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CITY COUNCIL AGENDA ITEM NO. 04


Meeting Date: August 5, 2002

Subject/Title: Public Hearing for an appeal of an Environmental Impact Report, an amendment to PD-51 Zone, Tentative Subdivision Map No. 8551, Design Review No. 01-30, and a Development Agreement for Arcadia Development’s Mixed Use Project at the intersection of Lone Tree Way and Heidorn Ranch Road.

Submitted by: Community Development Department (Oshinsky/Zilm) 

Approved by: John Stevenson, City Manager


RECOMMENDATION
It is recommended that the City Council take the following action:

1. Pass a Resolution upholding the Planning Commission’s approval and deny the appeal of the Arcadia Development’s Mixed Use Project 

2. Waive the first reading and introduce an Ordinance approving an amendment to Planned Development (PD) Zone No. 51 by adding development standards for the Arcadia Mixed Use Project

3. Waive the first reading and introduce an Ordinance approving the Development Agreement between the City of Brentwood and Arcadia Development. 

PREVIOUS ACTION
The City Council approved a shell PD Zone No. 51 on November 27, 2001 as part of the General Plan Update. 

BACKGROUND
An Environmental Impact Report was prepared for the Arcadia Mixed Use Project and all of the suggested mitigation measures were included as conditions of approval for this project by the Planning Commission. A copy of the Environmental Impact Report is available for viewing at the City Clerk’s Office and the Community Development Department.

A Development Agreement between the City of Brentwood and Arcadia Development was presented to the Planning Commission at its July 2, 2002 meeting. After reviewing the agreement the Commissioners recommended that the agreement be forwarded to the City Council for approval. An ordinance to approve the Development Agreement is attached to this staff report.

On July 9, 2002 the City of Brentwood received an appeal letter from the Law Offices of Miller, Starr and Regalia who represent West Coast Home Builders. West Coast Home Builders appealed the decision of the Planning Commission to approve EIR, Tentative Subdivision Map, Design Review and the Development Agreement for the Arcadia Mixed Use Project. 

APPEAL POINT:
An appeal letter, dated July 9, 2002, was received from Miller, Starr and Regalia representing West Coast Home Builders (Seeno) which is developing the 244 unit condominium project on the southwest corner of Lone Tree Way and Heidorn Ranch Road in Antioch. The appellant claims that the Planning Commission failed to satisfy CEQA and determine the Arcadia Project’s percentage of traffic impacts on Heidorn Ranch Road, their resulting fair share of the cost of their improvements, and to stipulate a reasonable timeframe for the completion of these improvements.

Staff’s Response:

Numerous meetings were held over the past year between the staff from Brentwood and Antioch, developers on both sides of the road and design consultants for the purpose of determining the fair share cost breakdown of the improvements to Heidorn Ranch Road between West Coast Home Builders and Arcadia Development. The results of those meetings are listed below:

• Both developers will share one-half of the cost of design and construction of roadway, median landscaping and joint trench costs, including undergrounding of existing overhead lines that are located on the west side of the existing roadway.

• Each developer will pay for their respective city’s wet utilities (water, sewer, etc.)

• The traffic signal at Lone Tree Way and Heidorn Ranch Road will be split with Antioch’s developer’s share to be 75% and Brentwood’s developer paying 25%.

• Since two traffic signals on Heidorn Ranch Road south of Lone Tree Way and EBMUD are for Arcadia Development entrances, they will be paid for completely by Arcadia.

The current schedule calls for construction of Heidorn Ranch Road by Seeno in the Fall of 2002 or Spring of 2003. Brentwood is requiring Arcadia to reimburse Seeno for 90% of their cost as outlined in the cost estimate provided to the City of Antioch within 60 days of opening the road to two-way traffic. This requirement is contingent upon Arcadia having secured project entitlement from the City Council by that time. The final 10% will be due and payable upon Antioch’s acceptance of the improvements.

The above information was put into letter form by Brentwood’s City Engineer and sent to the City of Antioch for their review and approval to memorialize the cost sharing on Heidorn Ranch Road and alleviate any further confusion on what each developer’s responsibility is for construction and financing. 

Staff feels that all CEQA requirements have been very thoroughly completed and fully analyzed and that the impacts and the fair share cost of the improvements for this project have been addressed and therefore the appeal has no merit.

The Planning Commission at its June 26, 2002 meeting considered and on a 3 – 0 vote, recommended that the City Council amend the existing shell PD Zone No. 51, creating development standards for the Arcadia Mixed Use Project. The proposed standards are as follows (as shown on the attached Subarea map):



DEVELOPMENT STANDARDS:

1. Subarea A: This area consist of the northern approximately 51 acres and is intended for the development of a major retail center to meet the retail and commercial needs of residents of Brentwood and the region. Other uses consistent with the Regional Commercial General Plan land use designation may be allowed provided that they are found compatible with the primary use. 

2. Subarea B: This area consist of the southern approximately 24 acres and is intended primarily for the development of one or a combination of the following uses: retail, office, light industrial, and very high density residential. Other uses consistent with the Business Park General Plan land use designation may be allowed provided that they are found compatible with the primary use. 

PERMITTED USES

Subarea A: The following uses shall be permitted within Subarea A, all uses shall be conducted indoors unless otherwise permitted:

1. Large-scale regional retail sales uses including by way of example but not limited to big-box, factory outlet, discount and similar retail uses requiring or best suited for operation within a warehouse type facility; large department stores; and large-scale general merchandise, sporting goods, home furnishings, home improvement and building materials (with or without lumber sales), home appliances, nursery, garden supply, hardware, electronics, office supply, and off-site liquor sales stores; large-scale book, video, music and toy stores; large-scale pet and pet supply stores including on-site veterinary clinics but not kennels; and large-scale automobile, motorcycle, recreational vehicle and boat parts and accessory stores; and similar establishments. 

Outdoor display and/or sale of merchandise shall be permitted within an area approved by the property owner and designated and in accordance with standards specified in a design and site development review approval pursuant to Chapter 17.820. Outdoor display and/or sale within an area so designated on a sidewalk which fronts a building is permitted at all times. Temporary display and/or sale within an area so designated on parking area adjacent to a store shall be limited to six (6) events per year for a maximum of fifteen (15) days per event, except for the period from November 15 through December 31, when the duration may be forty-six (46) days. Temporary parking lot display and/or sale areas shall not be designated for any retail user, which occupies less than 20,000 square feet of building space.

2. General retail sales1 including by way of example but not limited to junior department stores; supermarkets; drugstores; general merchandise, sporting goods, home furnishings, home improvement, home appliance, nursery, garden supply, hardware, electronics, office supply and off-site liquor sales stores; book, video, music and toy stores; pet and pet supply stores including on-site veterinary clinics but excluding kennels; and automobile, motorcycle, recreational vehicle and boat parts and accessory stores;2 and similar establishments. 

Temporary outdoor display and/or sale of merchandise shall be permitted only on sidewalks that front buildings, within an area approved by the property owner and designated and in accordance with standards specified in a design and site development review approval pursuant to Chapter 17.820. Sales and display areas are to cover no more than 50% of the sidewalk area in front of a retailer’s building or unit, and are to be maintained in an attractive, neat and clean appearance. Outdoor displays and/or sales are permitted only for up to six (6) ten (10) day periods per year. 

3. Specialty merchandise and convenience sales including by way of example but not limited to specialty foods, delicatessen, bakery, pastry, candy, ice cream, butcher, meat market, wine, tobacco, apparel and accessory, jewelry, cosmetics, gift, stationery, shoe, kitchenware, hobby and specialty interest stores, and similar establishments.

4. Eating, drinking and entertainment establishments including by way of example but not limited to full-service, sit-down restaurant establishments, including restaurants with an on-site liquor sales license; convenience restaurants such as sandwich shops; video arcades; indoor movie theatre; bowling alley; skating rink; and similar establishments.

5. Commercial services including by way of example but not limited to barber shop, beauty shop, hair salon, laundry, dry cleaning, laundromat, electronic, appliance, watch and clock repair, health club, recreation club, reducing studio, tanning studio, small equipment rental and repair, real estate sales and rental, title and escrow services, architectural, engineering, legal and accounting services, insurance agency, employment agency, out-patient medical, dental and optical services, technology access center, telecommuting center, addressing and mailing service, blueprinting, photostating and desk top publishing service (other than a printer or lithographer), drafting service, messenger service, stenographic service, answering service, telegraph office, private postal box service, travel agency, bank branch, ATM facility, and similar establishments. 

6. Commercial uses which may or may not manufacture their primary product on the premises such as a drapery, cabinet or upholstery shop, and similar establishments.

7. Financial institutions when three or more such uses are located in the CB district at the time of application for a discretionary approval by the city or, if no discretionary approval is needed, at the time of initial nondiscretionary approval, e.g., building permit or certificate of occupancy

8. Business, institutional, administrative and professional offices, including but not limited to large-scale single and/or multi-tenant office uses; and public and quasi-public offices such as government offices, library, post office and utility office.

9. Similar uses subject to the approval of the zoning administrator.

10. Accessory, temporary and service uses customarily associated with and related to a principal use in accordance with and subject to compliance with the requirements of Chapter 17.650.

Subarea B: The following uses shall be permitted within Subarea B:

1. All of the uses permitted within Subarea A.

2. Very high density multi-family residential at an average density of from 25 to 30 dwelling units per gross acre.

3. Uses, facilities and buildings customarily associated with and related to high density residential use including but not limited to private recreational facilities for homeowner and/or tenant use only, and a rental and/or management office; and home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840.

4. Self-service storage facilities (mini-storage or warehouse) with or without a resident manager’s dwelling unit.

5. Light industrial uses including by way of example but not limited to computer software and biotechnology companies; medical supply companies; medical, dental and optical laboratories; warehouse; and similar uses.

6. Research and development facilities including research, office, support and warehouse areas.

7. Similar uses subject to the approval of the zoning administrator.

8. Accessory, temporary and service uses customarily associated with and related to a principal use in accordance with and subject to compliance with the requirements of Chapter 17.650.

CONDITIONALLY PERMITTED USES:

The following uses are conditionally permitted subject to securing a Conditional Use Permit pursuant to Chapter 17.830:

Subarea A: The following uses require a Conditional Use Permit in Subarea A:

1. All drive-in, drive-through establishments.

2. Outdoor sales, displays and storage, other than outdoor sales and displays permitted under Sections 17.506.002.A.1 and 2.

3. Automobile service stations.

4. Automobile, motorcycle, recreational vehicle sales, service and repair facilities.

5. In-patient medical facilities licensed by the state and medical and dental laboratories.

6. Hotels and motels.

7. Veterinary facilities including kennels.

8. Sports bar, lounge, nightclub and similar establishments with on-site sale of alcoholic beverages, including establishments which offer food, entertainment and/or dancing.

9. Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulation through the conditional use permit procedure.

10. Accessory, temporary and service uses customarily associated with and related to a conditionally permitted use in accordance with and subject to compliance with the requirements of Chapter 17.650.

11. All non-motorized or motorized food or merchandise vending carts or vehicles.

Subarea B: The following uses require a Conditional Use Permit in Subarea B:

1. All of the uses, which are allowable within Subarea A subject to the issuance of a conditional use permit.

2. Day care facilities for children.

3. Accessory, temporary and service uses customarily associated with and related to a conditionally permitted use in accordance with and subject to compliance with the requirements of Chapter 17.650.


TENTATIVE SUBDIVISION MAP:
The Planning Commission approved the applicant’s application to subdivide 76 acres into 16 lots (Option A) or 14 lots (Option B) for the development of Arcadia’s Mixed Use Regional Shopping Center. 

DESIGN REVIEW:
The Planning Commission approved the applicant’s Design Review application for the construction of A-1, A-2, J-1, M-2, R-2, and P-3 buildings, the City of Brentwood Entry Monument Statement Sign (Type “A”), the 2 sided Pylon Sign “D”, the 2 sided Monument Sign “E”, the 2 sided monument sign “F”, and all other smaller entry statement signs (Type “B” and “C”), and the Apartment buildings (Site Plan B only),

DEVELOPMENT AGREEMENT:
The key terms of the proposed Development Agreement are as follows:

1) The length of the agreement is outlined in Section 2.02. It provides that the agreement will be only for five year unless certain retail/commercial benchmarks are met. If the City issues a Certificate of Occupancy for at least 120,000 square feet of commercial. the agreement will be extended for two more years. If a Certificate of Occupancy for an additional 150,000 square feet of retail/commercial is issued, the term of the agreement will be extended by an additional three years, or a total of ten years. If an additional _____square footage is issued a Certificate of Occupancy, then the term will be extended for five more years or a total of fifteen years will be provided for the project. Once a building permit is issued, the term of the agreement shall apply to that building for twenty-five years in order to cover destruction by flood, fire, or natural causes. 

2) Arcadia’s responsibilities are outlined in Article 3. The provisions in this article include traffic improvement obligations along Lone Tree Way and Heidorn Ranch Road, as outlined in the conditions of approval for the Project. Credit has been provided to Arcadia for land dedication for additional right of way for Lone Tree Way and Heidorn Ranch Road in anticipation of the construction of this Project. Arcadia has agrees to construct a city entry feature on Lone Tree Way. The fees for the commercial are locked in for the Phase I and Phase II as of the Agreement’s approval. Arcadia agrees to pay all applicable building fees at the time it requests any residential building permits. 

3) City’s obligations are generally placed in Article 4. City has agreed to reserve sewer, water, and storm drain capacity for the Project. City has given the Developer the right to rebuild any building that has already been issued a building permit, subject to current Building Code regulations in effect at the time of the rebuilding request. City covenants also to take appropriate action to protect Arcadia’s vested rights outlined in the agreement. City will not take any action or pass any law that ensures that the agreement remains in full force and effect.

4) Timing of the residential development as set forth in Section 6.11 (c) the City shall not be required to issue any building permits for the initial 240 residential unit included in Development Plan Option B until such time the City has issued Certificates of Occupancy for an aggregate 200,000 square feet of retail and or commercial development within the Project; and the City shall not be required to issue any building permits for the balance of the residential units included in Development Plan Option B until such time as the City has issued an aggregate total of 350,000 square feet of retail and or commercial development within the Project. 

FISCAL IMPACT:
It is estimated that this Regional Shopping Center will generate revenue via sales and property tax for the City of Brentwood. 


EXHIBITS:

A. City Council Resolution No. ____ (for the appeal)
B. City Council Ordinance No. ____ (for the amendment of PD-51)
C City Council Ordinance No. ____ (for the Development Agreement)
D. Amended Planned Development No. 51 development standards for the Arcadia Mixed Use Project (attached)
E. Arcadia Mixed Use Project Subarea Map (attached)
F. Development Agreement (attached)
G. Appeal letters from Miller, Starr and Regalia representing West Coast Home Builders, dated July 9, 2002 (attached) 



“EXHIBIT A ”

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL BY DENYING THE APPEAL OF THE ARCADIA MIXED USE PROJECT, LOCATED SOUTH OF LONE TREE WAY, EAST OF HEIDORN RANCH ROAD AND WEST OF THE HIGHWAY 4 BYPASS. 

WHEREAS, on June 26, 2002, the Planning Commission conducted a public hearing and approved the Arcadia Mixed Use Project; and

WHEREAS, an Environmental Impact Report (EIR) has been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and was considered as a part of the review and approval process. The EIR identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and those mitigated measures were included in the project conditions of approval and would reduce the impacts identified to a less than significant level; and

WHEREAS, the City of Brentwood Planning Commission certified the Final Environmental Impact Report for the Lone Tree Center and approved the Project on June 26, 2002.
WHEREAS, the City Council has held a public hearing and considered all of the appeals, and all oral and written testimony presented at the August 5, 2002 Council meeting; and

WHEREAS, an appeal was filed, by West Coast Home Builders, on July 9, 2002.of the Planning Commission’s approval of the Arcadia Mixed Use project on the basis that the FEIR did not clearly ascribe appropriate mitigation measures and determine Arcadia’s “fair share cost” for the improvements to Heidorn Ranch Road; and 
WHEREAS, the Brentwood City Council hereby rejects the appeal that allege there is no evidence in the record to support the fact that Arcadia is not providing for their fair share of the cost of improvements to Heidorn Ranch Road; and
WHEREAS, an appeal was filed by the law firm of Miller, Starr and Regalia on behalf of West Coast Home Builders on July 9, 2002, disagreeing with the conclusions of the Lone Tree Center Environmental Impact Report with regard to providing appropriate mitigation measures relating to the fair share cost for the improvements to Heidorn Ranch.
WHEREAS, the City Council has considered the issues raised in the appeal and the staff’s analysis, and rejects this appeal for the following reasons:
• Contrary to Appellant’s contention, the fair share cost of the improvements to Heidorn Ranch Road were properly analyzed and addressed in the Project’s conditions of approval.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood rejects the appeal of the Planning Commission’s certification of the Lone Tree Center Final EIR and approval of the Project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Brentwood does hereby adopt Resolution No. ____ certifying the EIR, upholding the Planning Commission’s approval of the Arcadia Mixed Use project, denying the appeal, and approving the project by making the following findings: 

1. The location, design, and operating characteristics of the proposed use as conditioned will not adversely affect abutting properties and the surrounding neighborhood because the proposed shopping center is located within Special Planning Area P envisioned in the General Plan as a future employment center for the city; and

2. The harmony, bulk, and scale of the proposed project is consistent with and compatible with existing and planned land uses around the subject site because the proposed shopping center is zoned Planned Development No. 51 which allows for the development of retail and commercial uses; and

3. The subject site, as conditioned, and attached hereto will have adequate public facilities and utilities and service access because these improvements will be completed as part of the project; and 

4. Pursuant to Section 15090 of CEQA, the Final EIR has been completed in compliance with CEQA. The Final EIR was presented to the City Council and Council reviewed and considered the information contained in the Final EIR prior to approving the project. Pursuant to Section 15168 (c) and 15162 of the CEQA Guidelines, the City Council finds that the project was within the scope of the development levels evaluated in the EIR for the Lone Tree Center. The EIR has further evaluated potential specific impacts to the environment. Based upon the EIR, as more fully set forth in the CEQA Findings attached hereto (Attachment A), the City Council finds that the project will not have any significant environmental impacts that were not studied in the EIR to the project and therefore, since the mitigation measures are incorporated as conditions to the approval of the project, the EIR for the Lone Tree Center is adequate for all approvals relating to the project. 

PASSED by the City Council of the City of Brentwood at its regular meeting on the 5th day of August, 2002, by the following vote:


EXHIBIT “B”

ORDINANCE NO. 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 51 BY ADDING DEVELOPMENT STANDARDS FOR THE ARCADIA MIXED USE PROJECT, LOCATED SOUTH OF LONE TREE WAY, EAST OF HEIDORN RANCH ROAD AND WEST OF THE HIGHWAY 4 BYPASS. 

WHEREAS, the applicant has filed for an amendment of the development standards of his property to accommodate the subdivision; and

WHEREAS, an Environmental Impact Report was prepared for the Arcadia Mixed Use Project in accordance with the California Environmental Quality Act and was considered as a part of the review and approval process; and

WHEREAS, the Environmental Impact Report identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these project measures are included in the project conditions of approval and will reduce the impacts identified to a less than significant level; and

WHEREAS, on June 26, 2002 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 02-38 which recommended the approval of the amendments of Planned Development No. 51 development standards by adding development standards for the Arcadia Mixed Use Project, certified the EIR, and filed the Notice of Determination; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on June 28, 2002, 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 finds, as follows, that the proposed amendment will:

1. Establish clear development standards for the uses permitted under the General Plan and the approved Arcadia Mixed Use Project.

2. Provide standards resulting in development that is consistent and compatible with surrounding uses due to a well planned site design and buffering and screening of the site edges.

3. Provide for adequate public uses and private open space by the provision of new shopping and job opportunities and providing well landscaped areas.

4. Generate a level of traffic that can be accommodated by the public circulation system, existing or planned, as significant road improvements are a part of this project on Lone Tree Way and Heidorn Ranch Road..

5. That the proposed development will clearly result in a more desirable use of land and a better physical environment than would be possible under any single or combination of zones.

6. That the PD Zone proposed amendment is on property, which has suitable relationship to one or more thoroughfares; and that said thoroughfares are adequate to carry any traffic generated by the development.

7. That the plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included to insure compatibility.

8. 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 will be in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s Community Development Plan, including all relevant Elements therefore, and with the Special Planning Area provisions adopted by the City.

9. The City Council has reviewed the Environmental Impact Report prepared for this project and orders the filing of the Notice of Determination with the County Clerk.

10. Pursuant to Section 15168 of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the FEIR prepared for the Arcadia Mixed Use Project. The City Council finds that the project will not have any significant environmental impacts that were not studied in the FEIR. Therefore, since the mitigation measures are incorporated as conditions of approval of the project, the Program EIR for the Arcadia Mixed Use project is adequate for all approvals relating to the project.

11. 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 Environmental Impact Report for further public review. The Environmental Impact Report has not undergone any reorganization on this account. The City Council has considered all verbal and written comments relating to the Environmental Impact Report and finds no significant new information has arisen.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. The above recitals are true and correct.

Section 2. The subject project is hereby zoned as the Arcadia mixed Use Project within Planned Development 51 for commercial, residential and retail uses.

Section 3. Chapter 17.506 has hereby been amended for the purpose of regulating certain real property and establishing development standards for the Arcadia Mixed Use Project.

Section 4. Chapter 17.506 is hereby known as Planned Development 51 (PD-51).

Section 5. Amendments to Chapter 17.506 are hereby added to read as shown in Attachment “A” attached hereto and made a part of this Ordinance.

Section 6. 

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 in the Ledger-Dispatch a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 7. 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 special meeting of the Brentwood City Council on the 5th day of August, 2002 and adopted at a regular meeting of Brentwood City Council on the 13th day of August, 2002, by the following vote:



ATTACHMENT “A”

Chapter 17.506

PD-51 (PLANNED DEVELOPMENT FIFTY-ONE) ZONE - ARCADIA MIXED USE PROJECT AREA

Sections:
17.506.001 Authority, purpose and intent.
17.506.002 Permitted uses.
17.506.003 Conditionally permitted uses.
17.506.004 Development standards.
17.506.005 Performance standards.
17.506.006 Design and site development review.

17.506.001 Authority, purpose and intent.

The authority, purpose and intent for the adoption of the PD-51 (planned development fifty-one) zone are as follows:

A. Authority. PD-51 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones - General Regulations.

B. Purpose. The purpose of the PD-51 zone is to permit and regulate the phased development of a mix of uses consistent with the General Plan on the approximately 76 gross acres encompassed by the zone. The General Plan includes the PD-51 zone within Special Planning Area (SPA) P, which consists of approximately 525 acres in the northwest corner of the City. SPA P is bounded by Lone Tree Way on the north, Heidorn Ranch Road on the west, Sand Creek Road on the south, and Shady Willow Lane on the east. The State Route 4 Bypass bisects SPA P in the north south direction. SPA P includes the southern portion of the Bypass intersection at Lone Tree Way and borders the City of Antioch on the north and west sides. The PD-51 zone is located in the northwest corner of SPA P. PD-51 is bounded by Lone Tree Way to the north, Heidorn Ranch Road to the west, a 100-foot East Bay Municipal Utility District (EBMUD) right-of-way (Mokelumne Aqueduct) to the south, and the Bypass to the east. SPA P is intended to serve as a major employment area and provide land for large regional retail commercial businesses, professional office uses, manufacturing and light industrial uses due to its strategic location between two Bypass interchanges at Lone Tree Way and Sand Creek Road. The General Plan designates the northern portion of PD-51, encompassing more than half of the zone, for a major regional retail center, and the southern portion either for all retail, or office, or light industrial, or very high density residential, or for a combination of two or more of the foregoing uses.

C. Intent. To achieve the foregoing purpose, the PD-51 zone shall be divided into two subareas and developed generally as described below:

1. Subarea A consists of the northern approximately 51 acres and is intended primarily for the development of a major retail center to meet the retail and commercial needs of residents of Brentwood and the region. Other uses consistent with the “Regional Commercial” General Plan land use designation may be allowed provided that they are found compatible with the primary use.

2. Subarea B consists of the southern approximately 24 acres and is intended primarily for the development of one or a combination of the following uses: retail; office; light industrial; and very high density residential. Other uses consistent with the “Business Park” General Plan land use designation may be allowed provided that they are found compatible with the primary use or uses.

3. The above descriptions of Subarea A and Subarea B are general and intended to be conceptual only. The exact size of each of Subarea A and Subarea B, and the precise boundary between Subarea A and Subarea B, shall be established through the design and site development review procedure contained in Chapter 17.820 and any minor change to the boundary between Subarea “A” and Subarea “B” can be made by the Community Development Director after making the finding that the change is in substantial compliance with the originally approved map.

4. Each of Subarea A and Subarea B may be developed in phases.

17.506.002 Permitted uses.

The following uses are permitted within the PD-51 zone:

A. Subarea A. The following uses are permitted within this area:

1. Large-scale regional retail sales uses including by way of example but not limited to big-box, factory outlet, discount and similar retail uses requiring or best suited for operation within a warehouse type facility; large department stores; and large-scale general merchandise, sporting goods, home furnishings, home improvement and building materials (with or without lumber sales), home appliances, nursery, garden supply, hardware, electronics, office supply, and off-site liquor sales stores; large-scale book, video, music and toy stores; large-scale pet and pet supply stores including on-site veterinary clinics but not kennels; and large-scale automobile, motorcycle, recreational vehicle and boat parts and accessory stores; and similar establishments. 

Outdoor display and/or sale of merchandise shall be permitted within an area approved by the property owner and designated and in accordance with standards specified in a design and site development review approval pursuant to Chapter 17.820. Outdoor display and/or sale within an area so designated on a sidewalk which fronts a building is permitted at all times. Temporary display and/or sale within an area so designated on parking area adjacent to a store shall be limited to six (6) events per year for a maximum of fifteen (15) days per event, except for the period from November 15 through December 31, when the duration may be forty-six (46) days. Temporary parking lot display and/or sale areas shall not be designated for any retail user which occupies less than 20,000 square feet of building space.

2. General retail sales1 including by way of example but not limited to junior department stores; supermarkets; drugstores; general merchandise, sporting goods, home furnishings, home improvement, home appliance, nursery, garden supply, hardware, electronics, office supply and off-site liquor sales stores; book, video, music and toy stores; pet and pet supply stores including on-site veterinary clinics but excluding kennels; and automobile, motorcycle, recreational vehicle and boat parts and accessory stores;2 and similar establishments. 

Temporary outdoor display and/or sale of merchandise shall be permitted only on sidewalks that front buildings, within an area approved by the property owner and designated and in accordance with standards specified in a design and site development review approval pursuant to Chapter 17.820. Sales and display areas are to cover no more than 50% of the sidewalk area in front of a retailer’s building or unit, and are to be maintained in an attractive, neat and clean appearance. Outdoor displays and/or sales are permitted only for up to six (6) ten (10) day periods per year. 

3. Specialty merchandise and convenience sales including by way of example but not limited to specialty foods, delicatessen, bakery, pastry, candy, ice cream, butcher, meat market, wine, tobacco, apparel and accessory, jewelry, cosmetics, gift, stationery, shoe, kitchenware, hobby and specialty interest stores, and similar establishments.

4. Eating, drinking and entertainment establishments including by way of example but not limited to full-service, sit-down restaurant establishments, including restaurants with an on-site liquor sales license; convenience restaurants such as sandwich shops; video arcades; indoor movie theatre; bowling alley; skating rink; and similar establishments.

5. Commercial services including by way of example but not limited to barber shop, beauty shop, hair salon, laundry, dry cleaning, laundromat, electronic, appliance, watch and clock repair, health club, recreation club, reducing studio, tanning studio, small equipment rental and repair, real estate sales and rental, title and escrow services, architectural, engineering, legal and accounting services, insurance agency, employment agency, out-patient medical, dental and optical services, technology access center, telecommuting center, addressing and mailing service, blueprinting, photostating and desk top publishing service (other than a printer or lithographer), drafting service, messenger service, stenographic service, answering service, telegraph office, private postal box service, travel agency, bank branch, ATM facility, and similar establishments.

6. Commercial uses which may or may not manufacture their primary product on the premises such as a drapery, cabinet or upholstery shop, and similar establishments.

7. Financial institutions when three or more such uses are located in the CB district at the time of application for a discretionary approval by the city or, if no discretionary approval is needed, at the time of initial nondiscretionary approval, e.g., building permit or certificate of occupancy,

8. Business, institutional, administrative and professional offices, including but not limited to large-scale single and/or multi-tenant office uses; and public and quasi-public offices such as government offices, library, post office and utility office.

9. Similar uses subject to the approval of the zoning administrator.

10. Accessory, temporary and service uses customarily associated with and related to a principal use in accordance with and subject to compliance with the requirements of Chapter 17.650.

B. Subarea B. The following uses are permitted within this area:

1. All of the uses permitted within Subarea A.

2. Very high density multi-family residential at an average density of from 25 to 30 dwelling units per gross acre.

3. Uses, facilities and buildings customarily associated with and related to high density residential use including but not limited to private recreational facilities for homeowner and/or tenant use only, and a rental and/or management office; and home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840.

4. Self-service storage facilities (mini-storage or warehouse) with or without a resident manager’s dwelling unit.

5. Light industrial uses including by way of example but not limited to computer software and biotechnology companies; medical supply companies; medical, dental and optical laboratories; warehouse; and similar uses.

6. Research and development facilities including research, office, support and warehouse areas.

7. Similar uses subject to the approval of the zoning administrator.

8. Accessory, temporary and service uses customarily associated with and related to a principal use in accordance with and subject to compliance with the requirements of Chapter 17.650.

17.506.003 Conditionally permitted uses.

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-51 zone:

A. Subarea A. The following uses shall be conditionally permitted within this subarea:

1. All drive-in, drive-through establishments.

2. Outdoor sales, displays and storage, other than outdoor sales and displays permitted under Sections 17.506.002.A.1 and 2.

3. Automobile service stations.

4. Automobile, motorcycle, recreational vehicle sales, service and repair facilities.

5. In-patient medical facilities licensed by the state and medical and dental laboratories.

6. Hotels and motels.

7. Veterinary facilities including kennels.

8. Sports bar, lounge, nightclub and similar establishments with on-site sale of alcoholic beverages, including establishments which offer food, entertainment and/or dancing.

9. Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulation through the conditional use permit procedure.

10. Accessory, temporary and service uses customarily associated with and related to a conditionally permitted use in accordance with and subject to compliance with the requirements of Chapter 17.650.

11. All non-motorized or motorized food or merchandise vending carts or vehicles.

B. Subarea B. The following uses shall be conditionally permitted within this subarea:

1. All of the uses which are allowable within Subarea A subject to the issuance of a conditional use permit.

2. Day care facilities for children.

3. Accessory, temporary and service uses customarily associated with and related to a conditionally permitted use in accordance with and subject to compliance with the requirements of Chapter 17.650.

17.506.004 Development standards.

All permitted and conditionally permitted uses developed within Subareas A and B shall conform to the following standards:

A. Basic Standards:

1. General Commercial Development Standards:


Development Standards 
General Commercial

Minimum Parcel Size 
NA1

Minimum building setback from face of curb – internal streets 
15’-0”2,3

Minimum building setback from interior property lines 
0’-0”2,3
Minimum building setback from Highway 4 Bypass right-of-way 30’-0”3
Minimum building setback from face of curb – Lone Tree Way and Heidorn Ranch Road 
25’-0”3

Building Height 
50’-0”4

Office Parking 
1/250 s.f.

Retail Parking 
1/300 s.f.

Restaurant Parking (convenience) 
1/150 s.f.

Restaurant Parking (sit-down) 
10/1000 s.f.

Maximum commercial floor area ratio 
.306

2. Multi-Family Residential Development Standards:


Development Standards 
Multi-Family Residential

Minimum Parcel Size 
NA1

Minimum building setback from face of curb – internal streets 
10’-0” 2,3

Minimum building setback from interior property lines 
5’-0”2,3

Minimum Building Setback from face of curb – Heidorn Ranch Road 
25’-0”3
Minimum building setback from Highway 4 Bypass right-of-way 30’-0”3

Minimum Private Open Space 
100 s.f. patio w/ a 10’ min. dimension or 50 s.f. deck with a min. dimension of 5’

Common Open Space 
50 s.f. of common open space per dwelling unit. The minimum dimension of any space satisfying this standard is 10’. This common open space shall be improved for either passive or active use by the residents.

Maximum Building Height
Maximum Stories 
45’-0”4
3 stories4

Required Parking 
2 spaces/3BR unit
2 spaces/2BR unit
2 spaces/1 BR unit
1.5 space/Studio unit

Maximum residential unit density 
30 units/acre

3. Office Development Standards:


Development Standards 
Office

Lot Size 
NA1

Minimum building setback from face of curb – internal streets 
15’-0”2,3

Minimum building setback from interior property lines 
5’-0”2,3

Minimum Building Setback from face of curb – Heidorn Ranch Road 
25’-0”3
Minimum building setback from Highway 4 Bypass right-of-way 30’-0”3

Maximum Building Height
Maximum Stories 
40’-0”4
3 stories

Required Parking 
1/250 s.f. 

Maximum Office floor area ratio 
.426

4. Light Industrial/R & D Development Standards:


Development Standards 
Light Industrial/R & D

Minimum Parcel Size 
NA1

Minimum building setback from face of curb – interior streets 
15’-0”2,3

Minimum building setback from interior property line 
5’-00” 2,3

Minimum building setback from face of curb - Lone Tree Way and Heidorn Ranch Road 
25’-0”3

Building Height 
40’-0”4
Light Industrial Parking 1/500 s.f. 7

R & D Parking 
1/300 s.f.

Maximum Light Industrial floor area ratio 
.406

Maximum R & D floor area ratio 
.356

_______________________________________

1 As specified in a design and site development review approval under Chapter 17.820 or a conditional use permit under Chapter 17.830. 

2 Building setbacks from internal streets and interior property lines may be reduced by a design and site development review approval under Chapter 17.820 or a conditional use permit under Chapter 17.830.

3 Exceptions to above setback requirements are the following:
a. Architectural projections (such as columns, fireplaces, bay windows, window seats, second floor overhangs, balconies, decks, porches, building facades at entries) and planter boxes may encroach up to a maximum of two feet into the required setback.
b. Freestanding signage as permitted in the planned sign program.
c. Outdoor seating areas may encroach up to a maximum of four feet into the required setback.

4 Greater heights may be permitted by a design and site development review approval under Chapter 17.820 or a conditional use permit under Chapter 17.830. Buildings above 70 feet shall be designed and oriented to minimize obstruction of scenic views of Mt. Diablo and the foothills to the west from Lone Tree Way and the Highway 4 Bypass.

5. Deleted.

6 Greater floor area ratio may be permitted by a design and site development review approval under Chapter 17.820 or a conditional use permit under Chapter 17.830.

7 Office space shall not exceed 50% of floor area.

B. Residential Density: An average of from 25 to 30 dwelling units per gross acre.

C. Landscaping and Screening: PD-51 shall include a distinctive city entry element at the southeast corner of Lone Tree Way and Heidorn Ranch Road to distinguish Brentwood from Antioch and welcome those entering Brentwood. The design of the area along the eastern edge of Heidorn Ranch Road shall include an open space buffer with a minimum width of 25 feet to distinguish Brentwood from Antioch. The buffer shall be graded and landscaped to physically screen Heidorn Ranch Road and residential development to the west from visual, light, glare and noise impacts from development within PD-51. Landscaping and screening shall also be provided along the western edge of the Highway 4 Bypass, along the southern edge of Lone Tree Way, and within PD-51 in accordance with Chapter 17.630. Landscaping and screening requirements for each phase of development within PD-51 shall be specified in a master landscaping and screening program for PD-51 approved by the Planning Commission or in the design and site development review approval for that phase.

All establishments in PD-51 with drive through windows or counters for the purpose of selling food or merchandise to the general public, shall screen those windows and counters from view from the public right of way by extensive shrub and tree landscaping, landscaped berms or trellises. Said screening will be reviewed and approved by the City through the Conditional Use Permit process specified y Section 17.506.003 above.

D. Advertising Signs. The design and site development review approval for the first phase of development within the PD-51 zone shall include the approval of the City of Brentwood Entry monument statement sign, the 2 sided center identification Pylon Sign “D”, the 2 sided Monument center identification Sign “E”, the 2 sided monument tenant identification sign “F”, and the smaller entry and tenant identification statement signs only. For all other signage needs within this center (i.e. individual store front signs, additional identification signs, etc.) the applicant must apply for and receive approval of a Master Sign Program. All signs within the PD-51 zone shall conform to the planned sign program as the same may be amended from time to time pursuant to Chapter 17.820.

E. Other Development Standards:

1. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures to city standards and specifications.

2. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620.

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

4. Open Storage or Display. Open storage and/or outdoor display of merchandise is prohibited unless conducted within an area designated and in accordance with standards specified in a design and site development review approval pursuant to Sections 17.506.002.A.1 and 2, or expressly provided for by a conditional use permit.

5. Accessory structures and buildings shall be permitted pursuant to the provisions of Chapter 17.650.

6. Security Measures. All facilities shall provide security measures in accordance with city standards and subject to design review.

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

8. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure and all open storage areas shall be screened with a minimum six-foot high view-obscuring fence. No storage shall exceed the height of the fence. Masonry walls shall be utilized for screening areas visible from a public street while chain link with view-obscuring slats or other fencing materials, other than wood, may be used for screening areas not visible from a public street.

9. There shall be no overnight parking of mobile homes, recreational vehicles, buses or campers in the public parking or common areas of PD-51, nor any display of vehicles for sale by owners at any time. There shall also be no permanent or long term (longer than 7 days) storage of merchandise or equipment in the parking areas or sidewalks at any time, with the exception of those areas specifically approved for such uses pursuant to Chapter 17.830.

10. Development shall occur per the phasing plan/map as approved by the Planning Commission on June 26, 2002 or as may otherwise provided in a Development Agreement adopted by the City Council for the Arcadia Mixed Use Development Project. 

17.506.005 Performance standards.

All permitted and conditionally permitted uses developed within Subareas A and B shall conform to the performance standards set forth below:

A. Noise.

1. At the property line, the maximum sound pressure level radiated by listed uses or facilities shall not exceed the following values:

Light industrial and warehouse -- 75dBA
Retail, office, residential -- 65dBA;

2. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association;

3. American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z224.3-1994, American Standards Association, Inc., New York, NY, and American Standard Specification for an Octave-Bank Filter Set for the Analysis of Noise and Other Sounds, Z224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, NY, shall be used.

4. The sound pressure level limits of this section shall not apply to warning devices.

B. Heat, Glare and Humidity.

1. Any operation producing intense heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines;

2. Any operation or activity producing glare shall be performed within a completely enclosed building and be conducted so that direct and indirect illumination from the source of light on the lot shall not cause illumination in excess of one foot candle when measured at the lot line. Exposed sources of light shall be shielded and flickering or intense sources of light shall be controlled so as not to cause a nuisance across lot lines;

3. Any use producing humidity in the form of steam or moist air, or producing heat, shall be carried on in such a manner that steam, humidity or heat is not perceptible at any lot line.

C. Vibration. Any industrial operation or activity which shall cause at any point along the property line of the subject use, earth-borne vibrations which are discernible without the use of instruments is prohibited.

D. Fire, Safety and Explosion. All uses shall provide adequate safety devices against fire, explosion and other hazards and adequate firefighting and fire-suppression equipment in compliance with applicable fire prevention and building codes.

E. Soundproofing. Residential and other acoustically-sensitive activities shall be designed so that interior noise levels due to exterior noise sources do not exceed the peak hour Leq 55dBA.

F. Solid and Liquid Waste.

1. No discharge at any point into public sewer, stream or bay or into the ground shall be permitted, except in accord with the standards approved by the state department of health, or standards specified in applicable local ordinances for similar uses of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements;

2. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces;

3. Any wastes which might be attractive to rodents or insects shall be stored outdoors only in closed containers.

G. Electrical and Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point, electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

H. Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District.

1. Smoke. For the purpose of determining the density or equivalent opacity of smoke, the Ringlemann Chart as published by the U.S. Bureau of Mines in Circular No. 7718 (August, 1955) shall be employed. The emission of smoke from any chimney, stack, vent, opening or combustion process shall not exceed Ringlemann No. 1;

2. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable at the property line of the subject use;

3. Toxic and Noxious Matter. No use shall be permitted which creates any emission which endangers human health, can cause damage to animals, vegetation or other property or which can cause soiling at any point beyond the boundaries of the site. (Ord. 526 (part), 1993).

17.506.006 Design and site development review.

The design and site development of each phase within the PD-51 zone shall comply with Chapter 17.820 of the Brentwood Municipal Code. 



ORDINANCE NO. ____

AN ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND ARCADIA DEVELOPMENT COMPANY 

The Council of the City of Brentwood does ordain as follows:

SECTION 1. FINDINGS. The City Council of the City of Brentwood hereby finds and determines as follows:

A. Arcadia Development Company ("Arcadia") has purchased a legal interest in certain real property, consisting of approximately 75 acres, located in the City and bounded by Lone Tree Way to the north, Heidorn Ranch Road to the west, a 100-foot East Bay Municipal Utility District (“EBMUD”) right of way to the south, and the State Route 4 Bypass to the east ("Property"); 

B. The Property is located within the Special Planning Area (SPA) P, which intended to serve as a major employment area and to provide land large regional retail commercial businesses, professional office uses, manufacturing and light industrial uses due to its strategic location between two State Highway 4 Bypass interchanges at Lone Tree Way and Sand Creek Road;

C. The City’s General Plan designates this Property for a major regional retail center, and the southern portion for all retail, or office, or light industrial, or very high density residential, or for a combination of two or more of the foregoing land uses; 

D. The City acknowledges and the General Plan and Zoning Ordinance reflect the uncertainty regarding the future retail, commercial and residential demands of the community for development of the Property and Arcadia’s need to maintain flexibility for its future development options. 

E. The City has determined that the Project offers substantial health, safety, and general welfare public benefits and opportunities which are advanced by City and Arcadia entering into a Development Agreement;

F. The City desires to promote the orderly development of the subject real property described in the Development Agreement between the City of Brentwood and Arcadia (“Development Agreement") and to outline the applicable law, regulations, ordinances, resolutions, policies, and standards and specifications, permitted uses, and restrictions on moratoria and other limitations on the rate or timing of development, and the life of subdivision maps. 

SECTION 2. The Planning Commission has approved a recommendation to the City Council to enter into the Development Agreement based upon the findings outlined in its July 2, 2002, Resolution No. 02-__ setting forth the Planning Commission's determination the proposed Development Agreement conforms to the findings set forth in Brentwood Municipal Code §17.810.008.

The Planning Commission's recommendation is to approve the Development Agreement and the Project, including the project approvals as outlined in the Development Agreement, and subsequent approvals and certain alternatives to the Project. The Planning Commission has reviewed and assessed the environmental impacts of the Development Agreement and Project based upon the California Environmental Quality Act, California Public Resources Code Section 21000, et seq. the CEQA guidelines, and California Code of Regulations, Title 14, Section 1500, et seq. and the City's local guidelines and based on the project EIR and earlier EIRs and planning studies, including the traffic study for the Property and its proposed land uses and adjacent planned uses as well as the Initial Study/Mitigated Negative Declaration adoption.

SECTION 3. INCORPORATION. The foregoing sections, findings, and staff report statements are found and determined to be true and correct.

SECTION 4. COMPLIANCE. The Development Agreement has been processed, considered, approved, and executed in accordance with Brentwood Municipal Code Chapter 17.810.

SECTION 5. FINDINGS PURSUANT TO B.M.C. §17.810.008. The City Council specifically further finds as follows: 

A. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the City General Plan and Special Planning Area as it provides for the creation of new jobs in an attempt to attain a 1:5 housing to jobs ratio and much needed regional retail center. 

B. The development agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole, as it simply carries out the land use and zoning designations approved for the Property.

C. The development agreement will not adversely affect the orderly development of property or the preservation of property values as it is the intention of the development agreement to implement the existing land use and zoning designations for the Property as approved in the General Plan update process.

D. As there is an applicable specific plan (SPA P) to the subject sites, the finding concerning facilitation of the implementation of a specific plan is applicable in this case as determined by the City Council through its 
rezoning and Special Planning Area process.

E. The development agreement is consistent with the provisions of Government Code Section 65864 through 65869.5.

SECTION 6. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 7. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in Ledger Dispatch, the official newspaper of the City of Brentwood, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

SECTION 8. RECORDATION. Pursuant to Government Code §65868.5, the City Council authorizes the City Clerk to record a fully executed copy of the Development Agreement, attached hereto as Exhibit a, in the Official Records of the County of Contra Costa, within 10 days after City enters into this Development Agreement.



PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a special meeting on the 5th day of August 2002 by the following vote:

AYES: Councilmembers
NOES: 
ABSENT: 

_________________________
Michael A. McPoland, Sr.
Mayor

ATTEST:

___________________
Karen Diaz, CMC
City Clerk


State of California)
County of Contra Costa) ss.
City of Brentwood )

I, Karen Diaz, City Clerk of the City of Brentwood, do hereby certify that the foregoing Ordinance had its first reading on August 5, 2002 and had its second reading on August 13, 2002 and was passed by the following vote:

AYES: Councilmembers 
NOES: None
ABSENT: None

_________________________
Karen Diaz, CMC
City Clerk 
Placeholder for Development Agreement to be delivered under separate cover.

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov