CITY COUNCIL AGENDA ITEM
Meeting Date: May 13, 2003
Subject/Title: Zoning amendment to amend the C-1 (Neighborhood Commercial)
zoning text to add health club facilities as a conditionally permitted use
within this zone and allow the text to reflect language for similar uses.
Submitted by: Community Development (Oshinsky/Hill)
Approved by: John Stevenson, City Manager
Introduce and waive the first reading of an ordinance approving a zoning
amendment to the C-1 (Neighborhood Commercial) text.
Planning Commission Interpretation of Use on December 4, 2001, and approval
of zoning text amendment on April 15, 2003.
At its meeting of December 4, 2001, the Planning Commission considered an
interpretation of use for health club facilities within the C-1 zoning
designation. At that meeting, Planning Commission direction was to return
with language amending the C-1 zoning text. There are currently four areas
within the City that have C-1 zoning. This amendment request would amend the
C-1 zoning text and thereby apply to all C-1 zoning designations within the
The existing text for the C-1 zoning designation includes permitted uses
such as bakeries, book stores, florists, gift shops, ice cream parlors,
supermarket and drugstores, laundromats, dry cleaning, beauty/barber shops,
and shoe repair. Conditionally permitted uses include service stations,
non-mechanical car washes, restaurants, liquor stores, banks, day care
centers, meeting halls, or community centers. This amendment would add
health club facilities to the conditionally permitted category.
Generally, the zoning text allows the zoning administrator some flexibility
in determining whether or not a specific use would be permitted or
conditionally permitted within each zone. The C-1 text specifically lacks
this language which is included in both the C-2 and C-3 sections of the
ordinance, which would have given the Commission latitude when considering
the health club use for this zone.
Therefore, in order to eliminate this situation occurring in the future,
staff has included language in the amendment for both the health club
facility as a conditionally permitted use, and the language for similar
None. The amendment to the zoning text in itself will not create a fiscal
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING
AMENDMENT (RZ 03-05) TO AMEND THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONING TEXT
TO ADD HEALTH CLUB FACILITIES AS A CONDITIONALLY PERMITTED USE WITHIN THIS
ZONE AND ALLOW THE TEXT TO REFLECT LANGUAGE FOR SIMILAR USES.
WHEREAS, the applicant, the City of Brentwood, has submitted an application
for a zoning amendment to the C-1 zoning text; and
WHEREAS, on April 15, 2003, the Planning Commission concluded a duly noticed
public hearing, considered public comments and passed Resolution No. 03-24
which recommended the approval of the zoning amendment to the C-1
(Neighborhood Commercial) zoning text; and
WHEREAS, a Notice of Exemption has been prepared for this project as
projects of this type are categorically exempt from the requirements of CEQA;
therefore, no additional environmental documentation is necessary; and
WHEREAS, a Notice of Public Hearing was legally advertised in the Antioch
Ledger Dispatch on May 2, 2003, 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 held a public hearing on the proposed rezoning on
May 13, 2003, for the purpose of reviewing the application, considering the
Planning Commission's action, and considering all comments made by the
public with respect to this proposed zone change; 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 project with all other goals and policies of
the City and the General Plan, and all other pertinent goals, policies,
regulations and documents regarding the proposed zone change; and
WHEREAS, the City Council of the City of Brentwood hereby makes the
following supporting findings for this application as required by Section
17.800 of the City Zoning Ordinance and State CEQA Guidelines:
1. The proposed zoning amendment is consistent with the existing City
General Plan land use designation on the subject property.
2. The proposed zoning amendment is consistent and compatible with other
goals, policies and implementation programs set forth in the General Plan.
3. This proposed zoning amendment has been processed in accordance with the
applicable provisions of the California Government Code and the California
Environmental Quality Act.
4. On the basis of the whole record before it, there is no substantial
evidence that this project will have a significant effect on the
5. The zoning amendment will provide standards resulting in development that
is consistent and compatible with surrounding uses.
NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain
Section 1. Directs staff to file the Notice of Exemption with the County
A. Approves the zoning amendment to amend the C-1 zoning text to add health
club facilities as a conditionally permitted use within this zone and allow
the text to reflect language for similar uses.
B. Amends Chapter 17.250.001 to the Brentwood Municipal Code as reflected in
Exhibit "A", which is attached to and hereby made a part of this ordinance.
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;
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 4. In accordance with Government Code Section 65863.5, upon the
effective date of this Ordinance, a copy shall be delivered to the County
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 13th day of May, 2003
and adopted at a regular meeting of Brentwood City Council on the ___ day of
___________, 2003, by the following vote:
CITY COUNCIL ORDINANCE ____
(Amended text is shown as highlighted)
C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
17.250.001 PURPOSE OF PROVISIONS
17.250.002 PERMITTED USES
17.250.003 CONDITIONALLY PERMITTED USES
17.250.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED
17.250.005 OTHER REGULATIONS
17.250.001 PURPOSE OF PROVISIONS:
The C-1 (Neighborhood Commercial) zone is intended to provide neighborhood
convenience centers which are typically a five (5) to ten (10) acre shopping
center with a supermarket as the prime tenant. The neighborhood convenience
center generally is intended to serve the day to day needs of the
surrounding neighbors within a one (1) mile radius.
17.250.002 PERMITTED USES:
The following convenience commercial uses are permitted in the C-1 zone:
A. Convenience retail uses such as a bakery, pastry shop, book store, candy
store, florist, newsstand, stationary/gift shop, ice-cream parlor,
super-market, drug store and similar uses.
B. Service uses such as Laundromat, laundry or dry cleaning pickup station,
shoe repair, beauty and barber shop.
C. Similar uses subject to the approval of the Zoning Administrator.
17.250.003 CONDITIONALLY PERMITTED USES:
The following uses are permitted only on the granting of a Conditional Use
Permit pursuant to Chapter 17.830:
A. Auto service station, non-mechanical car wash, restaurant or café
restricted to sit down facility only, on or off sale liquor establishments.
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.
C. Nursery, child care, day care center, meeting hall or a fraternal hall,
community center, health club facilities.
D. 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
17.250.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED
The following regulations shall apply to the C-1 zone:
A. Minimum Lot Area: Five (5) acres except that a master planned shopping
center may be subdivided into parcels having a minimum lot area of ten
thousand (10,000) square feet and a minimum lot width of one hundred fifty
B. Minimum Street Frontage: Three hundred (300) feet except in the event of
subdivision pursuant to sub-section A where frontage is not required
provided perpetual access is provided by easements.
C. Minimum Street Frontage Yards: Ten (10) feet which, except for driveway
approaches, shall be landscaped pursuant to Section 17.630.
D. Minimum Non-Street Frontage Yards: Fifty (50) feet, which shall be
screened if required pursuant to Section 17.630.
E. Maximum Building Height: The maximum height of all structures in the C-1
zone shall be two (2) stories not to exceed thirty (30) feet.
17.250.005 OTHER REGULATIONS:
A. Parking: Off-Street parking shall be provided in accordance with Chapter
B. Development Standards: The uses within the C-1 zone shall comply with
C. Performance Standards: The uses within the C-1 zone shall comply with