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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: December 12, 2000

Subject/Title: Public Hearing to Change the Prezoning of a portion of SPA ‘H’ (154 +/- acres) and initiate the annexation application of this area to the Local Agency Formation Commission 

Submitted by: Oshinsky/Leana, Community Development Department.

Approved by: Jon Elam, City Manager

RECOMMENDATION:
Introduce and waive the first reading of Ordinance XXX which changes the prezoning designation on 154 +/- acres of SPA ‘H’ from PD-33 for a mix of residential, commercial, public facility, and open space uses to PF (public facility uses), and pass Resolution 00-XXX directing staff to initiate the annexation application with LAFCO.

PREVIOUS ACTION:
The Planning Commission reviewed this proposed change in prezoning at its meeting on December 5, 2000, and unanimously recommended that the City Council adopt the requested change.

The City Council as part of the failed annexation of SPA ‘H’ in 1998, prezoned all of SPA ‘H’ to PD-33 for a mix of residential, commercial, public facility and open space uses. Although the annexation failed, the prezoning remains in effect. The requested prezone change is intended to accommodate the needs and desires of the Liberty Union High School District and the Brentwood Union School District in their attempt to locate a third high school and middle school site, respectively. 

BACKGROUND:
Both a future high school and middle school site are reflected on the 1993 General Plan and the most recent land use map reviewed by the General Plan Working Group. After many months of searching for sites, the two districts have been working with the Strickler family and have agreed on a site in the northeast corner of SPA ‘H,’ immediately adjacent the City limits. Given the lead time it takes to get new school sites approved through the State Board of Education, the two school districts are anxious to acquire the property as soon as possible although they do not have a specific site layout at this time. District representatives have met with the Executive Officer of LAFCO who has suggested this course of action and annexation boundaries.

ANALYSIS:
The subject property, representing approximately one-third of SPA ‘H’ is contiguous to the westerly boundary of the Suncal residential development which is presently under construction. Although the subject property is within the City of Brentwood’s Sphere of Influence, the recent action by the County Board of Supervisors has placed the site outside the Urban Limit Line(ULL.) The fact that school districts are exempt from local planning and zoning laws means they do not have to adhere to the ULL restrictions which enables the City, on behalf of the two school districts, to process this annexation and prezone change.

The two school districts have indicated that their desire for annexing to the City of Brentwood is three fold:

1. The ability to benefit from city police and fire services.

2. To be able to continue the good, cooperative working relationship they have established with the City of Brentwood in planning for and locating future school sites.

3. A proposed change in annexation law, if passed, will prevent cities from extending services outside their corporate limits without LAFCO approval. 
The requested change in prezoning, which limits use of the property to be annexed to public facility uses, only, is intended to reflect that the city’s intent is not to circumvent the ULL restrictions. Based upon recently adopted changes in annexation law, urbanized uses of the property would be excluded for a period of two (2) years from the effective date of the annexation. After this two-year period the City could entertain changes in the requested PF zoning. 

Action by the City Council this evening will enable staff to file the annexation application with LAFCO for an expected hearing date in February, 2001.


Attachments:
Ordinance XXX and Resolution 00-XXX with exhibit maps
Initial Study and Mitigated Negative Declaration 
Letters from the two school districts and property owner.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE MUNICIPAL CODE BY CHANGING THE PREZONING (RZ 00-16) OF 154± ACRES (A PORTION OF SPA ‘H’), LOCATED ALONG THE SOUTH SIDE OF BALFOUR ROAD CONTIGUOUS TO THE EXISTING SUNCAL RESIDENTIAL DEVELOPMENT, FROM PD-33 FOR A MIX OF RESIDENTIAL, COMMERCIAL, PUBLIC FACILITY AND OPEN SPACE USES TO A PUBLIC FACILITY (PF) DESIGNATION (A PORTION OF APN’S 007-010-022, 037 & 038).


WHEREAS, the subject property is contiguous to the existing City limits; and

WHEREAS, the City of Brentwood (“Applicant”) is requesting an amendment to the Municipal Code in order to change the prezone designation of the subject property to Public Facility (PF) in conjunction with the annexation of said property; 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 December 2, 2000 as per City Ordinance and Government Code 650901; and

WHEREAS, the City Council previously certified an Environmental Impact Report (EIR) for the 1993 General Plan and has considered a Mitigated Negative Declaration prepared in conjunction with this annexation and prezone change, and determines that this Mitigated Negative Declaration with the stated mitigation measures will substantially mitigate the identified adverse impacts to a level of insignificance; and

WHEREAS, the Planning Commission has forwarded the prezoning request to the City Council and recommended its approval by passing Planning Commission Resolution 00-85; and

WHEREAS, a legal description of the boundaries of the area proposed for the change in prezoning and identified in Exhibit ‘A’ which is attached hereto and by this reference incorporated herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood finds that:

1. The proposed annexation 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 in 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 measures specified in the Program EIR to the Project and imposed additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the Project, the Mitigation Negative Declaration as well as the Program EIR for the 1993 General Plan is adequate for all approvals 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.

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

5. The proposed annexation reflects a logical extension of the City’s corporate boundaries.


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

1. The City Council approves the Mitigated Declaration with the accompanying mitigation measures and authorizes staff to file the Notice of Determination with the County Clerk.

2. That the City Council does hereby change the prezoning designation of the subject property as outlined in Exhibit ‘A’ attached hereto and made a part of this ordinance from PD-33 for a mix of residential, commercial, public facility and open space uses to Public Facility (PF) uses.

3. The City Clerk shall cause this ordinance to be published in the manner required by Government Code 36933.

4. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

The foregoing Ordinance was introduced, with full reading waived, by the City Council of the City of Brentwood at its regular meeting of December 12, 2000, and approved and adopted on ____________________________, by the following vote:



AYES: 

NOES: 

ABSENT: 

ABSTAIN:

City Clerk

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD INITIATING AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR THE SCHOOL DISTRICT’S ANNEXATION (A PORTION OF SPA ‘H’) (NO. A 00-06). THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF BALFOUR ROAD ADJACENT THE DEVELOPING SUNCAL RESIDENTIAL DEVELOPMENT (A PORTION OF APN’S 007-010-022, 037 & 038).

WHEREAS, the City of Brentwood on behalf of the Liberty Union High School District and the Brentwood Union School District desires to initiate proceedings pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Division 3, commencing with Section 56000 of the California Government Code, for property in the western portion of its planning area; and

WHEREAS, the City of Brentwood (“Applicant”) has applied for approval of an annexation of approximately 154± acres; and

WHEREAS, the reasons for this proposed annexation are as follows:

1. This annexation is a logical and reasonable extension of the corporate limits of the City of Brentwood as it is contiguous to the existing City limits.

2. It is a desire of the City of Brentwood to annex this parcel to the City’s corporate limits at this time in order to accommodate the classroom needs of the two school districts in its attempt to maintain a quality education for all of its students. 

3. The proposal is in conformance with and further implements the goals and policies of the 1993 Brentwood General Plan.


NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood finds that each of the foregoing recitals are true and correct:

1. The proposed annexation 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 in 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 measures specified in the Program EIR to the Project and imposed additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the Project, the Mitigation Negative Declaration as well as the Program EIR for the 1993 General Plan is adequate for all approvals 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.

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

5. The proposed annexation reflects a logical extension of the City’s corporate boundaries.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Brentwood takes the following actions:

1. Adopts the Mitigated Negative Declaration and directs City staff to file a Notice of Determination with the County Clerk.

2. Pursuant to Section 57000 et. Seq. Of the Government Code, the City Council of the City of Brentwood authorizes initiating annexation application No. 00-06 to LAFCO annexing approximately 154± acres (a portion of SPA ‘H’) generally located along the south side of Balfour Road contiguous to the westerly boundary of the developing SunCal residential development.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting of December 12, 2000. 

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