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CITY COUNCIL AGENDA ITEM NO. 4

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

RECOMMENDATION 
Waive the second reading and adopt Ordinance 641.

PREVIOUS ACTION 
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. 

ANALYSIS 
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. 


Attachments:
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 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 August 22, 2000, by the following vote: 

AYES:
NOES:
ABSENT:
ABSTAIN: 

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