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 CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: December 10, 2002

Subject/Title: Second Reading and Adoption of Ordinance No. 728 amending Title 17 of the Brentwood Municipal Code to allow Financial Institutions as a permitted use in commercial zones

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: John Stevenson, City Manager


RECOMMENDATION 
Waive second reading and adopt Ordinance No. 728 to amend the Financial Institution provisions of the Municipal Code.

PREVIOUS ACTION
On November 26, 2002, the City Council approved the first reading of this Ordinance.

BACKGROUND
There are a variety of regulations and conflicts in our existing Code regarding banks. The City Council has decided that it would be more customer friendly, and would simplify matters for the business community, Council, Planning Commission and staff, to have a more consistent approach on banks across our commercial zones. 

Based on this City Council direction, I have prepared the attached ordinance that amends the Municipal Code to clear up the different regulations, bring clarity to the matter, and uniformly make Financial Institutions permitted uses in the various nonresidential zones. 

On October 15, 2002, the Planning Commission held a public hearing on this matter, and voted to recommend approval of this Code amendment to the Council. 

FISCAL IMPACT
Clarification of the Code would probably not result in significant fiscal impacts to the City. While Financial Institutions do not generate retail sales tax, there will not likely be an inordinate number of them in the City. Therefore, they will not displace a large number of sales tax generating retail businesses. Based on the Pleasanton experience, we do not anticipate any significant negative impacts on our downtown related to this amendment.




Attachment:

Ordinance No. 728







ORDINANCE NO. 728

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING VARIOUS CHAPTERS OF TITLE 17 (ZONING) OF THE BRENTWOOD MUNICIPAL CODE RELATED TO FINANCIAL INSTITUTIONS.

WHEREAS, the Municipal Code in Title 17 Zoning, contains provisions for the regulation of financial institutions; and 

WHEREAS, it is the City's goal to encourage and facilitate economic development, and provide convenient services to residents and businesses; and

WHEREAS, a distribution of financial institutions throughout the nonresidential zones of the City can provide flexibility for residents and businesses; and 

WHEREAS, the current Title 17 Zoning provisions are somewhat restrictive toward allowing financial institutions outside the Central Business (CB) Zone; and 

WHEREAS, the Title 17 Zoning provisions regarding financial institutions contain a variety of regulations and some conflicts, which can be confusing and may lead to the omission of certain relevant information to the reader of the Code; and

WHEREAS, the current provisions restricting financial institutions outside the CB Zone were intended to encourage banks to remain in the downtown as they generate employees which use downtown businesses, since they draw people into the downtown, which in turn generates the potential for retail sales, and since they have ATM’s which provide cash for potential downtown shoppers; and

WHEREAS, retention of a non-market driven policy, however, also has several disadvantages. Financial institutions displace other uses, such as retail, which in some cases may better utilize the locational advantages of downtown. In addition, the restriction may inhibit the satisfaction of demand for financial institutions in other parts of Brentwood. Finally, the policy does not guarantee the continued presence of banks downtown; and 

WHEREAS, the changing nature of the banking industry (with ATM’s, banking by phone and internet banking), where many financial services are no longer offered solely in traditional banks, has also made it less clear what a “financial institution” really is; and

WHEREAS, over the past few years, Community Development staff has been approached by a couple of banks that were willing to consider locating in our downtown CB Zone, but they reportedly could not locate an adequate site for themselves; and

WHEREAS, it would be more customer friendly, and would simplify matters for the business community, City Council, Planning Commission and staff, to have a more consistent approach on financial institutions across our commercial zones; and

WHEREAS, the City Council has studied and deliberated the issue of financial institutions; and

WHEREAS, the City has surveyed other cities throughout the State and local area as to how they regulate financial institutions; and 

WHEREAS, on September 10, 2002, after consideration of the survey data, and input from the public and staff, the City Council directed staff to process an amendment of the Municipal Code provisions to make financial institutions permitted uses in the various nonresidential zones; and

WHEREAS, on October 15, 2002, the Planning Commission held a public hearing on the proposed amendment and adopted a resolution recommending to the City Council that Title 17 of the Brentwood Municipal Code related to Financial Institutions be amended; and

WHEREAS, this action has been reviewed per the California Environmental Quality Act (CEQA). Pursuant to Section 15061(a)(3) of CEQA this activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition, pursuant to Sections 15168(c) and 15162 of the CEQA Guidelines, the project is within the scope of development evaluated in the Brentwood General Plan Program EIR. No substantial changes have occurred to the circumstances under which that EIR was certified and no new information, which was not known and could not have been known at the time that the EIR was certified as complete, has become available relating to the environmental effects of this project. Therefore, the Program EIR for the General Plan is adequate for the approval relating to the project; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch according to City policies and Government Code Section 65091; and

WHEREAS, the City Council held a public hearing on the proposed amendment on November 26, 2002, for the purpose of reviewing the code amendment and the City Council, Planning Commission and staff recommendations; and

WHEREAS, after 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, the recommendations, and all other pertinent documents and associated actions regarding the proposed ordinance 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 and other applicable City plans, and is appropriate to the public interest, in that it will help achieve General Plan Goals and Policies, and help support economic development and provide convenient services to residents and businesses.

NOW, THEREFORE, the City Council of the City of Brentwood hereby amends the Brentwood Municipal Code as follows:


(Deleted text stricken added text underlined)
Chapter 17.210
CO (ADMINISTRATIVE/PROFESSIONAL COMMERCIAL OFFICE) ZONE
17.210.002 Permitted uses.
B. 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;

17.210.003 Conditionally permitted uses.

E. Financial institution when less than three such uses are located in the CB district, at the time of application fro a discretionary approval by the city or, if no discretionary approval is needed, at the time of the initial nondiscretionary approval, e.g., building permit or certificate of occupancy.

Chapter 17.220
COB (COMMERCIAL OFFICE/BUSINESS) ZONE
17.220.003 Conditionally permitted uses.
C. Financial institution when less than three 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;
D. C. Churches as temporary uses to be located in existing buildings.
Chapter 17.240
CR (COMMERCIAL RESIDENTIAL) ZONE
17.240.002 Permitted uses.
C. 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 non-discretionary approval, e.g., building permit or certificate of occupancy;
17.240.003 Conditionally permitted uses.
D. Financial institution when less than three 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;


Chapter 17.250
C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
17.250.002 Permitted uses.
C. Similar uses subject to the approval of the zoning administrator Financial institutions.
D. Similar uses subject to the approval of the zoning administrator.
17.250.003 Conditionally permitted uses
B. Convenience banking center, automatic teller machine, excluding a full-service bank, Drive-in or drive-thru establishments relating to permitted uses in the zone, excluding a drive-in or drive-thru restaurant;
Chapter 17.260
C-2 (GENERAL COMMERCIAL) ZONE
17.260.002 Permitted uses.
D. 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 non-discretionary approval, e.g., building permit or certificate of occupancy;
17.260.003 Conditionally permitted uses.
C. Financial institution when less than three 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;
D C. Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.
Chapter 17.270
C-3 (THOROUGHFARE COMMERCIAL) ZONE
17.270.003 Conditionally permitted uses.
C. Financial institution when less than three 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;
D C. Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

Chapter 17.453
PD-3 (PLANNED DEVELOPMENT THREE) ZONE
17.453.002 Permitted uses.
H. Financial institutions including banks, savings and loans, and similar uses which offer a wide range of services pursuant to the definition set forth in Chapter 17.030.050.H; and
Chapter 17.460
PD-10 (PLANNED DEVELOPMENT TEN) ZONE
17.460.002 Permitted uses.
C. 3. 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 non-discretionary approval, e.g., building permit or certificate of occupancy;
E. 2. 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 non-discretionary approval, e.g., building permit or certificate of occupancy;
17.460.003 Conditionally permitted uses.
C. 5. Financial institution when less than three 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;
E. 4. Financial institution when less than three 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;
Chapter 17.462
PD-12 (PLANNED DEVELOPMENT 12) ZONE
17.462.002 Permitted uses.
B. 2. Financial institutions offices including banks, savings and loans and mortgage companies but excluding drive-in and drive-through facilities.
17.462.003 Conditionally permitted uses.
B. 3. Financial institution when less than three (3) 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;
4 3. Self-service storage facilities (mini-storage or warehouse).
5 4. Light industrial and warehouse uses which have no outdoor storage or activities.
6 5. Public and quasi-public uses.
7 6. Churches as temporary uses to be located in existing buildings.
Chapter 17.468
PD-18 (PLANNED DEVELOPMENT EIGHTEEN) ZONE
17.468.002 Permitted uses.
B. 3. Financial institutions;
3 4. Similar uses subject to the approval of the zoning administrator.
C. 2. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, travel agency, real estate, medical, dental, dental laboratory, optical clinics, title companies, financing financial institutions, other professional and general business offices and data processing facilities. Both single and multi-tenant office uses are permitted;
17.468.003 Conditionally permitted uses.
B. 2. Convenience banking center, automatic teller machine, drive-in or drive-thru establishments relating to permitted uses in the zone, excluding a drive-in or drive-thru restaurant;
C. 4. Financial institution when less than three 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;
5 4. Health club, reducing studio or recreational club;
6 5. Veterinary clinic;
7 6. Public and quasi-public use such as government office, library, employment office, utility offices and similar uses, including daycare facilities;
8 7. Similar uses subject to the approval of the zoning administrator.
Chapter 17.470
PD-20 (PLANNED DEVELOPMENT TWENTY) ZONE
17.470.002 Permitted uses.
C. 1. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, travel agency, real estate, medical, dental, dental laboratory, optical clinics, title companies, financing financial institutions, other professional and general business offices and data processing facilities. Both single and multi-tenant office uses are permitted;

17.470.003 Conditionally permitted uses.
B. 3. Financial institution when less than three 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;
4 3. Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances required special consideration and regulations through the conditional use permit procedure.
C. 3. Financial institution when less than three 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;
4 3. Health club, reducing studio or recreational club;
5 4. Veterinary clinic;
6 5. Public and quasi-public use such as government office, library, employment office, utility offices and similar uses, including daycare facilities;
7 6. Similar uses subject to the approval of the zoning administrator.
Chapter 17.471
PD-21 (PLANNED DEVELOPMENT TWENTY-ONE) ZONE
17.471.003 Area B future employment-generating and interim uses.
A. Permitted Uses
3. Financial institutions
B. Conditionally Permitted Uses
1. b. Banking;
c b. Restaurants, including those with drive-through facilities;
d c. Personal service establishments such as hair care;
e d. Product services excluding vehicle body repair;
f e. Commercial recreation;
g f. Offices for administrative, commercial and professional uses, including those for medical, dental and real estate activities;
h g. Hospitals and medical facilities;
I h. Facilities for the care of the elderly including residential, congregate residential and convalescent care.

Chapter 17.484
PD-34 (PLANNED DEVELOPMENT THIRTY-FOUR) ZONE
17.484.002 Permitted uses.
D. 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 non-discretionary approval, e.g., building permit or certificate of occupancy;
17.484.003 Conditionally permitted uses.
E. Financial institution when less than three 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 the initial nondiscretionary approval, e.g., building permit or certificate of occupancy;
F E. Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances required special consideration and regulations through the conditional use permit procedure.
Chapter 17.487
PD-37 (PLANNED DEVELOPMENT THIRTY-SEVEN) ZONE
17.487.002 Permitted uses.
B. Financial institutions when three or more such uses are located in the CB district, at the time of application for a discretionary permit or building permit;
Chapter 17.488
PD-38 (PLANNED DEVELOPMENT THIRTY-EIGHT) ZONE
17.488.002 Permitted uses in subarea A.
E. Financial institutions;
E F. Similar uses subject to the approval of the community development director.
17.488.004 Permitted uses in subarea B.
E. Financial institutions;
E F. Similar uses subject to the approval of the community development director.
17.488.006 Permitted uses in subarea C.
H. Financial institutions;
H I. Similar uses subject to the approval of the community development director.


17.488.008 Prohibited uses.
Banks and financial institutions are prohibited in all subareas of this planned development.
Chapter 17.491
PD-40 (PLANNED DEVELOPMENT FORTY) ZONE
17.491.002 Permitted uses.
A. 4. Convenience banking centers and automatic teller machines in conjunction with another permitted use Financial institutions.
17.491.004 Prohibited uses.
A. 8. Banks and savings and loans.
9 8. Off-sale liquor.
10 9. Laundromats.
Chapter 17.493
PD-42 (PLANNED DEVELOPMENT FORTY-TWO) ZONE
17.493.002 Permitted uses.
B. 4. Stock brokerages, mortgage and real estate companies, credit union offices, but not banks and savings and loan companies and financial institutions;
E. 4. Stock brokerages, mortgage and real estate companies, credit union offices, but not banks and savings and loan companies and financial institutions;
F. 4. Stock brokerages, mortgage and real estate companies, credit union offices, but not banks and savings and loan companies and financial institutions;
17.493.004 Prohibited uses
B. 6. Banks, savings and loans and/or financial institutions;
7 6. Drive-up or drive-through establishments of any type or use.
C. 7. Banks, savings and loans and/or financial institutions;
8 7. Off-sale liquor.
E. 8. Banks, savings and loans;
9 8. Off-sale liquor;
10 9. Laundromats.
F. 5. Banks, savings and loans;
6 5. Off-sale liquor;
7 6. Laundromats.
Chapter 17.502
PD-47 (PLANNED DEVELOPMENT FORTY-SEVEN) ZONE-JEFFREY COMMERCIAL/WALNUT COMMERCIAL
17.502.002 Permitted Uses
A. 2. General office uses and financial institutions;
B. 1. General office uses and financial institutions;
17.502.003 Conditionally permitted uses.
A. 1. Public and quasi-public uses appropriate to and compatible with the area such as hospitals, medical laboratory, outpatient care facility, business and technical schools, and full service financial institutions;
B. 1. Public and quasi-public uses appropriate to and compatible with the area such as hospitals, outpatient care facility, business and technical schools, and full service financial institutions;
Chapter 17.503
PD-48 (PLANNED DEVELOPMENT FORTY-EIGHT) ZONE-THE HOLY LANDS
17.503.002 Permitted uses.
B. General office uses and financial institutions;
Chapter 17.504
PD-49 (PLANNED DEVELOPMENT FORTY-NINE) ZONE-JOHN MUIR/MT. DIABLO MEDICAL CAMPUS/MIXED USE AREA
17.504.002 Permitted uses-Eastern site.
B. Professional and business offices and financial institutions;
17.504.003 Permitted uses-Western site.
A. Professional and business offices and financial institutions;

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 26th day of November 2002, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 10th day of December, 2002, by the following vote:





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