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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: July 11, 2006

Subject/Title: Waive the second reading and adopt Ordinance No. 832 for a minor modification to Ordinance No. 772 limited to correct inconsistencies in the City’s zoning ordinance resulting from the expiration of the temporary prohibition on new movie theaters imposed by that action, and restore the City’s 2004 zoning requirements relating to motion picture theaters in the following zoning designations: Movie theaters as a permitted use in 1) Planned Development 6 (PD-6), Planning Areas - Regional Commercial and Office Commercial, and 2) Planned Development 16 (PD-16), Subarea A.

Prepared by: Heidi Kline, Planning Manager

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 832.

PREVIOUS ACTION
At its meeting on June 27, 2006, the City Council unanimously waived the first reading of Ordinance No. 832 approving RZ 06-10.

PROJECT DESCRIPTION
On March 9, 2004, the City Council adopted Ordinance No. 772, temporarily prohibiting the development of new motion picture theaters in the City until after the City Council adopted a new Specific Plan for the downtown area (the “Downtown Specific Plan”) As a result of this temporary City-wide prohibition, the two zoning districts (Sections 17.456.002 and 17.466.003) in which movie theaters were a permitted use at that time were modified to temporarily delete movie theaters from the list of permitted uses to ensure internal consistency of the zoning ordinance during the interim period prior to the adoption of the Downtown Specific Plan.

With the adoption of the Downtown Specific Plan, the temporary Citywide prohibition on movie theaters has expired by its own terms, and so to ensure the continued internal consistency of the zoning ordinance it is necessary to restore the prior zoning designations to Sections 17.456.002 (PD -6, Planning Areas – Regional Commercial and Office Commercial) and 17.466.003 (PD -16, Subarea A) to reflect the expiration of the temporary restriction. This proposed modification of the text of the zoning ordinance does not impose new zoning land use regulations; rather it implements the termination of the temporary use regulation imposed by the original Ordinance No. 772 by correcting the PD-6 and PD-16 zoning designations to reflect the expiration of the temporary prohibition on new movie theaters.

FISCAL IMPACT
There are no fiscal impacts associated with this rezone.

Attachments:
Ordinance

ORDINANCE NO. 832

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD MODIFYING ORDINANCE NO. 772 RELATED TO MOTION PICTURE THEATERS.

WHEREAS, it is the City’s goal to encourage and facilitate economic development, and provide convenient services to its residents and businesses; and

WHEREAS, motion picture theaters are an integral part of the City’s strategy for promoting economic development and vitality and maintaining and enhancing commercial areas throughout the City; and

WHEREAS, in early 2004, the City’s Economic Development Committee began considering which locations in the City were most appropriate for the development of new motion picture theaters; and

WHEREAS, the Economic Development Committee concluded that more time was required to consider the question of appropriate locations for new motion picture theaters, and therefore it would be in the City’s best interests to limit the development of new motion picture theaters in the City. The Committee determined that establishing such limits would both serve to protect the City’s future options to have a theater downtown, and notify the public and the development community that no conclusions had yet been reached as to whether the downtown area is the only acceptable location for a theater; and

WHEREAS, on March 9, 2004, the City Council adopted Ordinance No. 772, temporarily prohibiting the development of new motion picture theaters in the City until after the City adopted a new Specific Plan for the downtown area (the “Downtown Specific Plan”). As required by and in compliance with the California Environmental Quality Act (“CEQA”), the City adopted a Negative Declaration (the “2004 Neg. Dec.”) to support its adoption of Ordinance No. 772 ; and

WHEREAS, the primary purpose of Ordinance No. 772 was to provide the City with sufficient time to analyze potential strategic locations for motion picture theaters and determine whether the downtown area is the only appropriate location in the City for new motion picture theaters; and

WHEREAS, in the twenty-six months since Ordinance No. 772 was adopted, the City has been conducting comprehensive planning processes for the downtown area and for the Brentwood Boulevard Corridor. These processes have included multiple Committee meetings, public workshops and hearings. One of the primary questions considered by the City and the public during these planning processes was whether the downtown area is the only appropriate location in the City for new motion picture theaters; and

WHEREAS, on November 15, 2005, the City adopted its new Downtown Specific Plan. At the same time, the City Council certified an Environmental Impact Report (“EIR”) for the Downtown Specific Plan; and

WHEREAS, based on the Downtown and Brentwood Boulevard planning processes and the studies and consideration of its Economic Development Committee, the City has concluded that the downtown area is not the only appropriate location in the City for new motion picture theaters, and therefore it is appropriate to lift the temporary prohibition on new motion picture theaters imposed by Ordinance No. 772; and

WHEREAS, the City Council has determined that the proposed minor modifications to Ordinance No. 772 are limited to removing the temporary restrictions imposed by that action and restoring the City’s 2004 zoning requirements relating to motion picture theaters; and

WHEREAS, the proposed modification of Ordinance No. 772 does not propose any specific development or motion theater project, and any new motion theaters proposed for development in the City will be required to undergo environmental review in compliance with CEQA; and

WHEREAS, the proposed minor modifications to Ordinance No. 772 will not result in any of the conditions described in Section 15162 of the CEQA Guidelines requiring the preparation of a subsequent EIR or negative declaration. Therefore, the City has prepared an Addendum to the 2004 Negative Declaration, as required by CEQA, to support the modification of Ordinance No. 772; and

WHEREAS, the Planning Commission held a legally-notice public hearing on June 6, 2006, considered all public comments both before and during the public hearing, the presentation by City staff, the staff report, the recommendations, and all other pertinent documents and associated actions regarding the ordinance amendment.

WHEREAS, at their meeting of June 6, 2006, the Planning Commission made the following findings:

1) The proposed modification of Ordinance No. 772 constitutes a minor technical change to Ordinance No. 772, the purposes of which are to (i) acknowledge that the temporary restrictions imposed by Ordinance No. 772 have expired, and (ii) restore internal consistency to the City’s zoning ordinance.

2) The proposed modification of Ordinance No. 772 will not result in any of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent EIR or Negative Declaration.

3) Any new motion picture theaters proposed or developed in the City following the modification of Ordinance No. 772 will be within the scope of the development levels evaluated in the EIR prepared for the City of Brentwood General Plan.

4) The proposed modification of Ordinance No. 772 does not propose any specific development or new motion picture theater project, and any new motion theaters proposed for development in the City will be required to undergo environmental review in compliance with CEQA.

5) This modification of Ordinance No. 772 is consistent with the General Plan and other applicable City plans, and is appropriate to the public interest, in that it will help achieve General Plan Goals and Policies, and help support economic development and provide convenient services to residents and businesses.

WHEREAS, the Planning Commission recommended approval of the minor modifications of Ordinance 772 to the City Council; and

WHEREAS, a Notice of a Public Hearing of the City Council was legally advertised in the Brentwood Press, and mailed according to City policies and Government Code Section 65091; and

WHEREAS, after close of the public hearing, on June 27, 2006, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, the recommendations, and all other pertinent documents and associated actions regarding the proposed ordinance amendment; and

NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Brentwood:

1) Hereby, finds that:

A. The proposed modification of Ordinance No. 772 constitutes a minor technical change to Ordinance No. 772, the purposes of which are to (i) acknowledge that the temporary restrictions imposed by Ordinance No. 772 have expired, (ii) give City-wide effect to the expiration of the temporary restrictions, and (iii) restore internal consistency to the City’s zoning ordinance.

B. The proposed modification of Ordinance No. 772 will not result in any of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent EIR or Negative Declaration.

C. Any new motion picture theaters proposed or developed in the City following the modification of Ordinance No. 772 will be within the scope of the development levels evaluated in the EIR prepared for the City of Brentwood General Plan.

D. The proposed modification of Ordinance No. 772 does not propose any specific development or new motion picture theater project, and any new motion theaters proposed for development in the City will be required to undergo environmental review in compliance with CEQA.

E. This modification of Ordinance No. 772 is consistent with the General Plan and other applicable City plans, and is appropriate to the public interest, in that it will help achieve General Plan Goals and Policies, and help support economic development and provide convenient services to residents and businesses.

F. The foregoing recitals and staff report are found and determined to be true and correct.

1) Approves and adopts the Addendum prepared for this project in accordance with CEQA.

2) Amends Ordinance No. 772, as adopted on March 9, 2004 and published in Title 17 of the Brentwood Municipal Code as follows (added text underlined):

Proposed Modification of Ordinance No. 772
(Deleted text shown in strikethrough format; new text underlined)

CHAPTER 17.230
COR (COMMERCIAL OFFICE/RESIDENTIAL) ZONE

17.230.05. Other Regulations

D. Motion Picture Theaters. Until the Downtown Specific Plan, now in preparation is adopted, the new Motion Picture Theaters will not be permitted in any Zone in the City. With adoption of the Plan, the City Council will determine the most appropriate location(s) for such Theaters.

CHAPTER 17.280
CB (CENTRAL BUSINESS) ZONE

17.280.05. Other Regulations

D. Motion Picture Theaters. Until the Downtown Specific Plan, now in preparation is adopted, the new Motion Picture Theaters will not be permitted in any Zone in the City. With adoption of the Plan, the City Council will determine the most appropriate location(s) for such Theaters.

CHAPTER 17.456
PD 6 (PLANNED DEVELOPMENT 6) ZONE

17.456.02 Permitted Uses and Conditionally Permitted Uses

Regional Commercial Office Commercial
Movie Theaters PP PP

CHAPTER 17.466
PD 16 (PLANNED DEVELOPMENT 16) ZONE

17.466.03 Cinemas and/or Theaters

C.4. Cinemas and/or Theaters Cinemas and/or Theaters

3) Declares this Ordinance shall take effect and be in force thirty (30) days following its adoption and, prior to the expiration of fifteen (15) days after its adoption, it shall be published once with the names of the council members voting for and against it in a newspaper of general circulation, available in the City of Brentwood.

4) Declares that if any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

5) Declares any judicial review of this Ordinance shall be by writ of mandate under Code of Civil Procedure 1085. Any action or proceeding seeking to attack, review, set aside, void or annul this ordinance shall be commenced within 90 days after the adoption of this Ordinance.

6) Declares that this Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law. Further, the City Clerk is directed to cause Section 3 of this Ordinance to be entered in the Brentwood Municipal Code.

7) Directs the City Clerk, in accordance with Government Code Section 65863.5 and upon the effective date of this Ordinance, to deliver a copy of this Ordinance to the County Assessor.

THIS ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 27th day of June 2006, by the following vote:
 

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