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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: October 11, 2005

Subject/Title: Introduce and waive the first reading of an ordinance amending Planned Development 48 (PD-48) to create a new retail Subarea. The site is located at the intersection of Lone Tree Way and Jeffrey Way.

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
The Planning Commission and staff recommend that the City Council introduce and waive the first reading of an ordinance approving a zoning amendment to Planned Development 48 to create a new retail Subarea. The site is located at the intersection of Lone Tree Way and Jeffrey Way.

PREVIOUS ACTION
In August 2000 the City Council approved Planned Development No. 48 to allow for the development of permanent church facilities in an area that is designated for Regional Commercial land uses in the City’s General Plan. In addition, it was intended to insure that all existing uses (including several residences and churches) within the area become legal, conforming uses under the Brentwood Municipal Code, and that provisions be made to accommodate commercial uses along zoning district’s Lone Tree Way frontage.

BACKGROUND
At the Planning Commission hearing on September 20, 2005, the Planning Commission recommended approval of the proposed changes by a 4-0 vote. This application is now being brought before the City Council for consideration. In addition to this zoning amendment, the Planning Commission also approved an amendment to a design review application (DR 02-35A) for the construction of a 76,626 square foot retail/commercial center on a 9.75-acre site.

PROJECT DESCRIPTION

The proposed PD rezoning would create a new Subarea A which would cover an approximately 9.75-acre area, consisting of four parcels. Three parcels are owned by the developer, KPO, LLC, and the fourth parcel is owned by ECCID which has granted the developer an easement to construct a parking lot and landscaping. The new Subarea A would establish allowable uses and development standards and regulations for this portion of PD-48.

ANALYSIS
As stated above, the original intent for PD-48 was to allow retail and commercial uses within the portion of this PD that fronts Lone Tree Way. However, it is not clear that the development standards and uses adequately addressed the actual construction of retail uses on this site. The proposed development standards have been changed for this retail portion of the PD to better meet the needs of retail development and include the following notable changes: The maximum allowable 24 ft. single-story height limitation has been increased to 35 ft. to allow for the parapet wall style construction usually used in the construction of retail buildings. Also, retail uses have been made a permitted use, rather than a conditionally permitted use as staff could not identify any potentially adverse impacts from retail uses in this location.. These proposed changes only apply to the 9.75 acres within Subarea “A” and not the remainder of PD-48 which will become Subarea “B” and be subject to the current planned development standards.

Staff is proposing to modify Section 17.503.002 to include the wording for the permitted uses within Subarea “A”, modify Section 17.503.003 to include the wording for the conditionally permitted uses within Subarea “A” and Section 17.503.004 to include the wording for the development standards within Subarea “A”. Subarea “A” would only apply to the 9.75 acres located at the southeast corner of Lone Tree Way and Jeffrey Way. The rest of the area within the PD will be shown as Subarea “B” and the currently approved PD standards and guidelines will be applicable to it.

With commercial retail development occurring along this corridor staff feels that changing the PD-48 standards to allow those previously conditionally permitted uses to now be allowed as permitted uses makes sense and would be consistent with type of development that is currently located along Lone Tree Way, as well as the rest of the City. The same rationale would be used for the building height change.

Following is how the changes will be reflected within the current PD-48 development standards:

17.503.002 – Permitted Uses:

Subarea “A”

1. General and convenience retail uses such as but not limited to clothing store, fabric store, furniture store, bakery shop, walk in only sandwich shop, video store, book store, florist, newsstand, gift shop, and similar uses.

2. Personal service uses such as but not limited to dry cleaning store, shoe repair store, beauty or barber shop, automatic teller machines, real state office, and similar uses.

3. Similar uses subject to the approval of the Community Development Director.

Subarea “B”

Same permitted uses as allowed under the current PD-48.

17.503.003 - Conditionally Permitted Uses:

Subarea “A”

The following uses are permitted only on the granting of a conditional use permit:

1. Gas station with a car wash and mini mart, sit down restaurant or café, and one drive-thru restaurant along the Subarea “A” Lone Tree Way frontage. All other drive-thru restaurants and uses are prohibited.

2. Similar uses subject to the approval of the Community Development Director because of the type of operation, materials stored or sold, or other special circumstances requiring special consideration and regulations through the conditional use permit procedure.

Subarea “B”

Same conditionally permitted uses as allowed under the current PD-48

17.503.004 - Development Standards

Subarea “A”

All permitted and conditionally permitted uses shall conform to the development standards set forth as follows:

1. Minimum lot size: 1.5 acres

2. Minimum lot width: 100 feet

3. Minimum street frontage: 10 feet

4. Maximum building height: 35 feet, except as additional height may be needed for effective screening of rooftop mounted equipment.

Subarea “B”

Same development standards as allowed under the current PD-48

FISCAL IMPACT
Fiscal impact to the City would be positive. Although the establishment of development standards themselves does not create a fiscal impact, this action will allow the development of a retail shopping center in a manner which will promote a vibrant mix of retail uses thereby generating sales tax revenue for the City.

Attachments:
Ordinance amending Planned Development 48
Subarea Map
Draft Excerpt of the Planning Commission Minutes for the meeting of September 20, 2005

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 48 TO MODIFY PD-48 CREATING A NEW RETAIL SUBAREA FOR THE BRENTWOOD STATION RETAIL CENTER LOCATED AT THE INTERSECTION OF LONE TREE WAY AND JEFFREY WAY.

WHEREAS, the applicant, KPO, LLC, has filed for an amendment to Planned Development 48 in order to modify PD-48 creating a new retail Subarea; and

WHEREAS, on September 20, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 05-55 which recommended the approval of the zoning amendment for Planned Development 38; and

WHEREAS, the City reviewed this project in accordance with the California Environmental Quality Act (CEQA) and has determined that all of the potentially significant effects have been analyzed adequately and have been avoided or mitigated pursuant to that earlier Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project and no further environmental review is necessary; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on September 30, 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 October 11, 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.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

1. The following supporting findings for this project as required by Section 17.450.007 of the City Zoning Ordinance and State CEQA Guidelines are made:

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

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

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

d. The proposed zoning amendment has been processed in accordance with the applicable provisions of the California Government Code and CEQA.

e. 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.

f. 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.

g. 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.

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

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

j. 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.

k. The proposed zoning amendment will serve the 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.

l. The previously approved Mitigated Negative Declaration is adequate for and applicable to all approvals relating to the project.

2. Make the finding that the proposed PD rezoning is consistent with the Brentwood General Plan;

3. Amends Chapter 17.503 of the Brentwood Municipal Code providing amended development standards for PD-48 as follows:

17.503.002 – Permitted Uses:

Subarea “A”

1. General and convenience retail uses such as but not limited to clothing store, fabric store, furniture store, bakery shop, walk in only sandwich shop, video store, book store, florist, newsstand, gift shop, and similar uses.

2. Personal service uses such as but not limited to dry cleaning store, shoe repair store, beauty or barber shop, automatic teller machines, real state office, and similar uses.

3. Similar uses subject to the approval of the Community Development Director.

Subarea “B”

Same permitted uses as allowed under the current PD-48.

17.503.003 - Conditionally Permitted Uses:

Subarea “A”

The following uses are permitted only on the granting of a conditional use permit:

1. Gas station with a car wash and mini mart, sit down restaurant or café, and one drive-thru restaurant along the Subarea “A” Lone Tree Way frontage. All other drive-thru restaurants and uses are prohibited.

2. Similar uses subject to the approval of the Community Development Director because of the type of operation, materials stored or sold, or other special circumstances requiring special consideration and regulations through the conditional use permit procedure.

Subarea “B”

Same conditionally permitted uses as allowed under the current PD-48

17.503.004 - Development Standards

Subarea “A”

All permitted and conditionally permitted uses shall conform to the development standards set forth as follows:

1. Minimum lot size: 1.5 acres

2. Minimum lot width: 100 feet

3. Minimum street frontage: 10 feet

4. Maximum building height: 35 feet, except as additional height may be needed for effective screening of rooftop mounted equipment.

Subarea “B”

Same development standards as allowed under the current PD-48.

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

a. 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

b. 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

c. 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.

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

6. 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 11th day of October 2005, and adopted at a regular meeting of Brentwood City Council on the ____ day of __________, 2005, by the following vote:

PLANNED DEVELOPMENT – 48
SUBAREA MAP

CITY OF BRENTWOOD
PLANNING COMMISSION
MINUTES SEPTEMBER 20, 2005
COUNCIL CHAMBERS
7:00 PM

DRAFT PLANNING COMMISSION MINUTES EXCERPT
– ITEM 3A –
KPO, LLC
SEPTEMBER 20, 2005

3a. Approved an application for a Rezone approval to amend PD-48 (RZ 05-11) to modify the uses and development standards and amend the Design Review to facilitate the construction of a 76,626 sq. ft. retail center building for the Brentwood Station Retail Center, located at the intersection of Lone Tree Way and Jeffrey Way. Applicant: KPO, LLC. File: RZ 05-11; DR 02-35A (Zilm).

Senior Planner Zilm gave a brief overview of the staff report.

Commissioner Stirling asked where the bus stop was.

Commissioner Pitkin asked what type of restaurant was proposed.

Commissioner Londos asked if there was a wall along the rear-property line. Senior Planner stated there was an existing wall on site. Commissioner Londos asked about the master sign program.

Public Hearing Opened.

Ralph Strauss, SDG Architects, introduced Buzz Walker, Bill Butler, Larry Cramer, Bob Hall and John Sechser. Mr. Strauss showed a few slides of the project related to staff concerns and the concerns of Peer Reviewer Larry Cannon, and how they had been addressed. He discussed storefronts, colors, site plans, and design elements. He also spoke about Conditions of Approval 4, 5, 6, 9, 10, 12, 14, and 15. A meeting was recently held with the project proponents that the Architect was not present at and Planning Manager Kline indicated that some of these conditions have already been fulfilled and the applicant is aware of this.

Commissioner Stirling asked about the bus stop, handicapped parking and access.

Commissioner Pitkin asked about the trash enclosures in the back of the building. He also asked about the building elevations, the detail on the back of the building, and the building height related to the screening of the building roof equipment.

Buzz Walker, an applicant, spoke in favor of the project. He addressed Condition of Approval 5 related to having the wording changed from the first building permit to occupancy. He also raised condition 16 and asked that it also be tied to occupancy rather than building permit.

Chairman Padgett stated that Condition of Approval 6 had not been omitted.

Public Hearing Closed.

Commissioner Stirling said the front elevations look good. He was OK with the landscaping at the rear of the building, and suggested that the building “niches” could be painted a different color than the adjacent walls.

Commissioner Londos is not in favor of stamped asphalt for the pedestrian walkway in the parking lot.

Commissioner Pitkin spoke about colors, attention to hiding roof equipment, and Condition 5.

Planning Manager Kline stated Condition 6 could be deleted. Related to Condition 5, staff is very reluctant to change the timing from building permits to occupancy. She cited previous problems.

Buzz Walker spoke to the Bypass construction, and how it will impact their project.

Chairman Padgett spoke about the fair share payment, and timing. He asked when we would know what the fair share was.

Supervising Engineer Kim stated the fee amount would be available in a couple of weeks.

Commissioner Pitkin stated that Condition 5 could be reworded to state that “when constructed by others, the applicant shall pay his fair share”.

Commissioner Stirling asked about the difference between building permits vs. improvement permits.

Chairman Padgett stated stamped concrete would look better than stamped asphalt. He discussed the landscape plan, and thought the project looked great. His only issue was Condition 5.

Commissioner Stirling asked about clarification of landscaping along the rear of the project. Planning Manager Kline stated the condition suggests that where there is an opportunity to reduce the width of the paving to a minimum of 20 feet. It would make room for additional landscaping. Condition 14 states as feasible. She stated that Parks and Recreation is working with Community Development on the landscape review for commercial and office projects.

Commissioner Londos asked about truck delivery in the back.

Commissioner Pitkin stated trees could hang into the drive aisle if the area was only 20 feet wide.

Chairman Padgett is in favor of approving it as presented. Modifying Condition 14 to change the colors of the back to be changed subject to the approval of the Community Development Director would be acceptable.

Motion to approve Planning Commission Resolution No. 05-55 approving an amendment to PD-48 to create a new Subarea and Design Review No. 02-35, as conditioned for the Brentwood Station Retail Center, with the following changes: add Condition 16 as per the agenda review item, and change the date in the 4th paragraph in the resolution from September 6th to September 20, 2005, Delete Condition 6, and reword Condition 14 to change the color of the back of the building in the niches and add landscaping as much as possible to the approval of the Community Development Director on the plans submitted for building permit issuance.
Moved by Stirling; seconded by Londos
Vote: 4-0-0
Yes: Padgett; Stirling; Londos; Pitkin
 

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