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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: December 14, 2004

Subject/Title: Second reading and adoption of Ordinance No. 789 approving a Rezone (RZ 04-11) to establish development standards for Sub Area ‘C’ of PD-20, a 3.7-acre site located approximately 1/3 mile south of Balfour Road and directly west of Concord Avenue

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 789.

PREVIOUS ACTION
At its meeting on November 9, 2004, the City Council waived the first reading of Ordinance No. 789 on a 4-0 vote (Councilmember Petrovich was absent).

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a 52,000 square foot medical office building, per the plans approved by the Planning Commission on November 16, 2004.

FISCAL IMPACT
The developer will be required to pay all relevant fees as specified in the conditions of approval for the project. The project, once developed, would generate additional property tax and jobs. The project will also increase demand for the urban services the City provides, which will result in ongoing service delivery costs associated with the new neighborhood.

Attachments
Ordinance

ORDINANCE NO. 789

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 04-11) TO ESTABLISH DEVELOPMENT STANDARDS FOR SUB AREA ‘C’ OF PD-20, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED APPROXIMATELY 1/3 MILE SOUTH OF BALFOUR ROAD AND DIRECTLY WEST OF CONCORD AVENUE (APN 010-010-029).

WHEREAS, Brentwood Medical Partners, LLC has requested that the City approve an amendment to PD-20 by adding development standards for a 3.7-acre site located approximately 1/3 mile south of Balfour Road and directly west of Concord Avenue; and

WHEREAS, on October 19, 2004, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 04-68 which recommends the approval of the rezone, establishing Sub Area ‘C’, and adding development standards for the project site; and

WHEREAS, specific development plans for a medical office building have been concurrently submitted; and

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

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

WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on September 24, 2004, and ended on October 13, 2004, and no comments were received during the review period; and

WHEREAS, a duly noticed public hearing for this request was advertised in the Brentwood News on September 24, 2004, and again on October 29, 2004, and mailed to property owners within 300 feet of the site as required by City Ordinance and Government Code Section 65090; and

WHEREAS, the City Council of the City of Brentwood considered this request at a public hearing at its regular meeting of November 9, 2004, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the Planning Commission recommendation, the presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations, and documents regarding the proposed rezone; and

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

1. The site is physically suitable for the type and the density of development proposed; and

2. The proposed amendment to PD-20 has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

3. The proposed amendment to PD-20 is consistent with the City's Zoning Ordinance; and

4. The proposed amendment to PD-20 is consistent and compatible with other goals, policies, and implementation programs set forth in the General Plan; and

5. The development of the project site, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City, and is consistent with the general intent and spirit of the Zoning Ordinance and with the City's General Plan, including all relevant elements thereof; and

6. 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

7. The City Council further finds that no significant new information within the meaning of Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City which would necessitate recirculation of the Mitigated Negative Declaration for further public review; and

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 FURTHER RESOLVED that the City Council of the City of Brentwood does hereby take the following actions:

Section 1.

Adopts the Mitigated Negative Declaration prepared for this project and directs staff to file the Notice of Determination with the Contra Costa County Clerk.

Section 2.

Approves Rezone No. 04-11 for the 3.7-acre project site, as shown on Exhibit "A" to this Ordinance, by adding Sub Area ‘C’ to PD-20.

Section 3.

Chapter 17.470 of the Brentwood Municipal Code is hereby amended for the purpose of regulating certain real property and establishing development standards for Sub Area ‘C’ of PD-20, as shown on Exhibit "B" to this Ordinance.

Section 4.

Chapter 17.470 is hereby known as the Planned Development No. 20 Zone.

Section 5.

Development standards for Sub Area ‘C’ of PD-20 are hereby included as shown in Exhibit "C" attached hereto and made a part of this Ordinance.

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.

A. 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 9th day of November 2004, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 14th day of December 2004, by the following vote:

Exhibits:
Exhibit "A" – Map of area to be rezoned
Exhibit "B" – Legal description of area to be rezoned
Exhibit "C" – Development standards for Sub Area ‘C’ of PD-20

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 789
MAP OF AREA TO BE REZONED

EXHIBIT "B" TO
CITY COUNCIL ORDINANCE NO. 789
LEGAL DESCRIPTION OF AREA TO BE REZONED


Rezone No. 04-11 establishes Sub Area ‘C’ of PD-20 and is defined as Parcel “B” of Minor Subdivision No. 355-02, recorded on November 21, 2002, in Contra Costa County and referenced in the book of parcel maps as 185 P.M. 33.

EXHIBIT “C” TO
CITY COUNCIL ORDINANCE NO. 789
DEVELOPMENT STANDARDS FOR SUB AREA ‘C’ OF PD-20


Minimum Lot Area: One (1) acre, except that a master planned development may be subdivided into smaller parcels with the approval of the Planning Commission.

Minimum Street Frontage: One hundred (100) feet, except in the event of a subdivision pursuant to the subsection above, no minimum frontage is required provided a reciprocal access easement is recorded between or among adjacent parcels within a master plan.

Minimum Building Setback Requirements: Fifteen (15) feet on all sides unless more is required to mitigate any potential noise impacts.

Maximum Building Height: Two (2) stories, not to exceed thirty-five (35) feet; architectural elements may project to forty (40) feet.
 

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