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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: October 25, 2005

Subject/Title: Introduce and waive the second 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 second 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.

BACKGROUND
At its meeting of October 11, 2005, the City Council, in a 3–0 vote, introduced and waived the first reading of Ordinance No. 814.

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

ORDINANCE NO. 814

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 48; 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 25th day of October, 2005, by the following vote:

PLANNED DEVELOPMENT – 48
SUBAREA MAP

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