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CITY COUNCIL AGENDA ITEM NO. 04

Meeting Date: March 13, 2001

Subject/Title: Second reading and adoption of Ordinance 660 for the Rezoning (RZ 01-01) of 2.544 acres from PD-6 for High Density Residential to PD-6 for Regional Commercial.

Submitted by: Mitch Oshinsky, Community Development Director/Erik Nolthenius, Associate Planner

Approved by: Jon Elam, City Manager



RECOMMENDATION 
Waive the second reading and adopt Ordinance 660.

PREVIOUS ACTION
At its meeting on February 27, 2001, the City Council waived the first reading and introduced Ordinance 660 which approves Rezone 01-01, rezoning 2.544 acres from PD-6 for High Density Residential to PD-6 for Regional Commercial.

ANALYSIS
Adoption of this ordinance will enable the project site to be incorporated into a proposed neighborhood shopping center to be located on an approximate 20-acre parcel directly west and southwest of the project site.


ATTACHMENTS
· Ordinance No. 660

ORDINANCE NO. 660

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REZONING A 2.544-ACRE SITE FROM PD-6 FOR HIGH DENSITY RESIDENTIAL TO PD-6 FOR REGIONAL COMMERCIAL, LOCATED ON THE SOUTH SIDE OF SAND CREEK ROAD, APPROXIMATELY 300 FEET WEST OF HIGHLAND WAY (RZ 01-01) AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR SAID PROJECT (A PORTION OF APN 019-110-041).

WHEREAS, the City of Brentwood has received a rezoning request from the Vasco Group L.P. to amend a portion of Planned Development District No. 6 (PD-6); and

WHEREAS, the rezoning request is consistent with the goals and policies of the City of Brentwood General Plan; and

WHEREAS, at a public hearing held at its meeting of February 20, 2001, the Planning Commission recommended approval of the rezoning request to the City Council by adopting Resolution No. 01-08; and

WHEREAS, a legal description of the boundaries of the area to be rezoned is outlined in Exhibit “A”, which is attached hereto and made a part of this ordinance; and

WHEREAS, the environmental effects of this proposed action have been addressed in a Mitigated Negative Declaration, which has been recommended for approval; and

WHEREAS, the Mitigated Negative Declaration considered a full range of potentially significant impacts and, with the inclusion of mitigation measures identified in the Initial Study, no significant impacts will remain; and

WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on February 1, 2001, and ended on February 20, 2001; and

WHEREAS, a duly noticed public hearing was advertised in the Ledger-Dispatch on February 16, 2001, and mailed to property owners within 300 feet of the site as required by City Ordinance and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed rezoning on February 27, 2001, 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 rezoning; 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 Planning Commission recommendation, 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 rezoning; 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 and State CEQA Guidelines:

1. The requested rezoning amendment is consistent with the goals and policies of the City’s Community Development Plan, including all relevant elements thereof; and

2. The proposed zoning amendment will facilitate development of a neighborhood shopping center that will serve the surrounding residential area; and

3. The conceptual plan for the proposed neighborhood shopping center represents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties; and

4. The proposed commercial zoning is located on property which has a suitable relationship to planned roadways that will be adequate to accommodate traffic generated by the neighborhood shopping center; and

5. Development of the property with commercial uses will not be detrimental to the public welfare and will be in the best interest of the City; and

6. 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); and

7. The Mitigated Negative Declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

8. The Initial Study has evaluated potential project specific impacts to the environment. Based upon this evidence and the Mitigated Negative Declaration, the City Council finds that the project will not have any significant environmental impacts. Therefore, since the mitigation measures are incorporated as conditions of approval of the project, the Mitigated Negative Declaration is adequate for the approval relating to the project; and

9. 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 and finds no significant new information has arisen.

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

Section 1.

A. Approves the Mitigated Negative Declaration prepared for the proposed project.

B. Directs Staff to file the Notice of Determination with the County Clerk.

Section 2.

A. Approves the rezoning amendment of 2.544 acres (RZ 01-01) from PD-6 for High Density Residential to PD-6 for Regional Commercial as reflected in Exhibit “A”.

B. Directs Staff to make the necessary change on the zoning map for PD-6.

Section 3.

A. This Ordinance shall be published in accordance with the 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 the first reading waived at a regular meeting of the Brentwood City Council on the 27th day of February, 2001, and adopted at a regular meeting of the Brentwood City Council on the 13th day of March, 2001, by the following vote:
AYES: 

NOES: 

ABSENT: 

ABSTAIN: 

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