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CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: March 14, 2006

Subject/Title: Introduce and waive the first reading of an ordinance for a Rezone (RZ 05-13) amending Planned Development 42 (PD-42), Subarea E, to establish development standards for the Sand Creek Retail project (Design Review 05-16) and . The project is located at the southwest corner of Sand Creek Road and Business Center Drive.

Prepared by: Debbie Hill, Associate 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 42, Subarea E, in order to establish development standards and refine uses which will allow the development of the Sand Creek Retail project (Design Review 05-16).

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 January 17, 2006, Planning Commission meeting, the Commission unanimously approved an approximately 8,595 square foot retail/office project by Sand Creek Retail Associates in the Sand Creek Business Park area. The project is comprised of one building intended for leasing to up to 6 individual tenants. The Commission approved the design review for the retail building and recommended the City Council approve the accompanying zoning amendment for the project.

PROJECT DESCRIPTION
The proposed rezone would amend the permitted and conditionally permitted uses within Subarea E and establish development standards for setbacks, minimum lot size, and height for this subarea for the Sand Creek Retail development.

ANALYSIS
The Planned Development already has a list of allowable uses which were created with the initial PD that allows for a wide range of uses. The proposed retail center would be consistent with these permitted uses. Since it is intended that this retail development will serve the needs of the residents and employees of the businesses in the area, staff reviewed the permitted and conditionally permitted uses originally established for this Subarea and has recommended the following changes to the text. It should be noted that the allowable uses were written before any specific use or building was proposed for this site and now that one is proposed, the uses should reflect the proposed retail project. The proposed standards are consistent with other similar developments in the area and have been agreed to by the applicant.

Revise Section 17.493.002.E as follows:

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

1. Medical and dental offices and/or laboratories up to a maximum of 33% of the building’s square footage.

2. Nursery, childcare, and daycare centers.

3. Public and quasi-public uses appropriate with the area. such as electronical institutions, business, technical, vocational, and trade schools.

4. Stock brokerages, mortgage and real estate sales and leasing companies, credit union offices, but not banks and savings and loan companies.

2. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, stock brokerages, mortgage and real estate sales and leasing companies, credit union offices, banks and savings and loan companies, and other professional and general business offices.

3. Commercial uses which manufacturer their primary product on the premises, such as drapery shops, cabinet shops, upholstery shops, and similar uses.

4. Commercial uses or services such as beauty shop, barber shop, photo studio, convenience retail uses or services such as a bakery, pastry shop, book store, candy or ice cream store and shoe repair, apparel and accessory store, and similar shall shops or boutiques.

5. Addressing and mailing service, blueprinting, Photostatting, and/or photocopying services (other than a printer or lithographer), drafting service, messenger service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices.

6. General retail sales excluding uses with outdoor storage or display.

7. Other retail uses subject to the approval of the Community Development Director provided they are not conditionally approved uses or prohibited by this chapter.

Revise Section 17.493.003.E. as follows:

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

1. Sit down restaurants, cafes, delicatessens, and sports bars.

2. On-site sale liquor establishments.

3. Nursery, childcare or day care uses.

4. Business, technical, vocational, and trade schools.

5. Outpatient care facilities

6. Health clubs, reducing studios, swimming pools, tennis courts, bocce ball courts, gymnasiums, recreational clubs, and similar recreational uses and facilities.

7. Other uses that the Community Development Director determines, because of the type of operation, materials stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure, provided they are not prohibited by this chapter.

As mentioned, development standards have not yet been approved for this Subarea, therefore, the following development standards are being established which will allow the development to move forward:

Subarea E:
Minimum Lot Area – 1.0 acres;
Minimum Street Frontage Setback – 18 feet;
Minimum Non Street Frontage Setback – 10 feet;
Maximum Building Height – 2 stories or 30 feet.

FISCAL IMPACT
There would be no fiscal impact to the City. The project involves only the regulation of use and establishment of development standards.

Attachments:
Ordinance amending Planned Development 42, Subarea F
Site Plan

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE ZONING AMENDMENT (RZ 05-13) TO AMEND CHAPTER 17.493 OF THE BRENTWOOD MUNICIPAL CODE FOR PLANNED DEVELOPMENT FORTY-TWO (PD-42) SUBAREA E GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SAND CREEK ROAD AND BUSINESS CENTER DRIVE.

WHEREAS, Sand Creek Retail Associates has submitted an application for a zoning amendment to amend Planned Development 42, Subarea E, in order to establish specific development standards to accommodate his project (Design Review 05-16) located south of Sand Creek Road and west of Business Center Drive as shown on Exhibit A attached to, and hereby made a part of this ordinance; and

WHEREAS, on January 17, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 05-79 which recommended the approval of the zoning amendment for Planned Development 42, Subarea E; and

WHEREAS a Notice of Exemption has been prepared for this project as projects of this type involving minor land use changes are categorically exempt from the requirements of CEQA, Categorical Exemption 15305 – Minor Alterations in Land Use Limitations; therefore, no additional environmental documentation is necessary; 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 a more cohesive mix of commercial/retail uses to serve the needs of the adjacent residential community as well as the needs of the surrounding employment area.

B. Hereby, approves Rezone 05-13 as requested amending Chapter 17.493 to the Brentwood Municipal Code, as reflected below:

1. Revise Section 17.493.001C. 5. as follows:

“5. Subarea E consists of approximately 1.1 acres intended for the development of future office, leasing office, commercial service, convenience retail, recreational, and similar compatible uses to serve the needs of the adjacent multifamily community as well as the needs of the surrounding employment area.”

2. Revise Section 17.493.002.E as follows:

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

1. Medical and dental offices and/or laboratories up to a maximum of 33% of the building’s square footage.

2. Nursery, childcare, and daycare centers.

3. Public and quasi-public uses appropriate with the area. such as electronical institutions, business, technical, vocational, and trade schools.

4. Stock brokerages, mortgage and real estate sales and leasing companies, credit union offices, but not banks and savings and loan companies.

8. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, stock brokerages, mortgage and real estate sales and leasing companies, credit union offices, banks and savings and loan companies, and other professional and general business offices.

9. Commercial uses which manufacturer their primary product on the premises, such as drapery shops, cabinet shops, upholstery shops, and similar uses.

10. Commercial uses or services such as beauty shop, barber shop, photo studio, convenience retail uses or services such as a bakery, pastry shop, book store, candy or ice cream store and shoe repair, apparel and accessory store, and similar shall shops or boutiques.

11. Addressing and mailing service, blueprinting, Photostatting, and/or photocopying services (other than a printer or lithographer), drafting service, messenger service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices.

12. General retail sales excluding uses with outdoor storage or display.

13. Other retail uses subject to the approval of the Community Development Director provided they are not conditionally approved uses or prohibited by this chapter.”

3. Revise Section 17.493.003.E. as follows:

“E. Subarea E: The following uses shall be conditionally permitted within this subarea:

8. Sit down restaurants, cafes, delicatessens, and sports bars.

9. On-site sale liquor establishments.

10. Nursery, childcare or day care uses.

11. Business, technical, vocational, and trade schools.

12. Outpatient care facilities

13. Health clubs, reducing studios, swimming pools, tennis courts, bocce ball courts, gymnasiums, recreational clubs, and similar recreational uses and facilities.

14. Other uses that the Community Development Director determines, because of the type of operation, materials stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure, provided they are not prohibited by this chapter.”

4. Revise Section 17.493.005 to include the addition of the following and renumber:

“D. The following regulations shall apply to Subarea E of the PD-42 zone:

Minimum lot area: 1.0 acre
Minimum street frontage setback: 18 ft.
Minimum non-street frontage setback: 10 ft.
Maximum building height: 2 stories and 30 ft.”

5. Revise Section 17.493.005.E as follows:

“E. Regulations for lot area, yards, height and related matters for subareas B,E,G,H and I shall be determined by amendment to these planned development guidelines prior to and/ or in conjunction with submittal of a development plan.”

EXHIBIT A
ORDINANCE NO.

PLANNED DEVELOPMENT 42 (PD-42)
SUBAREA MAP

SITE PLAN
 

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