CITY COUNCIL AGENDA ITEM
Meeting Date: September 9, 2003
Subject/Title: Second Reading and adoption of Ordinance No. 758 for a zoning
amendment to amend Planned Development Zone (PD) 42 to add development
standards for Subarea F. This property is generally located west of
Brentwood Boulevard and south of Sand Creek Road.
Submitted by: Community Development Department (Oshinsky/Hill)
Approved by: John Stevenson, City Manager
Waive the second reading and adopt Ordinance No. 758 for a zoning amendment
for a 7.63-acre site located within PD-42 (Planned Development 42) in order
to establish development standards for the area identified as Subarea F of
At its meeting of August 26, 2003, the City Council introduced and waived
the first reading of Ordinance No. 758. This Ordinance adoption will enable
the developer to proceed to the improvement plan stage.
None. The adoption of development standards in itself does not create a
Ordinance No. 758
ORDINANCE NO. 758
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING
AMENDMENT TO PLANNED DEVELOPMENT 42 (PD-42) AMENDING CHAPTER 17.518 TO THE
BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SUBAREA
F OF PD-42 GENERALLY LOCATED SOUTH OF SAND CREEK ROAD AND WEST OF BRENTWOOD
WHEREAS, the applicant, CP Management, LLC, has submitted an application for
a zoning amendment to Planned Development Zone 42 to establish development
standards for Subarea F for this property in order to accommodate future
business park development; and
WHEREAS, the applicant has concurrently filed a Tentative Subdivision Map (TSM
8671) to subdivide the property into 13 lots; and
WHEREAS, on August 5, 2003, the Planning Commission conducted a duly noticed
public hearing, considered public comments and passed Resolution No. 03-56
which recommended the approval of the amendment to Planned Development No.
42 adding development standards for Subarea F of this planned development;
WHEREAS, an Initial Study and Negative Declaration were prepared for this
project in accordance with the California Environmental Quality Act and were
considered as a part of the review and approval process; and
WHEREAS, the Negative Declaration identified potentially significant
environmental effects associated with the proposed project which can be
feasibly mitigated or avoided, and these project measures are to be included
in project conditions of approval for this area and will reduce the impacts
identified to a less than significant level; and
WHEREAS, a Notice of Public Hearing was legally advertised in the
Ledger-Dispatch on August 15, 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 zoning
amendment on August 26, 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 zoning amendment; 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 zoning amendment; and
WHEREAS, the City Council of the City of Brentwood hereby makes the
following supporting findings for this application as required by Section
17.870.008 of the City Zoning Ordinance and State CEQA Guidelines:
1. The proposed rezoning is consistent with the City's Zoning Ordinance and
the City Council's previously expressed intent to stimulate job generating
uses within the City.
2. The proposed rezoning is consistent and compatible with other goals,
policies and implementation programs set forth in the General Plan which are
intended to create a balance between jobs and housing units approaching 1 to
1 within the City.
3. The zoning amendment will provide standards resulting in development that
is consistent and compatible with surrounding uses.
4. That the development of the subject property, in the manner proposed by
the applicant, will not be detrimental to the public welfare, will be in the
best interests of the City and is consistent with the general intent and
spirit of the Zoning Ordinance and with the City's General Plan, including
all relevant elements thereof.
5. The proposed zoning amendment has been processed in accordance with the
applicable provisions of the California Government Code and the California
Environmental Quality Act.
6. Pursuant to Section 15168(c) and 15162 of the CEQA Guidelines, the City
Council finds that the project is within the scope of the development levels
evaluated in the Program EIR prepared for the 1993 City of Brentwood General
Plan and updated with the 2001 General Plan Update. The environmental
effects of this proposed action have also been addressed in the Mitigated
Negative Declaration prepared for this project, and all potentially adverse
impacts will be conditioned to render the impact to a level of less than
7. The City Council further finds that no significant new information within
the meaning of the Public Resources Code Section 21092.1 and CEQA Guidelines
Section 15088.5 has been presented to the City which would necessitate
recirculation of the Mitigated Negative Declaration for further public
8. 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, and the Mitigated Negative Declaration reflects the City
Council's independent judgment and analysis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brentwood does hereby ordain as follows:
A. Approves the mitigated Negative Declaration prepared for the proposed
B. Directs staff to file the Notice of Determination with the County Clerk
Approves the zoning amendment for the area known as Planned Development 42
shown on the map attached as Exhibit A and adopts development standards for
Subarea F of this area as designated on Exhibit B attached hereto and made a
part of this ordinance.
Chapter 17.493 of the Zoning Ordinance known as Planned Development 42 is
hereby amended for the purpose of regulating certain real property and
establishing development standards for the project as shown on Exhibit B
attached and 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 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.
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 26th day of August,
2003, and adopted at a regular meeting of the Brentwood City Council on the
____ day of ___________, 2003, by the following vote:
Exhibit A -- PD-42 Subarea Map
Exhibit B -- Chapter 17.493 PD-42 Development Standards
ZONING ORDINANCE AMENDMENT
ORDINANCE NO. 758
17.493.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED
A. The following regulations shall apply to Subarea A of the PD-42 zone:
Minimum Lot Area - 2 acres
Minimum Lot Width - 100 feet
Minimum Street Frontage Setback - 18 feet
Minimum Non Street Frontage Setback - 0 feet
Maximum Building Height - 2 Stories and/or 30 feet
B. The following regulations shall apply to Subarea C of the PD-42 zone:
Minimum Lot Area - 0.75 acres
Minimum Lot Width - 89 feet
Minimum Street Frontage Setback - 10 feet minimum, with an average setback
of 20 feet along Brentwood Boulevard, 20 feet minimum on all other street
Minimum Non Street Frontage Setback - 0 feet
Maximum Building Height - 3 Stories and/or 45 feet
C. The following regulations shall apply to Subarea D of the PD-42 zone:
Minimum Lot Area - 1,500 square feet
Minimum Lot Width - 24 feet
Minimum Lot Depth - 60 feet
Minimum Lot Frontage - 24 feet
Minimum Front Yard - 6 feet; exceptions granted for lots with radius curves
Minimum Side Yard - 0 feet on interior units, and 5 feet on end units
Minimum Rear Yard - 10 feet
Maximum Lot Coverage - 66 percent
D. The following regulations shall apply to Subarea F of the PD-42 zone:
Minimum Lot Area – 17,500 square feet
Minimum Lot Width – 100 feet
Minimum Lot Depth – 120 feet
Minimum Lot Frontage – 50 feet
Minimum Street Frontage Yard – 15 feet
Minimum Non Street Frontage Yard – 0 feet
Maximum Building Height – 3 stories and/or 40 feet. Structures greater than
40 feet may be permitted subject to conditional use permit approval.
E. Regulations for lot area, yards, height, and related matters for Subareas
B, E, G, H and I shall be determined by amendment to these planned
development guidelines prior to and/or in conjunction with submittal of a
F. Other Regulations:
1. Advertising Signs. All signs shall be subject to Chapter 17.640 of the
Brentwood Municipal Code.
2. Landscaping and Screening. All facilities shall provide landscaping and
screening in accordance with Chapter 17.630 of the Brentwood Municipal Code.
3. Accessory structures shall be permitted pursuant to the provisions of
4. Security Measures. All facilities shall provide security measures in
accordance with City standards and are subject to design review approval.
5. Energy Conservation. All facilities shall, to the greatest extent
possible, incorporate energy conservation measures in conformance with City
standards and are subject to design review approval.
6. Manufacturing and Storage Areas. All manufacturing processes shall be
within a structure.
7. Refuse Disposal Enclosure. All facilities shall provide masonry refuse
disposal enclosures with exterior surfaces that are compatible with adjacent
buildings and that adhere to City standards and specifications.
8. Illumination of Parking Facilities and Structures. All facilities shall
provide adequate lighting or illumination of parking facilities and
structures pursuant to Chapter 17.620 of the Brentwood Municipal Code.
9. Parking Lot Design and Development Standards. All facilities shall comply
with the design and development standards of Chapter 17.620.