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CITY COUNCIL AGENDA ITEM NO. 20

Meeting Date: April 11, 2006

Subject/Title: Adoption of a Mitigated Negative Declaration for a 49,112 square foot commercial center (Design Review 05-27 -- City Block) and introduction and waiver of the first reading of an ordinance for a Rezone (RZ 06-03) to change the zoning from Neighborhood Commercial (C-1) to Planned Development 69 (PD-69) in order to adopt specific uses and development standards for a 4.47-acre site generally located on the vacant land at the southwest intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center.

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director
____________________________________________________________________________

RECOMMENDATION
The Planning Commission and staff recommend the City Council adopt the Mitigated Negative Declaration prepared for the project, and introduce and waive the first reading of an ordinance approving a rezone from Neighborhood Commercial (C-1) to Planned Development 69 (PD-69) in order to adopt specific uses and development standards to accommodate the 49,112 square foot City Block commercial project and adopt the Mitigated Negative Declaration prepared for the project.

PREVIOUS ACTION
None

BACKGROUND
At the March 21, 2006, Planning Commission meeting, the Commission unanimously voted to approve the rezone which would adopt specific uses and establish development standards for the 4.47 acres generally located on the vacant land at the southwest intersection of Griffith Lane and Balfour Road, west of In-Shape City. In addition, the Planning Commission also approved Design Review 05-27 for the development of this approximately 49,112 square foot commercial project, City Block, on the site. The approval of the design review for this development is contingent on approval of this rezone of the site to PD-69.

PROJECT DESCRIPTION
The proposed rezone would establish a new planned development zone (PD-69) establishing specific permitted and conditionally permitted uses, as well as prohibited uses, and create development standards for the zone.

ANALYSIS
The development standards proposed for this project are reasonable and similar to other commercially zoned properties within the City, as follows:

A. Minimum Lot Area – Four acres except that a master planned shopping center may be subdivided into parcels having a minimum lot area of ten thousand square feet

B. Minimum Lot Width – One hundred fifty feet except in the event of subdivision pursuant to Subsection A above

C. Minimum Street Frontage – Three hundred feet except in the event of subdivision pursuant to subsection A where frontage is not required provided perpetual access is provided by easements;

D. Minimum Street Frontage Yards – Ten feet which, except for driveway approaches, shall be landscaped pursuant to Section 17.630;

E. Minimum Non-Street Frontage Yards for Property Lines Adjoining Residentially-zoned Property – Fifty feet, which shall be screened if required pursuant to Chapter 17.630;

F. Minimum Non-Street Frontage Yards for Property Lines Adjoining Non-Residentially-zoned Property – Ten feet, which shall be screened if required pursuant to Chapter 17.630

G. Maximum Building Height – The maximum height of all structures within the PD-69 area shall be two stories not to exceed thirty feet.

In addition, the Planning Commission and staff are recommending the proposed uses for the zone. Those uses which have the potential to create parking or other adverse impacts have been conditionally permitted, and those uses which have the potential to be detrimental to the center have been prohibited. The resultant zoning text would read as follows:

Permitted Uses

The following uses are permitted in the PD-69 zone:

A. General retail uses and convenience retail uses such as a bakery, pastry shop, bookstore, candy store, florist, newsstand, stationary/gift shop, ice cream parlor, supermarket, drugstore and similar uses;

B. Service uses such as laundromat, laundry or dry cleaning pickup station, shoe repair, beauty and barber shop;

C. Professional and business offices;

D. Restaurant or café less than 2,500 square feet per establishment restricted to sit-down or take-out facility only;

E. Automatic teller machine; convenience banking center, full service bank, and other financial institutions;

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

Conditionally Permitted Uses

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17. 830.

A. Restaurant or café over 2,500 square feet restricted to sit-down facility only;

B. On-sale or off-sale liquor establishments;

C. Medical and dental offices;

D. Nursery, child care, day care center, meeting hall or fraternal hall, community center, health club facilities or recreational/ exercise class facilities;

E. Other uses that the Community Development Director determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulation through the conditional use permit procedure.

Prohibited Uses

The following uses are strictly prohibited within the PD-69 zone:

A. Gas station, service station, and auto services or repair; car wash facilities;

B. Motor vehicle sales or rentals, recreational vehicle sales or rentals;

C. Drive-in and drive-thru uses;

D. Light industrial and manufacturing uses;

E. Funeral services, mortuaries and crematoriums;

F. Animal boarding facilities;

G. Self-service storage facilities;

H. Outdoor storage; outdoor display unless approved through the Temporary Use Permit process.

Other Development Standards:

A. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures with exterior surfaces that are compatible with adjacent buildings and that adhere to City standards and specifications. Refuse pick-up shall be prohibited between the hours of 6:00 p.m. and 7:00 a.m.

B. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.

C. Energy Conservation. All facilities shall, to the greatest extent possible, incorporate energy conservation measures in conformance with City standards and subject to design review approval.

D. Advertising Signs. All signs shall be subject to the requirements of an approved Master Sign Program for this project.

E. Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 of the Brentwood Municipal Code.

F. Security Measures. All facilities shall provide security measures in accordance with City standards and subject to design review approval.

G. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of the Brentwood Municipal Code. All lighting fixtures shall be a minimum cut-off classification. All pole-mounted and building-mounted lighting fixtures shall be mounted at a maximum 20 ft. height above the finished grade. Additionally, any building-mounted fixtures on the rear of the buildings abutting residential areas shall have any light fixtures mounted as low on the building wall as determined feasible by the Community Development Director.

H. Design and Site Development Review. The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to new structures within PD-69.

FISCAL IMPACT
There would be no fiscal impact to the City. The project involves only the addition of new zoning text and establishment of an area map.

Attachments:
1. Resolution approving the Mitigated Negative Declaration for project.
2. Ordinance rezoning the 4.47-acre site west of In-Shape City from C-1 to PD-69

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE CITY BLOCK PROJECT, LOCATED AT THE SOUTHWEST INTERSECTION OF GRIFFITH LANE AND BALFOUR ROAD, WEST OF THE IN-SHAPE CITY FITNESS CENTER.

WHEREAS, K & E Properties has requested that the City approve a Mitigated Negative Declaration for the City Block project to be located on the vacant 4.47-acres at the southwest corner of the intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center; 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 March 3, 2006, and ended on March 21, 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 March 21, 2006, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties and passed Resolution 06-15 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 April 11, 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 herby approves the Mitigated Negative Declaration and accompanying Mitigation Monitoring Plan for the City Block commercial project to be located at the southwest corner of the intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center.

The above actions are final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within ten (10) calendar days following City Council action.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE 06-03 BY ADDING CHAPTER 17.526 TO THE BRENTWOOD MUNICIPAL CODE ESTABLISHING PLANNED DEVELOPMENT SIXTY-NINE (PD-69) FOR 4.47 ACRES GENERALLY LOCATED ON THE VACANT LAND AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GRIFFITH LANE AND BALFOUR ROAD, WEST OF THE IN-SHAPE CITY FITNESS CENTER.

WHEREAS, K & E Properties has initiated a rezone from Neighborhood Commercial (C-1) to Planned Development 69 (PD-69) in order to adopt specific uses and development standards for 4.47 acres of vacant land generally located at the southwest corner of the intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center; and

WHEREAS, on March 21, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 06-16 which recommended the approval of the rezone from C-1 to PD-69; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on March 31, 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 as the uses set forth in the new planned development zoning are consistent with General Commercial uses as defined in the General Plan.

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 in that the developer has concurrently processed a design review application on this site.

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

B. Hereby, approves Rezone 06-03 as requested adding Chapter 17.526 to the Brentwood Municipal Code, as reflected below:

CHAPTER 17.526
PD-69 (PLANNED DEVELOPMENT SIXTY-NINE) ZONE

CITY BLOCK

17.526.001 AUTHORITY, PURPOSE AND INTENT
17.526.002 PERMITTED USES
17.526.003 CONDITIONALLY PERMITTED USES
17.526.004 PROHIBITED USES
17.526.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED MATTERS
17.526.006 OTHER REGULATIONS
17.526.007 PLANNED DEVELOPMENT 69 AREA MAP

17.526.001 AUTHORITY PURPOSE AND INTENT:

The authority, purpose and intent for the adoption of the PD-69 (Planned Development 69) Zone are as follows:

Authority: PD-69 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones – General Regulations of the Brentwood Municipal Code.

Purpose: The purpose of the PD-69 zone is to permit and regulate the development of the City Block project, generally located west of Griffith Lane, and south of Balfour Road, in accordance with the Brentwood General Plan for general commercial uses.

Intent: The PD-69 Zone is intended to provide for general commercial uses including retail uses, office uses, service uses and restaurant uses in conformance with the adopted General Plan.

17.526.002 PERMITTED USES:

The following uses are permitted in the PD-69 zone:

A. General retail uses and convenience retail uses such as a bakery, pastry shop, bookstore, candy store, florist, newsstand, stationary/gift shop, ice cream parlor, supermarket, drugstore and similar uses;

B. Service uses such as laundromat, laundry or dry cleaning pickup station, shoe repair, beauty and barber shop;

C. Professional and business offices;

D. Restaurant or café less than 2,500 square feet per establishment restricted to sit-down or take-out facility only;

E. Automatic teller machine; convenience banking center, full service bank, and other financial institutions;

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

17.526.003 CONDITIONALLY PERMITTED USES:

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17. 830.

A. Restaurant or café over 2,500 square feet restricted to sit-down facility only;

B. On-sale or off-sale liquor establishments;

C. Medical and dental offices;

D. Nursery, child care, day care center, meeting hall or fraternal hall, community center, health club facilities or recreational/ exercise class facilities;

E. Other uses that the Community Development Director determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulation through the conditional use permit procedure.

17.526.004 PROHIBITED USES:

The following uses are strictly prohibited within the PD-69 zone:

A. Gas station, service station, and auto services or repair; car wash facilities;

B. Motor vehicle sales or rentals, recreational vehicle sales or rentals;

C. Drive-in and drive-thru uses;

D. Light industrial and manufacturing uses;

E. Funeral services, mortuaries and crematoriums;

F. Animal boarding facilities;

G. Self-service storage facilities;

H. Outdoor storage; outdoor display unless approved through the Temporary Use Permit process.

17.526.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED MATTERS:

A. Minimum Lot Area – Four acres except that a master planned shopping center may be subdivided into parcels having a minimum lot area of ten thousand square feet;
B. Minimum Lot Width – One hundred fifty feet except in the event of subdivision pursuant to Subsection A above;
C. Minimum Street Frontage – Three hundred feet except in the event of subdivision pursuant to Subsection A where frontage is not required provided perpetual access is provided by easements;
D. Minimum Street Frontage Yards: Ten feet, which shall be screened if required pursuant to Chapter 17.630;
E. Minimum Non-Street Frontage Yards for Property Lines Adjoining Residentially-zoned Property – Fifty feet, which shall be screened if required pursuant to Chapter 17.630;
F. Minimum Non-Street Frontage Yards for Property Lines Adjoining Non-Residentially-zoned Property – Ten feet, which shall be screened if required pursuant to Chapter 17.630
G. Maximum Building Height – The maximum height of all structures shall be two stories not to exceed thirty feet.

17.526.006 OTHER REGULATIONS:

A. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures with exterior surfaces that are compatible with adjacent buildings and that adhere to City standards and specifications. Refuse pick-up shall be prohibited between the hours of 6:00 p.m. and 7:00 a.m.

B. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.

C. Energy Conservation. All facilities shall, to the greatest extent possible, incorporate energy conservation measures in conformance with City standards and subject to design review approval.

D. Advertising Signs. All signs shall adhere to the approved Master Sign Program for this project.

E. Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 of the Brentwood Municipal Code.

F. Security Measures. All facilities shall provide security measures in accordance with City standards and subject to design review approval.

G. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of the Brentwood Municipal Code. All lighting fixtures shall be a minimum cut-off classification. All pole-mounted and building-mounted lighting fixtures shall be mounted at a maximum 20 ft. height above the finished grade. Additionally, any building-mounted fixtures on the rear of the buildings abutting residential areas shall have any light fixtures mounted as low on the building wall as determined feasible by the Community Development Director.

H. Design and Site Development Review. The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to new structures within PD-69.

17.526.007 PLANNED DEVELOPMENT 69 AREA MAP:
 

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