CITY COUNCIL AGENDA ITEM
Meeting Date: April 25, 2006
Subject/Title: Waive second reading and adopt Ordinance No. 825 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 corner of the 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
The Planning Commission and staff recommend the City Council waive the
second reading and adopt Ordinance No. 825 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.
At its meeting of April 11, 2006, the City Council introduced and waived the
first reading of Ordinance No. 825. This ordinance adoption establishes a
new planned development zone (PD-69) establishing specific permitted and
conditionally permitted uses, as well as prohibited uses, and creates
development standards for the zone.
There would be no fiscal impact to the City. The project involves only the
regulation of use and development standards and the establishment of an area
1. Ordinance No. 825
ORDINANCE NO. 825
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
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:
PD-69 (PLANNED DEVELOPMENT SIXTY-NINE) ZONE
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
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
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
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
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
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
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: