plan and design review approval and a rezoning of the subject property; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby take the following actions:

1. Approves the Mitigated Negative Declaration for the project and finds the recitals stated above to be true and correct.

2. The City Council finds that the City's approval of the site plan and design review of the Tri-City Plaza project is subject to the adherence to all of the conditions listed in Planning Commission Resolution No. 02-58, as amended by City Council Resolution No. 2724, and City Council Ordinance No. ___.

3. Approves the site plan and design review for Minor Subdivision No. 360-01 based on the adherence to the conditions listed in Planning Commission Resolution No. 02-58, as amended by City Council Resolution No. 2724, and compliance with City Council Ordinance No. ___, and all City standards applicable to the project.

PASSED by the City Council of the City of Brentwood at its regular meting on the 27th day of May 2003, by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:

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