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CITY COUNCIL AGENDA ITEM NO. 29

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

RECOMMENDATION
Introduce and waive the first reading of an ordinance approving a zoning amendment to the C-1 (Neighborhood Commercial) text.

PREVIOUS ACTION
Planning Commission Interpretation of Use on December 4, 2001, and approval of zoning text amendment on April 15, 2003.

BACKGROUND
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 City.

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 uses.

FISCAL IMPACT
None. The amendment to the zoning text in itself will not create a fiscal impact.

Attachment:
Ordinance

ATTACHMENT

ORDINANCE NO.

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 environment.

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 as follows:

Section 1. Directs staff to file the Notice of Exemption with the County Clerk.

Section 2.

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.

Section 3.

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 4. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 13th day of May, 2003 and adopted at a regular meeting of Brentwood City Council on the ___ day of ___________, 2003, by the following vote:

EXHIBIT A
CITY COUNCIL ORDINANCE ____
(Amended text is shown as highlighted)

CHAPTER 17.250
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 MATTERS
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 procedure.

17.250.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS:

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 (150) feet.

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 17.620.

B. Development Standards: The uses within the C-1 zone shall comply with Section 17.200.003.

C. Performance Standards: The uses within the C-1 zone shall comply with Section 17.200.004.

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