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|CITY COUNCIL AGENDA ITEM NO. 12
Meeting Date: April 8, 2008
Subject/Title: Waive second reading and adopt Ordinance 857 for a rezone (RZ 07-09), revising Chapter 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. (C. McCann/T. Nielsen)
Prepared by: Tim Nielsen, Assistant Planner
Submitted by: Casey McCann, Interim Community Development Director
Both the Planning Commission and staff recommend that the City Council waive the second reading and adopt Ordinance No. 857 approving the rezoning request.
At its meeting of March 25, 2008, the City Council introduced and waived the first reading of Ordinance No. 857. Adoption of Ordinance 857 allows the re-designation of Articles 6, 7 and 8 for organizational purposes as well as 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 inadvertently deleted or over-written by later codifications. Sections of the code that have been superseded by other sections and are no longer applicable will also be removed. Finally, standardized zoning subarea maps for each Planned Development Zone that ensure continuity throughout the text would also be adopted.
Approval of the rezoning proposal would not result in any change to the development possibilities within the City. A potential positive fiscal impact would be realized over the long-term through increased efficiency and ease of use pertaining to the affected Municipal Code sections.
ORDINANCE NO. 857
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:
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.
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.
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.
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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