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CITY COUNCIL AGENDA ITEM NO. 25

Meeting Date: August 26, 2003

Subject/Title: Public Hearing to amend Planned Development Zone (PD) 42 to add development standards for Subarea F. This property is generally located west of Brentwood Boulevard and south of Sand Creek Road

Submitted by: Community Development (Oshinsky/Hill)

Approved by: John Stevenson, City Manager

RECOMMENDATION
The Planning Commission recommends that the City Council introduce and waive the first reading of an ordinance approving a zoning amendment for a 7.63± acre site and adopting development standards for Subarea F of PD-42.

PREVIOUS ACTION
Planned Development 42 was approved by the City Council on October 12, 1999. With the Central Annexation this PD was subsequently amended adding additional acreage. Additional amendments were approved by the City Council on July 10, 2001, October 23, 2001, and September 10, 2002, adding development standards for other subareas within this zoning area.

BACKGROUND
The project area is designated in the City of Brentwood General Plan as Special Planning Area "B". This special planning area divides this acreage into approximately 55% commercial, 14% industrial and 31% medium density residential uses as a result of the 1998 Housing Element update. The proposed development standards for Subarea F are attached as Exhibit B to the ordinance. These standards are in conformance with the City of Brentwood General Plan which identifies this area for a mix of commercial, business park and medium density residential uses.

The applicant, CP Management, LLC, would like to receive approval for the creation of specific development standards in order to move forward with commercial development plans for the area identified as Subarea F of PD-42 (shown on the map attached to the Ordinance). The intent is to develop a business park/flex tech area. A tentative subdivision map dividing this acreage into 13 individual lots was conditionally approved by the Planning Commission on August 5th, provided this zoning amendment is approved by City Council.

FISCAL IMPACT
None. The adoption of development standards in itself will not create a fiscal impact.

Attachment:
Ordinance

ATTACHMENT

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING AMENDMENT TO PLANNED DEVELOPMENT 42 (PD-42) AMENDING CHAPTER 17.518 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SUBAREA F OF PD-42 GENERALLY LOCATED SOUTH OF SAND CREEK ROAD AND WEST OF BRENTWOOD BOULEVARD.

WHEREAS, the applicant, CP Management, LLC, has submitted an application for a zoning amendment to Planned Development Zone 42 to establish development standards for Subarea F for this property in order to accommodate future business park development; and

WHEREAS, the applicant has concurrently filed a Tentative Subdivision Map (TSM 8671) to subdivide the property into 13 lots; and

WHEREAS, on August 5, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 03-56 which recommended the approval of the amendment to Planned Development No. 42 adding development standards for Subarea F of this planned development; and

WHEREAS, an Initial Study and Negative Declaration were prepared for this project in accordance with the California Environmental Quality Act and were considered as a part of the review and approval process; and

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

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on August 15, 2003, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; and

WHEREAS, the City Council held a public hearing on the proposed zoning amendment on August 26, 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 this proposed zoning 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 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 zoning 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 and State CEQA Guidelines:

1. The proposed rezoning is consistent with the City's Zoning Ordinance and the City Council's previously expressed intent to stimulate job generating uses within the City.

2. The proposed rezoning 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.

3. The zoning amendment will provide standards resulting in development that is consistent and compatible with surrounding uses.

4. That 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 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 proposed zoning amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

6. 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 and updated with the 2001 General Plan Update. The environmental effects of this proposed action have also been addressed in the Mitigated Negative Declaration prepared for this project, and all potentially adverse impacts will be conditioned to render the impact to a level of less than significant.

7. The City Council further finds that no significant new information within the meaning of the 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.

8. 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.

A. Approves the mitigated Negative Declaration prepared for the proposed project.

B. Directs staff to file the Notice of Determination with the County Clerk

Section 2.

Approves the zoning amendment for the area known as Planned Development 42 shown on the map attached as Exhibit A and adopts development standards for Subarea F of this area as designated on Exhibit B attached hereto and made a part of this ordinance.

Section 3.

Chapter 17.493 of the Zoning Ordinance known as Planned Development 42 is hereby amended for the purpose of regulating certain real property and establishing development standards for the project as shown on Exhibit B attached 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 26th day of August, 2003, and adopted at a regular meeting of the Brentwood City Council on the ____ day of ___________, 2003, by the following vote:

Attachments:
Exhibit A -- PD-42 Subarea Map
Exhibit B -- Chapter 17.493 PD-42 Development Standards

EXHIBIT B
ZONING ORDINANCE AMENDMENT
ORDINANCE NO.

17.493.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED
MATTERS:

A. The following regulations shall apply to Subarea A of the PD-42 zone:

Minimum Lot Area - 2 acres
Minimum Lot Width - 100 feet
Minimum Street Frontage Setback - 18 feet
Minimum Non Street Frontage Setback - 0 feet
Maximum Building Height - 2 Stories and/or 30 feet

B. The following regulations shall apply to Subarea C of the PD-42 zone:

Minimum Lot Area - 0.75 acres
Minimum Lot Width - 89 feet
Minimum Street Frontage Setback - 10 feet minimum, with an average setback of 20 feet along Brentwood Boulevard, 20 feet minimum on all other street frontages
Minimum Non Street Frontage Setback - 0 feet
Maximum Building Height - 3 Stories and/or 45 feet

C. The following regulations shall apply to Subarea D of the PD-42 zone:

Minimum Lot Area - 1,500 square feet
Minimum Lot Width - 24 feet
Minimum Lot Depth - 60 feet
Minimum Lot Frontage - 24 feet
Minimum Front Yard - 6 feet; exceptions granted for lots with radius curves
Minimum Side Yard - 0 feet on interior units, and 5 feet on end units
Minimum Rear Yard - 10 feet
Maximum Lot Coverage - 66 percent

D. The following regulations shall apply to Subarea F of the PD-42 zone:

Minimum Lot Area – 17,500 square feet
Minimum Lot Width – 100 feet
Minimum Lot Depth – 120 feet
Minimum Lot Frontage – 50 feet
Minimum Street Frontage Yard – 15 feet
Minimum Non Street Frontage Yard – 0 feet
Maximum Building Height – 3 stories and/or 40 feet. Structures greater than 40 feet may be permitted subject to conditional use permit approval.

E. Regulations for lot area, yards, height, and related matters for Subareas B, E, G, H and I shall be determined by amendment to these planned development guidelines prior to and/or in conjunction with submittal of a development plan.

F. Other Regulations:

1. Advertising Signs. All signs shall be subject to Chapter 17.640 of the Brentwood Municipal Code.

2. Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 of the Brentwood Municipal Code.

3. Accessory structures shall be permitted pursuant to the provisions of Chapter 17.660.

4. Security Measures. All facilities shall provide security measures in accordance with City standards and are subject to design review approval.

5. Energy Conservation. All facilities shall, to the greatest extent possible, incorporate energy conservation measures in conformance with City standards and are subject to design review approval.

6. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure.

7. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures with exterior surfaces that are compatible with adjacent buildings and that adhere to City standards and specifications.

8. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of the Brentwood Municipal Code.

9. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.

 

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