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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: October 10, 2000

Subject/Title: Second reading of Ordinance No. 649, establishing an agricultural overlay zone within Planned Development (PD) 35, from Lone Tree Way south to the East Bay Municipal Utility District right of way, and from Fairview Avenue west to one parcel width west of Windy Springs Lane.

Submitted by: Mitch Oshinsky, Community Development Director

Approved by: Jon Elam, City Manager

RECOMMENDATION
Waive second reading and adopt Ordinance No. 649. 

PREVIOUS ACTION
On September 26, 2000, the City Council held a public hearing, introduced and waived first reading of Ordinance No. 649. 

BACKGROUND
At the time of the Northwest Annexation, a number of property owners expressed the desire to continue the agricultural operations which have been in existence on their parcels prior to annexation. The zoning in place for this area (shown on Exhibit A, attached to Ordinance No. 649), under the County, prior to annexation was General Agriculture (A-2) which allowed the keeping of animals and livestock without limit. The Brentwood Zoning Ordinance in Chapter 17.670 limits animals to 2 large or 4 small livestock, or 24 small animals, which is below the number allowed in the County A-2 Zone, and below the number of animals kept by certain property owners in this area.

Subsequent to the annexation, a number of the property owners in this area submitted a petition (attached) to the City requesting retention of their agricultural operations which were in existence at the time of annexation.

Working with some of the residents and the City Attorney, I have crafted an Agricultural Overlay Zone for the specific area mapped on Exhibit A to the attached Ordinance. The text contained in the Ordinance will retain the preexisting agricultural rights of these property owners. 

On August 29, 2000, the Planning Commission adopted Planning Commission Resolution No. 00-65 (attached), recommending City Council approval of the amendment.

On September 26, 2000, Council directed staff to change the minimum lot size under these provisions from 1 acre to 40,000, to better facilitate residents who may lose lot area to future street widenings. That change has been made in the attached Ordinance.




ORDINANCE NO. 649 


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FOR AMENDMENT OF REZONE 96-7, AMENDING A PORTION OF PLANNED DEVELOPMENT (PD) ZONE 35 TO ESTABLISH AN AGRICULTURAL OVERLAY ZONE, AND AMENDING THE BRENTWOOD MUNICIPAL CODE TO ADD SECTION 17.485.001 (PD 35 AGRICULTURAL OVERLAY ZONE).

WHEREAS, certain lands in the area south of Lone Tree Way and west of Fairview Avenue were recently annexed into the City of Brentwood; and

WHEREAS, a portion of those lands were zoned by the City upon annexation as Planned Development (PD) 35; and

WHEREAS, those lands specifically in the area from Lone Tree Way south to the East Bay Municipal Utility District right of way, and from Fairview Avenue west to one parcel width west of Windy Springs Lane were designated at the time of annexation as residentially zoned, in conformance with the General Plan Land Use Designations of Ranchette Estate and Low Density Residential in place for this area; and 

WHEREAS, at the time of annexation, a number of property owners in this area expressed the desire to continue the agricultural operations which have been in existence on their parcels prior to annexation; and 

WHEREAS, the City Council directed the Community Development Director to work with these residents to ensure the continuance of their agricultural operations; and

WHEREAS, the zoning in place for this area under the County, prior to annexation was General Agriculture (A-2) which allowed agricultural operations, including the keeping of animals and livestock; and

WHEREAS, the Brentwood Zoning Ordinance in Chapter 17.670 regulates the keeping of animals, and limits animals to 2 large or 4 small livestock, or 24 small animals, and these limits are below the number of animals allowed in the County A-2 Zone, and below the number of animals kept by certain property owners in this area; and

WHEREAS, a number of the property owners in this area have submitted a petition to the City requesting retention of their agricultural operations which were in existence at the time of annexation; and 

WHEREAS, the Planning Commission conducted a duly noticed public hearing, considered public comment and passed Resolution 00-65 recommending approval of the proposed Amendment of Rezone 96-7, at its meeting on August 29, 2000; and


WHEREAS, this amendment is found to be categorically exempt from the California Environmental Quality Act (CEQA) as a minor alteration in land use limitations; and 

WHEREAS, a Notice of Public Hearing for this amendment was legally advertised in the Ledger Dispatch on September 15, 2000, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code 65090; and

WHEREAS, a map of the boundaries of the subject property to be amended is outlined in Exhibit A which is attached hereto and made a part of this ordinance; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed rezone amendment on September 26, 2000, for the purpose of reviewing the amendment and the Planning Commission’s recommendation; 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, the Planning Commission recommendation, and all other pertinent documents and associated actions regarding the proposed amendment; and 

WHEREAS, the City Council of the City of Brentwood makes the following finding per the Brentwood Municipal Code associated with this rezone amendment as follows:

This amendment is consistent with the General Plan and other applicable City plans, and is appropriate to the public interest, in that it helps retain the rural and agricultural heritage of this area, as called for in the General Plan.

NOW, THEREFORE, the City Council of the City of Brentwood ordains as follows:

Section 1. The subject area as described above and as shown on the attached map as Exhibit A, is hereby amended from PD-35 to the PD 35 Agricultural Overlay Zone, and Section 17.485.001 is hereby added to the City of Brentwood Municipal Code as follows: 

17.485.001 PD 35 AGRICULTURAL OVERLAY ZONE

A. There is hereby established within the PD 35 Zone an Agricultural Overlay Zone. This Overlay Zone allows certain land uses with limitations per Section 17.485.001. B. through E., below, in addition to the land uses permitted by the PD 35 Zone Planning Strategies. The area of this Overlay Zone is defined as from Lone Tree Way south to the East Bay Municipal Utility District right of way, and from Fairview Avenue west to one parcel width west of Windy Springs Lane.

B. Permitted Uses in the Agricultural Overlay Zone:

For parcels with a minimum lot size of 40,000 square feet, and which had existing agricultural operations at the time of annexation to the City, the permitted uses include: agricultural operations; farming; raising, keeping, dairying, poultry raising, animal breeding, and/or livestock production of more than 24 fowl, rabbits, other grain fed rodents, or 4 large livestock, or 30 small livestock; up to an additional 2 large livestock or 15 small livestock shall be permitted for every additional 20,000 square feet of lot area above the 1 acre; aviaries; one single family dwelling; and other similar uses as determined by the Community Development Director. 

C. Conditionally Permitted Uses in the Agricultural Overlay Zone:

For parcels with a minimum lot size of 40,000 square feet, and which had existing agricultural operations at the time of annexation to the City; the conditionally permitted uses include: riding academies; stables; dog kennels (up to 20 dogs); canneries; wineries; agricultural stands; U-pick operations; processing of agricultural products; and other similar uses as determined by the Community Development Director.

D. Prohibited Uses in the Agricultural Overlay Zone:

Slaughterhouses, fertilizer yards, bone yards, rendering plants, or any other industrial use which may be objectionable due to odor, smoke, dust or fumes.

E. Definitions and Other Regulations:

For the purposes of this Chapter, the provisions of Chapter 17.670 shall be applicable to the keeping of animals in this Zone. Except that the number of animals permitted shall be pursuant to Section 17.485.001.B. and C. above, rather than Section 17.670.005.A.

Section 2. Directs that the City of Brentwood Zoning Map be changed to reflect the above action.

Section 3.

A. This Ordinance shall be published in accordance with 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. Publishing 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 Assessor.

THE FOREGOING ORDINANCE was introduced with first reading waived at a regular meeting of the Brentwood City Council on the 26th day of September, 2000, and adopted at a regular meeting of the Brentwood City Council the 10th day of October, 2000, by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:

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