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CITY COUNCIL AGENDA ITEM NO.19 

Meeting Date:           August 8, 2000

 Subject/Title:             Initiation of the Stolich/Brown Annexation and Prezoning for the annexation

 Submitted by:            Debbie Hill, Assistant Planner

 Approved by:             Jon Elam, City Manager

 RECOMMENDATION:

Pass Resolution 00-XX initiating the annexation application to Lafco of approximately 167 acres, known as the Stolich/Brown Annexation, and introduce and waive the first reading of Ordinance XXX prezoning the area that makes up the annexation. 

PREVIOUS ACTION:

On June 20, 2000, the Planning Commission approved the prezoning of this annexation area to a "shell" planned development, PD-46, for 1 to 5 dwelling units per acre with a mid-range of 3 in accordance with the General Plan Land Use designation of Low Density Residential, and recommended that the City Council adopt an ordinance approving this prezone. 

BACKGROUND:

The subject property is surrounded on three sides by either vacant or agriculturally producing properties.  This total land area consisting of approximately 167 acres includes both the Stolich/Brown parcel and the ECCID irrigation lateral (property which the District owns in fee title) along the easterly boundary of the applicant's property.  Although currently outside the city limits, the site is within the City of Brentwood's Sphere of Influence and is within the County's Urban Limit Line.  Designating the site as low density residential in the 1993 City of Brentwood General Plan reflected the intention that it would become part of the City and would probably be developed within the time frame of the existing General Plan (1993-2010).

 Development of the property within the density range proposed in the prezoning would be consistent with the properties to the south and the west.  Some additional thought will need to be given as to how a buffer may be needed along the property's easterly boundary in order to provide some transition to the agricultural properties that lie outside the Urban Limit Line to the east. 

A Notice of Determination in accordance with CEQA Guidelines (Section 15153(b)(5)) has been prepared for this prezoning and annexation request based upon the 1993 General Plan EIR.  Since the prezoning is intended to simply implement the 1993 land use designation for the property, the impacts associated with this prezoning designation were previously addressed in that EIR.  Additional environmental analysis will be undertaken at the time an actual development plan is submitted for action.

 The Planning Commission, in a 4-0 vote, unanimously recommended that the City Council approve the prezoning designation as indicated. 

Action by the City Council tonight will enable staff to file the annexation application with Lafco for anticipated Lafco action in September or October.  Since this annexation is considered an uninhabited annexation, no public hearing before the City Council will be necessary following action by Lafco.

 Attachments:

Resolution 00-XX with annexation area map

Ordinance XXX with prezone area map

RESOLUTION NO. 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD INITIATING AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISISON (LAFCO) FOR ANNEXATION NO. 00-05, REFERRED TO AS THE STOLICH/BROWN ANNEXATION. 

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

            WHEREAS, the property owners ("Applicant") have applied for approval of an annexation of approximately 167 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 portion of the City's eastern Sphere of Influence adjacent to existing City limit boundary lines.

2.                  It is a desire of the 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. 

WHEREAS, the annexation area is located within area covered by the scope of the 1993 General Plan EIR which was previously prepared and certified by the City of Brentwood in conformance with the provisions of the California Environmental Quality Act and the land use proposed by this application were included within the scope of issues and analyses discussed in said EIR and, therefore, no further environmental review is deemed to be necessary and a Notice of Determination has been prepared for this annexation in accordance with CEQA Guidelines Section 15153(b)(5); 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.  Therefore, no further environmental review is deemed necessary.

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 General Plan EIR 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 General Plan EIR 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 FURTHER RESOLVED that the City Council of the City of Brentwood takes the following actions: 

1.                  Accepts the General Plan EIR 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. A00-05 to LAFCO annexing approximately 160 acres generally bounded by the existing City limits and Sunset Road 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 this 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 8th day of August, 2000, by the following vote:            

                                                           

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 STOLICH/BROWN ANNEXATION AREA GENERALLY LOCATED ALONG THE CURRENT EASTERN CITY LIMIT BOUNDARY LINE TO PLANNED DEVELOPMENT FORTY-SIX (PD-46). 

            WHEREAS, the subject property is adjacent to urban development of varying uses; and 

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

            WHEREAS, the applicants are requesting an amendment to the Municipal Code to prezone the area with the Stolich/Brown Annexation 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 July 28, 2000; and 

            WHEREAS, on June 20, 2000, the Planning Commission of the City of Brentwood recommended approval of the prezoning (RZ  00-07) of the area within the Stolich/Brown annexation by passing Resolution 00-43; 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 prezoning on August 8, 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 prezoning with the goals and policies of the City General Plan, and the Planning Commission recommendation; and 

            WHEREAS, a legal description of the boundaries of the Stolich/Brown Annexation area to be prezoned is outlined and identified in Exhibit "A", which is attached hereto and by this reference incorporated herein; and 

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

1.                  The proposed prezoning 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. 

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 Program EIR for the 1993 General Plan for further public review.  Therefore, the prepared Notice of Exemption is adequate and no further environmental review is necessary.

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 Program EIR reflects the City Council's independent judgment and analysis. 

5.                  The proposed prezoning designation is 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.                  Directs City staff to file a Notice of Determination with the County Clerk.

2.                  Prezones the area outlined in Exhibit "B" to Planned Development Forty-Six (PD-46) for low density residential of 1 to 5 dwelling units per acre with a mid-range of 3 without development standards.

3.                  That specific development standards and regulations shall be adopted for this planned development zone prior to any discretionary approvals for this area.

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

5.                  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 August 8, 2000, and approved and adopted on _______________________, 2000, by the following vote:                                                                                                                                      

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