CITY COUNCIL AGENDA ITEM
Meeting Date: July 22, 2003
Subject/Title: Public Hearing - Zoning Ordinance Amendment (RZ03-10) to
Section 17.870.007 (B) of the Municipal Code Relating to the Effect of City
Council Action on Zoning Ordinance Amendments
Submitted by: Community Development (M. Oshinsky/M.Leana)
Approved by: John Stevenson, City Manager
Waive the first reading and introduce an Ordinance which amends the zoning
ordinance relating to the effect of City Council action on Zoning Ordinance
The City Attorney approached staff recently with a request to change this
section of the Zoning Ordinance. As presently written, it could be construed
that the Planning Commission has more authority over zoning actions than the
City Council, which is obviously not the case and is not how zoning
ordinance amendments have been processed in the recent past.
Under the State Government Code, City Planning Commissions have the
authority to review and make recommendations on all zoning actions and
zoning ordinance amendments to the City Council, which ultimately has the
final authority in approving/modifying/denying such requests.
In order to eliminate potential confusion, and to insure that the City
follows its own rules, staff is proposing a change in the wording of this
subsection. At its meeting on July 1, 2003, the Planning Commission passed
Resolution 03-51 unanimously approving the suggested changes.
An Ordinance reflecting the proposed changes to Section 17.870.007 (B) of
the Brentwood Municipal Code
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING ZONING
ORDINANCE AMENDMENT RZ (03-10) WHICH AMENDS CHAPTER 17.8870.007 (B) OF THE
BRENTWOOD MUNICIPAL CODE RELATING TO THE EFFECT OF CITY COUNCIL ACTION ON
ZONING ORDINANCE AMENDMENTS.
WHEREAS, it is the desire of the City of Brentwood to streamline the zoning
amendment process; and
WHEREAS, it is the desire of the City of Brentwood to insure that its
ordinances are internally consistent with one another and are consistent
with pertinent state regulations; and
WHEREAS, the Planning Commission of the City of Brentwood held a public
hearing on the proposed amendment on July 1, 2003 and by passing Resolution
03-51 recommended approval of the proposed amendment; and
WHEREAS, a public hearing notice was placed in the Antioch Ledger Dispatch
on July 11, 2003 for this ordinance amendment as required by Government Code
Section 65090 and City codes; and
WHEREAS, this ordinance amendment is not classified as a “project” under the
California Environmental Quality Act (CEQA); and
WHEREAS, the City Council of the City of Brentwood held a public hearing on
the proposed ordinance at it’s meeting on July 22, 2003 for the purpose of
reviewing the amendment, the Planning Commission’s recommendation and
considered all public testimony with respect to the 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, is appropriate for the
public interest, and will not adversely affect the Brentwood community.
NOW, THEREFORE the City Council of the City of Brentwood Ordains as follows:
Section 1 Chapter 17.870 is hereby amended as follows:
(Deleted text strikeout and added text in bold):
ZONING ORDINANCE AMENDMENT
17.870.001 TITLE AND PURPOSE OF PROVISIONS
17.870.002 APPLICABILITY OF PROVISIONS
17.870.004 PRIVATE APPLICATION
17.870.006 EFFECT OF ACTION, PLANNING COMMISSION
17.870.007 EFFECT OF ACTION, CITY COUONCIL
17.870.008 PRESCRIBED CRITERIA
17.870.001 TITLE AND PURPOSE OF PROVISIONS:
A. Title: The provisions of this Chapter shall be known as the “Rezoning and
Ordinance Text, Amendment Procedure” of this title.
B. Purpose: The purpose of these provisions is to prescribe the procedure by
which changes may be made in the text of this title and in the application
thereof to specific properties.
17.870.002 APPLICABILITY OF PROVISIONS:
This procedure shall apply to all proposals to rezone property or to change
the text of this title.
Amendment to the Zoning Ordinance Text or a Rezoning of Property may be
initiated through any of the following actions.
A. Private Party Initiation: The owner of any property, or his authorized
agent, may make application to rezone such property.
B. Planning Commission Initiation: The Planning Commission may, on its own
motion, or shall, upon the direction of the City Council, consider the
rezoning of any property or a change in the text of this title.
C. City Council Initiation: The City Council may on its own motion initiate
action to consider the rezoning of any property or a change in the text of
this title. Such action shall be taken only after receipt from the Planning
Commission of a report on the proposed ordinance amendment.
17.870.004 PRIVATE APPLICATIONS:
A rezoning application shall be prepared and submitted pursuant to Chapter
17.800. In addition to the data required in Chapter 17.800 the applicant
shall submit a statement as to how the proposed action coincides, or does
not coincide, with the Brentwood General Plan and other City plans
applicable to the property, and such other information as may be required by
the Planning Commission.
A. Any application, or Planning Commission or City Council initiated Zoning
Ordinance Amendment shall be processed pursuant to Section 17.800.010.
B. Following receipt of an application for Zoning Ordinance Amendment, the
proposed Zoning Ordinance Amendment shall be reviewed by the Planning
Commission, which shall hold a public hearing.
C. Following receipt of a recommendation from the Planning Commission on a
proposed Zoning Ordinance Amendment, the proposed Zoning Ordinance Amendment
shall be reviewed by the City Council, which shall hold a public hearing.
17.870.006 EFFECT OF ACTION, PLANNING COMMISSION:
The Planning Commission may take any one of the following actions on a
proposed Zoning Ordinance Amendment.
A. Private Party Initiation: Deny the application or recommend to the City
Council that the proposed or a modified ordinance amendment be made. In the
case of denial, the decision of the Commission shall become final unless
appealed to the City Council pursuant to Chapter 17.880.
B. Planning Commission Initiation: Table the matter or recommend to the City
Council that an ordinance amendment be made.
C. City Council Directed or Initiated: Recommend to the City Council that no
amendment, a modified amendment or the proposed amendment to the Zoning
Ordinance be made.
17.870.007 EFFECT OF ACTION, CITY COUNCIL:
A. Following receipt of a recommendation from the Planning Commission on any
proposed Zoning Ordinance Amendment the City Council may either table, deny,
approve, or modify and approve the proposed Zoning Ordinance Amendment.
B. If the City Council decision is to modify the recommendation of the
Commission, the amendment shall not proceed until a report has been received
from the Planning Commission on the proposed modification. Failure of the
Planning Commission to report back to the City Council within forty (40)
days of referral shall be deemed to be approval by the Planning Commission
of the proposed modification it may elect to take one of the following
(1) modify the Planning Commission’s recommendation in any manner the
Council deems necessary and approve the application with the modifications.
(2) Refer the application back to the Planning Commission for further review
(3) Refer the application to City Staff for further review and analysis.
B. Reapplication Restricted: Whenever a private-party application has been
denied, no such application for the same or similar proposal affecting the
same property, or any portion thereof, shall be filed within one (1) year
after the date of denial.
17.870.008 PRESCRIBED CRITERIA:
No rezoning of property or text amendment shall occur which is inconsistent
with the City’s Community Development Plan. In making a decision the
Planning Commission and Council shall consider the consistency of the
proposed action to the Community Development Plan and other applicable City
plans, and shall consider whether the proposed action is inappropriate or
otherwise contrary to the public interest.
Action by the Planning Commission denying of a rezoning may be appealed
pursuant to Chapter 17.880.
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 a summary of the Ordinance prepared by the City Attorney in
the ledger Dispatch and posting a certified copy of the entire Ordinance in
the Office of the City Clerk at least five (5) days prior to passage and
adoption, along with the names of those City Council members voting for and
against the Ordinance.
B. This Ordinance shall go into effect thirty (30) days after the date of
its passage and adoption.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 22nd day of July, 2003,
and adopted at a regular meeting of the Brentwood City Council on the __ day
of ________, 2003 by the following vote: