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CITY COUNCIL AGENDA ITEM NO. 22

Meeting Date: August 22, 2000

Subject/Title: Adoption of Ordinance 643 which approves RZ00-03 prezoning two (2) parcels located at the easterly terminus of Sycamore Avenue to PD-45 in conjunction with the annexation of this area. 

Submitted by: Oshinsky/Leana, Community Development Department.

Approved by: Jon Elam, City Manager



RECOMMENDATION 
Waive the second reading and adopt Ordinance 643.

PREVIOUS ACTION 
At its meeting on August 8, 2000, the Council waived the first reading and introduced Ordinance 643 which approves RZ00-03 prezoning these two parcels to a shell ‘PD’ at a density of 1 to 5 du/ac. with a midrange of 3. 

ANALYSIS 
Adoption of this Ordinance will enable city staff to file a complete application with LAFCO in order to continue the annexation process. 

Attachments:
Ordinance 643 with prezone area maps

ORDINANCE NO. 643

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE MUNICIPAL CODE BY PREZONING CERTAIN PROPERTIES REFERRED TO AS THE BONNICKSON / TAMBELLINI ANNEXATION AREA GENERALLY LOCATED AT THE EASTERLY TERMINUS OF SYCAMORE AVENUE, ALONG THE CURRENT EASTERN CITY LIMIT BOUNDARY LINE, TO PLANNED DEVELOPMENT FORTY-FIVE (PD-45). (APN 016-190-006 & 007)


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 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 29, 2000; and

WHEREAS, on May 2, 2000, the Planning Commission of the City of Brentwood recommended approval of the prezoning (RZ 00-03) of the area within the Bonnickson/Tambellini annexation by passing Resolution 00-29; 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 Bonnickson/Tambellini 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-Five (PD-45) 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 August 22, 2000, by the following vote:

AYES:
NOES:
ABSENT: 

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