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CITY COUNCIL AGENDA ITEM NO. 03

Meeting Date: November 28, 2000 

Subject/Title: Second reading and adoption of Ordinance 645 to rezone (RZ 00-08) 36.33 acres from PEC Zone to PD-47 Zone. 

Submitted by: Oshinsky/Zilm 

Approved by: Jon Elam, City Manager

RECOMMENDATION
Waive the second reading and adopt Ordinance 645, as presented, approving the rezoning of 36.33 acres from Planned Employment Center (PEC) to Planned Development No. 47 (PD-47) by adding Chapter 17.502 to the Brentwood Municipal Code which establishes Development Standards for Subarea “A” of PD-47 Zone. 

PREVIOUS ACTION
At its meeting of November 14, 2000, the City Council introduced and waived the first reading of Ordinance 645. 

BACKGROUND
The Planning Commission at their July 18, 2000 meeting considered and on a 4 – 0 – 1 vote recommended that the City Council rezone 36.33 acres from a PEC Zone to a PD-47 Zone and add Chapter 17.502 to Brentwood Municipal Code establishing development standards for Subarea “A” of PD-47 Zone. The Council at its November 14, 2000 meeting approved the rezone and the establishment of development standards for Subarea “A” with the follow change:

1. Allow drive-thru access to supportive services with a Conditional Use Permit. 

Attachments:
1. Ordinance No. 645
2. Municipal Code Chapter 17.502 

ATTACHMENT “1”


ORDINANCE NO. 645


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE REZONE (RZ 00-08) OF 36.33 ACRES GENERALLY LOCATED WEST OF WALNUT AVENUE AND SOUTH OF KIRKMAN ROAD FROM PLANNED EMPLOYMENT CENTER (PEC) TO PLANNED DEVELOPMENT FORTY-SEVEN (PD-47) AND ADDING CHAPTER 17.502 TO THE BRENTWOOD MUNICIPAL CODE, WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR PD-47 (APN: 010 550 070).


WHEREAS, the applicant has requested that the City Council rezone property located west of Walnut Avenue and south of Kirkman Road as shown on Attachment 6 attached to and hereby made a part of this ordinance; and

WHEREAS, the environmental effects of this proposed action have been addressed in a previously approved Mitigated Negative Declaration for TSM 8199 and 8200, 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 July 18, 2000, recommended approval of the requested rezone by passing Resolution No. 00-48; and

WHEREAS, a duly noticed public hearing was advertised in the Ledger-Dispatch on August 11, 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 22, 2000 and November 14, 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 17.870.008 of the City Zoning Ordinance:

1. The proposed rezoning is consistent with the City’s Zoning Ordinance and the City Council’s previously expressed intent to stimulate job generating uses within the City.

2. The proposed rezoning 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 hosing units approaching 1 to 1 within the City.

3. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City and is consistent with the general intent and spirit of the Zoning Ordinance and with the City’s General Plan, including all relevant elements thereof.

4. 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).

5. Pursuant to Section 15168 ( c) and 15162 of the CEQA Guideline 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 environmental effects of this proposed action have also been addressed in a previously approved Mitigated Negative Declaration for TSM 8199 and 8200 and all potentially adverse impacts have been conditioned to render the impact to a level of less than significant.

6. 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.

7. 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 Mitigated Negative Declaration reflects the City Council’s independent judgment and analysis. 

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. 

Approves the rezoning of 36.33 acres (RZ 00-08) from Planned Employment Center (PEC) to Planned Development Forty-seven (PD-47) as reflected on Attachments “1” and “2” and directs City staff to make the necessary change on the official zoning map of the City.

Section 2.

Chapter 17.502 is hereby added to the Zoning Ordinance for the purpose of regulating certain real property and establishing development standards for the project.

Section 3.

Chapter 17.502 is hereby know as Planned Development (PD) 47 and added to read as shown in Attachment “2” attached and made a part of this resolution.

Section 4.

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 5.

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 the first reading waived at a regular meeting of the Brentwood City Council on the 14th day of November, 2000 by the following vote:

AYES: 
NOES: 
ABSENT: 
ABSTAIN:


and adopted at a regular meeting of the Brentwood City Council on the 28th day of November 2000 by the following vote:

AYES: 
NOES: 
ABSENT: 
ABSTAIN:

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