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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: February 27, 2007

Subject/Title: Consideration of a Mitigated Negative Declaration and a rezoning request (Rezone 06-14) to amend Planned Development (PD) 49 Zone, Subarea C to allow a minimum required setback of 15 feet from the Balfour Road right-of-way affecting approximately 3.35 acres located generally south of Balfour Road, east of John Muir Parkway, and west of Eagle Rock Avenue. The rezoning request proposed is part of the Vic Stewart’s restaurant and shopping center.

Prepared by: Tim Nielsen, Assistant Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION

Both the Planning Commission and staff recommend that the City Council pass a resolution approving the mitigated negative declaration and a resolution introducing and waiving the first reading of an ordinance approving the rezoning request.

PREVIOUS ACTION

The Planning Commission of the City of Brentwood passed Resolution 07-03 on February 6, 2007 recommending that the City Council adopt a mitigated negative declaration prepared in support of the project in accordance with CEQA guidelines. Additionally, the Planning Commission passed Resolution 07-04 recommending that the City Council approve Rezone 06-14 to amend Planned Development (PD) 49, ‘Subarea C’ affecting approximately 3.35 acres. The Planning Commission also approved Resolutions 07-05 and 07-06 respectively approving Design Review 06-21 allowing the development of an approximately 26,885 square-foot commercial development and Conditional Use Permit 06-32 allowing the operation of an approximately 10,749 square-foot restaurant known as Vic Stewart’s.

PROJECT DESCRIPTION

The applicant is requesting approval of this rezone application affecting approximately 3.35 acres to reduce the required minimum building setback from the Balfour Road right-of-way from 50 feet to 15 feet. The proposal does not involve amending any other development standard within the Planned Development 49 zoning text. The project site and area affected by the zoning amendment is located south of Balfour Road and east of John Muir Parkway.

ANALYSIS

The current development standards for Planned Development (PD) 49 were adopted and ‘Subarea C’ of the PD was created in October, 2003. At that time, the subject site was a part of a much larger area owned by John Muir Medical Center and the future use of the site had not been determined. Construction of multi-story medical or other office buildings on the site was possible and the standards (including the setback requirements) were created with this possibility in mind. All buildings within the zone are currently required to be set-back 50 feet from the Balfour Road right-of-way. The applicant has proposed single-story commercial buildings for the site and has designed the corner element of the restaurant building too be in scale to the proximity of the building to the right-of-way and to provide an additional element of architectural interest when viewed from the adjacent roadways.

In accordance with the City’s adopted Design Guidelines, in the development of shopping centers it is generally preferred to locate buildings nearer to the right-of-way and place parking areas behind the buildings so that they are less visible from the adjacent roadways. The applicant has requested that the minimum required building setback from Balfour Road be reduced from 50 feet to 15 feet in this subarea only, in order to accommodate the location of the restaurant building closer to the Balfour Road right-of-way. Given the use of the site as a restaurant and commercial shopping center comprised of single-story buildings, staff believes a reduction of the minimum required setback to 15 feet is appropriate. Similar commercial shopping centers within Brentwood and along Balfour Road maintain minimum building setbacks from the right-of-way of five to 15 feet, such as the Safeway shopping center on Balfour Road and Fairview Avenue with a minimum required building setback of 10 feet from the right-of-way, and the former Albertson’s shopping center northwest of the intersection of Balfour and Walnut with a minimum required building setback of five feet from the right-of-way.

FISCAL IMPACT

The rezoning amendment would not result in any change to the development possibilities or holding capacity of the site. Rather, it would impact only the location of the building within the site itself. Therefore, there would be no fiscal impact.

Attachment:
1. Negative declaration resolution
2. Rezone 06-14 Ordinance
3. Negative declaration for Rezone 06-14
4. Mitigation Monitoring Plan

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A MITIGATED NEGATIVE DECLARATION PREPARED FOR REZONE 06-14 FOR THE AMENDMENT OF DEVELOPMENT STANDARDS AFFECTING APPROXIMATELY 3.35 ACRES WITHIN PLANNED DEVELOPMENT ZONE 49 ‘SUBAREA C’ GENERALLY LOCATED SOUTH OF BALFOUR ROAD, WEST OF EAGLE ROCK AVENUE, AND EAST OF JOHN MUIR PARKWAY (APNs 010-840-013 AND 010-840-014)

WHEREAS, by Resolution No. 07-03 adopted on February 6, 2007, the Planning Commission of the City of Brentwood has recommended that the City Council approve a negative declaration for the proposed project; and

WHEREAS, the applicant concurrently submitted a request to approve a Rezone (RZ 06-14), a Design Review (DR 06-21), and a Conditional Use Permit (CUP 06-32); and

WHEREAS, an initial study, mitigated negative declaration and mitigation monitoring plan 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 identified potentially significant environmental effects associated with the proposed project which were feasibly mitigated or avoided by project-sponsored measures, and implementation of those measures were included in the project conditions of approval, and were found to reduce identified impacts 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 16, 2007, and ended on February 5, 2007, and no comments were received; and

WHEREAS, the City Council of the City of Brentwood considered this mitigated negative declaration at a public hearing at its regular meeting of February 27, 2006, and considered the staff report, all accompanying information, and public testimony received from interested parties.

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

A. Hereby finds that:

1. The mitigated negative declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

2. Pursuant to sections 15162 and 15168(c) of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the Program EIR prepared for the City of Brentwood General Plan. The Initial Study has further evaluated potential project-specific impacts to the environment. Based on this evidence and the mitigated negative declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR or addressed by the inclusion of mitigation measures. The mitigated negative declaration as well as the Program EIR for the General Plan are adequate for all approvals relating to the project; and

3. The City Council further finds that no significant new information within the meaning of the Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City that would necessitate recirculation of the mitigated negative declaration for public review. The City Council has considered all verbal and written comments relating to the mitigated negative declaration and finds no significant new information has arisen; and

B. Hereby adopts the mitigated negative declaration for the proposed project on approximately 3.35 acres generally located south of Balfour Road, west of Eagle Rock Avenue, and east of John Muir Parkway.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the February 27, 2007 by the following vote:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 06-14) AFFECTING APPROXIMATELY 3.35 ACRES WITHIN PLANNED DEVELOPMENT ZONE 49, ‘SUBAREA C’ TO AMEND DEVELOPMENT STANDARDS FOR THE PROJECT SITE GENERALLY LOCATED SOUTH OF BALFOUR ROAD, EAST OF JOHN MUIR PARKWAY, AND WEST OF EAGLE ROCK AVENUE (APNs 010-840-013, 010-840-014).

WHEREAS, by Resolution No. 07-04 adopted on February 6, 2007, the Planning Commission of the City of Brentwood has recommended that the City Council approve Rezone 06-14 for the proposed project; and

WHEREAS, the applicant concurrently submitted a request to approve the Rezone (RZ 06-14), a Design Review (DR 06-21), and a Conditional Use Permit (CUP 06-32); and

WHEREAS, an initial study, mitigated negative declaration and mitigation monitoring plan 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 Planning Commission of the City of Brentwood conducted a duly noticed public hearing on February 6, 2007, considered public comments, and passed Resolution No. 07-04, which recommended approval of this rezone (RZ 06-14) request; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood Press on January 17, 2007, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed zoning amendments on February 27, 2007, for the purpose of reviewing the project, considering the Planning Commission’s action, and considering all comments made by the public with respect to the request; 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 Planning Commission recommendation, the presentation by City staff, the staff report, and all other pertinent goals, polices, regulations, and documents regarding the proposed rezone and specific development standards; and

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

A. Hereby makes the following supporting findings for this zoning amendment request:

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

2. The site is physically suitable for the proposed rezone request given its potential for development as proposed and the difficulty in fully utilizing the site under the current setback requirements; and


3. The proposed rezone request is not likely to cause serious public health problems as all potentially significant impacts have been adequately addressed with the mitigation measures identified in the mitigated negative declaration prepared for the proposed project; and

4. The proposed rezone request includes clear development standards for the uses permitted under the General Plan and Zoning Ordinance as all development standards proposed in conjunction with this requested amendment are in conformance with General Plan densities and allowable land uses; and

5. The proposed rezone request continues to provide standards that ensure development that is consistent and compatible with surrounding uses in that neighboring and similar land uses were taken into consideration while formulating the proposed development standard amendment in addition to unique natural features such as existing creeks and waterways; and

6. The proposed rezone request will establish development standards that will not create a detrimental imbalance between the public service needs of the City and available fiscal and environmental resources (Government Code Section 65863.6) as project site is an infill parcel that already has existing infrastructure available designed to handle the added service needs; and

7. The proposed rezone request will clearly result in a more efficient use of land given the smaller setback allowing development nearer to the Balfour Road frontage and the incorporation of architectural features on the buildings that are appropriate and in scale to the building’s location; and

8. The proposed rezone request is for property that has a suitable relationship to one or more thoroughfares, and said thoroughfares with required improvements will be able to carry traffic resulting from this request; and

9. The rezoning request does not inhibit the City’s ability to plan a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties; and

10. The proposed rezoning will not be detrimental to the public welfare, will be in the best interests of the City, and will further the objectives of the Zoning Ordinance and goals of the City's General Plan, including all relevant Elements thereof.

B. Hereby amends subsection (c) to Section 17.504.001 of the Brentwood Municipal Code relating to Planned Development 49 and replace it with the following:

C. Intent. It is intended that, in order to achieve the purpose of the PD-49 zone of implementing a medical campus, mixed-use development in conformance with the Brentwood General Plan, development within the PD-49 zone shall be consistent with the permitted and conditionally permitted uses set forth below. It is further intended that in order to provide for the phased development of the property, development of portions of the property may occur upon the approval of a development plan for each such phase. The Subareas shall be as shown in Section 17.504.008 of this chapter and made a part of this chapter, and as further described below.
C. Hereby amends subsection (c) to Section 17.504.006 of the Brentwood Municipal Code relating to planned Development 49 and replace it with the following:

C. Building Setbacks:

Balfour Road 50 feet in Subarea ‘A’
15 feet in Subarea ‘C’
Concord Avenue 50 feet
Highway 4 Bypass 50 feet
John Muir Parkway 50 feet
Eagle Rock Avenue 25 feet
Non-street setbacks 5 feet in Subareas ‘A’ and ‘C’ 10 feet in Subarea ‘B’ 10 feet in Subarea ‘D’ for a 1-story building 20 feet in Subarea ‘D’ for a 2-story building

D. Hereby adds Section 17.504.008, comprised of the Planned Development 49 (PD-49) Sub Area Map, to the Brentwood Municipal Code in the form of Exhibit A attached hereto.

E. Hereby approves Rezone No. 06-14 affecting two parcels totaling approximately 3.35 acres within the PD-49 (Subarea C) zoning district described in Exhibit A to this Ordinance, which is hereby amended to add the applicable commercial development standards listed in Exhibit B within Subarea C of PD-49.

F. Directs staff to make the necessary changes to the City Municipal Code.

G. 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 Brentwood Press, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after this passage and adoption; or

3. Publishing a summary of the Ordinance prepared by the City Attorney in the Brentwood Press 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.

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

I. 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.

Exhibits:
1. Exhibit A – Location Map
EXHIBIT A TO
CITY COUNCIL ORDINANCE NO.
VIC STEWART’S REZONE (RZ 06-14)

17.504.08 Sub Area Map for PD-49
 

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