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CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: July 11, 2006

Subject/Title: Introduce and waive the first reading of a Rezone (RZ 06-08) to reduce the minimum building setbacks within Subarea “B” of the PD-35 Zone, in order to accommodate the Empire Crossings project, located directly south of Lone Tree Way and directly west of Empire Avenue surrounding the ARCO gas station and AM/PM convenience store.

Prepared by: Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Introduce and waive the first reading of an Ordinance approving the Rezone.

PREVIOUS ACTION
None.

BACKGROUND
At its regular meeting of June 20, 2006, the Planning Commission unanimously recommended that the City Council approve the Rezone (RZ 06-08) in order to reduce the minimum building setbacks for the Empire Crossings project. An increase in the maximum building height from 30-feet to 35-feet was also requested by the applicant in order to accommodate certain architectural features of the project; however, the Planning Commission found that the increase was not appropriate based on past practice and the fact that the adjacent C-2 Zone provides for a maximum building height of 30-feet. The Design Review (DR 06-09) for the project was also considered and approved by the Commission, subject to conditions. Construction of the project is anticipated to begin later this year, with limited occupancy anticipated by spring of next year.

PROJECT DESCRIPTION
The project includes developing two vacant parcels totaling 2.51 acres located near the intersection of Lone Tree Way and Empire Avenue, surrounding the ARCO gas station and AM/PM convenience store, with four single-story buildings for a combination of retail and restaurant uses. The two buildings total 23,600-square-feet and, while no tenants have been identified as of yet, the applicant anticipates constructing the project in two phases.

Phase one would include the northerly two buildings (directly west of the ARCO station) and would likely begin in the fall of this year. Phase two would include the two southerly buildings (directly north of the vacant high-density residential area) with no timeframe for construction established at this point. The two northerly buildings (7,510-square-feet) would be strictly for retail use, while 6,000-square-feet of the two southerly buildings (16,090-square-feet) would be earmarked for restaurant uses.

The applicant is requesting approval of an amendment to Subarea “B” of the PD-35 Zone in order to accommodate the proposed site plan. Following are the two areas that require modification:
• Minimum Street Frontage Yards – these are currently required to be 10 feet; the project does not comply with this requirement, as the building along Lone Tree Way is proposed to be constructed at the property line. As a result, the applicant is requesting to amend this standard to indicate that no setback is required.

• Minimum Non-Street Frontage Yards – these are currently required to be 10 feet, with buildings along the southerly boundary 50 feet; the project does not comply with this requirement, as the two northerly buildings are within five feet of the nearest property line and the two southerly buildings are within 20 feet of the southerly boundary. As a result, the applicant is requesting to amend this standard to indicate a minimum of five feet, with buildings along the southerly boundary 20 feet.

Following are the general development standards for Subarea “B”, as shown in Section 17.485.011 of the Zoning Ordinance, and the proposed modifications to them (added text is shown bolded and deleted text is shown stricken)

A. Minimum Lot Area: Twenty-five thousand (25,000) square feet, except that a master planned shopping center may be subdivided into parcels having a minimum lot area of ten thousand (10,000) square feet and a minimum lot width of one hundred (100) feet.

B. Minimum Street Frontage: One hundred and twenty (120) feet, except in the event of a subdivision pursuant to subsection A of this section where frontage is not required provided perpetual access is provided by easements.

C. Minimum Street Frontage Yards: Ten (10) feet which, except for driveway approaches, shall be landscaped pursuant to Section 17.630 None required.

D. Minimum Non-Street Frontage Yards: Ten (10) Five (5) feet, except that buildings located along the southerly boundary of the subarea shall be setback at least fifty (50) twenty (20) feet from said boundary. These yards shall be screened if required pursuant to Section 17.630.

E. Maximum Building Height: The maximum height of all structures in the PD-35 Subarea “B” Zone shall be two (2) stories not to exceed thirty (30) feet.

ANALYSIS
With respect to the minimum street frontage yards, the City’s Design Guidelines encourage locating buildings as near as possible to street frontages to provide visual interest. This is accomplished by locating the northerly building at the property line along Lone Tree Way. In addition, the C-2 Zone (adjacent parcel to the west) does not require any setback along street frontages. Amending the minimum street frontage yard would thus be consistent with the adjacent zoning.

With respect to the minimum non-street frontage yards, the C-2 Zone does not require any setback except when the yard is adjacent to residentially zoned property. In that case, a minimum setback of 20 feet is required. The two southerly buildings are proposed to be located 20 feet from the southerly property line. Amending the minimum non-street frontage yard would thus be consistent with the adjacent zoning. In addition, no negative impacts are anticipated as a result of modifying this standard, since the two adjacent parcels to the south are currently undeveloped.

For the above-referenced reasons, staff and the Planning Commission believe that approval of the requested Rezone is warranted and appropriate.

ENVIRONMENTAL ASSESSMENT
This type of project qualifies as a Categorical Exemption (Section 15332 – In-Fill Development Projects) pursuant to the California Environmental Quality Act (CEQA) Guidelines.

FISCAL IMPACT
The applicant is required to pay all relevant fees as specified in the conditions of approval for the project. The project, once developed, would generate additional jobs and sales tax for the City. The project will also increase demand for the urban services that the City provides, which will result in ongoing service delivery costs associated with it.

Attachments:
Ordinance
Approved site plan

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 06-08) TO AMEND THE MINIMUM BUILDING SETBACKS WITHIN SUBAREA “B” OF THE PD-35 ZONE, IN ORDER TO ACCOMMODATE THE EMPIRE CROSSINGS PROJECT, LOCATED DIRECTLY SOUTH OF LONE TREE WAY AND DIRECTLY WEST OF EMPIRE AVENUE SURROUNDING THE ARCO GAS STATION AND AM/PM CONVENIENCE STORE (APN 019-040-058 AND 059).

WHEREAS, RC Brentwood One Investment, LLC has requested that the City of Brentwood approve a Rezone to amend the minimum building setbacks and maximum building height within Subarea “B” of the PD-35 Zone, in order to facilitate development of the Empire Crossings project; and

WHEREAS, development standards for Subarea “B” of the PD-35 Zone were approved by the City Council on July 24, 2001 by Ordinance No. 678; and

WHEREAS, the development standards include regulations for minimum building setbacks and maximum building height within Subarea “B”; and

WHEREAS, a Notice of Exemption has been prepared for this project in accordance with Section 15332 of the CEQA Guidelines, and therefore no additional environmental review documentation is necessary; and

WHEREAS, an amendment to Subarea “B” of the PD-35 Zone is necessary in order to facilitate development of the project site as proposed by the applicant; and

WHEREAS, on June 20, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments, and unanimously passed Resolution No. 06-59 which recommends that the City Council approve the requested Rezone (RZ 06-08), with the exception of the requested increase in maximum building height from 30-feet to 35-feet, as the Planning Commission found that the increase was not appropriate based on past practice and the fact that the adjacent C-2 Zone provides for a maximum building height of 30-feet; and

WHEREAS, on June 20, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments, and unanimously passed Resolution No. 06-60 which approves the requested Design Review (DR 06-09) for the Empire Crossings project, and sets forth conditions of approval for the project; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project and published in the Brentwood Press on June 30, 2006, in accordance with City policies and Government Code 65090; and

WHEREAS, the City Council of the City of Brentwood considered this request at a public hearing at its regular meeting of July 11, 2006, and considered the staff report, the Planning Commission recommendation, all accompanying information, and testimony received from all interested parties; and

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

A. Hereby finds that:

1. The Rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act;

2. The amendment to Subarea “B” of the PD-35 Zone will not result in any adverse impacts to surrounding properties, as the amended minimum building setbacks are consistent with those of the adjacent C-2 Zone;

3. The Rezone will facilitate development of the project site in a manner that is consistent with the City’s adopted Design Guidelines and with existing and proposed developments on surrounding properties;

4. The site is physically suitable for the type and the density of development proposed;

5. The Rezone is consistent and compatible with the goals, policies, and implementation programs set forth in the General Plan; and

6. The development of the project site, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City, and is consistent with the general intent and spirit of the Zoning Ordinance and with the City's General Plan, including all relevant elements thereof.

B. Hereby approves Rezone No. 06-08, as reflected on Exhibit "A" to this Ordinance, amending Subarea “B” of the PD-35 Zone.

C. Hereby amends Chapter 17.485 of the Brentwood Municipal Code for the purpose of regulating certain real property and amending the minimum building setbacks established for Subarea “B” of the PD-35 Zone, which includes that area within the boundaries of the Empire Crossings project (DR 06-09).

D. Hereby sets forth that this Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing a summary of the Ordinance prepared by the City Attorney in the Ledger-Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

E. Hereby sets forth that this Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

F. Hereby sets forth that in accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THIS ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 11th day of July 2006, by the following vote:

Exhibits:
Exhibit "A" – Development standards for Subarea “B” of the PD-35 Zone

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT STANDARDS FOR SUBAREA “B” OF THE PD-35 ZONE

(added text is bolded and deleted text is stricken)

17.485.011

GENERAL DEVELOPMENT STANDARDS IN SUBAREA “B”

A. Minimum Lot Area: Twenty-five thousand (25,000) square feet, except that a master planned shopping center may be subdivided into parcels having a minimum lot area of ten thousand (10,000) square feet and a minimum lot width of one hundred (100) feet.

B. Minimum Street Frontage: One hundred and twenty (120) feet, except in the event of a subdivision pursuant to subsection A of this section where frontage is not required provided perpetual access is provided by easements.

C. Minimum Street Frontage Yards: Ten (10) feet which, except for driveway approaches, shall be landscaped pursuant to Section 17.630 None required.

D. Minimum Non-Street Frontage Yards: Ten (10) Five (5) feet, except that buildings located along the southerly boundary of the subarea shall be setback at least fifty (50) twenty (20) feet from said boundary. These yards shall be screened if required pursuant to Section 17.630.

E. Maximum Building Height: The maximum height of all structures in the PD-35 Subarea “B” Zone shall be two (2) stories not to exceed thirty (30) feet.

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