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Meeting Date: October 9, 2001

Subject/Title: Public Hearing for zoning amendment to Planned Development 42 located west of Brentwood Boulevard and south of Sand Creek Road

Submitted by: Oshinsky/Hill (Community Development Department)

Approved by: Jon Elam, City Manager

The Planning Commission recommends that the City Council introduce and waive the first reading of Ordinance No. ___ approving a zoning amendment to Planned Development 42, which establishes development standards for Subarea C of this zone.

Planned Development 42 was approved by the City Council on October 12, 1999. With the Central Annexation this PD was subsequently amended adding additional acreage. At its June 26, 2001, meeting, the City Council again amended this PD adding development standards for a portion of this zoning area.

The project area is designated in the City of Brentwood General Plan as Special Planning Area "B". This special planning area divides this acreage into approximately 55% commercial, 14% industrial and 31% medium density residential uses as a result of the 1998 Housing Element update. The proposed development standards for Subarea C 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 update for this area provides for a mix of commercial, business park and medium density residential uses. Therefore, the development standards proposed would be in conformance with both the current and draft preferred general plan.

The applicant, CP Management, LLC, would like to receive approval for the creation of specific development standards in order to move forward with commercial development plans for the area identified as Subarea C of PD-42 (shown on the map attached to the Ordinance), which is proposed for Denny's and Microtel Inn and Suites. The conditional use permits for these two projects have been conditionally approved by the Planning Commission pending this rezone approval by Council.




WHEREAS, the applicant has filed for a zoning amendment to Planned Development Zone 42 to add development standards for Subarea C for this property in order to accommodate future commercial development; and

WHEREAS, on September 18, 2001, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 01-68 which recommended the approval of the amendment to Planned Development No. 42 adding development standards for Subarea C of this planned development; 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 September 28, 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 2.

Approves the zoning amendment for the area known as Planned Development 42 shown on the map attached as Exhibit A and adopts development standards for Subarea C of this area as designated on Exhibit B attached hereto and made a part of this ordinance.

Section 3.

Chapter 17.493 of the Zoning Ordinance known as Planned Development 42 is hereby amended for the purpose of regulating certain real property and establishing development standards for the project 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 9th day of October, 2001, and adopted at a regular meeting of the Brentwood City Council on ____________________________, by the following vote:

Exhibit A -- PD-42 Subarea Map
Exhibit B -- Chapter 17.493 PD-42 Development Standards



A. The following regulations shall apply to Subarea A of the PD-42 zone:

Minimum Lot Area - 2 acres
Minimum Lot Width - 100 feet
Minimum Street Frontage Setback - 18 feet
Minimum Non Street Frontage Setback - 0 feet
Maximum Building Height - 2 Stories and/or 30 feet

B. The following regulations shall apply to Subarea C of the PD-42 zone:

Minimum Lot Area - 0.75 acres
Minimum Lot Width - 89 feet
Minimum Street Frontage Setback - 10 feet minimum, with an average setback of 20 feet along Brentwood Boulevard, 20 feet minimum on all other street frontages
Minimum Non Street Frontage Setback - 0 feet
Maximum Building Height - 3 Stories and/or 45 feet

C. Regulations for lot area, yards, height, and related matters for Subareas B and D through I shall be determined by amendment to these planned development guidelines prior to and/or in conjunction with submittal of a development plan.

D. Other Regulations:

1. Advertising Signs. All signs shall be subject to Chapter 17.640 of the Brentwood Municipal Code.

2. Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 of the Brentwood Municipal Code.

3. Accessory structures shall be permitted pursuant to the provisions of Chapter 17.660.

4. Security Measures. All facilities shall provide security measures in accordance with City standards and subject to design review approval.

5. Energy Conservation. All facilities shall, to the greatest extent possible, incorporate energy conservation measures in conformance with City standards and subject to design review approval.

6. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure.

7. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures with exterior surfaces that are compatible with adjacent buildings and that adhere to City standards and specifications.

8. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of the Brentwood Municipal Code.

9. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.

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