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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: December 13, 2005

Subject/Title: Second Reading and adoption of Ordinance No. 817 approving the Downtown Specific Plan and of Ordinance No. 818 approving a Rezone Amendment to the City’s Zoning.

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Waive the second reading and adopt the following:
1. Ordinance No. 817, approving the Downtown Specific Plan, the Amendment to the Specific Plan and the development standards for all the properties located within the Downtown Specific Plan area, and;

2. Ordinance No. 818, approving a Rezone Amendment (RZ 05-18) to the City’s Zoning Ordinance changing the Central Business (CB), Thoroughfare Commercial (C-3), Commercial/Office/ Business (COB), Commercial/Office/Residential (COR), Single Family Residential (R-1-6), Moderate Density Residential (R-2), High Density Residential (R-3), Open Space (OS), Planned Development (PD) 37, Industrial Commercial (IC) and Public Facility (PF) zoning designations to a new Downtown (DT) zoning designation for the Downtown Specific Plan area and remove the Central Business District (CB), PD-37, and Industrial Commercial (IC) zoning designations from the Brentwood Municipal Code and adopt a new zoning designation for the Downtown (DT) Zoning District and all relevant development regulations, standards and uses regulations contained within.

BACKGROUND
At its meeting of November 16, 2005, the City Council, in a 4 – 0 vote, introduced and waived the first reading of Ordinance No. 817 and Ordinance No. 818.

FISCAL IMPACT
Fiscal impact to the City would be positive. Although the establishment of the Specific Plan and the development standards themselves does not create a fiscal impact, this action will allow the development of the Downtown in a manner which will promote a vibrant mix of uses thereby generating sales tax revenue for the City and ensure the long term economic viability of the Downtown.

Attachments:
Ordinance No. 817
Ordinance No. 818

ORDINANCE N0. 817

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE SPECIFIC PLAN (SP 05-01) AND AMENDMENT FOR THE DOWNTOWN AREA OF ROUGHLY 55 ACRES, PRIMARILY LOCATED ALONG WALNUT BOULEVARD AND BRENTWOOD BOULEVARD TO THE WEST, FIR STREET TO THE SOUTH, THIRD STREET TO THE EAST AND BRENTWOOD BOULEVARD TO THE NORTH.

WHEREAS, the City of Brentwood in order to implement this proposed plan has applied for approval of General Plan Amendment (GPA 05-05), Rezone Amendment (RZ 05-18), Specific Plan (SP 05-01) and certification of the Environmental Impact Report (EIR); and

WHEREAS, on October 4, 2005, the Planning Commission adopted Resolutions 05-63, 05-64, and 05-66, recommending to the City Council certification of the EIR prepared for the project, approval of General Plan Amendment (GPA 05-05), approval of rezone (RZ 05-18), approval of Specific Plan (SP 05-01) for the project; and

WHEREAS, a legal notice was advertised, on September 23, 2005 in the Brentwood Press and mailed to property owners of record within 300 feet of the project site pursuant to City policies and Government Code Section 65091; and

WHEREAS, at the public hearing on November 16, 2005, the City Council considered the draft Downtown Specific Plan, the staff report and all public comments.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Brentwood:

1. Hereby finds and determines as follows:

A. The Downtown Specific Plan includes the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan; and

B. The Downtown Specific Plan includes the proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan; and

C. The Downtown Specific Plan includes standards and criteria by which development will proceed and standards for the conservation, development and utilization of natural resources, where applicable; and

D. The Downtown Specific Plan includes a program of implementation measures including regulations, programs, public work projects and financing measures necessary to carry out the development strategies of the Plan to support and complement the growth and enhancement of the Downtown.

E. The Downtown Specific Plan does include a statement of the relationship of the Specific Plan and the General Plan.

2. Hereby takes the following action:

1. Approve the Downtown Specific Plan (SP 05-01) and the recommended amendments to the Downtown Specific Plan as reflected in Exhibit A attached to and made a part of this resolution.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a special meeting of the Brentwood City Council on the 16th day of November 2005 by the following vote:

EXHIBIT “A” TO
ORDINANCE N0. 817
AMENDMENTS TO THE DOWNTOWN SPECIFIC PLAN

1. Delete and replace “Vision Statement” on front page to emphasize the City’s cultural and community facility intent for the Downtown as follows:

The Vision: “A Day in the Life of the Future Downtown Brentwood”
Along the main shopping streets - Oak Street, between Brentwood Boulevard and Second Street, and First Street, between Chestnut and Maple Streets, Downtown is abuzz with activity from the moment the first shopkeepers arrive to open for business. Quickly, the sidewalks are bustling with employees coming to work, city officials and employees heading to the Civic Center, and seniors converging on the Community Center for early morning classes. Walking down Oak Street towards Brentwood Boulevard, Downtown residents grab a cappuccino and the local paper before heading off to work or catch the commuter rail at the Transit Station. Running in the opposite direction, school children are hustling to get to school before the bell.

During the day, Downtown streets are full of business, civic and cultural activity. The City’s residents can be seen patronizing a variety of personal and business services including salons and copy shops, architects, accountants, and attorneys. Unique retail shops, galleries and cafés are brimming with business, as many local and area residents take advantage of Downtown’s charming physical environment. During the lunch hour, many shops and cafés spill out onto the shaded sidewalks and into paseos and plazas. Sidewalk menu boards describe the day’s specials, and tables and chairs arranged on the sidewalk invite shoppers to sit down for a bite to eat. Some folks choose to hold their meetings at a local restaurant. Art studios are hosting gallery exhibits and openings, while dance and theatrical performers are rehearsing in the Community Playhouse in preparation for opening night. Above the ground floor shops, residents visit day spas and physical therapists, or attend midday classes at dance and yoga studios. In City Park, parents sit and chat as young children have fun in and around the playground and chase each other around the trunks of massive old trees or head to the Library for story time, while seniors can be seen reading the paper and playing cards in the shade.

At the end of the working day, street life within the Downtown Core feels akin to intermission during a theater performance. Shopkeepers can be seen moving outdoor display signs and wares off of the sidewalk and back indoors and sweeping up in front of their store; employees stop by the bank or the Post Office to tend to last-minute business before walking towards the transit center, or to retrieve their cars from nearby parking lots. Activity around the Civic Center reaches a calm frenzy, with many students and parents returning books to the Library and daytime social events at the Community Center come to an end. Some folks walk up to the Civic Center to pick up their kids from their ‘after-school’ activities, then grab a snack and sit in City Park to enjoy the last moments of daylight, the long rays of the sun illuminating the façade of City Hall. On all streets, residents of Downtown can be seen returning home after the workday. Along Oak Street they stop by a local gourmet shop or bakery to pick up something to have with dinner, and then turn onto First Street to pick up their dry cleaning before heading home.

After the sun sets and the air cools, Downtown is again transformed into the gathering place for meals, entertainment and cultural activities. The sidewalks are beautifully lit with the warm glow of street and tree lights. The steady hum of social chatter can be heard at many of the busy restaurants and faint melodies of jazz standards emanate from within a local brew pub. Friends and families large and small cue in front of the Brentwood Theater to catch an evening showing of a first run film or carry blankets out to City Park for a free musical concert under the stars. Performers and attendees gather in anticipation of the night’s performance in the Community Playhouse. Throughout the Downtown Core, families and couples stroll in the evening air taking in the sights and sounds of the community’s most cherished environment. Ice cream shops, bookstores, and some art galleries stay open late to welcome the community into their doors.

2. Include in Introduction, Section i.1 Applicability, page 7, add new Section i.1.4 to include the statement of relationship to General Plan as follows:
The General Plan will be amended concurrently with the adoption of the Downtown Specific to ensure the Specific Plan is consistent with the City’s 2001 General Plan Goal 3: Economic Vitality, Policy 3.1 Downtown Focus to maintain the Downtown as the community’s dominant commercial, civic and cultural center through the following:

Action Program

3.1.1 High Activity Uses: Retain and encourage an intensification of retail, office and entertainment uses in the Downtown. Direct the City’s office, civic, and cultural uses to locate Downtown and emphasize the integration of these high activity uses.

3.1.2 Specific Planning Area: Designate Downtown as a Specific Planning Area to strengthen the downtown as a destination point, provide special planning attention to the city core and ensure that development occurs according to design guidelines and land use standards.

3.1.3 Urban Design Framework: Create an urban design framework to strengthen the physical form of Brentwood’s Downtown.

3.1.4 Destination Point: Promote Downtown Brentwood as a destination point for City residents and visitors to the City.

3.1.5 Streetscape, Landscaping and Design: Create streetscape, landscaping and design standards that will help enhance the character and create a sense of identity for the Downtown.

3.1.7 Redevelopment Plan: Implement the Redevelopment Plan in order to achieve its revitalization objectives for the Downtown.

3. Add to “Applicability”, Page 7, paragraph i.1.3, after “. . . this document shall apply.”: For land use and development regulations not addressed in this Specific Plan, the relevant sections of the Brentwood Municipal Code shall apply.

4. Page 13, first paragraph, second sentence under “Opportunity Sites”, delete the word “adjacent” and replace with “following.”

5. “Historic” buildings, page 16: re-label “Landmark” buildings.

6. Page 23, 2nd column, third paragraph: replace “tailroad” with “railroad.”

7. Change on the Envisioned Town Pattern – Short Term Map, Page 24, the Envisioned Town Pattern – Long Term Map, Page 25 and the Envisioned Town Pattern – End State Map, Page 26, the location of the Downtown Transit station and parking lot from the shown location at the corner of Oak Street and Brentwood Boulevard to the new location at the corner of Dainty Avenue and Walnut Avenue (the current Bart Park and Ride site) and at 1000 Central Boulevard.

8. Page 27, 1.3.3 Envisioned Stages of Growth and Change, subparagraph (a), second paragraph, revise as follows: “Building on Downtown’s assets, change begins within the Downtown Core. A significant new entertainment or retail anchor is located on parcels along Second Street adjacent to City Park.

9. Page 27, 1.3.3., Envisioned Stages of Growth and Change, subparagraph (a), third paragraph, revise as follows: “In addition to breaking ground on City Hall, and the new entertainment or retail anchor, plans . . .”

10. Page 27, 1.3.3 Envisioned Stages of Growth and Change, Subsection (b), delete the last sentence of the second paragraph as follows:

“In addition to the “Envisioned Town Pattern Scenario” masterplans, this Plan’s appendix contains concepts diagrams depicting alternative methods for locating a rail station within Downtown.”

11. Page 27, 2nd column, first paragraph: Delete sentence “At the western terminus of Oak Street . . .” and move to (b) Long-Term Envisioned Change.

12. Page 28, 1.4 Development Strategy, 1.4.1 Perspective, first paragraph, revise as follows: The City’s greatest chance to initiate and sustain the envisioned transformation is to utilize all of its powers to target and recruit a significant entertainment or retail anchor. The most appropriate type of anchor to fulfill the community’s vision is a multiplex movie theater showing first-run films. The community wants a new theater Downtown and has taken significant steps to freeze development of this kind anywhere else within the City limits in anticipation of this Plan’s strategy pinpointing Downtown as the most desirable district in which to locate this type of development.

13. Page 28, 1.4 Development Strategy, 1.4.1 Perspective, second paragraph, revise as follows: A new entertainment or retail anchor in a Downtown Core location where it is contiguous with retail development will be an excellent catalyst for Downtown transformation.

14. Page 30, 1.4.5 Perspective, revise as follows: To manifest these preferences as new development begins in earnest, the City shall protect the past, enhance the present and direct the future by building in The Brentwood Way in a way that results in the continuity of the valued character of the Downtown Brentwood.

15. Page 30, 1.4.5 Strategies, subparagraph (b), revise as follows: Continue to participate in design review of proposed buildings within Downtown, paying special attention to carry out the community’s vision for a future Downtown built in the Brentwood Way.

16. Page 33, delete Section 2.1.1 Applicability” in its entirety and replace with:

2.1.1 Applicability

1.) The policies contained within this section shall apply only to new construction and/or significant additions or renovations to existing structures as long as no changes to the existing land uses or structures are made. Nothing contained in this section shall require any change in any existing building or structure for which a building permit has been previously issued.

2.) The approving body of the entitlement being requested may permit minor deviations from the Specific Plan provisions as part of its approval of a particular development application without requiring an amendment to the Specific Plan, provided that the project is consistent with the stated intent of the Specific Plan and the City’s General Plan. More substantive amendments to Specific Plan provisions may be requested by an applicant or property owner or may be initiated by the City. Substantive Specific Plan amendments shall be processed in accordance with City ordinances, and all such amendments will be presented for City Council review at a public hearing. The process for amending the Specific Plan is similar to that of a General Plan amendment. The Community Development Director shall make the determination whether a proposed change is a minor deviation or a substantive Specific Plan amendment.

3.) Development regulations established in this Plan are of two types: Development Standards and Design Guidelines.

a. Development Standards address those aspects of development that are essential to achieve the goals of the Specific Plan. They include specifications for site development and building design, such as permitted land uses, building height, and setbacks. Conformance with Development Standards is mandatory. Such provisions are indicated by use of the words “shall,” “must,” or “is/is not permitted.”

b. Design Guidelines provide guidance for new development in terms of aesthetics and other considerations such as district character or design details. They are intended to direct building and site design in a way that results in the continuity of the valued character of Downtown Brentwood. Whereas conformance with the Development Standards is mandatory, conformance with Design Guidelines is preferred. Provisions that fall into this category are indicated by the words “should,” “may” or “are encouraged to.” In various cases, Design Guidelines provide a choice of treatments that will achieve the desired effect. Although direct conformance with the Design Guidelines is the surest route to swift approval, developers are permitted to propose alternative design details if they are able to show that such details implement the overall Plan objectives with respect to the desired character of the Downtown district.

4) Existing Legal Nonconforming Buildings and Structures as of the date of Specific Plan Adoption.

a. Normal and routine maintenance of any existing building and structure for the purpose of preserving its existing condition, retarding or eliminating wear and tear or physical depreciation, or complying with the requirements of law, shall be permitted.

b. Exterior improvements and renovations and/or structural additions to existing buildings that increase non-conformities are not permitted, except as specified below:

1. Building additions greater than 5% of the gross floor area of an existing building shall only be permitted for a conforming use and shall be designed to bring the building into compliance with the policies of the Specific Plan.

2. Significant exterior alterations or change in exterior façade or architectural design shall be permitted only if the proposed change brings the building into compliance with the intent of the Specific Plan.

3. Building additions less than 5% of the gross floor area of an existing building and minor exterior changes using materials similar to the existing building materials shall be permitted but shall be designed so as to not increase the nonconformity to the intent of the Specific Plan.

4. A residential structure used for a residential land use shall be permitted to add non-conditioned accessory structures and outdoor amenities consistent with the setbacks for the current District Zone.

5) Existing Legal Nonconforming Land Uses as of the date of Specific Plan Adoption

a. A nonconforming use is a use which existed legally under the provisions of its zoning classification prior to the effective date of the Downtown Specific Plan which rendered such use not in conformance. A nonconforming land use existing as of the effective date of the Downtown Specific Plan may be continued.

b. Change. Except as provided herein, a nonconforming use shall not be changed to or replaced by any use except a conforming use. A nonconforming land use may be changed to or replaced by another nonconforming use when all of the following criteria are met:

1. The change or replacement does not increase the extent or intensity of the nonconformity or the site area or floor area occupied by the nonconforming use on the site, except as may be provided by Section 2.1.1.4

2. The change or replacement is consistent with the intent of the Specific Plan.

3. The use is permitted in the Main Street Retail use category.

4. The change or replacement of nonconforming use to or by another nonconforming use shall be permitted only if the building or portion of a building, presently occupied by the nonconforming use is not reasonably capable of conversion to accommodate use and occupancy by a conforming use, without substantial reconstruction or remodeling as determined by the Chief Building Official.

5. A nonconforming use which is changed to or replaced by a conforming use shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a nonconforming to conforming use, shall not thereafter be used except to accommodate a conforming use.

6) Discontinuance. Any site that experiences a period of temporary vacancy for a period of six months or longer, or a use that is discontinued or otherwise ceases operations and use of the site for a period of six months or longer, shall not be resumed, reestablished or continued and all subsequent use of such site shall conform to the Development Regulations in this Plan. Additionally, all signage associated with the discontinued, nonconforming use shall be removed after one year of cessation of the use.

7) Expansion. A nonconforming land use which occupies a portion of a building, may be expanded to include additional floor area within the same building provided that:

a. Without substantial remodeling or reconstruction, the portion of the building into which expansion is proposed is not reasonably susceptible to use or occupancy by a conforming use, which determination shall be made by the Chief Building Official who shall take into consideration whether any required remodeling or reconstruction would involve structural alterations.

b. Office uses shall not be permitted to expand into the Retail Required Zone.

8) All new residential units in the Downtown Specific Plan District are exempt from the City’s Residential Growth Management Program. However, these units shall be subtracted from the annual allocations.

17. Page 34, 2) Land Use Consistency-Zoning Certificate, first paragraph, delete word: Zoning Clearance Certificate.

18. Page 34, add title before fourth paragraph “In order to approve a conditional use permit . . .”: 3) Conditional Use Permit.

19. Page 34, renumber subsequent paragraph: 3) 4) Design Review Process.

20. Page 34, last column, 2nd paragraph: delete underlines “Disposition and Development Agreement”.

21. Page 35, 2.2.1 District Zones, delete the last three paragraphs starting “There are two hatched areas . . .”

22. Amend the Downtown District Zones Map, Page 37 by changing the three parcels located on Chestnut Street, between Midway Alley and Diablo Alley from Residential Neighborhood Zone (Yellow Color) to Downtown Core Zone (Red Color with Black hash marks) and add the requirement that these three parcels are required to have a 5 foot minimum side yard setback and a maximum height limit of 2 stories/30 feet.

23. Eliminate the most easterly “required street” from Downtown District Zone Map on Page 37. Shown in gray dashes intersecting with Indiana Avenue. Eliminate same street on New Streets Map on Page 49.

24. Amend the Downtown District Map, Page 37, by changing the two parcels located at the corner of Oak Street and Third Street from Residential Neighborhood District (yellow in color) to Civic Core District (blue in color).

25. Page 37, Downtown District Zones Map. Expand the Specific Plan Area Boundary to include the blue hashed color Civic Core Influence Area as blue Civic Core District and the light purple hashed color Downtown Boulevard Expansion Area as purple Downtown Boulevard Core District.

26. Page 38, under 2.2.2 Use Categories, Section 1 Retail, subsection iii a, add a second sentence as follows “ If alcoholic beverages are served after 10:00 pm a Conditional Use Permit shall be required.”

27. Page 38, under2.2.2 Use Categories, Section 1 Retail, subsection 2, create a new subsection ii which states “If alcoholic beverages are served after 10:00 pm a Conditional Use Permit shall be required.” Change the old subsection ii to subsection iii and the old subsection iii to subsection iv.

28. Page 38, under 2.2.2 Use Categories, Section 1 Retail, subsection viii, eliminate the wording “Health and exercise clubs – upper floor only” and under Section 2 The Following Conditional Uses are permitted upon granting of a Conditional Use Permit, subsection iii, eliminate the wording “on ground level” and insert “upper floor only”.

29. Add to Main Street Retail, Page 38, Section 1: subsection x) Permitted maximum size of 30,000 square feet per building.

30. Page 39, c) Commercial Corridor, iii): the word “fast food” shall be deleted and replaced with the word “restaurant.”

31. Page 39, Section d Corner Store Retail, subsection 1i, remove “One Corner Store/Corner Store Retail Cluster” and add “Up to a maximum of three (3) Corner Store Retail Clusters” and after the word “permitted” remove “for every net new 50 D. U. of development.”

32. Page 39, Corner Store Retail: add definitions for “food sales”, e.g., delicatessens, bakeries, butchers, no drive-thru, etc.

33. Page 40, 2.2.3 Height, Add: The height for a Parking Garage may exceed the maximum height allowable as permitted by District Zones subject to review and approval of the Planning Commission at the time of project approval.

34. Page 48, 2.3.1 (1) (a), replace “perminently” with “permanently.”

35. Revise “Common open space”, Page 48, third column as follows: Required common open space shall not may include required setback areas or and shall not include parking areas.

36. Revise “3) Access”, Page 52, second column as follows: The maximum width of driveway/curb cuts is 12 10 feet for a one-lane and 30 20 feet for a two-lane driveway.

37. Revise parking requirements, page 52, chart on top of page:
a. Main Street Retail parking to 1 space/250 sf.
1. Entertainment and Recreation parking (Use the Average Peak Period Parking Demand from the ITE Parking Generation Guidelines.)
2. Restaurants, Bars and Nightclubs parking to 1 space per 100 sq. ft.
c. Commercial Corridor Retail to 1 space/250 sf.
1. Restaurant parking to 1 space per 100 sq. ft.
5a. Upper Floor Residential minimum parking requirements to 1 space per bedroom with a min. of 2 spaces per unit.
5b. Live-work minimum parking requirements to 1 space per bedroom with a min. of 2 spaces per unit.
5c. Stacked Flats minimum parking requirements to 1 space per bedroom with a min. of 2 spaces per unit.
5d. Attached Single-Family Dwelling minimum parking requirements to 1 space per bedroom with a min. of 2 spaces per unit.
5e. Detached Single-Family Dwelling minimum parking requirements to 1 space per bedroom with a minimum of 2 spaces per unit.
Add a note to the bottom of the chart: The number of on-site parking spaces for residential uses may be reduced for senior housing or other special circumstances at the discretion of the Planning Commission at the time of initial review of the proposed project. Residential parking shall be constructed at the time of construction of the units and in-lieu parking fees shall not allowed in place of the actual construction of parking spaces for residential uses.
Eliminate the “Shared Parking Reduction” column form the Parking Requirement Chart.
Bottom of Page 52 under Section 2.4.2 Parking Standards, 1) Provision, subsection 1) change the word “below” at the end of the first sentence to “above”.

38. Add text to Book 2, Development Regulations, Parking Standards and Guidelines, Paragraph 2.4, page 52: City’s intent is to reduce and/or eliminate surface parking lots in the Downtown Core and Downtown General Areas (as both are defined in Section 2.2.1) in favor of structured parking, and encourages the development and re-use of vacant and under-utilized lots to full, allowable uses as described in the Specific Plan. The construction of a parking structure in the Downtown would offset the need for additional surface parking.

39. Add text to Book 2, Development Regulations, Page 52, Parking Standards and Guidelines, Section 2.4.2 1) Provision, new paragraph: 3) All new development shall provide either on-site parking or pay the in-lieu parking fee based upon the use. The determination of whether a project provides on-site parking or pays the in-lieu fee for new buildings or building additions would be determined as part of the project review by the approving body. If on-site parking is provided, the project would be required to provide the minimum number of spaces based on the gross floor area and approved parking demand. and would not be permitted to provide excess parking. Additionally, all new non-residential on-site lots would be required to be approved for use by the general public and internal connections be provided to link to other adjacent surface parking lots, including existing parking lots on properties for which a building addition is requested, with the goal that these parking lots have efficient circulation and layout so as to maximize parking in the Downtown Area. Also, it should be noted that in-lieu fees for new buildings and additions would be calculated on the proposed use of the structure. In the event that the use is changed within three years of the date of occupancy of the new structure/ addition to a use with a higher parking demand, the developer would be required to pay the in-lieu fee for the additional parking spaces. After the initial three years, the use could be changed to a more parking-intensive use and the developer would not be required to pay any additional in-lieu fees. No fees shall be returned in the event that a less parking-intensive use occupies a new structure/ addition within the first three years of occupancy than the initial use for which in-lieu fees were calculated due to the fact that these monies are a key component in the planning and construction of Specific Plan-wide parking facilities.

40. Page 52, under Section 2) Location, subsection 1, after the second sentence add “In lieu Parking fees shall be paid at the time of issuance of any City permit.”

41. Page 52, add to Chapter 2.4.2.7) Parking Lots: “Avoid landscaping that obstructs signage and lines of sight”.

42. Page 66, delete Section 2.5.3 Architectural Elements, 1) Commercial Mixed Use and Civic Building Type Elements, a) Façade Elements, 3) Façade Composition, subparagraphs (d), (d)(1), and (d)(2), and replace with the following:
(d) Covered outdoor awnings and arcades at facades are encouraged to protect pedestrians from summer heat and winter rain. These items should be located above the display windows and below the storefront cornice or sign panel. Awnings should be retained and/or incorporated where feasible and compatible with the storefront. For Trellises, Marquees, and Architectural Canopies; materials, colors, and form should be derived from the building architecture, i.e. a trellis painted the same color as a building’s trim scheme is appropriate.
1. Storefront Awnings:
a. Design:
1. Awning shape should relate to the window or door opening. Barrel-shaped awnings should be used to complement arched windows while square awnings should be used on rectangular window. The awning design should respond to the scale, proportion and rhythm created by the bay elements and fit into the space created by the bay.
2. Awnings can be either fixed or retractable.
3. The materials and color of awnings need to be carefully chosen. The use of second floor awnings shall be coordinated with lower storefront awnings.
4. Canvas is the most appropriate material for awnings. Metal, plastic (vinyl), or other glossy materials are not appropriate. Fabric awnings supported by a metal structural frame are acceptable. Alternatively, permanent architectural awnings utilizing decorative metalwork and/or materials from the building’s architecture are acceptable.
5. Visible structural support components of awnings (i.e. seen from a horizontal view) such as frames, brackets, cables, etc. should be decoratively treated or otherwise architecturally finished to complement the architecture of the storefront and building.
b. Horizontal length and subdivision:
1. Awnings should be functional and at least four (4) feet wide. The horizontal width of an awning should be matched to the horizontal width of the individual storefront opening or window opening to which it is applied.
2. Awnings should not cover up intermediate piers, pilasters, or other vertical architectural features.
3. A single building face with multiple tenants should use consistent awning design and color on each building floor, unless the building architecture differentiates the separate tenancies; a single continuous run-on awning should not be used as it obscures these important features of the facade.
4. Where the facade of a commercial building is divided into distinct bays (sections defined by vertical architectural elements such as masonry piers), awnings should be placed within the vertical elements rather than overlapping them.
c. Illumination: Internal illumination of fabric awnings that backlights the volume of the awning and/or backlights sign letterings or logos on the awning shall not be used. Translucent awning fabrics shall not be used in order to utilize lighting from interior nor exterior luminaries to create an internally illuminated appearance. Wall mounted down-lighting and sidewalk area lighting may be used below awnings and is encouraged.
d. Awning-mounted signage: see Section 2.5.5 – Signage Standards & Guidelines.

43. Page 67, Section 2 Glazing, Subsection b2, modify to “Clear glass shall be used for retail storefront windows.”

44. Add a new section on page 73 for signage:
2.5.5. Signage Standards & Guidelines
All permanent signs shall be subject to Administrative Design Review. Sign content shall be limited to the identification of the building, site, business name or to the goods and services offered on-site. Off-site advertising is not permitted.
1) General signage design guidelines:
a) Sign design should be appropriate to the establishment, conveying a sense of what “type” of business is being advertised. Sign design should be appropriate to the business establishment served, building architecture, and Plan Area in which it is located.
b) The location of all permanent signs should be incorporated into the architectural design of the building. Placement of signs should be considered part of overall façade design – locations should be carefully considered, and align with major architectural features.
c) Storefront signage: Signage can help to create architectural variety from storefront to storefront. At multi-tenant buildings, signage should be used in combination with individual storefront design and façade increments to create interest and variety.
d) Wall Signs - Where individual letters are used, letters should be three dimensional, created by raised letter forms mounted to the building façade or sign panel, or by incised openings cut-out from the sign panel. Painted letters may also be used. Painted wall signs shall present a neat and aligned appearance. The services of a professional sign painter are strongly recommended.
e) Projecting Signs and Hanging Signs - Structural supports should be designed so that their visual appearance is minimized, and/or coordinated with the overall architecture and color scheme of the storefront. They should not appear to be “tacked on” without regard for the alignments, proportions, colors, and forms of their adjacent buildings and signs. Sign fonts should be selected to provide both visual clarity and artistic expression.
f) Window Signs - Painted window signs should present a neat and aligned appearance. The services of a professional sign painter are strongly recommended. For signs identifying hours of operation, menus, newspaper reviews and other customer information, it is recommended that these be framed and/or board-mounted for a finished appearance.
2) Materials:
Standards:
a) Paper and light-weight cloth are not permitted materials for permanent signs.
b) Fabric awning signs shall be made of lettering applied or silk-screened to canvas or nylon awning materials by a professional fabricator. Simple color schemes are recommended for legibility, e.g. white letters on dark awning material. Materials should be selected for their resistance to fading, either from sun exposure or cleaning. A program of regular cleaning for awnings is recommended.
c) The use of adhesive or painted on lettering and graphics is prohibited, except for where applied to interior window surfaces and other interior signage.
d) For projecting signs and hanging signs, all exposed edges must be finished (e.g. no exposed plywood edges).
Guidelines:
a) Signs should be constructed and installed utilizing the services of a professional sign fabricator.
b) Signs should be made of high-quality materials such as metal, stone, wood, ceramic, brass-plate and gold leaf, etc. Synthetic materials may be utilized if they are designed to resemble natural materials and/or enhance the architecture of the building and provide a unique character to the storefront. The use of plastic panels is discouraged as they have a low-quality appearance.
c) Silhouette or figurative signs should be constructed of three-dimensional letters, symbols, and/or ornamental figures made of high quality materials.
3) Lighting:
Standards:
a) Signage shall be externally illuminated; with the exception of neon (see below).Internally illuminated can signs are not permitted.
b) Neon signs are permitted for use in retail shopfront display windows (see widow display standards, above). Small-scale artistic neon signs may also be used as part of projecting signs (see projecting sign standards, above) that are attached to retail shopfronts.
c) Permitted external light sources include incandescent, halogen, compact fluorescent and metal halide.
d) Light sources that are not permitted include high pressure sodium, low pressure sodium, and billboard-style long tube fluorescent uplighting or down lighting of signs.
e) Light sources shall be shielded to block glare from pedestrians, and residential areas and public rights-of-way.
Guidelines:
a) Signs that are backlit with lighting washing onto surfaces behind projecting solid or cut-out lettering are recommended, creating a silhouette or “halo” effect.
b) Signs that are front-lit from above or below with single or multiple spotlights are recommended.
c) Individual pan channel letter signs may be edge lit.
d) Non-electric signs illuminated by an exterior light source are recommended.
4) Sign Color Guidelines:
a) Contrasting colors should be used between the color of the background and the letters or symbols to make the sign easier to read. Light letters on a dark background or dark letters on a light background are most legible.
b) Colors or color combinations that interfere with the legibility of the sign copy should be avoided. Too many colors can confuse the legibility of a sign.
c) Fluorescent colors may be used in limited circumstances if designed in conjunction with and ancillary to other types of signs
5) Permitted signs for in all Downtown District Areas for:
a) Converted Single-family Residential Structures into Non-Residential Uses:
1. One of the following per building:
(a) Plaque wall-mounted signs not to exceed nine (9) square feet wall mounted on wood or metal panel, or
(b) Projecting signs – not to exceed six square feet. Permitted materials include wood or metal for sign panel, design metal brackets or chains for support.
2. One of the following types are permitted in addition to a plaque wall-mounted or projecting sign per building:
(a) Monument signs up to ten (10) square feet (supporting structure not included in calculation). Height not to exceed four (4) feet. Permitted materials include wood or materials to match building.
(b) Free-standing sign up to nine (9) square feet. Height not to exceed seven (7) feet. Permitted materials include wood for supports and wood or metal for sign panel.
3. Maximum letter height eight (8) inches for all types. Shielded external illumination only.
b) Other Existing Legal Non-conforming Structures – Except for sign copy replacement, all changes to signage for existing legal non-conforming structures shall be reviewed on a case-by-case basis with the intent to obtain high-quality signage appropriate for the unique character of the Downtown Specific Plan Area. All free-standing monument signs shall be limited to a maximum height of five (5) feet. No new internally-illuminated, building-mounted individual channel letters or large, plastic-faced sign cabinets shall be permitted.
c) Temporary signs:
1. Temporary window signs for all businesses may be displayed and maintained for not more than thirty (30) days at a time, and may not occupy more than twenty five percent (25%) of the total window area of a business. Special event flyers may be erected on private property up to two (2) weeks in advance of the event being promoted and must be removed within forty eight (48) hours following the conclusion of the event.
2. Temporary banners on the outside of buildings advertising the grand opening of a new business shall be permitted for a maximum period of thirty (30) days after initial occupancy by the business. Banners shall not exceed two feet by ten feet (2’ x 10’) in size, and must conform to all relevant provisions of the City of Brentwood Zoning Ordinance.
6) Permitted signs for buildings in the Downtown Core, Downtown General, Civic Core, and Downtown Boulevard District Zones:
a) Flush-Mounted Wall Signs - a maximum of one per building façade on which there is a pedestrian entrance, not to exceed eighteen (18) inches in height. Only external illumination with exception of decorative exposed neon letter is permitted. Flush-Mounted Signs shall be located within the sign band (the façade area designed to include signage above the storefront) , or on other usable wall area of the tenant storefront where ornamental elements, such as moldings, pilasters, arches, clerestory windows, roof eaves, or cornice lines shall be used as “frames” for the signs. Signage shall not overlap, obscure, or hide architectural features such as pilasters, cornices or other trim.
b) Projecting Signs, i.e. blade signs projecting perpendicular to primary building façade – a maximum of one per business along street frontage, not to exceed ten (10) square feet in sign area. The sign may project up to five (5) feet from the primary building façade, and may encroach into the public right-of-way with a minimum 2 ft. distance behind the curb. Projecting signs must provide a minimum eight foot clearance above the sidewalk. Projecting signs must provide a minimum eight (8) foot clearance above the sidewalk, and may not be placed above the first floor. Permitted materials are wood, metal, and fabric with top and bottom supports. Plastic and internally illuminated box signs are not permitted.
c) Awning signs: Awning signs shall be limited to business names, business logos, services (eg. French Cuisine) and address.
1. A maximum of one sign per awning, limited to lettering applied to the awning valance. Sign copy shall consist of no more than one line of lettering not to exceed 2/3 height of vertical valance height or exceed twelve (12) inches in height, whichever is less.
2. Business logos or graphics suitable to the business shall be placed on the sloped face of awnings but shall not exceed 20% of the sloped surface area.
d) Window signs – maximum letter size is twelve (12) inches placed within boundaries of the glazed portion of the shopfront window, and limited to a maximum of twenty-five (25) percent of each single window area with no more than 15% of the aggregate frontage window area. On doors and door transoms, only addresses and business names shall be permitted. Permitted materials include individual vinyl letters, professionally painted individual letters and designs, gold leaf individual letters, and designs, neon tubing mounted on clear backing material. Window signs shall not be placed in a manner which obscures primary views into and out from the storefront.
e) Menu Displays – menu displays, either free-standing or building-mounted shall be permitted close to the entrances of restaurant shopfronts during business hours. Freestanding menu displays shall be unique, creative designs, not to exceed a thirty-six inch by eighteen inch (36” x 18”) area. Freestanding menu displays shall be removed from the sidewalk by the close of business each day and shall not be attached in any way to items and areas including, but not limited to, the sidewalk, trees, utility poles, etc.
7) Permitted signs for buildings in the Western Gateway Neighborhood and Residential Neighborhood District Zones:
a) An address number no more than six (6) inches tall shall be attached to the building.
b) Projecting Signs, i.e. blade signs projecting perpendicular to building façade – one per business, not to exceed four (4) square feet in sign area. Projecting signs must provide a minimum eight (8) foot clearance above the sidewalk, and may not be placed above the first floor. All signs shall maintain a minimum distance of 2 ft. from the back edge of the curb.
c) Where retail shopfronts are permitted within these District Zones, the following signs are permitted:
1. Flush-Mounted Wall Signs – maximum letter height of eighteen (18) inches. Only shielded external illumination is permitted. One per building, not to exceed 3 foot in height; shall not project more than one foot from the face of the building to the font of the sign. Flush-Mounted Signs shall be located within the sign band (the façade area designed to include signage above the storefront) , or on other usable wall area of the tenant storefront where ornamental elements, such as moldings, pilasters, arches, roof eaves, or cornice lines shall be used as “frames” for the signs. Signage shall not overlap, obscure, or hide architectural features such as pilasters, cornices or other trim.
2. Projecting Signs, i.e. blade signs projecting perpendicular to building façade – where shopfronts are permitted, not to exceed four (4) square feet in sign area, one per business along street frontage. Projecting signs must provide a minimum eight (8) foot clearance above the sidewalk. Permitted materials are wood, metal, and fabric with top and bottom supports. Plastic and internally illuminated box signs are not permitted.
3. Awning Signs – Awning sign content shall be limited to business names, business logos and services (eg. French Cuisine) and address. One sign per awning - limited to lettering applied to awning valance. Sign copy (letters and graphics) on awnings shall be limited to the awning valance and shall consist of no more than one line of lettering not to exceed 2/3 of vertical valance or twelve (12) inches in height, whichever is less.
4. One display window sign not to exceed twelve (12) inches in height - placed within boundaries of shopfront window area, and limited to a maximum of twenty-five (25) percent of each single window area with no more than 15% of the aggregate frontage of window area. On doors and door transoms, only addresses and business names shall be permitted. Permitted materials include individual vinyl letters, professionally painted individual letters and designs, gold leaf individual letters, and designs, neon tubing mounted on clear backing material. Window signs shall not be placed in a manner which obscures primary views into and out from the storefront.
d) For permitted corner store retail shopfronts:
1. Flush-Mounted Wall Signs - a maximum of one per building is permitted, not to exceed eighteen (18) inches in height; shall not project more than one foot from the face of the building to the font of the sign. Only external illumination with exception of decorative exposed neon letter is permitted. Flush-Mounted Signs shall be located within the sign band (the façade area designed to include signage above the storefront), or on other usable wall area of the tenant storefront where ornamental elements, such as moldings, pilasters, arches, clerestory windows, roof eaves, or cornice lines shall be used as “frames” for the signs. Signage shall not overlap, obscure, or hide architectural features such as pilasters, cornices or other trim.
2. Projecting Signs, i.e. blade signs projecting perpendicular to building façade – one per shopfront, not to exceed four (4) square feet in sign area. Projecting signs must provide a minimum eight (8) foot clearance above the sidewalk, may not be placed above the first floor, and shall be a minimum 2 ft. behind the edge of curb.
3. One display window sign - placed within boundaries of shopfront window area, and limited to a maximum of thirty-five (35) percent of the display window area. Window signs shall not be placed in a manner which obscures primary views into and out from the storefront.
8) Prohibited signage throughout the Downtown Specific Plan area:
a. Internally illuminated panel (“can”) signs.
b. Roof signs (erected upon or extending above any part of a roof or parapet of a building).
c. Free Standing Signs, including Pole-Mounted Signs, Monument Signs and A-Frame Signs such as menu and sandwich boards for restaurants, except as permitted in previous sections
d. Exposed raceways.
e. Signs that use blinking or flashing lights.
f. Exempt signs: signs exempted pursuant to the City of Brentwood Zoning Code.

45. Page 85, 3.21. Civic Buildings, first paragraph, revise as follows: The character of new public and quasi-public buildings will set the tone for new private investment and communicate the City’s commitment to building in the Brentwood Way revitalizing, enhancing and preserving the Downtown.

46. Page 87, Downtown Street Types, Civic Core Street – A cross section, Eastern Gateway cross section and Oak Street Extension cross section. Eliminate the center median as shown on all three cross sections and increase the sidewalk and/or the side planting area by the width of the center median.

47. Page 87, Downtown Street Types, Civic Core – B cross section. Add back into the cross section an eighteen foot wide angled parking strip along the Park frontage.

48. Page 89, 3.3.2 Downtown City Park, last paragraph, revise as follows: An illustration of proposed modifications to City Park as supplied by the City’s Landscape Architecture consultant appears in the Plan’s Appendix.

49. Page 89, revisions to paragraphs a), b), and d) to be consistent with changes made to cross-section graphics on Page 87:
a) 1) . . . . strategic use of street trees, planted medians planting strips and ornamental streetlights will . . . . Between Maple and Oak Streets, providing a gracious setting by installing planting strips, and reconfiguring the roadway section . . . .
b) 1) The City will repair this entry corridor by removing the center ‘turn lane’ and introduce angled parking, investing in a streetscape design that marks the entry into a unique, special and quaint district by adding decorative street lights, new street trees, tree lights, clock towers, street furniture and planters and street lights, in order to slow vehicular speeds, and create a comfortable pedestrian environment, and provide convenient parking supportive of envisioned development.
d) 1) . . . . automobile thoroughfare, the City will add planting strips and a planted median and invest in a streetscape design appropriate for downtown boulevard.

50. Add in Book 3, City Actions, Traffic Circulation, page 90: City shall post truck routes to provide efficient movement of goods and restrict trucks from entering the Downtown via Neighborhood Streets (as defined in Specific Plan).

51. On Page 90, Section 3.6 Public Transit Facilities, mid paragraph starting with “Two potential sites……..” revise as follows:
“Two One potential sites to be studied are is within the Downtown Specific Plan Area: (1) the general area of Oak Street and Walnut Boulevard intersection and (2) the 1000 Central Boulevard property and the adjacent, current BART park and ride lot currently served by Tri-Delta Transit and the adjacent property at 1000 Central Boulevard. A third second potential site that will be included in the study is situated just outside and north of the Downtown Specific Plan Area in Special Planning Area B located west of O’Hara Avenue and south of Sand Creek Road.
Within t The plan’s Appendix Long Term and End State Envisioned Town Patterns are illustrations depicting two a possible ways of planning for an e-BART station to be located within the Downtown District. Based on the SR4 East Corridor Transit Study Summary Report published by BART in 2002, these the concept alternatives are is based on a planned associated parking demand of 450 spaces.”

52. Page 91, delete Section 3.81. Motion Pictures Theaters or Cinema in its entirety.

53. Eliminate Pages 106 and 107 relating to the Downtown e-Bart Station locations: Alternative A and B.

54. Page 113, replace “Chuck Collondrez” as Vice President of Redevelopment Project Area Committee with “Ronald Reagan”. Delete “Ronald Reagan” after “Manuel Vilchez”.
ORDINANCE NO. 818

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REZONING (RZ 05-18) ROUGHLY 55 ACRES OF PROPERTIES WITHIN THE DOWNTOWN SPECIFIC PLAN AREA FROM CENTRAL BUSINESS (CB), THOROUGHFARE COMMERCIAL (C-3), COMMERCIAL/OFFICE/ BUSINESS (COB), COMMERCIAL/OFFICE/RESIDENTIAL (COR), SINGLE FAMILY RESIDENTIAL (R-1-6), MODERATE DENSITY RESIDENTIAL (R-2), HIGH DENSITY RESIDENTIAL (R-3), OPEN SPACE (OS), PLANNED DEVELOPMENT (PD) 37, INDUSTRIAL COMMERCIAL (IC), AND PUBLIC FACILITY (PF) ZONING DESIGNATIONS TO A DOWNTOWN (DT) ZONING DESIGNATION AND REMOVE THE CENTRAL BUSINESS DISTRICT (CB), PD-37, AND INDUSTRIAL/COMMERCIAL (IC) ZONING DESIGNATIONS FROM THE BRENTWOOD MUNICIPAL CODE.

WHEREAS, the City has applied to rezone roughly 55 acres from Central Business (CB), Thoroughfare Commercial (C-3), Commercial/Office/Business (COB), Commercial/Office/ Residential (COR), Single Family Residential (R-1-6), Moderate Density Residential (R-2), High Density Residential (R-3), Open Space (OS), Planned Development (PD) 37, Industrial Commercial (IC) and Public Facility (PF) designations to a Downtown (DT) designation and remove the Central Business District (CB), PD-37, and Industrial Commercial (IC) zoning designations from the Brentwood Municipal Code.; and

WHEREAS, at a duly noticed public hearing on October 4, 2005, this Planning Commission passed Resolution No. 05-63 in which it recommends the City Council certify the Final Environmental Impact Report (FEIR) and adopt a Mitigation Monitoring and Reporting Plan, and;

WHEREAS, on October 4, 2005, the Planning Commission conducted a duly noticed public hearing on the Downtown Specific Plan Project for approval of the General Plan Amendment (GPA 05-05), Rezone Amendment (RZ 05-18), and Downtown Specific Plan (SP 05-01) and reviewed and considered all of the evidence in the record of those proceedings, including the FEIR, the MMRP, and the testimony and exhibits presented during the public hearing.

WHEREAS, a legal notice was advertised, on September 23, 2005, in the Brentwood Press and mailed to property owners of record within 300 feet of the project site pursuant to City policies and Government Code Section 65091; and

WHEREAS, at the public hearing on November 16, 2005, the City Council considered the draft Downtown Specific Plan, the staff report and all public comments.

NOW THEREFORE, be it ordained by the City Council of the City of Brentwood that:

A. The foregoing recitals are true and are incorporated herein by reference.
B. Finds that the proposed rezoning:
1. Is consistent with and implements the intent of the General Plan as amended.

2. Is consistent with and establish clear development standards and uses consistent the General Plan and the Downtown Specific Plan as amended and adopted respectively.

3. Provides standards resulting in development that is consistent and compatible with surrounding uses.

4. Provides for adequate public uses and private open space.

5. Provides adequate roadway infrastructure both existing and planned would be available to serve the proposed uses.

6. Serves the housing needs of the City and the region and would not create a detrimental imbalance between the public service needs of its residents and available fiscal and environmental resources.

7. Clearly results in a more desirable use of land and a better physical environment than would be possible under any single or combination of zones.

8. Is for property which has a suitable relationship to one or more thoroughfares; and that said thoroughfares are adequate to carry any traffic generated by development consistent with the proposed Downtown Specific Plan.

9. In the manner proposed by the City would not be detrimental to the public welfare, would be in the best interests of the City and would be in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s General Plan, as amended, including all relevant elements thereof.

C. The FEIR and the MMRP are adequate for and applicable to all approvals relating to the rezoning.

D. The rezoning of roughly 55 acres from Central Business (CB), Thoroughfare Commercial (C-3), Commercial/Office/Business (COB), Commercial/Office/ Residential (COR), Single Family Residential (R-1-6), Moderate Density Residential (R-2), High Density Residential (R-3), Open Space (OS), Planned Development (PD) 37, Industrial Commercial (IC) and Public Facility (PF) zoning designations to a Downtown (DT) zoning designation.

E. The Central Business District (CB), PD-37, and Industrial Commercial (IC) zoning designations are removed from the Brentwood Municipal Code.

F. The Chapter 17.280 (formerly the CB (Central Business) Zone is renamed to Downtown (DT) Zone and will include the following zoning text:

Chapter 17.280
Downtown (DT) Zone

Downtown Specific Plan

17.280.001 – PURPOSE AND INTENT
17.280.002 – DOWNTOWN SPECIFIC PLAN
17.280.003 - AVAILABILITY

17.280.001 – PURPOSE AND INTENT

The purpose and intent for the adoption of the Downtown (DT) Zone is to encourage new development in the downtown; to carefully consider the impacts of new commercial development on the viability on the downtown, to facilitate the expansion of existing businesses and the attraction of new businesses that will draw additional shoppers to the downtown; to develop a design plan for the downtown to create a feeling of unity and destination so that buildings compliment each other; and to encourage business organizations to sponsor retail events to bring shoppers to the downtown area on a regular basis.

17.280.002 – DOWNTOWN SPECIFIC PLAN

The Downtown Specific Plan establishes the primary means of regulating land use and development within the Specific Plan area. It also establishes the primary means of planning City actions and investments in support of the growth of the Downtown. The regulations contained within the Downtown Specific Plan replace land use and development regulations previously contained within the City of Brentwood’s Zoning Ordinance for this District. In the instance of conflicting regulations with other municipal planning documents containing policies for land use and development in the Downtown Specific Plan area, the Downtown Specific Plan document shall control. The Downtown Specific Plan document does not replace or augment regulations pertaining to issues of building safety codes or other non-planning related codes. All applications for new constructions, substantial modifications to existing buildings, and for changes in land use, shall be reviewed for conformance with the policies contained in the Downtown Specific Plan.

17.280.003 – AVAILABILITY

A copy of the Downtown Specific Plan is on file with the City Clerks Office.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a special meeting of the Brentwood City Council on the 16th day of November 2005 by the following vote:

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