CITY COUNCIL AGENDA ITEM
Meeting Date: August 22, 2000
Subject/Title: Second reading and adoption of Ordinance 642 rezoning
12 assessors parcels from PD-35 for a mix of professional office and light
industrial uses to PD-48 for a mix of retail, office, light industrial
and church uses and creating development standards for the new PD-48 zone.
Submitted by: Oshinsky/Leana, Community Development Department
Approved by: Jon Elam, City Manager
Waive the second reading and adopt Ordinance 642.
At its meeting on August 8, 2000, the City Council waived the first reading
and introduced Ordinance 642 which approves Rezone 00-09 rezoning 12 parcels
and creating the development standards that will be utilized in developing
Adoption of this ordinance will enable the New Beginnings Christian Center
to continue with its development plans and will make all existing uses
on the properties legal, conforming uses.
Site Map of rezone area.
ORDINANCE NO. 642
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;
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:
A. Approves the mitigated Negative Declaration prepared for the proposed
B. Directs staff to file the Notice of Determination with the City Clerk.
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
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.
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 4. In accordance with Government Code Section 65863.5, upon the
effective date of this Ordinance, a copy shall be delivered to the County
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: