CITY COUNCIL AGENDA ITEM
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
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.
At its meeting of November 14, 2000, the City Council introduced and waived
the first reading of Ordinance 645.
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.
1. Ordinance No. 645
2. Municipal Code Chapter 17.502
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;
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
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
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
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
does hereby ordain as follows:
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.
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.
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.
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;
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
B. This Ordinance shall go into effect thirty (30) days after the date of its
passage and adoption.
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:
and adopted at a regular meeting of the Brentwood City Council on the 28th
day of November 2000 by the following vote: