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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 19



Meeting Date: March 25, 2008

Subject/Title: Consideration of an Ordinance to approve a rezone (RZ 07-09), revising Title 17 of the Brentwood Municipal Code to update various Planned Development (PD) sections by inserting previously-approved text, updating subarea maps, and renumbering particular sections within the zoning ordinance as recommended by the Planning Commission. (H. Sword/T. Nielsen)

Prepared by: Tim Nielsen, Assistant Planner

Submitted by: Howard Sword, Community Development Director


RECOMMENDATION

Both the Planning Commission and staff recommend that the City Council introduce and waive the first reading of an ordinance approving the rezoning request.

PREVIOUS ACTION

The Planning Commission passed Resolution No. 08-001 on March 4, 2008 recommending that the City Council approve Rezone No. 07-09 to amend the Brentwood Municipal Code in order to update various Planned Development sections of the zoning ordinance.

PROJECT DESCRIPTION

The City is requesting approval of this rezone which is, in effect, a technical update to Title 17 of the Brentwood Municipal Code. The proposed update includes the re-designation of Articles 6, 7 and 8 for organizational purposes. Also included is the insertion of sections of the code that were approved by the City Council, but were never included in the final codified version of the Municipal Code or which were accidentally deleted or over-written by later codifications. This update further proposes to remove sections of the code that have been superceded by other sections and are no longer applicable. Finally, in preparation for this technical update, staff has prepared new zoning subarea maps for each Planned Development Zone. This standardizes each subarea map in terms of content and format to ensure continuity throughout the text. For a more detailed discussion of the proposed changes, please see the attached staff report from the March 4, 2008 Planning Commission agenda.

ANALYSIS

With the rapid pace of development in recent years, maintenance and codification of Title 17 of the Brentwood Municipal Code has been challenging. Implementation of the proposed code update is important to make sure that previous actions are incorporated into the codified version of the Municipal Code, providing clarity and improving the user-friendliness of the applicable code sections. The changes previously described are part of a technical update that will neither add new development standards or descriptions to the existing Municipal Code that were not previously approved, nor will it remove any existing standards that are currently in full force and effect. This update will also allow for a logical organization of the information contained within these code sections and make quick and easy referencing of the information contained within them possible. With the insertion of new subarea maps, or the replacement of previous maps with a standard uniform map design, a greater degree of clarity and continuity will be evident within these sections of the code. This update will make the zoning ordinance much easier to use for staff, decision-makers, applicants, and the general public. An underline/strike-through version of the update will be available at the City Council meeting or in the Community Development Department should any Council member wish to view the updates prior to the meeting.

ENVIRONMENTAL DETERMINATION:

Preparation of an environmental document in conjunction with this update is not necessary as the consideration and approval of this rezone is an organizational activity performed by a government agency that will not result in direct physical changes in the environment. This action is not considered a “project” as defined in Section 15378(b)(5) of the California Environmental Quality Act.

FISCAL IMPACT

Approval of the rezoning proposal would not result in any change to the development possibilities within the City. The potential fiscal impact would be realized over the long-term through increased efficiency and ease of use pertaining to the affected Municipal Code sections.

Attachment:
March 4, 2008 Planning Commission (Item 3) Staff Report
Ordinance

STAFF REPORT

PLANNING COMMISSION REGULAR MEETING OF

MARCH 4, 2008



PREPARED BY: Tim Nielsen, Assistant Planner
tnielsen@ci.brentwood.ca.us

AGENDA ITEM & FILE NUMBER: Item No. _; Rezone No. 07-09

PROJECT DESCRIPTION: A rezoning request to revise Chapter 17 of the Brentwood Municipal Code to update various Planned Development (PD) sections by inserting previously-approved text, updated subarea maps, and renumbering particular sections within the zoning ordinance.

DATE OF NOTICE: November 23, 2007 in the Brentwood Press

ACREAGE: N/A

ZONING: PD-1 through PD-71, PF and SPF

GENERAL PLAN DESIGNATION: Various

OWNER/APPLICANT: City of Brentwood


BACKGROUND:

As sections of Chapter 17 of the Brentwood Municipal Code have been formulated, adopted and codified, a number of omissions have been made related to Planned Development code sections. In addition, prior practice has been to adopt and codify Planned Development subarea maps that have been provided by the applicant. While these maps are generally accurate, they are not uniform in the information communicated, nor in their clarity once they are codified. Finally, the Planned Development sections of the Municipal Code have not always been assigned in numerical order and several non-Planned Development code sections have been assigned code sections that place them among the Planned Development sections. Taken together, these situations result in confusion when working with the various Planned Development sections of the Municipal Code.

PROJECT DESCRIPTION:

This is a technical update to Chapter 17 of the Brentwood Municipal Code that primarily affects the Planned Development sections of the code. Included in this update is the re-designation of Articles 6, 7 and 8. Whereas Article 6 previously contained the Brentwood Municipal Code sections pertaining to agricultural uses and open space, it has been amended to contain the sections relating to public and semi-public facilities. Now, these zoning sections immediately follow the loosely-related commercial and industrial zoning sections in Article 5. Article 7 now contains the Municipal Code sections relating to the agricultural uses and open space. Also, all Planned Development sections were previously contained within Articles 7 and 8, and the proposed revision consolidates all of these PD-related standards within Article 8. All other articles remain intact and unchanged. Please see the revised table of contents reflecting the placement and order of each section within Chapter 17.

Also involved is the insertion of portions of the code that were adopted by the City Council, for which the associated text was not inserted into the final copy of the Municipal Code. Specifically, the sections that require insertion relate to the development standards for Planned Development Zones 4, 7 and 31. This update also involves the re-ordering of code sections and related zoning descriptions so that the Planned Development sections will appear in sequential order. Doing this requires the renumbering of code sections related to Planned Developments 25, 39 through 51, 53, 56, 58 through 67, 69, and 71. In preparation for this technical update, staff has prepared new zoning maps for every Planned Development Zone that depict uniform information, specific to each Planned Development zone, and appear in the same format for a standardized appearance.

In the proposed update there are also nine Planned Development numbers that are not used because they have been skipped over, superseded by new zones, or assigned to shell Planned Developments without standards having been adopted for those zones. These Planned Development Zones include 32, 33, 37, 52, 54, 55, 57, 68, and 70. In the proposed update, these numbers have been reserved for future Planned Development standards.

Finally, this update will also remove those portions of Planned Development sections that are no longer applicable and reinsert sub-sections of text that were accidentally overwritten by previous codifications. These situations include the following:

• PD 1: references to Subarea A were removed because these areas were rezoned to PD 15 and PD 67. Only the standards related to the existing Apple Hill residential development have been retained.
• PD 3: standards relating to the development of the residential subarea of this zone were reinserted after being inadvertently overwritten by a previous codification.
• PD 6: the authority, purpose, and intent section and standards from the specific plan were inserted having not been codified previously. A duplicate table was also removed.
• PD 15: standards for agricultural, transportation, and multi-family uses were removed as these areas are outside of the current zone boundary, having been dedicated as right-of-way for the State Route 4 Bypass in the case of the transportation uses, or rezoned to PD 18 and PD 67 in the case of the agricultural and multi-family uses.
• PD 17: applicable development standards from the Garin Ranch Specific Plan have been inserted, as the standards set forth in the specific plan were approved but never codified.
• PD 20: the subarea known as the ‘Timms/Barr Property’ has been re-designated as 4,500 square-foot minimum lot size, as the applicable development standards are identical.
• PD 21: standards for transportation and interim uses are being removed as these areas are within dedicated right-of-way to accommodate the State Route 4 Bypass.
• PD 26: references to the school site in Planning Area 4 are being removed, since the site has been entirely developed with single-family homes.
• PD 48: previously-existing development standards that were accidentally overwritten during codification of standards specific to the Brentwood Station development were reinserted.
• PD 53: development standards for a Very High Density Residential site were inserted, having been approved but never codified.
• PD 60: previously-approved, but un-codified, development standards were inserted.

ANALYSIS:

The changes previously described are a part of a technical update that will neither add new development standards or descriptions to the existing Municipal Code that were not previously approved, nor will it remove any existing standards that are currently in full force and effect. This update will also allow for a logical organization of the information contained within these code sections and make quick and easy referencing of the information contained within them possible. With the insertion of new subarea maps, or the replacement of previous maps with a standard uniform map design, a greater degree of clarity and continuity will be evident within these sections of the code. This update will make the zoning ordinance much easier to use for staff, decision-makers, applicants, and the general public.

ENVIRONMENTAL DETERMINATION:

As the consideration and approval of this rezone application is an organizational activity performed by a government agency that will not result in direct or indirect physical changes in the environment, this action is not considered a “project” as defined in Section 15378(b)(5) of the California Environmental Quality Act. Environmental review of this application is not necessary.

RECOMMENDATION:

Pass Resolution No. 08-001 recommending approval of Rezone No. 07-09 to the City Council.

ATTACHMENTS:

1. Resolution No. 08-001
2. Proposed changes to affected Municipal Code sections

ORDINANCE NO.


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 07-09) UPDATING THE PLANNED DEVELOPMENT SECTIONS WITHIN TITLE 17 OF THE BRENTWOOD MUNICIPAL CODE WITH ADOPTED DEVELOPMENT STANDARDS AND REGULATIONS AND REVISED SUBAREA MAPS AS PREVIOUSLY APPROVED OR AMENDED AND AS RECOMMENDED FOR APPROVAL BY THE PLANNING COMMISSION.

WHEREAS, by Resolution No. 08-001 adopted on March 4, 2008, the Planning Commission of the City of Brentwood has recommended that the City Council approve Rezone No. 07-09 for the proposed project; and

WHEREAS, this proposed rezone (RZ 07-09) is an organizational or administrative activity undertaken by a government agency that will not result in direct or indirect physical changes in the environment and is therefore not considered a project under the California Environmental Quality Act (CEQA) as defined in Section 15378(b)(5); and

WHEREAS, a Notice of Public Hearing was published in the Brentwood Press on March 14, 2008, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed rezone on March 25, 2008, for the purpose of reviewing the project, considering the Planning Commission’s action, and considering all comments made by the public with respect to the request; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the Planning Commission recommendation, the presentation by City staff, the staff report, and all other pertinent goals, polices, regulations, and documents regarding the proposed rezone and specific development standards; and

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

Section 1.

The City Council hereby makes the following supporting findings for this rezone:

1. The proposed rezone request has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

2. The proposed rezone request is not likely to cause serious public health problems as all potentially significant impacts have been previously addressed in conjunction with the environmental reviews and documents prepared in connection with previous actions; and

3. The proposed rezone request includes clear development standards for the uses permitted under the General Plan and Zoning Ordinance as all development standards proposed in conjunction with this requested amendment are in conformance with General Plan densities and allowable land uses; and

4. The proposed rezone request formalizes the provision of standards that ensure development that is consistent and compatible with surrounding uses in that neighboring and similar land uses were taken into consideration while formulating the proposed development standard amendment in addition to unique natural features such as existing creeks and waterways as the projects were initially evaluated and approved; and

5. The proposed rezone request will clarify previously-approved development standards that do not create a detrimental imbalance between the public service needs of the City and available fiscal and environmental resources (Government Code Section 65863.6); and

6. The proposed rezone request will clarify development standards that clearly result in a more efficient use of land within the affected planned developments in that the amendment clearly specifies the approved standards in place throughout the City; and

7. The proposed rezone request will not be detrimental to the public welfare, will be in the best interests of the City, and will further the objectives of the Zoning Ordinance and goals of the City's General Plan, including all relevant Elements thereof.

Section 2.

Title 17 of the Brentwood Municipal Code is hereby amended by deleting Chapters 17.450 to 17.528 in their entirety and adding Chapters 17.350 to 17.370 as Article VI. Public and Semipublic Facility Zoning Regulations, re-designating Article VI as Article VII. Agricultural and Open Space Zoning Regulations, and adding Chapters 17.450 to 17.521 as Article VIII, all as attached hereto.

Section 3.

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 2 of this Ordinance to be entered in the City of Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption.

Section 4.

That if any section, subsection, sentence, 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.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 25th day of March, 2008, by the following vote:

 
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