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

Past Agendas

CITY COUNCIL AGENDA ITEM NO. 10

 Meeting Date:     March 28, 2000                      

 Subject/Title:      Public Hearing: Initiation of the Central Brentwood Annexation and Prezoning of Four (4) subareas within the area proposed for annexation. 

Submitted by:     Mike Leana, Chief of Planning

 Approved by:      Jon Elam, City Manager

 RECOMMENDATION   

Approve a resolution initiating the annexation application to Lafco of approximately 830 acres, known as the Central Brentwood Annexation, and introduce and waive the first reading of an ordinance approving the prezoning the four subareas that make up the annexation.

 PREVIOUS ACTION 

Portions of the proposed annexation area were included in a failed annexation attempt back in the early 1990’s. Since then, after several community meetings there appears to be renewed interest in annexing this area, which is surrounded by the existing Brentwood city limits.

 BACKGROUND

Following a mailed survey questionnaire to all property owners within the Central Brentwood Annexation area, two community meetings with residents, and a public hearing on the proposed prezonings before the Planning Commission, it appears that the percentage of the residents in support of annexation is roughly in the 70 % range. The intent of the prezoning designations is to implement the 1993 General Plan land use designations on the affected properties.

  Staff is aware of several property owners within the proposed annexation area who desire higher residential densities and/or different land use designations for their properties. We have encouraged them to submit written requests for proposed changes that will be reviewed by the General Plan Working Group during the current General Plan Update. Adoption of a new General Plan could result in the future rezoning of some or all of the properties involved in this annexation.

At the Planning Commission hearing on this item the question was asked why the City didn’t wait until the General Plan Update process was completed before processing the annexation? The basic rationale is to keep Lafco out of the land use/zoning discussions, be able to provide basic water/sewer services to those properties adjacent to the new water and sewer lines in Lone Tree Way in a more timely manner, and to ultimately facilitate the property owners’ desires to develop their property.

 The Planning Commission, in a 5-0 vote, unanimously recommended that the City Council approve the Negative Declaration and the prezoning designations as indicated.

 Action by the City Council tonight will enable staff to file the annexation application with Lafco for anticipated Lafco action in June or July.  Since this annexation is considered an inhabited annexation (e.g., more than 12 residents in the area) a final public hearing before the City Council will be necessary following action by Lafco.

RESOLUTION NO.

 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD INITIATING AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR ANNEXATION NO. A00-01, REFERRED TO AS THE CENTRAL BRENTWOOD ANNEXATION; THE PROPERTY IS BOUNDED BY THE FOLLOWING:  NEROLY ROAD, BRENTWOOD’S EXISTING CITY LIMITS, AND A PORTION OF THE UNION PACIFIC RAILROAD TRACKS.

 WHEREAS, the City of Brentwood desires to initiate proceedings pursuant to the Cortese-Know Local Government Reorganization Act of 1985, Division 3, commencing with Section 56000 of the California Government Code, for property in the north central portion of its planning area; and

 WHEREAS, the City of Brentwood on behalf of various property owners (“Applicant”) has applied for approval of an annexation of approximately 830± acres; and

 WHEREAS, the reasons for this proposed annexation are as follows: 

1.       This annexation is a logical and reasonable extension of the corporate limits of the City of Brentwood; as it includes portions of the City’s central core. 

2.       It is a desire of the majority property owners to annex to the City of Brentwood at this time in order to obtain municipal services and eventual development of their property in conformance with the General Plan of the City of Brentwood. 

3.       The proposal is in conformance with and further implements the goals and policies of the Brentwood General Plan. 

4.       The Local Agency Formation Commission (LAFCO) has previously requested this area be annexed to the City. 

WHEREAS, the environmental effects of this proposed action have been addressed in a Mitigated Negative Declaration, and all potentially adverse impacts have been conditioned to render the impact to a level of less than significant; and 

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood finds that each of the foregoing recitals are true and correct: 

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

2.       Pursuant to Section 15168(c) and 15162 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 1993 City of Brentwood General Plan.  The Initial Study has further evaluated potential project specific impacts to the environment.  Based upon 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 measures specified in the Program EIR to the Project and imposes additional mitigation measures to supplement and strengthen the Program EIR measures.  Therefore, since the mitigation measures are incorporated as conditions to the approval of the Project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 General Plan is adequate for all approvals relating to the Project. 

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, which would necessitate recirculation of the Mitigated Negative Declaration for further public review. 

4.       Based on the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment, and the Mitigated Negative Declaration reflects the City Council’s independent judgment and analysis. 

5.       The proposed annexation reflects a logical extension of the City’s corporate boundaries. 

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

1.        Adopts the Mitigated Negative Declaration and directs City staff to file a Notice of Determination with the County Clerk; and 

2.        Pursuant to Section 57000 et. Seq. Of the Government Code, the City Council of the City of Brentwood authorizes initiating annexation application No. A00-01 to LAFCO annexing approximately 830± acres generally bounded by Neroly Road, portions of the City of Brentwood’s existing City limits, and portions of the Union Pacific Railroad tracks as reflected on the attached Annexation Map (Exhibit “A”). 

3.        This request for a change of organization is instituted by the City of Brentwood.  All notices to this proceeding should be sent to the City Clerk, 150 City Park Way, Brentwood, CA  94513. 

4.        Annexation of the property does not assure immediate availability of necessary public facilities and services.  Development will not be allowed to occur until the City is assured that adequate facilities and services are available to serve development of the property pursuant to Chapter 17.805 of the Municipal Code. 

5.        The City of Brentwood and County of Contra Costa have previously negotiated a property tax exchange agreement for the division of property taxes, accruing from territory annexed to the City, in accordance with Part 0.5 (commencing with Sec. 95), Division 1 of the Revenue and Taxation Code of the State of California.  If further negotiations are required, the City Manager of the City of Brentwood, or his designated representative, is hereby authorized and directed to undertake such negotiations. 

6.        The City Clerk shall cause a certified copy of the resolution to be filed with the Executive Officer of the Contra Costa County Local Agency Formation Commission.    

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 28th day of March 2000 by the following vote

  Quintin L. Kidd,   Mayor

ATTEST:

 Karen Diaz, CMC

City Clerk

            ORDINANCE  NO.

 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE MUNICIPAL CODE BY PREZONING CERTAIN PROPERTIES REFERRED TO AS THE CENTRAL BRENTWOOD ANNEXATION PREZONE AREAS, LOCATED ALONG THE UNION PACIFIC RAILROAD TRACKS IN THE CENTRAL PORTION OF THE BRENTWOOD PLANNING AREA, TO FOUR (4) SEPARATE ZONING DESIGNATIONS: RE, PD-44, PD-42 AND R-1-E.

 WHEREAS, the subject property is surrounded by urban development of varying uses; and

 WHEREAS, the City of Brentwood on behalf of numerous property owners desirous of urban services now or in the foreseeable future is pursuing annexation of the subject property; and

 WHEREAS, the City of Brentwood as the project proponent is requesting an amendment to the Municipal Code to prezone the four (4) subareas within the Central Brentwood Annexation area as required by Chapter 17.060.008 of the Municipal Code and the Cortese-Knox Local Government Reorganization act of 1985; and 

WHEREAS, a Notice of Public Hearing was mailed to all property owners of record within 300 feet of the project and published in the Antioch Ledger Dispatch on March 17, 2000; and

WHEREAS, on March 8, 2000, the Planning Commission of the City of Brentwood recommended approval of the Mitigated Negative Declaration and the prezoning (RZ 00-02) of the four subareas of the Central Brentwood Annexation by passing Resolution 00-18; and

 WHEREAS, the Planning Commission has forwarded the prezoning request to the City Council for action; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed prezonings on March 28, 2000 for the purpose of reviewing said change; 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 presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed prezonings with the goals and policies of the City General Plan, and the Planning Commission recommendation; and

 WHEREAS, legal descriptions of the boundaries of each of the four (4) central Brentwood Annexation subareas to be prezoned are outlined and identified in Exhibit “A”, “B”, “C” and “D”, which are attached hereto and by this reference incorporated herein.

 WHEREAS, the City Council of the City of Brentwood makes the following supporting findings for this application:

 1.       The proposed prezonings have been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

 2.       Pursuant to Section 15168(c) and 15162 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 1993 City of Brentwood General Plan.  The Initial study has further evaluated potential project specific impacts to the environment.  Based upon 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 measures specified in the Program EIR to the Project and imposes additional mitigation measures to supplement and strengthen the Program EIR measures.  Therefore, since the mitigation measures are incorporated as conditions to the approval of the Project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 General Plan are adequate for all approvals relating to the Project.

 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 which would necessitate recirculation of the Mitigated Negative Declaration for further public review.

 4.       On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment, and the Mitigated Negative Declaration reflects the City Council’s independent judgment and analysis.

 5.       The proposed prezoning designations are consistent with the City General Plan.

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

 1.        Adopts the Mitigated Negative Declaration and directs City staff to file a Notice of Determination with the County Clerk. 

2.        That the area as outlined in Exhibit “A” is hereby prezoned to Ranchette Estate (RE) with a ten (10) acre park site.

 3.        That the area as outlined in Exhibit “B” is hereby prezoned to Planned Development Forty-Four (PD-44) for a mix of medium and high residential densities and a five (5) acre park site. 

4.        That the area as outlined in Exhibit “C” is hereby prezoned to Planned Development Forty-Two (PD-42) for a mix of office, retail, light industrial and a maximum of 23 acres of medium residential density.

5.        That the area as outlined in Exhibit “D” is hereby prezoned to Single Family Residential Estates (R-1-E).

 6.        That specific development standards and regulations shall be adopted for both planned development zones prior to any discretionary approvals for these two areas.

 7.        The City Clerk shall cause this Ordinance to be published in the manner required by Government Code 36933.

 8.        This Ordinance shall go into effect thirty (3) days after the date of its passage and adoption.

The foregoing Ordinance was introduced, with first reading waived, by the City Council of the City of Brentwood  at its regular meeting on March 28, 2000, and approved and adopted on _______________________ by the following vote:  

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