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. 15



Meeting Date: April 10, 2007

Subject/Title: Set the date of April 24, 2007, to hear an appeal filed by Matt Ellison of K & E Properties of the Planning Commission’s effective denial of an amendment to an approved design review for the City Block retail center to allow for a four-way signalized intersection at the Balfour Road entrance. The center is 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


RECOMMENDATION
Set April 24, 2007, as the hearing date to consider the appeal filed by Matt Ellison of K & E Properties in regard to the Planning Commission’s effective denial decision on the proposed amendment to a design review (DR 05-27) for the City Block retail center to allow for a four-way signalized intersection at the Balfour Road entrance.

PREVIOUS ACTIONS
• Planning Commission approval of RZ 06-03 and DR 05-27 on March 21, 2006, for the 49,112 square foot City Block retail shopping center.

• City Council approval of RZ 06-03 and mitigated negative declaration on April 25, 2006.

• Planning Commission consideration and approval of an amendment to the conditions of approval regarding trash enclosure locations and modified site plan on September 19, 2006.

• City Council hearing of the appeal regarding trash enclosure locations on October 24, 2006, which was deferred back to the Planning Commission.

• Planning Commission hearing of the appeal regarding trash enclosure locations on February 6, 2007.

• Planning Commission effectively denies the design review amendment application for a full access signalized intersection on March 6, 2007.

• Clarification of Planning Commission action and start of appeal period on March 20, 2007.

BACKGROUND
At the Planning Commission meeting of March 6, 2007, a public hearing was held regarding the applicant’s request for the installation of a full signalized intersection, including left-turn pockets into both the project site and Veterans Park, and related intersection improvements at their project entrance to the City Block retail center along Balfour Road. The original City Block design review (DR 05-27) was approved by the Planning Commission on March 21, 2006.

At the March 6, 2007, public hearing, public comment was heard and discussion ensued by the Commissioners regarding concerns on the appropriateness of providing a signalized intersection at this location. Topics of discussion were the proximity of this intersection to Rosegate Avenue, and the installation of another signal on Balfour Road which would mostly benefit the developer instead of the general public. Concerns were also brought forth regarding the lack of information on traffic and parking which may be generated by the possible inclusion of a senior center on the Veterans Park site.

The public hearing was closed and after Commission discussion, the vote took place. The application was effectively denied with two Commissioners voting to deny the project, one against the denial, one abstention and one commissioner not participating due to a conflict. The effective denial was clarified at the March 20, 2007, meeting and the appeal period ran from that date.

Matt Ellison of K & E Properties has filed an appeal of this denial citing “…the need to further evaluate conditions on the Rosegate and Balfour intersections with additional studies by experts.”

As required by Section 17.880.003.C, Matt Ellison has completed the required application, submitted the required appeal fee, and provided a statement setting forth the specific grounds for the appeal. It is a procedural requirement that the City Council set the hearing. It is recommended that the City Council set April 24, 2007, as the date for the hearing on the appeal request.

FISCAL IMPACT
The applicant paid the required $118 appeal fee.


Attachments:
1. Appeal application received from Matt Ellison of K & E Properties, dated “Received March 29, 2007”
2. Letter from Matt Ellison of K & E Properties dated March 28, 2007

 

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