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Meeting Date: May 8, 2001

Subject/Title: Zoning amendment to Planned Development (PD) 38 located north of Lone Tree Way, east of Empire Avenue and west of the Union Pacific Railroad tracks to create commercial development standards

Submitted by: Community Development (Oshinsky/Hill)

Approved by: Jon Elam, City Manager


Introduce and waive the first reading of Ordinance No. _____ approving a zoning amendment to Planned Development No. 38 by adding development standards.


The City Council approved Planned Development No. 38 on July 14, 1998, as part of the northwest annexation. 


The Planning Commission at their April 17, 2001, meeting considered and on a 5 - 0 vote, recommended that the City Council amend the existing Planned Development 38 as shown on the attached map (Exhibit A) to create development standards for future commercial and business park uses in this area. The original PD was created as a ”shell' when the property was annexed by the City in 1998. 

The applicant, McGill Martin Self Inc., would like to receive approval for the creation of these development standards in order to move forward with commercial development plans for this area. 

The project area is designated in the City of Brentwood General Plan as Special Planning Area "F". This special planning area divides this acreage into approximately 50% commercial and 50% industrial uses. The proposed development standards are attached as Exhibit B to the ordinance. These standards are in conformance with the current City of Brentwood General Plan. The proposed draft preferred General Plan for this area provides for a mix of commercial and business park uses. Although a portion of the area designated as Subarea B in the development standards does fall within the area designated for business park uses, the general plan working group has determined that commercial/retail uses would be acceptable for business park areas. Therefore, the development standards as proposed would be in conformance with both the current and draft preferred general plan. 



WHEREAS, the applicant has filed for a zoning amendment to Planned Development Zone 38 to add development standards for this property in order to accommodate future commercial development; and

WHEREAS, on April 17, 2001, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 01-18 which recommended the approval of the amendment to Planned Development No. 38 adding development standards for this property; and

WHEREAS, an Initial Study and Negative Declaration were prepared for this project in accordance with the California Environmental Quality Act and were considered as a part of the review and approval process; and

WHEREAS, the Negative Declaration identified potentially significant environment effects associated with the proposed project which can be feasibly mitigated or avoided, and these project measures are to be included in project conditions of approval for this area and will reduce the impacts identified to a less than significant level; and 

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on April 27, 2001, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; 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 housing 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 Guidelines, 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 the Mitigated Negative Declaration prepared for this project, and all potentially adverse impacts will be 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.

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 1.

Approves the zoning amendment of 101± acres (RZ 01-04) for the area known as Planned Development 38 shown on the map attached as Exhibit A and adopts development standards for this area as designated on Exhibit B attached hereto and made a part of this ordinance.

Section 2.

Chapter 17.488 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 17.488 is hereby known as Planned Development (PD) 38 and added to read as shown on Exhibit B attached and made a part of this ordinance.

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 8th day of May, 2001, and adopted at a regular meeting of the Brentwood City Council on , by the following vote:

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