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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: March 14, 2006

Subject/Title: Adopt a Resolution approving a Mitigated Negative Declaration; introduce and waive the first reading of an ordinance for a Rezone (RZ 05-12) amending Planned Development 42 (PD-42), Subarea F, to restrict medical office uses to one building only within the Gregory Ranch Office Condominium project (Design Review 05-15). The project is located at the southeast corner of Business Center Drive and Technology Way.

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
The Planning Commission and staff recommend that the City Council adopt a Resolution approving a Mitigated Negative Declaration; introduce and waive the first reading of an ordinance approving a zoning amendment to Planned Development 42, Subarea F, to restrict medical office uses to only one of the proposed two new buildings (Building A of Design Review 05-15) for the Gregory Ranch Office Condominium project in order to be consistent with the proposed parking provided for the project.

PREVIOUS ACTION
Planned Development 42 was approved by the City Council on October 12, 1999, and subsequently amended four times to add development standards for several subareas within this zoning designation.

BACKGROUND
At the February 21, 2006, Planning Commission meeting, the Commission unanimously approved an approximately 37,776 sq. ft. office project by C and L Land Development in the Sand Creek Business Park area. The project is comprised of two buildings and would be subdivided into individual “for-sale” tenant spaces. The Commission approved the design review for two office condominium buildings and a parcel map for the condominium subdivision map.

PROJECT DESCRIPTION
The proposed rezone would amend the permitted uses in Subarea F of PD-67 to allow medical office and laboratory uses to locate only in Building A in this proposed office complex, Gregory Ranch Office Condominiums.

ANALYSIS
The permitted uses for this zone would allow for a mix of uses, including retail, commercial and office uses. The permitted uses in this subarea allow for medical office, as well as a number of additional office and retail uses. Medical office uses are more parking intensive as patrons tend to stay at the facility longer than commercial or general office uses. The City’s Municipal Code requires medical office uses to be parked at the higher ratio of 1 space per 200 square feet or 5 spaces per doctor, whichever is greater. Therefore, the applicant has provided additional parking within the project to allow medical office uses to locate in all of Building A. However, as additional parking was not provided to serve future medical offices should they locate in Building B, the developer agreed to amend the permitted uses of this subarea to restrict medical office uses only to Building A.

FISCAL IMPACT
There would be no fiscal impact to the City. The project involves only the regulation of use. The tax implication for the restriction of medical office use versus retail/commercial and general office use would be negligible.

Attachments:
1. Resolution approving the Mitigated Negative Declaration for the project
2. Ordinance amending Planned Development 42, Subarea F
3. Site Plan

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE GREGORY RANCH OFFICE CONDOMINIUM PROJECT, LOCATED AT THE SOUTHEAST CORNER OF BUSINESS CENTER DRIVE AND TECHNOLOGY WAY.

WHEREAS, CL Land Investments has requested that the City approve an office condominium project requiring a Mitigated Negative Declaration at the site located at the southeast corner of Business Center Drive and Technology Way; and

WHEREAS, the proposed project information was referred to various public utility companies, public districts and pertinent departments for review and recommendations; and

WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared for this project in accordance with the California Environmental Quality Act (CEQA) and are considered a part of this review and approval process; and

WHEREAS, the Mitigated Negative Declaration identifies less than significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these project measures are included in the project conditions of approval and will ensure that the impacts identified are mitigated to a less than significant level; and

WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on January 27, 2006, and ended on February 15, 2006, and all comments received were responded to and included in the Response to Comments and the resultant Mitigation Monitoring Plan; and

WHEREAS, the Planning Commission of the City of Brentwood considered this Mitigated Negative Declaration and the accompanying Mitigation Monitoring Plan at a public hearing at its regular meeting of February 21, 2006, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties and passed Resolution 06-06 recommending City Council approval; and

WHEREAS, the City Council of the City of Brentwood considered this Mitigated Negative Declaration and the accompanying Mitigation Monitoring Plan at a public hearing at its regular meeting of March 14, 2006, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approves the Mitigated Negative Declaration and accompanying Mitigation Monitoring Plan for the Gregory Ranch Office Condominium project to be located at the southeast corner of Business Center Drive and Technology Way.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE ZONING AMENDMENT (RZ 05-12) TO AMEND CHAPTER 17.493 OF THE BRENTWOOD MUNICPAL CODE FOR PLANNED DEVELOPMENT FORTY-TWO (PD-42) SUBAREA F GENERALLY LOCATED AT THE SOUTHEAST CORNER OF BUSINESS CENTER DRIVE AND TECHNOLOGY WAY.

WHEREAS, CL Land Investments has submitted an application for a zoning amendment to amend Planned Development 42, Subarea F, located south of Technology Way and east of Business Center Drive as shown on the revised Subarea Map within this ordinance; and

WHEREAS, on February 21, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 06-07 which recommended the approval of the zoning amendment for Planned Development 42, Subarea F; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on March 3, 2006, 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 of the City of Brentwood held a public hearing on the proposed zoning amendment on March 14, 2006, for the purpose of reviewing the application, considering the Planning Commission’s action, and considering all comments made by the public with respect to this proposed zoning amendment; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zoning amendment; and

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

A. Hereby finds that:

1. The project is consistent with the existing General Plan land use designation.

2. The project is consistent with the City’s previously expressed intent to adopt development standards prior to or in conjunction with the approval of any specific projects.

3. The project will result in more condominium space to serve the needs of the retail and office users of the Brentwood community.

B. Hereby approves Rezone 05-12 as requested amending Chapter 17.493 of the Brentwood Municipal Code, as reflected below:

1. Revise Section 17.493.002F as follows:

F. Subarea F: The following uses shall be permitted within this subarea:

1. Medical and dental offices and/or laboratories. Within the project identified as Design Review 05-15, Gregory Ranch Office Condominiums, this use is restricted to Building A only.

2. Replace the existing subarea map with the following updated subarea map:
 

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