CITY COUNCIL AGENDA ITEM
Meeting Date: December 9, 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
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE
NO. 03-15, AMENDING CHAPTER 17.462 OF THE BRENTWOOD MUNICIPAL CODE BY
MODIFYING THE TYPES OF PERMITTED USES WITHIN SUBAREA “C” OF THE 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
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 in the Brentwood Press on November 28, 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 December 9, 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
4. This Zoning Ordinance amendment is consistent with the General Plan, is
appropriate for the public interest, and will not adversely affect the
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 17.462.002 is hereby amended as follows (NOTE: deleted text stricken
and added text underlined):
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
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.
City staff is hereby directed to make the necessary change to the Brentwood
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 9th day of December
2003, by the following vote:
And was adopted at a regular meeting of the Brentwood City Council on the
13th day of January 2004, by the following vote: