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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: January 13, 2004

Subject/Title: Second reading and adoption of Ordinance No. 770 approving a Rezone (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

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 770.

PREVIOUS ACTION
At its meeting on December 9, 2003, the City Council waived the first reading and introduced Ordinance No. 770, which approves a Rezone (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. The first reading was waived on a 3-0 vote, with Council Members Hill and Petrovich abstaining.

ANALYSIS
Adoption of this ordinance will facilitate future development within Subarea “C” of Harvest Business Park.

FISCAL IMPACT
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.

EXHIBIT
Ordinance

ORDINANCE NO. 770

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 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 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 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 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:
 

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