CITY COUNCIL AGENDA ITEM
Meeting Date: August 22, 2000
Subject/Title: Second Reading and Adoption of Ordinance 641 which approves
RZ99-01 rezoning three (3) assessors parcels, located west of Brentwood
Blvd. and on both sides of Sand Creek Road, from a mix of C-2 (general
commercial) and COB (Commercial/office/business) to PD-40 for a mix of
retail/office and light industrial uses and adds Chapter 17.491 to the
Brentwood Municipal Code for this new planned development zone
Submitted by: Oshinsky/Leana, Community Development Department
Approved by: Jon Elam, City Manager
Waive the second reading and adopt Ordinance 641.
At its meeting on August 8, 2000 the Council waived the first reading
and introduced Ordinance 641 which approves RZ99-01 rezoning these three
assessors parcels and creating the development standards that will be
utilized in developing these properties.
The ordinance has been amended to include self-storage facilities as a
conditionally permitted use within Subarea “B”, only.
Adoption of this Ordinance will enable the developer to prepare his improvement
plans and continue marketing his project.
Ordinance 641 with rezone area maps.
ORDINANCE NO. 641
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
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:
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
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.
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
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
August 22, 2000, by the following vote: