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CITY COUNCIL AGENDA ITEM NO. 15

 Meeting Date:           August 8, 2000

Subject/Title:             Public Hearing:  Rezoning of the Sand Creek Business Park Property

 Submitted by:            Michael Leana, Chief of Planning

Approved by:             Jon Elam, City Manager

RECOMMENDATION:

Introduce and waive the first reading of Ordinance XXX rezoning 14.91± acres from a mix of C-2 (general commercial) and COB (commercial/office/business) to Planned Development Forty (PD-40) to allow a mix of commercial retail/office and light industrial “flex space” uses and adding Chapter 17.491 to the Brentwood Municipal Code establishing development standards for the two subareas within PD-40.

PREVIOUS ACTION:

On June 6, 2000, the Planning Commission recommended approval of this rezoning, along with approving the Design Review of a major portion of the site (the 11± acres on the north side of Sand Creek Road) to allow a mix of office, retail and flex-tech, light industrial uses.

City Council action on the rezoning will allow the developer to begin the development of his project, and create the opportunity to bring additional jobs to Brentwood.

 BACKGROUND:

Staff has worked closely with the developer on the development standards for this new Planned Development, PD-40.  The area has been divided into two subareas; Subarea “A” (north of Sand Creek Road) is intended for major job creating uses - - office and light industrial with just a limited amount of service commercial.  Subarea “B” (south of Sand Creek Road) is intended for retail, office and other compatible uses.

 The only concern raised by the Planning Commission was a preference to not allow mini-storage use along the Sand Creek Road corridor from both an aesthetic; and highest and best economic use of the property rationale.  In addition, the job creation from this type of use is minimal, which is a major emphasis of PD-40.  The developer provided pictures of a mini storage facility in the Tri-Valley Area, whose architecture resembled an office complex.  Based upon this, staff recommended to the Planning Commission that the use be listed as a “conditionally permitted” use in Subarea “B”, only.  The Planning Commission was not convinced and is recommending that mini-storage uses be prohibited in both Subareas “A” and “B”.

ORDINANCE NO. _____

 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE (RZ 99-1) OF THREE PARCELS TOTALING 14.9± ACRES GENERALLY LOCATED WEST OF BRENTWOOD BOULEVARD AND ON BOTH SIDES OF SAND CREEK ROAD FROM A MIX OF GENERAL COMMERCIAL (C-2) AND COMMERCIAL/OFFICE BUSINESS (COB) TO PLANNED DEVELOPMENT (PD-40) TO ALLOW A MIX OF COMMERCIAL, RETAIL/OFFICE AND LIGHT INDUSTRIAL “FLEX SPACE” USES AND ADDING CHAPTER 17.491 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SUBAREAS “A” AND “B” IN THE NEW PD-40.  (APN 110-023, 024 & 028)

             WHEREAS, the applicant has initiated this rezoning of the subject properties generally located west of Brentwood Boulevard north and south of Sand Creek Road as shown on Exhibit “A” attached to, and hereby made a part of this ordinance; and

            WHEREAS, a Mitigated Negative Declaration has been prepared for the development project pursuant to Section 15183 of the California Environmental Quality Act; and

           WHEREAS, the environmental effects of the proposed development project 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

Whereas, the Planning Commission at its meeting on June 6, 2000 approved the first phase of the development and recommended approval of this rezone by passing Resolution 00-36; and

           Whereas, a legal description of the boundaries of the subject properties to be rezoned is outlined in Exhibit “A” which is attached hereto and made a part of this ordinance; and 

             WHEREAS, a duly noticed Public hearing was advertised for this rezoning in the Antioch Ledger Dispatch, on July 25, 2000, and mailed to property owners within 300 feet of the exterior boundaries of the site as required by City ordinance and Government Code Sec. 65090; and   

            WHEREAS, the City Council held a public hearing on the proposed rezoning on August 8, 2000 for the purpose of reviewing the application, considering the Planning Commission’s action, and considering all comments made by the public with respect to this proposed zone 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 project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zone change; and

             WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.450.007 of the City Zoning Ordinance:

            1.                  The proposed rezoning is consistent with the City’s previously expressed intent to stimulate job-generating uses on the subject property.

             2.                  The proposed rezoning is consistent with the existing City General Plan land use designation on the subject property.

             3.                  The proposed zoning is consistent and compatible with other goals, policies and implementation programs set forth in the General Plan which are intended to create a balance between jobs and housing units approaching 1 to 1 within the City.

             4.                  That the subject property regulated as a planned development will clearly result in a more desirable use of land, and a better physical environment than would be possible under any single or combination of zones. 

5.                  That the PD zone proposed is on property, which has a suitable relationship to one or more thoroughfares; and that said thoroughfares are adequate to carry any traffic generated by the development.

            6.                  That the PD designation for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties.

            7.                  That the natural and scenic qualities of the site will be protected, with adequate available public and private open spaces when a development plan is approved.

            8.                  That the development of the subject property will not be detrimental to the public welfare, will be in the best interest of the City, and will be in keeping with the general intent and spirit of the zoning ordinance and with the City’s General Plan, including all relevant elements thereof.

            9.                  The effect of this ordinance on the housing needs of the region surrounding Brentwood has been considered by the City Council, which has balanced those needs against the public service needs of its residents and available fiscal and environmental resources (Government Code 65863.6).

             NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

             Section 1. 

            A.                  Approves the rezoning of APN 016-110-023, 016-110-024 and 016-110-028 from a mix of C-2 (general commercial) and COB (commercial-office business) to PD-40 (Planned Development Forty) for a mix of commercial retail/office and light industrial “flex” uses as reflected on Exhibit “A”.

            B.                 Direct staff to make this zoning change on the City’s official zoning map.

            C.                 Adds Chapter 17.491 to the Brentwood Municipal Code providing development standards for the new PD-40 zoning district as reflected in Exhibit “B”, which is attached to and hereby made a part of this ordinance.

             Section 2.

A.                  This ordinance shall be published in accordance with the 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.                  Publishes the entire Ordinance at least once in the Ledger Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

                      3.                  Publishing a summary of the Ordinance prepared by the City Attorney in the Ledger Dispatch 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.

           B.                 This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption

             Section 3.  In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

             THE FOREGOING ORDINANCE was introduced with first reading waived at a regular meeting of the Brentwood City Council on the 8th date of August, 2000, and adopted at a regular meeting of the Brentwood City Council on ____________________________, by the following vote:                                                           

 

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