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CITY COUNCIL AGENDA ITEM NO.15

Meeting Date:  April 28, 2000

 Subject/Title:    Second reading and adoption of Ordinance 631 approving RZ00-02 prezoning four (4) subareas in the Central Brentwood Annexation area to be consistent with the 1993 General Plan.      

Submitted by:    Mike Leana, Chief of Planning

Approved by:     Jon Elam, City Manager

 RECOMMENDATION        

Waive the second reading and adopt Ordinance 631.

 PREVIOUS ACTION  

At its meeting on March 28, 2000 the Council waived the first reading and introduced Ordinance 631 which approves RZ00-02 prezoning the four subareas within the proposed Central Brentwood Annexation.   

BACKGROUND   

Adoption of this Ordinance will enable City staff to file a complete application with LAFCO in order to continue the annexation process. 

Attachments:

Ordinance 631 with prezone area maps                                               

ORDINANCE  NO. 631

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 (30) 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 April 28, 2000 by the following vote:

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