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 CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: October 9, 2001

Subject/Title: Public Hearing—Annexation and Prezoning of the former Brentwood Rod and Gun Club site, east side of Concord Avenue south of Balfour Road

Submitted by: Oshinsky/Leana, Community Development Department.

Approved by: Jon Elam, City Manager

RECOMMENDATION 
Pass Resolution ___ initiating the annexation of the subject 6+ acres to the City of Brentwood and introduce by waiving the first reading of Ordinance ___ prezoning the site to COB(commercial/office/business.) 

PREVIOUS ACTION 
The former use of this property was terminated as a condition of approval of the Summerset development.

At its meeting on September 18, 2001, the Planning Commission unanimously recommended that the area to be annexed be prezoned to a COB designation which is consistent with the existing land use designations along the west side of existing Concord Avenue (properties that were zoned PD-20 as part of the overall Spanos plan (Suncal) back in the early 1990’s).

ANALYSIS 
The subject property is now owned by the State Route 4 Bypass Authority. According to the latest maps of the Bypass alignment, south of Balfour, most of the site is reflected as part of this alignment although a small part of the southerly part of this parcel may be a remnant once the full “take” is determined. The Planning Commission recommended a COB prezoning designation which would be compatible with the office/business land use designation in the 1993 General Plan and the Office land use designation in the proposed 2001 General Plan for those properties on the west side of existing Concord Ave./future Highway 4 Bypass.

Approval of the prezoning ordinance and the annexation resolution will enable staff to file the annexation application with LAFCO.

Attachments:

Vicinity and Site maps
Resolution ___ initiating the annexation
Ordinance ___ prezoning the parcel, including Exhibit A & B
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 FORMER ROD AND GUN CLUB SITE ANNEXATION (No. A01-04). THE PROPERTY IS GENERALLY LOCATED ALONG THE EAST SIDE OF CONCORD AVENUE ADJACENT THE SUMMERSET DEVELOPMENT. (APN 010-020-004)

WHEREAS, the City of Brentwood desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commending with Section 56000 of the California Government Code, for property in the south central portion of its planning area; 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 infill property.

2. The subject property is bounded on three sides by the existing City limits.

3. The proposal is in conformance with and further implements the goals and policies of the 1993 Brentwood General Plan and the proposed 2001 General Plan Update.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brentwood finds that each of the foregoing recitals and true and correct and directs staff to initiate the appropriate annexation to LAFCO.

1. The proposed annexation as a 1-lot annexation qualifies as a Categorical annexation under Section 15319 of the CEQA guidelines.


2. Pursuant to Section 57000 et. Seq. of the Government Code, the City Council of the City of Brentwood authorizes initiating annexation application NO. A01-04 to LAFCO annexing approximately 6+ acres generally located along the east side of Concord Avenue adjacent the Summerset development.

3. This request for a chance of organization is instituted by the City of Brentwood. All notices to this proceeding should be sent to the City Clerk, 150 City Park Way, Brentwood, CA 94513

4. Annexation of the property does not assure immediate availability of necessary public facilities and services.

5. The Cit of Brentwood and Contra Costa have previously negotiated a property tax exchange agreement for the division of property taxes, accruing from territory annexed to the City, in accordance with Part 0.5 (commending with Sec. 95), Division 1 of the Revenue and Taxation Code of the State of California. If further negotiations are required, the City Manager of the City of Brentwood, or his designated representative, is hereby authorized and directed to undertake such negotiations.

6. The City Clerk shall cause a certified copy of the resolution to be filed with the Executive Officer of the Contra Costa county Local Agency Formation Commission.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on October 9, 2001 by the following vote:

CITY COUNCIL ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE MUNICIPAL CODE BY PREZONING PROPERTY REFERRED TO AS THE FORMER ROD AND GUN CLUB SITE ANNEXATION GENERALLY LOCATED ALONG THE EAST SIDE OF CONCORD AVENUE ADJACENT THE SUMMERSET DEVELOPMENT TO COMMERCIAL/OFFICE/BUSINESS (COB). 
(APN 010-020-004).

WHEREAS, the subject property is adjacent to urban residential development; and
WHEREAS, the City of Brentwood is pursuing annexation of the subject property; and
WHEREAS, the City of Brentwood is proposing an amendment to the Municipal Code to prezone the area as required by Chapter 17.060.008 of the Municipal Code and the Cortese-Knox-Hertzberg Local Government Reorganization act of 2000; 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 Contra Costa Times on September 28, 2001; and

WHEREAS, on September 18, 2001, the planning Commission of the City of Brentwood recommended approval of the prezoning (RZ 01-11) of the area known as the former Rod and Gun Club Annexation by passing Resolution 01-73; and

WHEREAS, the Planning Commission has forwarded the prezoning request to the City Council for action; 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 presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed prezoning with the goals and policies of the City General Plan, and the Planning Commission recommendation; and

WHEREAS, a legal description of the boundaries to be prezoned is outlined and identified in Exhibit “A”, which is attached hereto and by this reference incorporated herein; and

WHEREAS, the City Council of the City of Brentwood makes the following supporting findings for this application:

1. The proposed prezoning has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.
2. Pursuant to Section 15319 of the CEQA Guidelines, the City Council finds that the project qualifies as a Categorical Exemption as it is a 1-lot annexation.
3. The proposed prezoning designation is consistent with the City General Plan.

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

1. Directs City staff to file a Notice of Exemption with the County Clerk.
2. Prezones the area outlined in Exhibit “B” to Commercial/Office/Business (COB).
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 first reading waived, by the City Council of the City of Brentwood at its regular meeting on October 9, 2001 and approved and adopted on ______________ by the following vote:



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