City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: March 13, 2007

Subject/Title: Waive second reading and adopt Ordinance No. 840 for a Rezone (Rezone 06-14) to amend Planned Development (PD) 49, 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. (H. Sword/T. Nielsen)

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 waive the second reading and adopt Ordinance No. 840 approving a rezoning request amending Planned Development (PD) 49, Subarea C to allow a minimum required setback of 15 feet from the Balfour Road right-of-way.

BACKGROUND

At its meeting of February 27, 2007, the City Council introduced and waived the first reading of Ordinance No. 840. The City Council also approved a mitigated negative declaration for the project including the revision of a mitigation measure to require the applicant to make a reasonable effort to secure a reciprocal parking agreement with an adjacent or near-by commercial property owner including at least 25 spaces that may be used during times of peak parking demand for overflow or valet parking. Adoption of Ordinance 840 allows a minimum required building setback of 15 feet from the Balfour Road right-of-way affecting approximately 3.35 acres located within Planned Development Zone 49, Subarea C and is in conformance with existing General Plan designation.

FISCAL IMPACT

The ordinance 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:
Ordinance No. 840

ORDINANCE NO. 840

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTER 17.504 OF THE BRENTWOOD MUNICIPAL CODE TO APPROVE 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, 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, 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 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, the City Council approved a resolution adopting the Mitigated Negative Declaration prepared on behalf of the project at a duly noticed public hearing on February 27, 2007; 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 deletes subsection (c) to Section 17.504.001 of the Brentwood Municipal Code relating to Planned Development 49 as follows:

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 deletes subsection (c) to Section 17.504.006 of the Brentwood Municipal Code relating to Planned Development 49 and replaces 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. Directs staff to make the necessary changes to the City Municipal Code.

F. 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.

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

H. 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. 840
VIC STEWART’S REZONE (RZ 06-14)

17.504.08 Sub Area Map for PD-49
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov