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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: July 26, 2005

Subject/Title: Reconsideration of the introduction and waiver of the first reading of an ordinance amending Planned Development 18 (PD-18) to reduce required setbacks and minimum lot size, and allowing a drive-thru coffee use as a conditionally permitted use within the neighborhood commercial area in this zone. This property is generally located north of Balfour Road and west of West Country Club Drive.

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Staff recommends that the City Council open the public hearing and take testimony on the proposed reconsideration of the project. After discussion of the project, staff recommends the Council take action by selecting one of the options listed below.

BACKGROUND
At its regular meeting of June 14, 2005, the City Council held a public hearing on a proposed zoning amendment to Planned Development (PD) 18 which would reduce the required rear and side yard setbacks and minimum lot size, and allow a drive-thru coffee use as a conditionally permitted use in one of the buildings within the proposed neighborhood commercial center.

At that City Council meeting, concerns were raised by neighborhood residents regarding the traffic and safety concerns of a drive-thru coffee use at this location given its proximity to the new middle and high schools and the adjacent Shadow Lakes residential neighborhood. Queuing, or stacking of the vehicles waiting to enter the drive-thru, and other traffic-related delays were some of the concerns for residents using East Country Club Drive. After discussion by the Council, the ordinance received a 2-2 tie vote, thereby effectively resulting in a denial of the proposed ordinance amendment.

PROJECT DESCRIPTION
At the City Council meeting of June 28, 2005, a request was made by Councilperson Taylor for reconsideration of this item. At this meeting it was explained that information had been brought to his attention that a substantial number of cars could be accommodated in the drive-thru lane before the traffic would back onto East Country Club Drive.

Since this time, Engineering staff has prepared an exhibit (attached) showing that approximately 16 cars could be accommodated in the drive-thru lane before the traffic would back onto East Country Club Drive. The assumptions made in preparing this exhibit were that the automobiles were shown as 20 ft. in length and an approximate 3 ft. distance was left between adjacent cars in the drive-thru. In addition, the traffic study prepared for the project had the following statement to address queuing:

“As part of the traffic study, there will be a drive-through lane at the coffee shop – café. As shown on the site plan, the drive-through area will be able to accommodate a queue of six to seven vehicles (a distance of about 140 feet). This will be sufficient. If the queue were ever to extend beyond this, it will be contained within the parking lot, and will not affect any through traffic within the lot. Observations of queuing conditions at other nearby projects show that this site will work very efficiently.”

Subsequent to the June 14, 2005 meeting, a question was raised as whether or not the Council could approve the drive-thru use with a condition that it be re-evaluated after a certain period of time, and if it there were problems occurring on site due to insufficient queuing, could the drive-thru operation be caused to cease.

The proposed Planned Development amendment would allow a drive-thru coffee use at this location as a conditionally permitted use. Conditionally permitted uses are those uses which have the potential to create adverse impacts, such as traffic, parking, noise, light, odor, etc., on surrounding uses and/or the community as a whole. Conditional uses require a public hearing by the Planning Commission which allows specific conditions of approval to be added to mitigate any potential adverse impacts. Possible conditions could include a limitation to the hours of operation, provision for on-site security or traffic personnel, etc. A standard condition included on all new conditional use permits allows the City to revisit the project if conflicts do arise in order to attempt to further mitigate the impacts or revoke the use permit approval altogether. Although revocation of a use permit is possible, it rarely occurs as cities pursue other less-drastic measures, such as alterations or additional mitigations, in an attempt to resolve problems.

OPTIONS

For clarification purposes, staff has identified the following possible actions:

1) Support the amendment to PD-18 as proposed by the applicant. This would allow the buildings in the shopping center to be built as shown on the plan (with reduced setbacks), allow the lots to be subdivided as shown (less than minimum lot size), and would allow a drive-thru coffee establishment as a conditional use in one of the buildings. If this is the desired result, the Council should approve the amendment to PD-18 as proposed in the attached exhibit.

2) Not supportive of the drive-thru coffee use portion of the proposed PD-18 amendment but supports the proposed reduction to setbacks and minimum lot size. This would allow the developer to move forward with his project and build it as shown on the plans but would not allow a drive-thru within the development. If this is the desired result, the Council should approve the amendment to PD-18 with a modification to 17.468.003 D.1 to delete reference to a drive-thru coffee use as a conditionally permitted use.

3) Not supportive of either the changes to the site development standards (reduced setbacks and minimum lot size) or the drive-thru coffee use as a conditionally permitted use. This would in effect deny the project and require the developer to redesign the shopping center to meet the required setbacks. Also, no drive-thru use would be allowed in the redesigned project. If this is the desired result, the Council should deny the amendment to PD-18.
FISCAL IMPACT
Fiscal impact to the City would be positive. The addition of another commercial site will attract economic development, jobs and businesses. The buildout of the project would provide additional sales tax revenue and an improved jobs-to-housing balance.

Attachments:
Queuing Layout for Drive-thru Use Prepared by Engineering Staff
Excerpt of the Minutes of the June 14, 2005 City Council Meeting and City Council Staff Report
Proposed Ordinance amending Planned Development 18
Site Plan

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 18 BY REDUCING REQUIRED SETBACKS AND MINIMUM LOT SIZE, AND ALLOWING DRIVE-THRU COFFEE USES AS A CONDITIONALLY PERMITTED USE WITHIN THE NEIGHBORHOOD COMMERCIAL AREA IN THIS ZONE. THIS PROPERTY IS GENERALLY LOCATED NORTH OF BALFOUR ROAD AND WEST OF WEST COUNTRY CLUB DRIVE.

WHEREAS, the applicant, HPH Properties, LP, has filed for an amendment to Planned Development 18 in order to establish specific development standards to accommodate his project (Design Review 04-37); and

WHEREAS, on May 3, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 05-29 which recommended the approval of the zoning amendment for Planned Development 18; and

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

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on July 15, 2005, 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 July 26, 2005, 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 17.450.007 of the City Zoning Ordinance and State CEQA Guidelines:

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

2. The proposed zoning amendment is consistent with the existing City General Plan land use designation on the subject property.

3. The proposed zoning amendment is consistent and compatible with other goals, policies and implementation programs set forth in the General Plan.

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

5. That the subject property regulated as a planned 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.

6. That the PD designation for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties.

7. The zoning amendment will involve areas which are abutting public streets which will provide physical access to the project site and there is sufficient capacity to accommodate the traffic anticipated to be generated by development and the adjacent uses in the vicinity.

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.

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

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

11. 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 will be in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s General Plan, including all relevant elements therefore, and with any applicable Specific Plan adopted by the City.

12. The proposed zoning amendment will serve the housing and economic needs of the City and the region and will not create a detrimental imbalance between the public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6).

13. Pursuant to Section 15168 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 General Plan. The Initial Study has further evaluated potential project specific impacts to the environment. Based upon 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 specified in the Program EIR to the project and imposes additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions of approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 and 2001 General Plans is adequate for all approvals relating to the project.

14. 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. The Mitigated Negative Declaration has not undergone any reorganization on this account. The City Council has considered all verbal and written comments relating to the Mitigated Negative Declaration and finds no significant new information has arisen.

15. 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, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. Directs staff to file the Notice of Determination with the County Clerk.

Section 2.

A. Approves the zoning amendment reducing required setbacks and minimum lot size, and allowing drive-thru coffee uses as a conditionally permitted use within the neighborhood commercial area in this zone.

B. Amends Chapter 17.468 of the Brentwood Municipal Code providing amended development standards for PD-18 as follows:

PD-18 (PLANNED DEVELOPMENT 18) ZONE

17.468.003 Conditionally Permitted Uses. The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A. Single Family Residential.

1. Those conditionally permitted uses within the R-1 (Single Family Residential) zone.

B. Neighborhood Commercial.

1. Restaurant or café restricted to sit down facility only, excepting a drive-thru coffee use approved only for Design Review 04-37 located on APN 019-340-037, and on and off sale liquor establishments.

2. Convenience banking center, automatic teller machine, drive-in or drive-thru establishments relating to permitted uses in the zone, excluding a drive-in or drive-thru restaurant.

3. Nursery, child care, day care center, meeting hall or fraternal hall, community center.

C. Planned Employment Center.

1. Those conditionally permitted uses within the R-3 (multi-family residential) zone.

2. Hospitals; medical facilities; facilities for care of the elderly including residential, congregate residential and convalescent care;

3. Restaurants and other facilities serving employees;

4. Financial institutions when less than three (3) such uses are located in the CB district, at the time of application for a discretionary approval by the City or, if no discretionary approval is needed, at the time of initial nondiscretionary approval, e.g., building permit or certificate of occupancy.

5. Health club, reducing studio or recreational club.

6. Veterinary clinic.

7. Public and quasi-public use such as government office, library, employment office, utility offices, and similar uses, including daycare facilities.

8. Similar uses subject to the approval of the Zoning Administrator.

D. Open Space.

1. Golf course and associated uses included the club house, driving range, etc.

17.468.005 Regulations for Lot Area, Density, Yards, Height, and Related Matters. Development Plan Required. Attachment “A” and “C” includes approximately 441 acres of property bounded by Balfour Road, the City limit line, and ECCID lateral No. 7. Before development can occur on approximately 30 acres, as described on Attachment “B”, this zone district must be amended to include a development plan and accompanying regulations. This development plan shall be approved by the Planning Commission and City Council. The plan shall establish standards for lot area, density, yards, height and parking, and shall also contain provisions governing design and site review, landscaping plans, hillside development and grading, and related matters. Except as otherwise specified in the regulations so adopted, development of the PD-18 Zone shall be in accordance with existing City standards for the uses shown in City Council Resolution No. 92-112 (General Plan Amendment).

A. Single Family Residential.

1. Minimum Lot Area.

The minimum lot area shall be 6,000 square feet.

2. Minimum Lot Width.

The minimum lot width shall be sixty (60) feet. Cul-de-sac lots shall have a minimum lot width of sixty (60) feet as measured parallel thirty (30) feet back from the front property line.

3. Minimum Lot Frontage.

The minimum lot frontage shall be half (1/2) of the required minimum lot width.

4. Minimum Front Yard Setback.

The front yard setback shall be twenty (20) feet as measured from the property line to the face of the garage and fifteen (15) to any building façade or side entry garage.

5. Minimum Side Yard Setbacks.

Side yard setbacks shall be fifteen (15) feet aggregate, with five (5) being the minimum as measured from the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten (10) feet. Minimum distance between houses shall be fifteen (15) feet.

6. Minimum Rear Yard Setback.

The minimum rear yard setback shall be fifteen (15) with an overall average setback of twenty (20) feet as measured from the building foundation.

7. Maximum Building Height.

The maximum building height for all structures shall be two (2) stories not to exceed thirty-five (35) feet. Split level lots may be three (3) stories, which do not exceed thirty-five (35) feet in height as measured from the lowest pad elevation on the lot.

8. Architectural Design.

a) Three car garages including golf cart garages shall be allowed on lots over sixty (60) feet wide, and four car garages shall be allowed on lots over eighty (80) feet, provided that any garage does not exceed thirty two (32) feet in width, as measured at the garage door face. All third or fourth car garages shall be offset from the main plane of the house.

b) Duel side entry four (4) car garages shall be allowed on lots over eighty (80) feet wide as long as there are two (2) separate garage structures.

c) A single off-set four (4) car garage may have a reduced inside length of eighteen (18) feet.

d) All front entry doors shall be visible from the street and shall provide a minimum of two steps into the house.

e) The use of stone and masonry accent material is encouraged. The use of a variety of roof materials (tile, fire retardant shake) is encouraged.

f) A variety of architectural designs shall be used in clusters throughout the development area. The exact design shall be determined at the time of design review.

B. Neighborhood Commercial.

1. Minimum Lot Area.

The minimum lot area shall be two (2) 0.80 acres.

2. Minimum Street Frontage Yard.

The minimum street frontage yard consisting of building frontage along all public streets shall be twenty (20) twelve (12) feet which shall be landscaped. A public sidewalk shall be included within this required width.

3. Minimum Non-Street Frontage Yard.

The minimum non-street frontage yard shall be zero (0) feet except that the minimum building setback from a residential zone shall be forty (40) twenty (20) feet, of which twenty (20) feet shall be landscaped.

4. Maximum Building Height.

The maximum building height shall be two (2) stories not to exceed thirty-five (35) feet.

C. Landscaping.

The landscaping standards for this development area shall comply with the regulations contained in Chapter 17.630, titled “Landscaping and Screening” except as provided below.

1. Street Trees

Street trees are required to be planted on all streets within the development area, as indicated on Attachment “A”. Tree spacing shall be staggered 30 feet on center on the parkway, and an average of 30 feet on center on other, residential streets. This also includes the Balfour Road frontage adjacent to soundwalls. Trees along the golf course frontage on Balfour Road should be clustered to allow views into the golf course.

2. Entryway Design and Balfour Road Landscaping.

The design of the entryways shall consist of signage, landscaping, hardscape, and other materials in the development area shall be reviewed by the Planning Commission. Landscaping and soundwall design shall be consistent along Balfour Road.

3. Graded Slope Landscaping.

a. All graded slopes shall require revegetation with native plant species, which are indigenous to the Brentwood area, whenever possible, to retain natural character, maintain views and contribute towards slope stabilization.

b. To ensure safe fire protection, fuel modification zone utilize plant materials that provide a gradual transition to natural vegetation to avoid hard planted edges.

c. Landscape plans for all graded slope areas shall be reviewed by the Fire Chief, Planning Commission, and other interested parties prior to implementation.

D. Parks and Open Space.

All park areas and any relevant open space areas shall require design review by the Planning Commission prior to final Tract Map approval, for each park in that particular tract. Facilities to be included in each park are as follows:

1. Mini-parks (0-2 acres).

a) Free play lawn area.

b) Shade landscaping.

c) Benches and low seat walls.

d) Picnic table with barbecue.

e) Other facilities required at the time of park plan submittal.

2. Neighborhood Parks (2.1+ acres).

a) Play equipment such as swings, slides, jungle gyms and climbing apparatus.

b) Softball and Little League field, including bleachers, dugouts, skinned infield, etc.

c) Volleyball pit, par course, full-court basketball.

d) Picnic tables, barbecue pits, drinking fountains.

e) Restrooms.

f) Other facilities required at the time of park plan submittal.

3. Open space.

a) Areas to remain as open space, as indicated on Attachment “A”, may be required to be offered for dedication as part of a public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, acceptable to the Council, sufficient to assure the maintenance and preservation of such open space for whatever purpose it is intended. Covenants or other legal arrangements shall specify the ownership of the open space; method of maintenance; responsibility for maintenance; maintenance; taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the Council; and any specification deemed necessary to the City.

b) All ungraded open space areas shall remain in their natural state, with no additional plantings.

c) All property described on Attachment “A” as a golf course shall remain as open space until such time as a golf course is deemed necessary for implementation. At no time shall any residential development occupy that area designated as a golf course.

d) Public play shall be provided to the golf course, at such time a golf course is warranted for development. The exact terms and agreements between the developer and the City shall be negotiated prior to opening of the course.

E. Hillside Development and Grading.

This subsection pertains to the design and development of prominent hilltop and ridgeline areas as shown on Attachment “A”. This section is required due to the physical nature of the property. All requirements for development, as outlined in PD-18, shall be complied with in addition to this subsection.]

1. Ridge Views.

Off-site views of distant ridgelines as seen off-site (looking west and northwest) should not be impaired and shall be protected.

2. Pad Grading.

a) All 2:1 slopes shall not exceed 20 feet between pads, shall be located in rear or side yards, and shall be hidden from public view. All plot plans shall give final pad elevations and top of slope elevations for each lot.

b) Every means shall be undertaken to provide split level lots (vertical and horizontal) which correspond to the natural contour.

c) All building pads that do not drain to the street shall have drains installed in the rear portion of the lot for horizontal rear yard split level lots. All other lots shall drain to the front of the lot and away from the house foundation. Individual lot drains shall be installed, where necessary.

3. Contour Grading.

Cut and fill slopes shall be designed without long uninterrupted flat surfaces, meaning that the slopes shall be sculptured with existing contour and without sharp angels of intersection at top and bottom of slopes. Slopes shall be rounded at top and bottom, and wherever constructed slopes shall blend with existing topography.

4. Erosion Control.

Slope and pads graded and left longer than 90 days should be hydroseeded or planted with non-irrigated materials and allowed to naturalize. During the rainy season (October 15 through April 15), slopes an pads graded and left longer than 30 days should be hydroseeded or planted with non-irrigated materials and allowed to naturalize.

5. Wall and Fence Location.

All masonry soundwalls, park, golf course, and “good neighbor” fences shall be set back a minimum of one (1) foot at the top of slope. All lots shich abut the golf course shall have a six (6) foot high wrought iron fence with brick columns or similar materials planned for project consistency set at thirty (30) foot intervals.

6. Architectural Design.

This subsection is to provide direction for the design and construction of homes within this subarea, due to the physical nature of this subarea.

a) A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside are required.

b) Large, two-story unbroken wall expanses which face public view shall be avoided, in which wall expanses shall be enhanced through varied architectural elements.

c) Exterior finishes of dwelling units and structures shall blend in with natural surroundings of the area and shall not dominate the natural environment.

d) The need for building skirting shall be kept at a minimum by stepping the foundation and using appropriate hillside architectural designs.

e) Building height and scale shall respond to the existing terrain.

f) All side split level lots shall be limited to a two (2) car garage. However, through the design review process, a third car garage may be allowed if the garage is side entry and offset from the main plane of the house.

F. Streets.

1. Street Standards.

a) All public and private street standards within the development area shall conform with those standards adopted by the Department of Public Works for residential collector and cul de sac streets. However, the Parkway road which provides access to the project shall have a ROW of ninety-six (96) feet. Single loaded parkway areas next to the golf course shall have a reduced street width, eliminating the parking lane. The road standard shall be shown on an approved vesting tentative map.

b) Private streets within gated areas shall be allowed to have a sidewalk on one side of the street only.

c) All on-street parking and sidewalks shall be eliminated on streets which abut the golf course.

2. Light Standards.

Street lights for the parkway and local residential streets, pedestrians, and lights for walkways shall be staggered on each side of the street, and the standards for the public streets shall be approved by the Department of Public Works. In no case, shall lighting spill over into private lots from the neighborhood commercial, park and driving range facilities.

Section 3.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing in the Brentwood Press a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 4. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 26th day of July, 2005, and adopted at a regular meeting of Brentwood City Council on the ____ day of __________, 2005, by the following vote:
 

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