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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: December 9, 2003

Subject/Title: Second Reading and adoption of Ordinance 767 amending Sections 17.456.002 and 17.456.003 of the Planned Development 6 Zone involving 1.06 acres located at the southwest corner of Sand Creek Road and Highland Way.

Submitted by: Community Development Department (Mitch Oshinsky/Winston Rhodes)

Approved by: John Stevenson, City Manager

RECOMMENDATION
Second reading and adoption of Ordinance 767 amending Section 17.456.002 and 17.456.003 of the Planned Development 6 Zone applying to Planning Area 7.

PREVIOUS ACTION
The City Council introduced and waived the first reading of Ordinance No. 767 at its meeting of November 25, 2003 by a vote of 4-0-1.

BACKGROUND
On November 4, 2003, the Planning Commission recommended that the City Council approve amendments to the Planned Development 6 Zone as part of a development request to construct a 12,323 square foot commercial office building, located southwest of the intersection of Sand Creek Road and Highland Way. The proposed PD-6 amendments that apply to this portion of Planning Area 7 are needed to:

(1) ensure long-term compatibility between the proposed office commercial uses and the existing single family neighborhood east of the site and

(2) enable the proposed commercial building to be built closer to the common boundary with the property planned for a church use south of the project site.

The attached Ordinance includes a site-specific range of permitted and conditionally permitted commercial uses for Planning Area 7 of PD-6 and a reduction in the minimum required rear yard setback distance from 50 feet to 10 feet to allow development of the proposed project site. Adoption of this ordinance is necessary for this proposed commercial office building to be constructed.

Attachment:

Ordinance approving amendments to the PD-6 Zone

ORDINANCE NO. 767

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AMENDMENTS TO SECTION 17.456.002 AND 17.456.003 OF THE MUNICIPAL CODE MODIFYING THE PERMITTED AND CONDITIONALLY PERMITTED USES AND STANDARDS FOR DEVELOPMENT APPLYING TO PLANNING AREA 7 OF THE PLANNED DEVELOPMENT 6 ZONE FOR OFFICE COMMERCIAL USE INVOLVING 1.06 ACRES LOCATED AT THE SOUTHWEST CORNER OF SAND CREEK ROAD AND HIGHLAND WAY (APN 019-110-057).

WHEREAS, the City of Brentwood has received a request from Michael Rockhold to amend the zoning regulations relating to a portion of Planned Development District No. 6 (PD-6); and

WHEREAS, the amendment request is consistent with the goals and policies of the City of Brentwood General Plan; and

WHEREAS, on October November 4, 2003, the Planning Commission conducted a duly noticed public hearing, considered a staff report and public comments, and passed Resolution No. 03-80, which recommended approval of the amendments to the PD-6 Zone applying to Planning Area 7; and

WHEREAS, the environmental effects of this proposed action have been addressed in a Mitigated Negative Declaration, which has been recommended for approval; and

WHEREAS, the Mitigated Negative Declaration considered a full range of potentially significant impacts and, with the inclusion of mitigation measures identified in the Initial Study, no significant impacts will remain; and

WHEREAS, a duly noticed public hearing was advertised in the Brentwood News on November 14, 2003, and mailed to property owners within 300 feet of the site as required by City Ordinance and Government Code Section 65090; and

WHEREAS, the City Council of the City of Brentwood held a public hearing to review the proposed amendments to Planned Development 6 at its meeting on November 25, 2003; and

WHEREAS, the City Council has considered the compatibility of the applicant’s request with adjacent land uses, consistency with the General Plan, other applicable City plans, the staff report, Mitigated Negative Declaration, supporting documents, public testimony and all pertinent documents regarding this PD-6 amendment request.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds and determines as follows:

1. The requested amendments to PD-6 are consistent with the goals and policies of the City’s General Plan, including all relevant elements thereof; and

2. The requested zoning amendments will facilitate development of office commercial uses that will complement existing commercial services and serve the surrounding residential area; and

3. The requested amendments to PD-6 will promote a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties; and

4. The requested amendments will help ensure that future office commercial uses within Planning Area 7 of PD-6 is located on property which has a suitable relationship to planned roadways that will be adequate to accommodate traffic generated by the anticipated office commercial uses; and

5. The requested amendments to the PD-6 development standards will not be detrimental to the public welfare and will be in the best interest of the City; and

6. The effect of this ordinance on the housing needs of the region surrounding Brentwood has been considered by the Planning Commission, which has balanced those needs against the public service needs or its residents and available fiscal and environmental resources (Government Code 65863.6); and

7. The Mitigated Negative Declaration for the project has been prepared and circulated in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

8. The Initial Study has evaluated potential project specific impacts to the environment. Based upon this evidence and the Mitigated Negative Declaration, the City Council finds that the project will not have any significant environmental impacts. Therefore, since the mitigation measures have been incorporated as conditions of approval for the project, the Mitigated Negative Declaration is adequate for the approval relating to the project; and

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

Section 1.

The Mitigated Negative Declaration prepared for this project and the recitals noted above are true and correct and incorporated as findings and the Mitigated Negative Declaration is hereby approved, and directs Staff to file the Notice of Determination with the County Clerk.

Section 2.

The PD 6A zoning amendments applying to Section 17.456.002 as described in Exhibit A and Section 17.456.003 as described in Exhibit B pertaining to Planning Area 7 described in Exhibit C within a portion of PD-6 are hereby approved and City staff is hereby directed to make the necessary changes to the City of 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 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 and was adopted at a regular meeting of the Brentwood City Council on the 9th day of December, 2003, by the following vote:

Attachments:

Exhibit “A” - Amended Section 17.456.002 of the Brentwood Municipal Code
Exhibit “B” - Amended Section 17.456.003 of the Brentwood Municipal Code
Exhibit “C” - Planning Area 7 of PD-6 Location Map

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 767
17.456.002 PERMITTED USES AND CONDITIONALLY PERMITTED USES

The following is a list of the permitted and conditional uses allowed within the project site. The symbols used will denote the following:
P = Permitted
C = Conditional
--- = Prohibited

Uses

LDR

MDR

HDR Park/
O.S./
Public Facility

Regional
Comm.
P.A. 1
Office Comm.
P.A. 7
Office
Comm.
Accessory Uses P P P P P C C
Arcades, Game --- --- --- C C C C
Auto Service Station --- --- --- --- C --- ---
Bakeries --- --- --- --- P P C
Bar, Tavern, Cocktail Lounge --- --- --- --- P P ---
Barber and Beauty Salon --- --- C --- P P P
Book Stores --- --- --- --- P P P
Camera Stores --- --- --- --- P P P
Car Wash --- --- --- --- C C ---
Child Care Centers C C C C P P C
Churches C C C C --- C C
Commercial Recreation --- --- --- C P P P
Conference/Convention Facilities --- --- --- --- P P C
Convalescent Home --- --- C --- --- C ---
Convenience, Liquor Store --- --- --- --- C C ---
Department Store --- --- --- --- P P ---
Drug Store ---- --- --- --- P P C
Dry Cleaners --- --- --- --- P P C
Financial Institutions --- --- --- --- P P P
Firehouse C C C P P P P
Florist --- --- --- --- P P P
Galleries --- --- --- --- P P P
Gift Shop --- --- --- --- P P P
Golf Course --- --- --- --- --- --- ---
Health Clubs C C C P P P ---
Home Care – 6 people or less P P P --- --- --- ---
Page 2
Uses
LDR
MDR
HDR Park/
O.S./
Public Facility
Regional
Comm.
P.A. 1
Office Comm.
P.A. 7
Office
Comm.
Home Care – more than 6 people C C C --- --- --- ---
Home Occupations C C C --- --- --- ---
Hospitals --- --- --- --- C C ---
Hotel/Motel --- --- --- --- P P C
Industry --- --- --- --- --- --- ---
Libraries --- --- --- C P P P
Manufacturing --- --- --- --- --- --- ---
Model Home Sales Complex C C C --- --- --- ---
Movie Theatre --- --- --- --- P P ---
Museum --- --- --- --- --- P P
Offices, Business, Professional --- --- --- --- P P P
Parks and Playgrounds C C C P C P P
Photo Development --- --- --- --- P P P
Post Office --- --- --- C C P P
Residential – detached P P P --- --- C ---
Residential – attached --- P P --- --- C ---
Restaurants – sit down --- --- --- --- P P C
Restaurants – drive-thru --- --- --- --- C --- ---
Retail and Service Businesses --- --- --- --- P P C
Schools – Private C C C C --- --- ---
Supermarket --- --- --- --- P P ---
Utility Buildings and Facilities C C C C --- --- ---
Vehicle Sales, Leasing and Rentals --- --- --- --- P P C
Vehicle Repair --- --- --- --- C C ---
Veterinary Services --- --- --- --- C C C

For any uses not specifically listed above, the Director of Community Development shall make a determination as to whether it shall be permitted, conditionally permitted or prohibited in the Planning Area.

EXHIBIT “B” TO
CITY COUNCIL ORDINANCE NO. 767

17.456.002 PERMITTED USES AND CONDITIONALLY PERMITTED USES
The following is a list of the permitted and conditional uses allowed within the project site. The symbols used will denote the following:
P = Permitted
C = Conditional
--- = Prohibited
Uses
LDR
MDR
HDR Park/
O.S./
Public Facility
Regional
Comm.
P.A. 1
Office Comm.
P.A. 7
Office
Comm.
Accessory Uses P P P P P C C
Arcades, Game --- --- --- C C C C
Auto Service Station --- --- --- --- C --- ---
Bakeries --- --- --- --- P P C
Bar, Tavern, Cocktail Lounge --- --- --- --- P P ---
Barber and Beauty Salon --- --- C --- P P P
Book Stores --- --- --- --- P P P
Camera Stores --- --- --- --- P P P
Car Wash --- --- --- --- C C ---
Child Care Centers C C C C P P C
Churches C C C C --- C C
Commercial Recreation --- --- --- C P P P
Conference/Convention Facilities --- --- --- --- P P C
Convalescent Home --- --- C --- --- C ---
Convenience, Liquor Store --- --- --- --- C C ---
Department Store --- --- --- --- P P ---
Drug Store ---- --- --- --- P P C
Dry Cleaners --- --- --- --- P P C
Financial Institutions --- --- --- --- P P P
Firehouse C C C P P P P
Florist --- --- --- --- P P P
Galleries --- --- --- --- P P P
Gift Shop --- --- --- --- P P P
Golf Course --- --- --- --- --- --- ---
Health Clubs C C C P P P ---
Home Care – 6 people or less
P P P --- --- --- ---
Page 2
Uses
LDR
MDR
HDR Park/
O.S./
Public Facility
Regional
Comm.
P.A. 1
Office Comm.
P.A. 7
Office
Comm.
Home Care – more than 6 people C C C --- --- --- ---
Home Occupations C C C --- --- --- ---
Hospitals --- --- --- --- C C ---
Hotel/Motel --- --- --- --- P P C
Industry --- --- --- --- --- --- ---
Libraries --- --- --- C P P P
Manufacturing --- --- --- --- --- --- ---
Model Home Sales Complex C C C --- --- --- ---
Movie Theatre --- --- --- --- P P ---
Museum --- --- --- --- --- P P
Offices, Business, Professional --- --- --- --- P P P
Parks and Playgrounds C C C P C P P
Photo Development --- --- --- --- P P P
Post Office --- --- --- C C P P
Residential – detached P P P --- --- C ---
Residential – attached --- P P --- --- C ---
Restaurants – sit down --- --- --- --- P P C
Restaurants – drive-thru --- --- --- --- C --- ---
Retail and Service Businesses --- --- --- --- P P C
Schools – Private C C C C --- --- ---
Supermarket --- --- --- --- P P ---
Utility Buildings and Facilities C C C C --- --- ---
Vehicle Sales, Leasing and Rentals --- --- --- --- P P C
Vehicle Repair --- --- --- --- C C ---
Veterinary Services --- --- --- --- C C C
For any uses not specifically listed above, the Director of Community Development shall make a determination as to whether it shall be permitted, conditionally permitted or prohibited in the Planning Area.
 

City Administration
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov