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CITY COUNCIL AGENDA ITEM NO.  17

 Meeting Date:           August 8, 2000

 Subject/Title:             Public Hearing:  Rezoning of the Holy Lands off Lone Tree Way

 Submitted by:            Michael Leana, Chief of Planning

 Approved by:             Jon Elam, City Manager

   RECOMMENDATION:

Introduce and waive the first reading of Ordinance XXX rezoning 57.36± acres from shell PD-35 for a mix of office and light industrial uses to PD-48 for retail, office, light industrial and church uses and adding Chapter 17.503 to the Brentwood Municipal Code establishing development standards for the new PD-48.

 PREVIOUS ACTION:

On May 9, 2000, the City Council directed staff to initiate a rezone of the “Holy Land” area in order to accommodate the needs of the New Beginnings Christian Center, while adhering to the City’s General Plan and zoning regulations.  At that meeting, the Council was receptive to staff’s suggestion that all 12 properties in this area be rezoned; this would accommodate the proposed new church as well as making the existing churches legal, conforming uses with Brentwood’s codes.

 At its meeting on July 18, 2000, the Planning Commission recommended approval of the rezoning and also approved the 1st phase construction of the New Beginnings Christian Center.

 BACKGROUND:

Staff formulated development standards for the new PD-48 in order to accommodate the needs of the proposed new church, the existing uses within the area to be rezoned, and to take advantage of the proximity of the Hwy. 4 Bypass.  Thus, permitted uses include retail, office, light industrial and churches.

 Favorable action by the City Council on the rezoning will enable the New Beginnings Christian Center to continue with its development plans.

 Attachment:

Ordinance XXX with location map and PD-48 Development Standards Exhibits.

ORDINANCE NO. _____

 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE (RZ 00-09) OF TWELVE PARCELS TOTALING 57.36± ACRES GENERALLY BOUNDED BY LONE TREE WAY, JEFFREY WAY, SHADY WILLOW LANE AND AMBER LANE FROM SHELL PD-35 FOR LIGHT INDUSTRIAL AND OFFICE USES TO PLANNED DEVELOPMENT FORTY EIGHT (PD-48) TO ALLOW A MIX OF RETAIL COMMERCIAL, OFFICE, LIGHT INDUSTRIAL AND CHURCH USES AND ADDING CHAPTER 17.503 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR THE NEW PD-48 (APN 019-040-043 & 019-032-001 THROUGH 011)

             WHEREAS, the City of Brentwood initiated this rezoning of the subject properties generally located south of Lone Tree Way between Jeffrey Way and Shady Willow Lane down to Amber Lane as shown on Exhibit “A” attached to, and hereby made a part of this ordinance; and

             WHEREAS, an Initial Study and Mitigated Negative Declaration was prepared for this project pursuant to Section 15183 of the California Environmental Quality Act; and

             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

             Whereas, the Planning Commission at its meeting on July 18, 2000 recommended approval of this rezone by passing Resolution 00-51; 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 29, 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 and State CEQA Guidelines:

             1.      The mitigated Negative Declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental quality Act and represents the independent judgment of the City of Brentwood. 

2.      Pursuant to Sections 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 Program EIR.  The mitigated Negative Declaration applies all applicable mitigation 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 of approval of the project, the mitigated Negative Declaration, as well as the EIR for the 1993 General Plan, is adequate for the approval 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.  The City Council has considered all verbal and written comments relating to the mitigated Negative Declaration and finds no significant new information has arisen.

 4.      The proposed rezoning is consistent with the City’s previously expressed intent to accommodate the construction of a new permanent church facility and existing legal, nonconforming uses existing on the properties.

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

6.      The proposed zoning is consistent and compatible with other goals, policies and implementation programs set forth in the General Plan.

            7.      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.

            8.      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.

            9.      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.

            10.  That the natural and scenic qualities of the site will be protected, with adequate available public and private open spaces as development plans are approved.

            11.  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.

             12.  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 mitigated Negative Declaration prepared for the proposed project.

             B.                 Directs staff to file the Notice of Determination with the City Clerk.

              Section 2.

 A.                  Approves the rezoning of the twelve parcels from shell PD-35 for a mix of office and light industrial uses to PD-48 (Planned Development Forty Eight) for a mix of retail, office, light industrial and church uses as reflected on Exhibit “A”.

             B.                 Directs staff to make the necessary change on the City’s official zoning map.

             C.                 Adds Chapter 17.503 to the Brentwood Municipal Code providing development standards for the new PD-48 zoning district as reflected in Exhibit "B”, which is attached to and hereby made a part of this ordinance.


              Section 3.

 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 4.  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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