City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: August 9, 2005

Subject/Title: Adoption of the amendment to the City of Brentwood’s Zoning Code Chapter 17.280.002 Subsection “A” Permitted Uses in the CB (Central Business) Zone that will regulate the location of office uses on the ground floor within the CB Zone
.
Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
The Planning Commission and staff are recommending that the City Council introduce and waive the first reading of an Ordinance that amends existing Chapter 17.280.002 Subsection “A” Permitted Uses in the CB (Central Business) Zone of the Municipal Code that will regulate the location of office uses on the ground floor within the CB Zone. This proposed ordinance change would be consistent with the recommendations of the draft Downtown Specific Plan currently under consideration by the City.

PREVIOUS ACTION
The existing Chapter 17.280 was adopted in 1991 when the Downtown Core was rezoned from C-2 General Commercial Zone to CB Central Business Zone.

BACKGROUND
At its meeting of July 19, 2005, the Planning Commission considered this request. In a 5-0 vote, the Commission recommended the ordinance be forwarded to the City Council for approval. Staff has added a clarification to the proposed ordinance change subsequent to the Planning Commission hearing to specifically call-out that office uses are permitted in any portion of the building above the ground floor to clarify that second floor office uses are a permitted use.

ANALYSIS
Chapter 17.280.002 Subsection “A” Permitted Uses in the CB (Central Business) Zone reads as follows:

“General retail sales excluding uses with outdoor storage or display; professional office uses including medical and dental veterinarian or pet store excluding kennels.”

Staff is recommending adding after “professional office uses including medical and dental shall be permitted on the ground floor providing the use is located a minimum of 65 feet back from the front building facade for any building. Office uses are also permitted in any portion of the second floor of the building.”

The goal of this amendment is to respond to direction received from several downtown business and property owners and the Downtown Specific Plan consultants. The reason for this recommendation is that in order to have a vibrant and prosperous downtown you have to create an active ground floor frontage within the Downtown Core that promotes significant new development of specialty retail shops, and personal services within the Downtown Core. Thereby, encouraging pedestrian-generating uses such as gift shops, books and music stores, as well as vendors selling local wares, foods, wines and similar specialty retail. Personal service uses including hair salons, beauty salons and other personal services, as well as dance and yoga studios, education centers, art galleries and antique shops should be encouraged that reinforce the distinctive charm of Brentwood’s small town characteristics. Requiring professional office uses to go in behind ground floor retail or on the second floor would keep the portions of these buildings along the street frontage available to retail and personal service uses, thereby maintaining a well-defined retail core throughout the downtown. The distance of 65 ft. back from the front façade was developed through discussion with both commercial brokers and the Downtown Specific Plan consultants regarding the maximum tenant space depth desired by retailers.

Amending the Zoning Ordinance to include the new text makes it consistent with the General Plan Economic Development Goal 5 - Retail Services which encourages retail and service growth that corresponds with local and regional demands, generates tax revenues for the City, and maintains the historical commercial focus and vitality of the downtown and Policy 5.3.2 which states “Encourage the development and expansion of downtown goods and services that are unique to the City that will establish a “niche” and make it competitive with outlying areas”.

FISCAL IMPACT
The fiscal impact of this ordinance would be negligible.

Attachment:
Draft Ordinance amending Chapter 17.280.002 Subarea “A”

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RECOMMENDING AN AMENDMENT TO CHAPTER 17.280.002 SUBSECTION “A” PERMITTED USES IN THE CB (CENTRAL BUSINESS) ZONE THAT WILL REGULATE THE LOCATION OF OFFICE USES ON THE GROUND FLOOR WITHIN THE CB ZONE.

WHEREAS, the current Chapter 17.280.002 Subsection “A” Permitted Uses in the CB (Central Business) Zone is outdated and needs to be consistent with the City’s General Plan and soon to be approved Downtown Specific Plan and the modern needs of a growing mixed use community and meet the expectations of its citizen; and

WHEREAS, a duly noticed public hearing on this project was advertised in the Brentwood Press on July 15, 2005; and

WHEREAS, the environmental effects of this proposed action have been considered and subject to the California Environmental Quality Act Section 15061 Subsection B3 will not have a significant effect on the environment and thereby exempt from any further environmental review; and

WHEREAS, the City Council held a public hearing on the proposed Municipal Code Amendment for the purpose of reviewing the staff report, which includes an analysis of the consistency of the proposed project with all goals and policies of the General Plan, considering all comments made by public testimony with the respect to this project amendment and all other documents; and

WHEREAS, the City Council of the City of Brentwood makes the following supporting findings for this application:

1. No text amendment shall occur, which is inconsistent with the City’s General Plan. In making a decision the City Council considers the consistency of the proposed action to the Municipal Code and whether the proposed action is inappropriate or otherwise contrary to the public interest. The City Council finds that the proposed text amendment is consistent with the public interest and the City’s General Plan Economic Development Goal 5 Retail Services which encourage retail and service growth that corresponds with local and regional demands, generates tax revenues for the City, and maintains the historical commercial focus and vitality of the downtown and Policy 5.3.2 which states “Encourage the development and expansion of downtown goods and services that are unique to the City that will establish a “niche” and make it competitive with outlying areas”.

2. That the amendment will expound Chapter 17.280.002 Subsection “A” so that activities may be conducted in harmony with other uses within the Downtown which encourages or creates new activities which will support and induce balanced economic growth.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby takes the following action:

• Recommends approval of the amendment to the text of Chapter 17.280.002 Subsection “A” of the Municipal Code as indicated below attached hereto and made a part of this ordinance:

CHAPTER 17.280

17.280.02 Permitted Uses:

Subsection “A”

General retail sales excluding uses with outdoor storage or display; veterinarian or pet store excluding kennels; professional office uses including medical and dental shall be permitted on the ground floor providing the use is located a minimum of 65 feet back from the front building facade for any building. Office uses are also permitted in any portion of the second floor of the building.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the day of , 2005 by the following vote:

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov