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Meeting Date: November 25, 2003

Subject/Title: Consideration of a Zoning Ordinance amendment (RZ 03-15) to modify the permitted uses section of Subarea “C” within the Planned Development (PD) No. 12 Zone, located on the east side of Brentwood Boulevard, south of Balfour Road

Submitted by: Community Development: (M. Oshinsky/E. Nolthenius)

Approved by: John Stevenson, City Manager

Introduce and waive the first reading of an Ordinance approving RZ 03-15, modifying the permitted uses section of Subarea “C” within the PD-12 Zone (Harvest Business Park).

The PD-12 Zone, which includes Harvest Business Park, was created in 1991 with the approval of Rezone No. 91-10. A variety of uses within Subarea “C” have been developed over the years, including Ace Hardware, McCurley Floor Covering, and Diamond Mine Mini Storage.

On September 25, 2003, the City’s Economic Development Committee considered a proposed project within Subarea “C” of the PD-12 Zone. More specifically, the potential development project is located at the northeast corner of Guthrie Lane and Brentwood Boulevard. The potential project developer is a company by the name of Venture Corporation, based in Mill Valley.

The intent of having the Committee consider the item was to determine if the proposed project (light industrial – flex tech) meets the intent of Subarea “C”. The PD-12 Zone was established before the term “flex tech” began to be used and, therefore, flex tech is not listed as a permitted use in PD-12. The direction from the Committee was to amend the Zoning Ordinance to accommodate potential “flex tech” uses within Harvest Business Park.

Staff brought this rezone forward to the Planning Commission for consideration on November 4, 2003, and the Commission unanimously passed Resolution No. 03-82 recommending that the City Council approve the request.

The PD-12 Zone is divided into three subareas (A, B, and C). According to the Zoning Ordinance, Subarea “A” consists of approximately 16 acres intended for thoroughfare and general commercial uses. Subarea “B” consists of approximately 6 acres intended for commercial/office and a limited amount of light industrial uses.

Subarea “C” consists of approximately 48 acres intended for industrial-commercial uses. This area is intended to provide for automotive, storage, lumber yard, and light industrial related uses. A new term for business park/light industrial uses is “flex tech”. This allows for business park and standard light industrial uses, including assembly plants, cabinet shops, auto repair, offices, warehouses, and similar uses, with flexibility to shift between different uses.

In order to accommodate the range of potential users typically found in business/light industrial parks, and better reflect the new term flex tech within this portion of Harvest Business Park, the Planning Commission and staff recommend modifying the types of permitted uses within Subarea “C”. There are two primary purposes for initiating this Zoning Ordinance amendment. The first is to expedite the processing of the project when a formal development application is submitted, and the second is to eliminate any potential conflicts with users as the project is built out and occupied.

In processing this amendment, the Planning Commission and staff are trying to anticipate the types of uses that this potential project would accommodate. The Planning Commission and staff recommend adding language to reflect “flex tech” uses, and this language is taken from the PD-47 Zone, which was most recently amended in July of 2001 and is generally located west of Walnut Boulevard and north of the ECCID Main Canal. In addition, the Planning Commission and staff recommend modifying the section related to office uses, so that they can be permitted without having to be accessory to any other permitted use. Staff has also consulted with the Economic Development Department to ensure that the Zoning Ordinance amendment is appropriate to accommodate the potential development project.

Environmentally, this project qualifies as a categorical exemption. Therefore, no further environmental documentation is necessary in accordance with the CEQA Guidelines and a Notice of Exemption pursuant to Section 15305 of the Guidelines (Minor Alteration in Land Use Limitations) has been prepared for this project.

Approval of the requested Zoning Ordinance amendment would provide for a greater flexibility and range of potential economic development uses within Subarea “C” of the PD-12 Zone (Harvest Business Park), in turn facilitating job generation and/or tax revenue for the City.

Existing PD-12 Zone



WHEREAS, the City of Brentwood has initiated an amendment to the PD-12 zoning text to modify the types of permitted uses within Subarea “C”; and

WHEREAS, project information was referred to various public utility companies, public districts and pertinent departments for review and recommendations; 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 published in the Brentwood News on October 24, 2003, and again on November 14, 2003, in accordance with City policies and Government Code 65090; and

WHEREAS, on November 4, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments, and passed Resolution No. 03-82, which recommends approval of this Zoning Ordinance amendment; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed amendment on November 25, 2003, for the purpose of reviewing said amendment, the Planning Commission recommendation, and considered all public testimony with respect to the amendment; and

WHEREAS, the City Council of the City of Brentwood makes the following findings per the Brentwood Municipal Code associated with this amendment:

1. The proposed Zoning Ordinance amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

2. A Notice of Exemption has been prepared for this project, as projects of this type are categorically exempt from the requirements of CEQA.

3. 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.

4. This Zoning Ordinance amendment is consistent with the General Plan, is appropriate for the public interest, and will not adversely affect the Brentwood community.

5. Approval of this Zoning Ordinance amendment will result in a more flexible use of land as it will broaden the scope of permitted uses within Subarea “C” of the PD-12 Zone.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:
Section 1.

Section 17.462.002 is hereby amended as follows (NOTE: deleted text stricken and added text underlined):

Permitted Uses
Subarea C: The following uses shall be permitted within this subarea:

1. Light industrial uses which generate minimal noise, odor, smoke, waste material, and similar items which may negatively impact the environment are permitted. Such uses include small assembly plants, printing establishments, contractor storage yards and similar uses.

2. Business services such as laundry, dry cleaning, automotive repair or service establishments such as electronic, clock or watch repair, small equipment repair, small welding shop, and similar facilities.

3. Commercial uses which may or may not manufacture their product on the premises such as drapery shop, cabinet shop, upholstery shop, and similar uses.

4. Business and professional oOffice uses which are accessory to an industrial, business or commercial uses permitted in the zone.

5. Warehouse, distribution and wholesale.

6. Research and development space which includes office, support, light industrial, and warehouse/research areas (flex tech).

7. Similar uses subject to the approval of the Zoning Administrator.

Section 2.

City staff is hereby directed to make the necessary change to the Brentwood Municipal Code.

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 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.

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 25th day of November 2003, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 9th day of December 2003, by the following vote:

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