CITY COUNCIL AGENDA ITEM
Meeting Date: January 10, 2006
Subject/Title: Waive the second reading of Ordinance 819 amending Planned
Development No. 56 (Sunset Industrial Park) to allow for indoor recreational
facilities within Subarea “A” with a conditional use permit.
Prepared by: Jeff Zilm, Senior Planner
Submitted by: Howard Sword, Community Development Director
Waive the second reading and adopt Ordinance 819 approving a zoning
amendment to Planned Development No. 56 to allow for indoor recreational
facilities to occur within Subarea “A” of the Sunset Industrial Park Complex
with a conditional use permit.
At its meeting of December 13, 2005, the City Council, in a 3-0 vote (Mayor
Swisher absent and Councilmember Brockman recused for a conflict),
introduced and waived the first reading of Ordinance 819.
Fiscal impact to the City should be positive. Although the establishment of
development standards themselves does not create fiscal impact, this action
will allow the development of the Sunset Industrial Park in a manner which
will promote a vibrant mix of uses thereby creating a harmonious land use
transition between the Sunset Park and the recreational uses located within
Ordinance No. 819
ORDINANCE NO. 819
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RECOMMENDING
APPROVAL OF THE REZONE (RZ 05-16) TO AMEND THE CONDITIONALLY PERMITTED USES
IN SUBAREA A OF PLANNED DEVELOPMENT NO. 56 (SUNSET INDUSTRIAL BUSINESS PARK)
TO INCLUDE INDOOR RECREATION FACILITIES. THE SUNSET INDUSTRIAL PARK IS
LOCATED NORTH OF SUNSET ROAD AND WEST OF SELLERS AVENUE.
WHEREAS, the Planning Commission of the City of Brentwood considered the
rezoning to amend Planned Development 56, filed in accordance with Chapter
16.040 et seq. of the Brentwood Municipal Code; and
WHEREAS, the current Chapter 17.511.003 Subsection “A” Conditionally
Permitted Uses is outdated and needs to be consistent with the City’s
General Plan and the modern needs of a growing mixed use community and meet
the expectations of its citizen; and
WHEREAS, a duly noticed public hearing on this project was advertised in the
Brentwood Press on December 2, 2005; and
WHEREAS, the environmental effects of this proposed action have been
considered and subject to the California Environmental Quality Act Section
15061 Subsection B3 will not have a significant effect on the environment
and thereby exempt from any further environmental review; and
WHEREAS, the City Council held a public hearing on the proposed Municipal
Code Amendment for the purpose of reviewing the staff report, which includes
an analysis of the consistency of the proposed project with all goals and
policies of the General Plan, considering all comments made by public
testimony with the respect to this project amendment and all other
WHEREAS, the City Council of the City of Brentwood makes the following
supporting findings for this application:
1. No text amendment shall occur, which is inconsistent with the City’s
General Plan. In making a decision the City Council considers the
consistency of the proposed action to the Municipal Code and whether the
proposed action is inappropriate or otherwise contrary to the public
interest. The City Council finds that the proposed text amendment is
consistent with the public interest and the City’s General Plan Economic
Development Goals 2, 3, and 5.
2. That the amendment will expound Chapter 17.511.003 Subsection “A” so that
activities may be conducted in harmony with other uses within the Sunset
Industrial Business Park and will encourage or create new activities which
will support and induce balanced economic growth.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brentwood hereby takes the following action:
• Approve the amendment to the City of Brentwood’s Zoning Code Chapter
17.511, Planned Development No. 56 (Sunset Industrial Business Park) Section
17.511.003, Subsection “A” Conditionally Permitted Uses within Subarea “A”
(line item 5) as follows:
Subarea A: The following uses require a Conditional Use Permit in Subarea A:
1. Lumber or Milling Yard
2. Nurseries for sale of plants and flowers and other enterprises
customarily conducted in the open.
3. Any office, retail or showroom display uses incidental to industrial,
business or commercial retail uses permitted in this Subarea exceeding 50%
of the square footage of the primary use building area.
4. Outdoor storage, holding, display, manufacturing and distribution areas
exceeding screen heights or with interior contents that can otherwise be
seen from ground level of public right-of-way.
5. Indoor recreational facilities including, but not limited to, a dance
studio, gymnastics facility, or fitness facility.
6. Other uses that the Community Development Director determines because of
the operation, storage requirements, goods sold or other special
considerations should require a Conditional Use Permit.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 13th day of December
2005 by the following vote: