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CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: August 12, 2003

Subject/Title: Adoption of a Zoning Ordinance Amendment 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

RECOMMENDATION:
Adopt Ordinance 753.

PREVIOUS ACTION
At its meeting on July 22, 2003, the Council waived the first reading and introduced Ordinance 753.

BACKGROUND
The intent of this ordinance is to amend the Municipal Code to reflect the manner in which zoning ordinance amendments are processed from Planning Commission action through City Council adoption, and to reflect that the Council has the final authority on proposed amendments.

FISCAL IMPACT
None

Attachments
Ordinance 753

ORDINANCE NO. 753

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):

CHAPTER 17.870
ZONING ORDINANCE AMENDMENT


17.870.001 TITLE AND PURPOSE OF PROVISIONS
17.870.002 APPLICABILITY OF PROVISIONS
17.870.003 INITIATION
17.870.004 PRIVATE APPLICATION
17.870.005 PROCEDURE
17.870.006 EFFECT OF ACTION, PLANNING COMMISSION
17.870.007 EFFECT OF ACTION, CITY COUONCIL
17.870.008 PRESCRIBED CRITERIA
17.870.009 APPEAL


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.

17.870.003 INITIATION

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.

17.870.005 PROCEDURE:

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 Planning
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 actions:

(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 and analysis.

(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.

17.870.009 APPEAL:

Action by the Planning Commission denying of a rezoning may be appealed pursuant to Chapter 17.880.

Section 2

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 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 12th day of August, 2003 by the following vote:

 

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