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 CITY COUNCIL AGENDA ITEM NO. 20

Meeting Date: August 26, 2008

Subject/Title: 1) Adoption of a resolution to approve a mitigated negative declaration for the Brentwood Civic Center project; 2) Adoption of a resolution to approve a General Plan amendment (GPA 07-02) to change the land use designation on a portion of the Civic Center site from Park to Downtown (Mixed Use); 3) Adoption of a resolution to approve a Downtown Specific Plan amendment (GPA 07-02) to add the Brentwood Civic Center District Zone, create site development standards and permitted uses for the new district zone, and re-designate City Park, the adjacent Maple Street and Third Street, and two City-owned parcels to the new district zone; 4) Adoption of a resolution to approve a summary vacation for portions of Maple Street and Third Street.

Prepared by: Erik Nolthenius, Principal Planner

Submitted by: Casey McCann, Community Development Director


RECOMMENDATION

1) Adopt a resolution to approve a mitigated negative declaration for the Brentwood Civic Center project; 2) Adopt a resolution to approve a General Plan amendment (GPA 07-02) to change the land use designation on a portion of the Civic Center site from Park to Downtown (Mixed Use); 3) Adopt a resolution to approve a Downtown Specific Plan amendment (GPA 07-02) to add the Brentwood Civic Center District Zone, create site development standards and permitted uses for the new district zone, and re-designate City Park, the adjacent Maple Street and Third Street, and two City-owned parcels to the new district zone; 4) Adopt a resolution to approve a summary vacation for portions of Maple Street and Third Street.

PREVIOUS ACTION

On November 13, 2007, by Resolution No. 2007-269, the City Council endorsed the Civic Center conceptual plans, endorsed the City Hall and Community Center building plans, endorsed the History Walk concept as one of the required art components of the Civic Center, and directed staff to proceed with this project to design development.

On February 26, 2008, LPA, Inc. made a presentation to the City Council on milestones and critical decision points for the Civic Center project.

On April 10, 2008, a workshop was held with the Parks & Recreation Commission to discuss the design plans for City Park.

On May 13, 2008, by Resolution No. 2008-115, the City Council approved the Swinerton Management and Consulting contract for construction management services on the Civic Center.

On May 13, 2008, by Resolution No. 2008-116, the City Council approved staff’s recommendation for the Civic Center Plaza, including the fountain and trees.

On May 13, 2008, by Resolution No. 2008-117, the City Council endorsed the City Park Master Site Plan.

On June 17, 2008, the Planning Commission voted 4-0-1 (Commissioner Bristow was absent) to recommend that the City Council approve the mitigated negative declaration, General Plan amendment, and Downtown Specific Plan amendment, by adopting Resolution No. 08-033, 08-034, and 08-035, respectively. The Planning Commission also voted 3-1-1 (Chairperson Gildersleeve voted no) to approve the design review application for the Brentwood Civic Center project.

BACKGROUND

At its regular meeting of June 17, 2008, the Planning Commission considered the Brentwood Civic Center project as a public hearing item. Very few public comments were made during the hearing. After deliberation, the Commission voted 4-0-1 to recommend approval of the mitigated negative declaration, General Plan amendment, and Downtown Specific Plan amendment to the City Council, as prepared by staff. The only change made by the Commission was to modify the maximum building height requested as part of the new district zone, in order to more accurately reflect the proposed design of the project. The Commission also voted 3-1-1 to approve the design review application for the project. As part of the design review approval, the Commission added three conditions to the project, specifically to increase the amount of bicycle parking racks, enhance the landscape screening around the perimeter of the parking structure, and revise the building colors. These conditions were directed to be reviewed and approved by the Commission’s Design Review Sub-Committee.

On July 10, 2008, staff and LPA presented plans to the Sub-Committee showing additional bicycle parking racks and enhanced landscape screening around the perimeter of the parking structure. Both of these items were approved by the Sub-Committee. At that same meeting, staff presented some building color options for review by the Sub-Committee, with a recommendation to choose one base color and one accent color. Upon review of the colors, the Sub-Committee indicated an interest in seeing three building colors instead of two. At that time, staff was directed by the Sub-Committee to bring back a third color option for review.

On July 24, 2008, the Sub-Committee reviewed concerns noted by the Civic Center’s architect about using more than two building colors. The architect strongly suggested that two colors would retain the timelessness of the buildings, and would be in keeping with the intended design of the buildings. The Sub-Committee agreed that retaining a two-color scheme would be more appropriate than adding a third color. While not wanting to hold up the process, Chairperson Gildersleeve wanted it noted that she would prefer a warmer color tan for the base color of the buildings.

PROJECT DESCRIPTION:

Existing Site

The project site totals approximately 5.5 acres and includes three City-owned parcels, as well as portions of Maple Street and Third Street. The site is bounded by Liberty High School to the north and east, by Oak Street on the south, and by Second Street on the west. Existing development on the site includes the extension of Maple Street east of Second Street, City Park, the Brentwood Library, the Community Center, and City Hall. The site also includes surface parking along Maple Street and in the two City parking lots located both north and south of the library. Existing vehicular access to the site is via Maple Street on the north and via the extension of Third Street on the south. A service road provides additional access from Oak Street, extending north and west behind City Hall and the Community Center.

Maple Street and the northernmost City parking lot currently form the northern boundary of the site, while City Park extends between Maple Street and Oak Street. The library is located central to the site and is connected, at least from a pedestrian sense, to the Community Center and City Hall via a landscaped and partially covered courtyard. The Community Center and City Hall are located along the eastern boundary of the site, and are bounded respectively by the Liberty High School pool, tennis courts, and bus barn.

Proposed Project

The project includes the demolition of all existing buildings on-site, the construction of a new City Council Chamber, City Hall, parking structure, and Community Center, and the reconfiguration of City Park. In addition to the design review application that was approved by the Planning Commission, four actions remain to be taken by the City Council, including approval of a mitigated negative declaration (see environmental determination section below), a General Plan amendment, a Downtown Specific Plan amendment, and a street vacation.

The General Plan amendment is required in order to change the land use designation on a portion of the project site from Park to Downtown (Mixed Use). The Downtown Specific Plan amendment is required in order to add a new district to the Downtown Specific Plan, to create site development standards and permitted uses for the new district, and to re-designate City Park, the adjacent Maple Street and Third Street surrounding the park, and two City-owned parcels to the new district (Brentwood Civic Center) on the Downtown District Zones Map. The street vacation is required based on the site plan for the project, in that Maple Street and Third Street currently exist as public roadways within the boundaries of the project site, although they are no longer used as public right-of-way.

The design review is required by the Downtown Specific Plan and Brentwood Municipal Code since the project involves the construction of new buildings. The new buildings include a single-story City Council Chamber totaling approximately 7,200 square feet with seating for 150 people, a three-story City Hall totaling approximately 55,000 square feet, a four-level parking structure with 280 spaces, and a two-story Community Center totaling approximately 32,000 square feet, as well as a newly configured and designed 2.5-acre City Park. Construction of the project may be phased, as the City Council has already authorized bidding the Community Center as a deductive alternate item.

ENVIRONMENTAL DETERMINATION:

A draft mitigated negative declaration (MND) has been prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). Several potentially significant impacts related to the project have been identified; however, mitigation measures have been incorporated to reduce those impacts to less than significant levels. The impacts that were identified relate to aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards, hydrology and water quality, noise, and transportation and circulation. All mitigation measures not addressed by the standard conditions of approval have been included as recommended conditions of project approval.

The MND was available for public review for a period of 30 days, from May 16th to June 16th, and a notice of its availability was mailed to all property owners within 300 feet of the project site as well as to all property owners within the boundaries of the Downtown Specific Plan. In addition, the MND was forwarded to the State Clearinghouse for distribution, review, and comment among potentially affected State agencies. Finally, a letter, along with the notice of public hearing and a copy of the mitigated negative declaration, was hand delivered to the Liberty Union High School District on May 16th in accordance with Section 15186(b) of the CEQA Guidelines.

To date, two comments have been received. The first comment is from CalTrans, which simply indicates the need to prepare a cultural resource study in the event that any work is conducted within its right-of-way. This comment is irrelevant, since the project does not involve any work within State right-of-way.

The second comment is from the Liberty Union High School District, which was received ten (10) days after the close of the 30-day comment period. The District noted several areas of concern relating to the project, including noise, traffic, and air quality. A formal response to the District’s comments has been prepared and was hand delivered to the District office on August 8, 2008, noting that the District’s comments were not timely. The response is also attached to this staff report for the Council’s reference.

Staff is recommending only one minor change be made to the MND, which is the addition of a mitigation measure related to construction traffic, as noted in the attached response. With the addition of the referenced mitigation measure, the MND satisfies the requirements of CEQA and is appropriate for the review and approval of the Civic Center project.

The District responded with a second letter, re-noting concerns about traffic, air quality and noise. The letter does not raise significant new issues otherwise addressed earlier. Regarding a request to include analyses in an appendix to the MND, analyses are available for public review and are not required to be added as appendices. Regarding the District’s contention that an EIR is required, an EIR is required if significant impacts cannot be mitigated, which is not the case here.

ANALYSIS:

General Plan Consistency

The project site is designated by the General Plan as both Park and Downtown (Mixed Use), with the majority of the site designated as Park to coincide with the existing City Park, and the remainder of the site designated as Downtown to coincide with the library, Community Center, and City Hall. Since the park will be reconfigured as part of the project, a General Plan amendment is being requested to remove the Park land use designation and replace it with the Downtown designation, consistent with the remainder of the site. Approval of the General Plan amendment is appropriate, based on the fact that City Park is an integral part of the downtown area and the Civic Center project in particular. In addition, approval of the requested amendment will provide a unified and consistent land use designation for the Civic Center project site.

Downtown Specific Plan Consistency

The project site is designated by the Downtown Specific Plan as both Park and Civic Core, with the majority of the site designated as Park to coincide with the existing City Park, and the remainder of the site designated as Civic Core to coincide with the library, Community Center, and City Hall. Since the park will be reconfigured as part of the project, and since the project is not consistent with the existing development standards that are identified in the Civic Core, a Downtown Specific Plan amendment is being requested. The amendment will involve the addition of a new District Zone to the Downtown Specific Plan, the creation of site development standards and permitted uses for the new district, and the re-designation of City Park, the adjacent Maple Street and Third Street surrounding the park, and two City-owned parcels to the new district on the Downtown District Zones Map.

The addition of the Brentwood Civic Center District to the Downtown Specific Plan includes creating site development standards that are consistent with the Civic Center project, as well as permitted and conditionally permitted uses. The uses proposed as part of the Civic Center project fit into the existing Civic & Cultural specific plan use category. Staff has added a note regarding the new district related to similar types of permitted uses, as well as conditionally permitted uses, to provide future flexibility in the event that something currently unforeseen is proposed. No other uses (i.e. retail or residential) are part of the current project or future plans for the project site. The maximum building height and minimum building setbacks have been identified in order to accommodate the proposed design of the Civic Center project. A second note has been added regarding encroachments into the public right-of-way for buildings along Second Street. This note relates specifically to the City Council Chamber, which is located adjacent to Second Street and which has been designed to include a roof eave overhang of approximately 5’.

Zoning Consistency

The project site is zoned DT (Downtown), which was established in 2005 with the adoption of the Downtown Specific Plan. The proposed project is consistent with the purpose and intent of the DT Zone, as it will create a distinct and unified development on approximately 5.5 acres in the center of the downtown, which will be a destination for employees, residents, and members of the general public who will be doing business with the City. The project is also consistent with the remaining provisions of the DT Zone, as all regulations are deferred to the Downtown Specific Plan, and the project includes an amendment to the specific plan to address all inconsistencies with the current regulations of the specific plan.

Street Vacation

The requested street vacation complies with all requirements of the State of California Streets and Highways Code (Division 9, Part 3, Chapter 4), in that the portions of Maple Street and Third Street to be vacated consist of excess right-of-way not required for street or highway purposes. These portions are not used for street purposes, but consist of a parking lot and entrance that are not part of the street system. In addition, emergency access is being maintained. Provision of public access to and from the site is provided via both Oak Street and Second Street.

FISCAL IMPACT

There is no fiscal impact associated with approval of the mitigated negative declaration, General Plan amendment, Downtown Specific Plan amendment, or street vacation. The Civic Center project is identified in the current CIP budget.

Attachments:

1. Resolution – MND
2. Resolution – GPA
3. Resolution – SPA
4. Resolution – Street Vacation
5. Mitigated Negative Declaration
6. Mitigated Monitoring Program
7. Response to Comments
8. Errata Sheet
9. Letter from Liberty Union High School District, dated August 13, 2008


CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE BRENTWOOD CIVIC CENTER PROJECT, LOCATED ON A 5.5-ACRE SITE AT THE NORTHEAST CORNER OF OAK STREET AND SECOND STREET (APN 013-041-008, APN 013-041-009, AND APN 013-042-001).

WHEREAS, the City of Brentwood has requested approval of a mitigated negative declaration for the redevelopment of a 5.5-acre site, located at the northeast corner of Oak Street and Second Street, with the Brentwood Civic Center project; and

WHEREAS, the proposed project information was referred to various public utility companies, public districts and pertinent City departments for review and recommendations; and

WHEREAS, an initial study and mitigated negative declaration 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 identifies less than significant environmental effects associated with the proposed project and potentially significant effects which can be feasibly mitigated or avoided and these project measures are included in the project conditions of approval and will ensure that the impacts identified are mitigated to a less than significant level; and

WHEREAS, the availability of said environmental document for the minimum 30-day public review and comment period was begun on May 16, 2008, and ended on June 16, 2008, and all comments received were responded to; and

WHEREAS, the Planning Commission of the City of Brentwood considered this mitigated negative declaration at a public hearing at its regular meeting of June 17, 2008, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties, and recommended that the City Council approve the mitigated negative declaration by adopting Resolution No. 08-033; and

WHEREAS, subsequent to the Planning Commission hearing, a comment was received from the Liberty Union High School District on June 26, 2008, after the close of the comment period, and said comment was responded to on August 8, 2008, which included the addition of a mitigation measure (XV-24) related to construction traffic.

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

1. The City Council has reviewed and considered the information contained within the initial study and mitigated negative declaration and all oral testimony and written comments received.

2. Based upon the mitigated negative declaration and comments and testimony received, the City Council finds that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the City Council’s independent judgment and analysis.

3. The mitigated negative declaration and mitigation monitoring program, attached hereto as Exhibit “A”, is approved as amended with the addition of mitigation measure XV-24.

4. City staff shall file a notice of determination regarding the approval of said mitigated negative declaration with the County Clerk.

5. The City of Brentwood is the custodian of the documents and other material which constitute the record of proceedings upon which this decision is based, which documents and other materials are located at the Community Development Department, 104 Oak Street, Brentwood, CA 94513.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of August 26, 2008, by the following vote:


CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A GENERAL PLAN AMENDMENT (GPA 07-02) TO CHANGE THE LAND USE DESIGNATION FROM PARK TO DOWNTOWN ON APPROXIMATELY 2.5 ACRES OF THE BRENTWOOD CIVIC CENTER PROJECT SITE, LOCATED AT THE NORTHEAST CORNER OF OAK STREET AND SECOND STREET (APN 013-041-008, APN 013-041-009, AND APN 013-042-001).

WHEREAS, the City of Brentwood has requested approval of a General Plan amendment to change the land use designation from Park to Downtown on approximately 2.5 acres, located at the northeast corner of Oak Street and Second Street, in order to facilitate development of the Brentwood Civic Center project; and

WHEREAS, the City of Brentwood is concurrently requesting approval of a mitigated negative declaration for the project; a Downtown Specific Plan amendment to add a new district zone, create site development standards and permitted uses, and re-designate the 5.5-acre site to the Brentwood Civic Center district; and a design review for a 62,200-square-foot building that includes a 7,200-square-foot single-story City Council Chamber with seating for 150 people and a 55,000-square-foot three-story City Hall, a 32,000-square-foot building that includes a two-story Community Center and additional City offices, a four-level parking structure with 280 spaces, a 2.5-acre park, and all related site improvements; and

WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on this project at its regular meeting of June 17, 2008, and recommended approval of the requested General Plan amendment by adopting Resolution No. 08-034; and

WHEREAS, a notice of public hearing was distributed to all property owners of record within 300 feet of the project site, as well as to all property owners within the Downtown Specific Plan area, and published in the Brentwood Press on August 15, 2008, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council has adopted a mitigated negative declaration for the project; and

WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project; and

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

A. Hereby finds that:

1. The proposed General Plan amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act, in that notices of the public hearing were mailed to property owners within 300 feet of the project site as well as those owners within the Downtown Specific Plan area, and a mitigated negative declaration was prepared and adopted, including discussion of the requested General Plan amendment.

2. The change in land use designation from Park to Downtown is deemed to be in the public interest. It is logical and is necessary to ensure consistency with the layout and design of the Brentwood Civic Center project. The site is currently developed with a public park known as City Park, which will remain, but will be reconfigured as part of the Brentwood Civic Center project. Approval of the requested General Plan amendment would facilitate development of a project that would not result in any significant negative impacts on surrounding properties, as detailed in the mitigated negative declaration, the project plans, and the conditions of approval for the project.

3. The proposed General Plan amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected.

4. The site is physically suitable for the type and the density of development proposed, in that access to the site will be provided by existing streets within the downtown area, including Oak Street on the south and Second Street on the west, the site is relatively flat, parking and landscaping will be provided on-site in accordance with the Brentwood Municipal Code, and the mitigated negative declaration prepared for the project does not identify any significantly unavoidable impacts relative to hazards, biological resources, noise, etc.

5. The project will generate a level of traffic that can be accommodated by the public circulation system, in that a project-specific traffic study was prepared and those impacts which were identified as potentially significant have been mitigated to a level of less-than-significant based on the design of the project, including the installation of a traffic signal at the intersection of Maple Street and Second Street.

6. Approval of the requested General Plan amendment is appropriate, in that the Brentwood Civic Center project site is located within the boundaries of the Downtown Specific Plan, which is being concurrently amended to ensure consistency with the layout and design of the project.

7. Development of the project site, as proposed, will not be detrimental to the public health, safety or welfare in that the project plans and conditions of approval have mitigated all potential impacts to a less-than-significant level, will facilitate the completion of a project identified in the City’s Capital Improvement Program, and will be consistent with the General Plan and Zoning Ordinance, as amended.

B. Hereby approves General Plan Amendment No. 07-02, as recommended by the Planning Commission, to change the land use designation from Park to Downtown on approximately 2.5 acres of the Brentwood Civic Center project site, located at the northeast corner of Oak Street and Second Street, as requested and as reflected in the attached Exhibit “A”, and directs City staff to make the appropriate change to the Land Use Map for the City of Brentwood General Plan.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of August 26, 2008, by the following vote:


CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN (GPA 07-02) TO ADD A NEW DISTRICT TO SECTION 2.2.1 OF THE PLAN, CREATE SITE DEVELOPMENT STANDARDS AND PERMITTED USES FOR THE NEW DISTRICT, RE-DESIGNATE THE 5.5-ACRE BRENTWOOD CIVIC CENTER PROJECT SITE TO THE BRENTWOOD CIVIC CENTER DISTRICT ON THE DOWNTOWN DISTRICT ZONES MAP, AND MAKE OTHER MINOR TEXT AMENDMENTS, LOCATED AT THE NORTHEAST CORNER OF OAK STREET AND SECOND STREET (APN 013-041-008, APN 013-041-009, AND APN 013-042-001).

WHEREAS, the City of Brentwood has requested approval of an amendment to the Downtown Specific Plan to add a new district to Section 2.2.1 of the plan, create site development standards and permitted uses for the new district, re-designate the 5.5-acre Brentwood Civic Center project site to the Brentwood Civic Center District on the Downtown District Zones Map, and make other minor text amendments, located at the northeast corner of Oak Street and Second Street, in order to facilitate development of the Brentwood Civic Center project; and

WHEREAS, the City of Brentwood is concurrently requesting approval of a mitigated negative declaration for the project; a General Plan amendment to change the land use designation on 2.5-acres of the project site from Park to Downtown; and a design review for a 62,200-square-foot building that includes a 7,200-square-foot single-story City Council Chamber with seating for 150 people and a 55,000-square-foot three-story City Hall, a 32,000-square-foot building that includes a two-story Community Center and additional City offices, a four-level parking structure with 280 spaces, a 2.5-acre park, and all related site improvements; and

WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on this project at its regular meeting of June 17, 2008, and recommended approval of the requested Downtown Specific Plan amendment by adopting Resolution No. 08-035; and

WHEREAS, a notice of public hearing was distributed to all property owners of record within 300 feet of the project site, as well as to all property owners within the Downtown Specific Plan area, and published in the Brentwood Press on August 15, 2008, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council has adopted a mitigated negative declaration for the project and General Plan Amendment No. 07-02; and

WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project; and

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

A. Hereby finds that:

1. The proposed amendment to the Downtown Specific Plan has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act, in that notices of the public hearing were mailed to property owners within 300 feet of the project site as well as those owners within the Downtown Specific Plan area, and a mitigated negative declaration was prepared and adopted, including discussion of the requested Downtown Specific Plan amendment.

2. The requested amendment to the Downtown Specific Plan is deemed to be in the public interest. It is logical and is necessary to ensure consistency with the layout and design of the Brentwood Civic Center project. The site is currently developed with a public park known as City Park, which will remain, but will be reconfigured as part of the Brentwood Civic Center. Approval of the requested amendment to the Downtown Specific Plan would facilitate development of a project that would not result in any significant negative impacts on surrounding properties, as detailed in the mitigated negative declaration, the project plans, and the conditions of approval for the project.

3. The proposed Downtown Specific Plan amendment is consistent and compatible with the General Plan, the rest of the specific plan and any implementation programs that may be affected.

4. The site is physically suitable for the type and the density of development proposed, in that access to the site will be provided by existing streets within the downtown area, including Oak Street on the south and Second Street on the west, the site is relatively flat, parking and landscaping will be provided on-site in accordance with the Brentwood Municipal Code, and the mitigated negative declaration prepared for the project does not identify any significantly unavoidable impacts relative to hazards, biological resources, noise, etc.

5. The project will generate a level of traffic that can be accommodated by the public circulation system, in that a project-specific traffic study was prepared and those impacts which were identified as potentially significant have been mitigated to a level of less-than-significant based on the design of the project, including the installation of a traffic signal at the intersection of Maple Street and Second Street.

6. Approval of the requested amendment to the Downtown Specific Plan is appropriate, in that the Brentwood Civic Center will create a distinct and unified development on approximately 5.5 acres in the heart of the downtown, which will be a destination for employees, residents, and members of the general public who will be doing business with the City. The design of the project requires the establishment of a new district zone within the Downtown Specific Plan, as well as the creation of permitted uses and site development standards (including maximum building height and minimum building setbacks). In addition, a concurrent amendment to the General Plan related to City Park is being processed as part of the Brentwood Civic Center to ensure consistency with the layout and design of the overall project.

7. Development of the project site, as proposed, will not be detrimental to the public health, safety or welfare in that the project plans and conditions of approval have mitigated all potential impacts to a less-than-significant level, will facilitate the completion of a project identified in the City’s Capital Improvement Program, and will be consistent with the General Plan, the Downtown Specific Plan, and the Zoning Ordinance, as amended.

B. Hereby approves Downtown Specific Plan Amendment No. 07-02 for a 5.5-acre project site, as recommended by the Planning Commission and as reflected in the attached Exhibit “A” and Exhibit “B”, and directs City staff to make the appropriate changes to the Downtown Specific Plan.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of August 26, 2008, by the following vote:


EXHIBIT “B” TO CITY COUNCIL RESOLUTION NO.
TEXT CHANGES ASSOCIATED WITH THE
DOWNTOWN SPECIFIC PLAN AMENDMENT (GPA 07-02)


• Page 35 of the Downtown Specific Plan shall be amended to include reference to the Brentwood Civic Center District Zone under Section 2.2.1
• Page 36 of the Downtown Specific Plan shall be amended to include the Brentwood Civic Center on the Site Development Standards Chart, as shown below:

2.2.1 District Zone
Brentwood Civic Center
1. Retail
a. Main Street Retail -
b. Neighborhood Center Retail -
c. Commercial Corridor Retail -
d. Corner Store Retail -
2. Office -
3. Civic & Cultural Permitted*
4. Lodging -
5. Residential
a. Upper Floor Residential -
b. Live-Work -
c. Stacked Units -
d. Attached Single-Family -
e. Detached Single-Family -
Minimum Height N/A
Maximum Height 68 ft
Private Frontage & Front Setback**
1. Shopfront -
2. Encroachment Gallery -
3. Encroachment Arcade -
4. Arcade Permitted
5. Grand Portico Permitted
6. Forecourt -
7. Flush Single Entry N/A
8. Stoop -
9. Porch -
10. Front Yard -
11. Special Treatment: Fenced Edge -
12. Special Treatment: Terraced Edge -
13. Special Treatment: Flush Edge Permitted
14. Special Treatment: Corner Tower Not Required
Side Setback 25 ft minimum
Rear Setback 25 ft minimum
Mid-Block Alley Setback N/A
Railroad R.O.W. Setback N/A
Relation to Single Family Homes Not Required
Frontage Coverage Not Required
Build to Corner Not Required
Maximum Building Length N/A
Space Between Buildings N/A
Maximum Block Size N/A

* - Similar uses may be permitted, as determined by the Community Development Director. Other uses that the Director determines require special consideration may be allowed through the conditional use permit procedure, to be reviewed by the Planning Commission in accordance with Chapter 17.830 of the Brentwood Municipal Code.

** - Buildings along Second Street shall be allowed to have roof eaves encroach into the public right-of-way a maximum distance of 6 ft.


CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD SUMMARILY VACATING, PURSUANT TO THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE, DIVISION 9, PART 3, CHAPTER 4, PORTIONS OF MAPLE STREET AND THIRD STREET.

WHEREAS, the City of Brentwood has requested approval of a summary vacation in order to vacate portions of Maple Street and Third Street within the boundaries of the Brentwood Civic Center project site, in order to facilitate development of said project while ensuring emergency vehicle access; and

WHEREAS, the City of Brentwood is concurrently requesting approval of a mitigated negative declaration for the project; a General Plan amendment to change the land use designation on 2.5-acres of the project site from Park to Downtown; a Downtown Specific Plan amendment to add a new district zone, create site development standards and permitted uses, and re-designate the 5.5-acre site to the Brentwood Civic Center district; and a design review for a 62,200-square-foot building that includes a 7,200-square-foot single-story City Council Chamber with seating for 150 people and a 55,000-square-foot three-story City Hall, a 32,000-square-foot building that includes a two-story Community Center and additional City offices, a four-level parking structure with 280 spaces, a 2.5-acre park, and all related site improvements; and

WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project; and

WHEREAS, the City Council has adopted a mitigated negative declaration for the project; and

WHEREAS, the portions of Maple Street and Third Street, as described in Exhibit “A”, consist of excess right-of-way no longer required for street or highway purposes.

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

A. The City Council hereby finds as follows:

1. Those portions of Maple Street and Third Street, as shown up to the Proposed Boundary depicted on Exhibit “A”, consist of excess right-of-way that is no longer required for street or highway purposes.

2. This resolution is prima facie evidence of the facts stated above.

B. The City Council hereby summarily vacates, pursuant to State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8334, those portions of Maple Street and Third Street, described in Exhibit “A”, reserving and excepting from the vacation a public utility and landscape easement over, under or upon this area.

C. From and after the date of recordation of this resolution, those portions of Maple Street and Third Street no longer constitute public streets.

D. A certified copy of this resolution shall be recorded in the Official Records of Contra Costa County. The City Council further authorizes the execution and recordation of a Grant Deed confirming the vacation and reservation of a Public Service Easement.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of August 26, 2008, by the following vote:



EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
PROPOSED BOUNDARY

 
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