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CITY COUNCIL AGENDA ITEM NO. 6



Meeting Date: May 8, 2001 

Subject/Title: Waive and second reading and adopt Ordinance No. 665Amendment Relating to the Posting of Legal Notices

Submitted by: Oshinsky/Leana, Community Development Department 

Approved by: Jon Elam, City Manager


RECOMMENDATION 
waive the second reading of Ordinance 665 adding an additional means to notify city residents and the general public of items that require public hearings before the Planning Commission and City Council. 

PREVIOUS ACTION
None

BACKGROUND
This ordinance amendment was initiated by the Planning Commission. 

Although items that require public hearings pursuant to Chapter 17 of the Brentwood Municipal Code (the Zoning Ordinance) appear in the legal notice section of our local newspaper and are sent to all record owners of property within 300 feet of a proposed project a minimum of ten (10) days before an item is heard, the City Council continues to hear from residents and property owners that “I just found out about this project” and/or “I was told by my realtor or someone in the city that the vacant land next to my property would remain in open space forever.”

In an attempt to keep residents, potential residents and land owners better informed of proposed projects within the City, the Planning Commission asked staff to amend the ordinance to accomplish this objective. At its meeting on April 3, 2001, the Planning Commission unanimously approved this recommended ordinance change.

ANALYSIS
After listening to some recent resident comments on a public hearing item staff thought it might be more appropriate to reflect the existence of projects early on in the process instead of waiting 10 to 20 days before an item will be heard. Consequently, what is being proposed is to erect readable signs on the site of a proposed project at the time of project submittal; the sign(s) must be up prior to staff determining that an application is complete. Then, once the hearing date has been set, the applicant would be required to add the hearing date information to the sign(s). 

Erecting the sign(s) early on would enable those who have questions on the project to call the staff planner for information, and if they so desired, come into the office to review the plans and add their comments as part of the review process.

The developer/applicant would be required to maintain the sign(s) in decent shape, and remove them at the start of construction or when discretionary approvals have expired. The actual content on the sign would include a description of the nature of the action being considered with our telephone number visible from the adjacent street(s).

Chapter 17.800.009 in the attached ordinance has been modified to reflect how the new project notice would be implemented. 

Attachment:
Ordinance

ORDINANCE NO. 665


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTER 17.800.009 OF THE BRENTWOOD MUNICIPAL CODE BY ESTABLISHING ADDITIONAL NOTICE FOR PUBLIC HEARING ITEMS.


WHEREAS, it is the desire of the City of Brentwood to encourage resident comment and input on items that require public hearings; and

WHEREAS, due to the continual growth and expansion of the City’s boundaries the changing landscape continues at a brisk pace; and

WHEREAS, it is the desire of the City of Brentwood to keep it’s citizens informed of such changes that may affect their daily activities before development commences; and

WHEREAS, the existing methods of notification for public hearings on new projects appear to not achieve the desired affect; and

WHEREAS, the City of Brentwood desires to reach more residents at an earlier stage of the process in order to extend to them the opportunity to provide their comments and input at the time of project initiation; and

WHEREAS, prospective residents are continuously considering Brentwood as a place to live, and the City of Brentwood desires to make these prospective residents aware of potential projects on vacant property that may be adjacent to a residential subdivision in which they are considering to purchase a home; and

WHEREAS, a public hearing notice was placed in the Antioch Daily Ledger on April 13, 2001 for this ordinance amendment as required by Government Code Section 65090 and City codes; and

WHEREAS, this ordinance amendment is classified as not a “project” under the California Environmental Quality Act (CEQA); and

WHEREAS, the Planning Commission has recommended approval of this Ordinance Amendment with passage of Resolution 01-17 at its regular meeting on April 3, 2001; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed amendment on April 24, 2001 for the purpose of reviewing this amendment, the Planning Commission recommendation, and considered all public testimony with respect to the amendment; and

WHEREAS, the City Council of the City of Brentwood makes the following finding per the Brentwood Municipal Code associated with this amendment.

This amendment is consistent with the General Plan, is appropriate for the public interest, is intended to improve communication with City residents, and will not adversely affect the Brentwood community.

NOW, THEREFORE, the City Council of the City of Brentwood ordains as follows: (added text underlined, deleted text stricken):

Section 1.

Section 17.800.009(C) is hereby amended as follows:

C. At the time of project submittal and before an application may be deemed “complete” (pursuant to the State Permit Streamlining Act) by City Staff, the project applicant shall erect on site a sign(s) that identifies their proposed project. The following standards shall be adhered to:

1. The sign shall be 4’ x 8’, unless another size is determined appropriate by the Community Development Department Director.

2. The sign(s) shall be erected adjacent to each public right of way street frontage that the project site abuts, but shall not create sight distance problems along the adjacent rights-of-way.

3. The actual text on the sign shall include a description of the nature of the action being considered, the appropriate City Hall phone number to call for questions on the proposed project, and be readable from the adjacent right-of-way.

4. The project applicant shall be responsible for maintaining the sign(s) in a satisfactory condition, and for adding a hearing date when that has been determined by the City.

5. The project applicant shall remove all sign(s) at the start of project construction or when project approvals have expired, whichever comes first.

Section 2.

Subsections C. D. and E. of Section 17-800.009 are hereby re-lettered as follows:

D. C Alternative or additional notice may also be given pursuant to Section 65091 of the Government Code.

E D. All mailing or publication shall be accomplished at least ten (10) days prior to the Public Hearing.

F. E. The failure of any person to receive notice required by this Section, shall not affect the authority of the City to act on a matter before it provided proper notice has been found to be given.

1. This Ordinance amendment shall be published in accordance with applicable law, by one or more of the following methods:

A. 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

B. 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

C. 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.

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


THE FOREGOING ORDINANCE was introduced with first reading waived at a regular meeting of the Brentwood City council on the 24th day of April 2001, and adopted at a regular meeting of the Brentwood City Council on the 8th day of May, 2000, by the following

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