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CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: September 23, 2003

Subject/Title: Public Hearing—A General Plan Amendment (GPA 03-01), a Rezoning (RZ 03-07), including the adoption of development standards, and a Development Agreement Amendment (DA 01-02A) for approximately seven acres located along the south side of Balfour Road on both sides of John Muir Parkway.

Submitted by: Community Development (M. Oshinsky/M. Leana)

Approved by: John Stevenson, City Manager

RECOMMENDATION:
The Planning Commission recommends the following actions:

Pass a resolution approving a general plan amendment which changes the land use on approximately seven acres from a mix of low density residential (L) and general commercial (GC) to Special Planning Area ‘Q’ (SPA ‘Q’), and

Introduce and Waive the first reading of an Ordinance rezoning the approximate seven acres from PD-20 to PD-49 and establish development standards to accommodate the future development of this acreage, and

Introduce and Waive the first reading of an Ordinance for the First Amendment to a Development Agreement with John Muir/Mt. Diablo Health Systems.

PREVIOUS ACTION
In 2001, the City Council created SPA ‘Q’ and PD-49 to accommodate the desire of John Muir/Mt. Diablo Health Systems (JMMD) to build a medical campus on 57+/- acres located at the southwest corner of Balfour Road and Concord Avenue. The first phase of this campus has been approved with a ground breaking ceremony held in June, 2003.

On an adjacent eight acres, located immediately to the west of the campus site, the city approved an Arco gas station in 2001 with the surrounding acreage anticipated to be developed for various retail uses. While the gas station has been built the surrounding acreage has no entitlements at this time.

BACKGROUND
JMMD is in the process of purchasing the seven acres of undeveloped land surrounding the Arco gas station site. Once purchased their desire is to combine it with their present 57+/- acre campus and eventually develop the property in a manner complementary to their campus site. To insure consistency and to place all of its property under one “umbrella” designation JMMD requested the same land use and zoning designations for this additional acreage. This necessitated the general plan amendment, rezoning with development standards, and development agreement amendment actions.

Since JMMD has particular uses in mind for the various portions of its property, and to be consistent with the city’s other planned development zoning districts, staff created four subareas to define the enlarged PD-49. Subareas ‘A’ and ‘B’ reflect JMMD’s existing property (currently referred to as the “east” and “west” areas.) The area to be added to PD-49 is reflected as Subareas ‘C’ and ‘D’. Staff formulated the development standards for subareas ‘C and D’ and made minor adjustments to the existing standards for ‘A and B’ in conjunction with JMMD’s representatives. The new development standards should insure a coordinated and harmonious development of this enlarged planned development zone of 63 acres, all under one ownership.

At its meeting on August 19, 2003, the Planning Commission in a unanimous vote recommended approval of this General Plan Amendment, Rezoning with development standards, and Development Agreement amendment, with minor adjustments to the development standards. These adjustments have been included in the rezoning ordinance before the Council tonight.

FISCAL IMPACT
These actions by themselves will have no fiscal impact on the city.

Attachments
Resolution approving GPA 03-01 adding the area to SPA ‘Q’
Ordinance approving RZ 03-07 rezoning the area from PD-20 to PD-49 with the new and amended development standards.
Ordinance approving the First Amendment to Development Agreement 01-02
Exhibit Maps of the area.
Addendum to the Mitigated Negative Declaration. The previously adopted Mitigated Negative Declaration is available for review at the Community Development Office.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDED MITIGATED NEGATIVE DECLARATION AND A GENERAL PLAN LAND USE AMENDMENT (GPA 03-01) ON 7 ± ACRES CHANGING THE LAND USE FROM A MIX OF LOW DENSITY RESIDENTIAL (L) AND GENERAL COMMERCIAL (GC) TO SPECIAL PLANNING AREA (SPA) ‘Q’ FOR PROPERTY GENERALLY LOCATED ALONG THE SOUTH SIDE OF BALFOUR ROAD ON BOTH SIDES OF JOHN MUIR PARKWAY, FILED BY JOHN MUIR/MT. DIABLO HEALTH SYSTEMS (THE MAJOR PORTION OF APN 010-010-025).

WHEREAS, the applicant has requested that the City amend the City General Plan to change the Land Use mix on this property generally located along the south side of Balfour Road on both sides of John Muir Parkway as shown on Exhibit A, attached to and hereby made a part of this resolution; and

WHEREAS, the applicants have also requested the City’s review and approval of a rezoning to accommodate future uses that are complementary to a medical campus; and

WHEREAS, the environmental effects of this proposed action have been addressed in an amended Mitigated Negative Declaration, and all potentially adverse impacts will be mitigated to render the impacts to a level of less than significant; and

WHEREAS, the Planning Commission of the City of Brentwood has by passage of Resolution 03-64 recommended that the City Council of the City of Brentwood approve said General Plan Amendment; and

WHEREAS, a duly noticed public hearing was advertised in the Brentwood News on September 12, 2003, and mailed to property owners within 300 feet of the exterior boundaries of the site as required by City Ordinance and Government Code Sec. 65090; and

WHEREAS, the City Council held a public hearing on the proposed General Plan Amendment on September 23, 2003, for the purpose of reviewing said amendment, the Planning Commission’s recommendation and considered all comments made by public testimony with respect to this proposed General Plan 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, the General Plan, and the Planning Commission‘s recommendation and all other pertinent goals, policies, regulations and documents regarding the proposed amendment; and

WHEREAS, the City Council of the City of Brentwood makes the following supporting findings for this application as required by the City’s General Plan:

1. The proposed amendment is deemed to be in the public interest because the developer intends to provide a range of services that are complementary to a medical campus.
2. The Addendum to the Mitigated Negative Declaration (MND) 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. Pursuant to Sections 15162, 15164 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 2001 City of Brentwood General Plan. The Initial Study has further evaluated potential project specific impacts to the environment. Based upon this evidence and the Addendum to 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.
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 and 15164 has been presented to the City which would necessitate recirculation of the addendum and Mitigated Negative Declaration for further public review.
4. 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 Addendum to the Mitigated Negative Declaration reflects the City Council’s independent judgment and analysis.
5. The General Plan Land Use Element Text and Map Amendment shown below is consistent with and implements the General Plan.
6. This General Plan Amendment is internally consistent with the General Plan.

NOW THEREFORE, the City Council of the City of Brentwood acts as follows:

A. Approves the Addendum to the Mitigated Negative Declaration and authorizes the filing of a Notice of Determination for the project.
B. Approves the amendment to the General Plan Land Use Element text and Map on the subject property as described below:
1. The subject property is hereby changed from low density residential and general commercial to SPA ‘Q’ and added to the General Plan Land Use Map as reflected in Exhibit A.
2. Text for Special Planning Area Q is hereby amended as follows with deletions identified by strike-out and additions identified by highlighting:

SPECIAL PLANNING AREA “Q”

Background: This special planning area, approximately 57 64 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 John Muir Parkway will ultimately bisect the planning area from the northwest to the southeast, creating an east parcel of approximately 32 39 net acres (the “East Site”) Subareas ‘A’ and ‘C’ and a west parcel of approximately 17 19 net acres (the “West Site”) Subareas ‘B’ and ‘D’. 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 Subareas ‘A’ and ‘C’:
Medical Office – Up to 625,000 square feet of building area, or
Retail Commercial/Office – up to 75,000 square feet of building area.

West Site Subarea ‘B’:
Commercial/Retail/Office -- up to 260,000 285,000 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 uses.

Subarea ‘D’:
Office, day care, and elderly congregate or convalescent care residential uses.

Design Objectives:

 A coordinated circulation system that provides access to the East Site Subareas ‘A’ and ‘C’ from both Balfour Road and Concord Avenue John Muir Parkway 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.

PASSED, APPROVED AND ADOPTED this 23rd day of September, 2003 by the following vote:

Attachment:
Exhibit A – General Plan Land Use Map
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING: AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION AND A REZONE (RZ 03-07) INCLUDING THE ADDITION OF DEVELOPMENT STANDARDS, FOR PROPERTY LOCATED SOUTH OF BALFOUR ROAD ON BOTH SIDES OF JOHN MUIR PARKWAY (A MAJOR PORTION OF APN 010-010-025).

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 7 acres adjacent to property they already own at the intersection of Balfour Road and Concord Avenue ("Property") and;

B. JMMD intends to combine this property with the 57 acres they already own and construct various medical support facilities which may include medical offices, as well as retail commercial, professional office, day care, medium and high density residential and various other medical related uses on the Property; and

C. JMMD has applied for: a General Plan Amendment to change the land use from the existing combination of general commercial and low density residential uses, to Special Planning Area (SPA) Q, to support the medical campus, commercial/office and high density residential uses already envisioned for SPA ‘Q’; a Rezone from Planned Development (PD) 20 to Planned Development (PD) 49 specifically tailored for the Muir sites, and intended to implement the SPA ‘Q’ General Plan designation; and an Amended Development Agreement to include the additional seven acre subject site; and

D. The Planning Commission has approved a recommendation to the City Council to enter into the Amended Development Agreement based upon the findings outlined in its August 19, 2003, Resolution No. 03-64 and the Planning Commission's determination the proposed Amended 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 Standards, and Development Agreement as outlined in the First Amendment to the Development Agreement. 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, and the Addendum to the Mitigated Negative Declaration; and

E. A Notice of an Addendum to the 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 advertised in the Brentwood News on September 12, 2003, and mailed to all property owners of record within 300 feet of the project and published in the Brentwood News; and

G. On September 23, 2003, the City Council conducted a duly noticed public hearing, for the above listed items; 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 recommendation of the Planning Commission, the presentation by City staff, the staff report, and all other pertinent documents and associated actions regarding the proposals; and

I. The Addendum to the Mitigated Negative Declaration (MND) for the Project has been prepared 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 2001 City of Brentwood General Plan. The Initial Study has further evaluated potential project specific impacts to the environment. Based upon this evidence and the Addendum to 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 15164 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 Addendum to the Mitigated Negative Declaration reflects the City Council’s independent judgment and analysis; and

L. The Rezoning and its accompanying development standards are consistent with the General Plan as amended 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

M. Both parties acknowledge that the JMMD's Property addition will provide a more cohesive development with its existing plans than if left to be developed by a third party; and

N. Both parties acknowledge that JMMD intends to develop the added area for employment generating mixed-use campus uses consisting of possible medium to very high-density residential units, retail, medical, and professional office uses, and other uses complementary to a medical campus; and

O. 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 flexibility for its future development options on the added Property; and

P. Both parties agree that medical uses are intended to be constructed on the 37± acre portion of the Property (Subarea ‘A’) as set forth in the Development Agreement; and

Q. The remainder of the Property, consisting of approximately 27± acres (Subareas ‘B’, ‘C’, and ‘D’) is planned for possible commercial, office uses, or medium to very high density residential uses; and

R. 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 amend the existing Development Agreement as provided by Brentwood Municipal Code Chapter 17.810.; and

S. The City desires to promote the orderly development of the subject real property described in the Amended 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 Addendum to the Mitigated Negative Declaration and authorizes the filing of a Notice of Determination for the project.

B. Approves the amendment to the Zoning text (Development Standards) and Map as reflected on Exhibit A and as described below, and directs staff to make the necessary changes to said zoning text and map.

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

SECTION 4. The Zoning Ordinance text and Map, are hereby amended as follows:

A. Planned Development Zone (PD) 49 is hereby amended by adding an additional 7 acres as reflected on the Zoning Map, per Exhibit A.

B. Text for PD 49 (Chapter 17.504) is hereby amended as follows with added text shown in highlights and deleted text shown as strikeouts

Chapter 17.504

PD-49 (PLANNED DEVELOPMENT FORTY NINE) 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 and conditionally permitted uses in Subarea A
17.504.003 Permitted uses western site and conditionally permitted uses in Subarea B
17.504.004 Permitted and conditionally permitted uses eastern site in Subarea C
17.504.005 Permitted and conditionally permitted uses western site in Subarea D
17.504.006 Development standards for Subareas A, B, C, and D
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 64 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, public and quasi public 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 sqare 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 and conditionally permitted uses in Subarea A

The following uses are permitted on the eastern site within the PD-49 zone “by right” in Subarea A:

A. Medical facilities, medical offices, hospitals, impatient and outpatient medical care, birthing facilities, dialysis units, medical and dental laboratory, convalescent hospitals, large residential care facilities, including residential, congregate residential and convalescent care, medical schools and teaching facilities, a single emergency helipad, facilities for the care of the sick or elderly, health club or recreational club, veterinary clinic, public and quasi public uses, such as government office, library, employment office, and utility offices and similar uses, including day care facilities.

B. 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 C. General retail sales and services.

D. Day care facilities.

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

The following uses are permitted within Subarea A subject to approval of a conditional use permit:

A. Restaurants.

B. Drive-in or drive-thru establishments related to a permitted use.

C. Auto Service station, car wash, tire shop, new or used car sales, vehicular repair.

D. Outdoor sales or display.

E. Churches, synagogues, or temples.

F. Crematoriums.

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

17.504.002 Permitted uses western site and conditionally permitted uses in Subarea B.

The following uses are permitted “by right” in Subarea B 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.

The following uses are permitted within Subarea B subject to approval of a conditional use permit western site:

A. Hotels and motels.

B. Mixed residential and nonresidential uses within the same structure, except as permitted above.

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

17.504.004 Permitted uses and conditionally permitted uses in Subarea C.

The following uses are permitted “by right” in Subarea C:

A. Medical facilities, medical offices, hospitals, impatient and outpatient medical care, birthing facilities, dialysis units, medical and dental laboratory, convalescent hospitals, large residential care facilities, including residential, congregate residential and convalescent care, medical schools and teaching facilities, a single emergency helipad, facilities for the care of the sick or elderly, health club or recreational club, veterinary clinic, public and quasi public uses, such as government office, library, employment office, and utility offices.

B. Professional and business offices.

C. General retail sales and services.

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

The following uses are permitted within Subarea C subject to approval of a conditional use permit:

A. Restaurants.

B. A drive-in or drive-thru associated with a drug store pharmacy use only.

C. Auto Service station, car wash, tire shop, new or used car sales, vehicular repair.

D. Outdoor sales or display.

E. Churches, synagogues, or temples.

F. Crematoriums.

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

17.504.005 Permitted uses and conditionally permitted uses in Subarea D.

The following uses are permitted “by right” in Subarea D:

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. Retail sales and services that are ancillary to specifically permitted uses, limited to 10% of the total building area on the parcel.

D. Day Care facilities.

The following uses are permitted within Subarea D subject to approval of a conditional use permit.

A. Hotels and motels.

B. Churches, synagogues, and temples.

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

D. Structures exceeding the maximum building height permitted in Subarea ‘D’.

E. Building encroachments into the minimum non-street setbacks in Subarea ‘D’.

17.504.006 Development standards.

A. Minimum Lot Area.

One acre for all four subareas. Smaller parcel sizes may be considered permitted if they are part of an overall master plan.

B. Maximum Building Height:

Subarea A 75 feet, not to exceed six stories.
Subarea B 40 feet, not to exceed three stories.
Subarea C 40 feet, not to exceed three stories.
Subarea D 30 feet, not to exceed two stories.

C. Building Setbacks:

Balfour Road 50 feet
Concord Avenue 50 feet
Highway 4 Bypass 50 feet
John Muir Parkway 50 feet
Eagle Rock Avenue 25 feet
Interior property line 10 feet on each property
Non-street setbacks 5 feet in Subareas ‘A’ and ‘C’
10 feet in Subarea ‘B’
10 feet in Subarea ‘D’ for a 1-story building
20 feet in Subarea ‘D’ for a 2-story building

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 August 12, 2003, attached hereto, unless otherwise approved by the Planning Commission.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 23rd day of September, 2003 and adopted at a regular meeting of Brentwood City Council on the _____ day of __________________, by the following vote:

Attachments:
Exhibit A – Zoning Map

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY AND JOHN MUIR/MT.DIABLO HEALTH SYSTEM

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

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

A. On August 15, 2001, the City and JMMD entered into that certain Development Agreement Between the City of Brentwood and John Muir/Mt. Diablo Health System (the “Development Agreement”), pertaining to approximately 58 acres of property owned by JMMD in the City and referred to herein as the Property.

B. The Development Agreement allows JMMD to develop the Property as an employment generating, mixed-use campus consisting of medical, professional office, commercial and residential uses. The medical uses, and other office and commercial uses, are intended to be developed on the approximately 37.4-acre eastern portion of the Property (the “East Site”), and the approximately 20.28-acre western portion of the Property (the “West Site”) is intended to be developed with office, commercial, and residential uses.
C. On May 1, 2001, the City approved a Tentative Map for the Property. On July 6, 2001, the City adopted an Initial Study/Mitigated Negative Declaration (the "Tiered MND") for the Project and, on the basis of the Tiered MND, it: (1) approved a General Plan Amendment re-designating the Property as "Special Planning Area Q" ("SPA Q") under the City's General Plan; (2) rezoned the Property from PD-20 to PD-49; and (3) adopted the Development Agreement.
D. JMMD has proceeded diligently to develop the Property in accordance and in compliance with the terms of the Development Agreement. To date, the steps JMMD has taken to develop the Property in compliance with the Development Agreement include the following:
1. On June 17, 2002, JMMD fulfilled its obligations under Section 3.03 of the Development Agreement by dedicating to the City the lands needed to extend the public roadways at Balfour Road, John Muir Parkway (formerly Concord Avenue), and Eagle Rock Avenue.
2. As of August 2002, the City approved of JMMD's full compliance with the terms of the Development Agreement under Section 10.03(d) of the Development Agreement.
3. On January 10, 2003, JMMD filed applications to begin construction of approximately 108,500 square feet of health clinic or related uses, approximately 93,500 square feet more than JMMD is required to construct at this time under Section 2.02 of the Development Agreement.
4. On March 18, 2003, the City's Planning Commission approved JMMD's application for design review approval for the 108,500 square foot medical office building. Construction is scheduled to commence in the summer of 2003, and to be completed in the summer of 2004.

5. In compliance with Section 3.04 of the Development Agreement, JMMD has reserved the lands needed for the Balfour Road interchange of the future State Route 4 Bypass.

6. On March 18, 2003, JMMD filed an application with the City to extend the term of the Tentative Map for the Western Site.

E. On or about May, 2003, JMMD acquired an interest in approximately seven (7) acres of land immediately adjacent to the Property, as more fully described on Exhibit A hereto (the "Expansion Site"), and subsequently filed an application with the City to amend the Development Agreement to incorporate the Expansion Site into the Project.

F. The City has determined that incorporating the Expansion Site into the existing Development Agreement will, among other things, allow the City to apply updated building and design standards to the site, ensure that land uses in proximity to the Project are compatible with the Project, and provide the City and JMMD with an opportunity to develop and implement a more comprehensive and cohesive master plan for the area surrounding the Project.

G. On September 23, 2003, pursuant to Government Code section 65868 and Brentwood Municipal Code section 17.810.011, following review and recommendations by the City's Planning Commission and all required, duly noticed public hearings, and after finding that the First Amendment is consistent with the General Plan and Zoning as amended, the City Council, by an Ordinance, took the following actions:

1. Adopted an Addendum to the Initial Study/Negative Declaration in support of this First Amendment;

2. Approved a General Plan Amendment that removed the existing "GC" (General Commercial) and “L” (Low density residential) designation for the Expansion Site, expanded SPA Q to cover the Property and the Expansion Site, and removed the "GC" (General Commercial) and "L" (Low density residential) designations for the Property that appeared on the City's General Plan Land Use Map;

3. Rezoned the Expansion Site from PD-20 to PD-49; and

4. Approved this First Amendment to the Development Agreement.
The City actions and approvals described in this Recital G are collectively referred to herein as the "Expansion Site Approvals."

Section 1. The City Council of the City of Brentwood acts as follows:

A. Approves the Addendum to the Mitigated Negative Declaration, and Mitigation Monitoring Program and authorizes the filing of a Notice of Determination for the project, including the First Amendment to Development Agreement between the City of Brentwood and John Muir/Mt. Diablo Health System (“First Amendment”).
B. Approves the amendment of the General Plan Land Use Element text and Map on the subject property as described in the First Amendment.

C. Approves the amendment of Zoning text and Map as stated in the Attached First Amendment and approved by a City Council Resolution.

SECTION 2. INCORPORATION. The foregoing sections, findings, and staff report statements are found and determined to be true and correct.

SECTION 3. COMPLIANCE. The First Amendment has been processed, considered, approved, and executed in accordance with Brentwood Municipal Code Chapter 17.810.

SECTION 4. FINDINGS PURSUANT TO B.M.C. §17.810.008. The City Council specifically further finds as follows:

A. The First Amendment 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 First Amendment 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 First Amendment 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 as amended by the First Amendment, 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 First Amendment is consistent with the provisions of Government Code Section 65864 through 65869.5.

SECTION 5. GENERAL PLAN. The General Plan Land Use and Map are hereby amended as stated in the First Amendment.

SECTION 6. ZONING ORDINANCE. The Brentwood Municipal Code, Zoning Chapter is amended and Zoning Map are hereby amended as stated in the First Amendment.

SECTION 7. 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 8. 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 9. RECORDATION. Pursuant to Government Code §65868.5, the City Council authorizes the City Clerk to record a fully executed copy of the First Amendment, 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 23rd day of September, 2003 by the following vote:

Attachments:
Exhibit A – Development Agreement – First Amendment

EXHIBIT A

First Amendment to
Development Agreement
Between
The City Of Brentwood
And
John Muir/Mt. Diablo Health System

This First Amendment to the Development Agreement Between the City of Brentwood and John Muir/Mt. Diablo Health System (the “First Amendment”) is entered into this ___ day of ______, 2003, by and between the CITY OF BRENTWOOD, a California municipal corporation (the “City”) and JOHN MUIR/MT. DIABLO HEALTH SYSTEM, a California not-for-profit corporation (“JMMD”). The purpose of this First Amendment is to incorporate the Expansion Site, defined below, into the Development Agreement.

RECITALS

A. On August 15, 2001, the City and JMMD entered into that certain Development Agreement Between the City of Brentwood and John Muir/Mt. Diablo Health System (the “Development Agreement”), pertaining to approximately 58 acres of property owned by JMMD in the City and referred to herein as the Property.

B. The Development Agreement allows JMMD to develop the Property as an employment generating, mixed-use campus consisting of medical, professional office, commercial and residential uses. The medical uses, and other office and commercial uses, are intended to be developed on the approximately 37.4-acre eastern portion of the Property (the “East Site”), and the approximately 20.28-acre western portion of the Property (the “West Site”) is intended to be developed with office, commercial, and residential uses.

C. On May 1, 2001, the City approved a Tentative Map for the Property. On July 6, 2001, the City adopted an Initial Study/Mitigated Negative Declaration (the "Tiered MND") for the Project and, on the basis of the Tiered MND, it: (1) approved a General Plan Amendment re-designating the Property as "Special Planning Area Q" ("SPA Q") under the City's General Plan; (2) rezoned the Property from PD-20 to PD-49; and (3) adopted the Development Agreement.

D. JMMD has proceeded diligently to develop the Property in accordance and in compliance with the terms of the Development Agreement. To date, the steps JMMD has taken to develop the Property in compliance with the Development Agreement include the following:

1. On June 17, 2002, JMMD fulfilled its obligations under Section 3.03 of the Development Agreement by dedicating to the City the lands needed to extend the public roadways at Balfour Road, John Muir Parkway (formerly Concord Avenue), and Eagle Rock Avenue.
2. As of August 2002, the City approved of JMMD's full compliance with the terms of the Development Agreement under Section 10.03(d) of the Development Agreement.

3. On January 10, 2003, JMMD filed applications to begin construction of approximately 108,500 square feet of health clinic or related uses, approximately 93,500 square feet more than JMMD is required to construct at this time under Section 2.02 of the Development Agreement.

4. On March 18, 2003, the City's Planning Commission approved JMMD's application for design review approval for the 108,500 square foot medical office building. Construction is scheduled to commence in the summer of 2003, and to be completed in the summer of 2004.

5. In compliance with Section 3.04 of the Development Agreement, JMMD has reserved the lands needed for the Balfour Road interchange of the future State Route 4 Bypass.

6. On March 18, 2003, JMMD filed an application with the City to extend the term of the Tentative Map for the Western Site.

E. On or about May __, 2003, JMMD acquired approximately six (6) acres of land immediately adjacent to the Property, as more fully described on Exhibit A hereto (the "Expansion Site"), and subsequently filed an application with the City to amend the Development Agreement to incorporate the Expansion Site into the Project.

F. The City has determined that incorporating the Expansion Site into the existing Development Agreement will, among other things, allow the City to apply updated building and design standards to the site, ensure that land uses in proximity to the Project are compatible with the Project, and provide the City and JMMD with an opportunity to develop and implement a more comprehensive and cohesive master plan for the area surrounding the Project.

G. On ______ __, 2003, pursuant to Government Code section 65868 and Brentwood Municipal Code section 17.810.011, following review and recommendations by the City's Planning Commission and all required, duly noticed public hearings, and after finding that the First Amendment is consistent with the General Plan as amended, the City Council, by an Ordinance, took the following actions:

1. Adopted an Addendum to the Initial Study/Negative Declaration in support of this First Amendment;

2. Approved a General Plan Amendment that removed the existing "GC" (General Commercial) designation for the Expansion Site, expanded SPA Q to cover the Property and the Expansion Site, and removed the "O" (Office) and "H" (High density residential) designations for the Property that appeared on the City's General Plan Land Use Map;

3. Rezoned the Expansion Site from PD-20 to PD-49; and

4. Approved this First Amendment to the Development Agreement.
The City actions and approvals described in this Recital G are collectively referred to herein as the "Expansion Site Approvals."

AGREEMENT

NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:

1. Defined Terms. All capitalized terms not defined herein shall have the meanings ascribed to them in the Development Agreement.

2. Changes to Development Agreement.

a. The definition of "Project" in Article 1 is hereby modified by deleting the final period and adding the following: ", and such medical, office, commercial and residential uses as are permitted on the Expansion Site pursuant to the Expansion Site Approvals and the Subsequent Approvals."

b. The definition of "Project Approvals" in Article 1 is hereby modified by deleting the final period and adding the following: ", and shall also include the Expansion Site Approvals as defined in Recital G to the First Amendment to Development Agreement Between the City of Brentwood and John Muir/Mt. Diablo Health System."

c. The definition of "Property" is hereby modified by deleting the final period and adding the following: ", and shall also include the Expansion Site as described in Exhibit A to First Amendment to Development Agreement Between the City of Brentwood and John Muir/Mt. Diablo Health System."

d. The definition of "West Site" is hereby modified by deleting the final period and adding the following: ", and the Expansion Site as defined by Recital E in and described on Exhibit A to the First Amendment to Development Agreement Between the City of Brentwood and John Muir/Mt. Diablo Health System."

e. Section 6.10 is hereby modified as follows: (1) In the first sentence, deleting the introductory phrase "With respect to the East Site," so that the first sentence reads: "The term of any subdivision map or any other map, permit, rezoning or other land use entitlement approved as a Project Approval or Subsequent Approval shall automatically be extended for the longer of the duration of this Agreement (including any extensions) or the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is in effect."; and (2) In the last sentence, replacing the phrase "West Site" with the word "Project", so that the last sentence reads: "With respect to any subdivision map or other map approved for the Project, City approves the filing of phased final subdivision maps pursuant to Section 66456.1 of the Subdivision Map Act."

3. Effect of this Amendment. Except as expressly modified by this First Amendment, the Development Agreement shall continue in full force and effect according to its terms. In the event of any conflict between this First Amendment and the Development Agreement, the provisions of this First Amendment shall govern.
4. Counterparts. This First Amendment may be executed in multiple facsimile counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their respective officers on the date(s) set forth below as of the date first written above.

CITY:

CITY OF BRENTWOOD
a California Municipal Corporation

By:_____________________________

Title:____________________________

Dated:___________________________

APPROVED AS TO FORM:

By:______________________________

Dated:___________________________
CITY ATTORNEY

JMMD:

JOHN MUIR/MT. DIABLO HEALTH SYSTEM, a California Not-For-Profit Corporation

By:_____________________________

Title:____________________________

Dated:___________________________

APPROVED AS TO FORM:

By:______________________________

Dated:___________________________
David A. Gold
MORRISON & FOERSTER

 

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