City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas

CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: August 22, 2000 

Subject/Title: Rrezone (RZ 00-08) 36.33 acres from PEC Zone to PD-47 Zone.

Submitted by: Oshinsky/Zilm

Approved by: Jon Elam, City Manager


RECOMMENDATION 
Introduce and waive the first reading of Ordinance No. ___ approving the rezoning of 36.33 acres from Planned Employment Center (PEC) to Planned Development No. 47 (PD-47) by adding Chapter 17.502 to the Brentwood Municipal Code which establishes Development Standards for Subarea “A” of the PD-47 Zone.

PREVIOUS ACTION
The Planning Commission has recommended approval of RZ 00-08 creating PD-47. 

BACKGROUND
At their July 18, 2000 meeting the Planning Commission considered a rezone for a 36.33-acre site generally located west of Walnut Avenue and south of Kirkman Road. These 36.33 acres are a part of Ryder and Kaufman & Broad properties that were set aside by the Council for job generating uses. This rezone would change the 36.33 acres from the PEC Zone, that currently exists, to the PD-47 Zone creating three (3) subareas, and adding development standards for Subarea “A” to this new PD-47 Zone. The newly created development standards would apply to the 4.02-acre Subarea “A” site. When Subareas “B” and “C” develop, the development guidelines would be the responsibility of the developer at that time. 

The Planning Commission recently reviewed and approved a design review for one building located within Subarea “A”. This approved plan also showed two additional building sites. The applicant proposed that one of these additional building sites would have the potential for a drive-thru aisle associated with the building and that financial institutions would be allowed to locate within this subarea. The complete development standards for Subarea “A” are attached and made a part of this report and resolution.

Staff recommended several changes to the development guidelines in order to insure a coordinated development, minimize the impacts on the surrounding residents and provide for the flexibility to maximize the potential for job creation while designing a project that is pedestrian friendly and serves the needs of the surrounding neighborhoods. The first recommended change was that all financial institutions shall be excluded from the PD-47 development guidelines. The second recommended change was that any restaurant, café or sandwich shop be proposed as a sit-down facility only and no drive-thru facilities be allowed. 
The Planning Commission agreed with these recommendations and added that no secondary use can occupy more than 2,000-sq. ft. of any one building and that the secondary uses would be limited to 10% of the subareas total building square footage. This was done to keep with the intent of this new Planned Development and provide a pedestrian friendly area that serves the surrounding neighbors but at the same time minimizes the impact on those neighbors. They also felt that by allowing uses that cater to the vehicle would not be pedestrian friendly and the additional vehicular traffic would impact the surrounding neighbors and voted 4 – 0 – 1 to approve the rezone with the changes. 

Two Anderson Avenue residents spoke out on the project and their comments can be seen in the minutes from the July 18, 2000 Planning Commission meeting. The minutes are attached to this report for Council’s review.

The applicant, Ralph Strauss from SDG Architects, Inc., and the listing agent, Curt Scheve from Colliers International, have submitted letters to staff and the City Council expressing their concerns with the changes that were made by the Planning Commission. Both of the letters are attached to this report for Council’s review.

ATTACHMENTS:

1. Proposed Ordinance
2. Chapter 17.502 PD-47 development guidelines
3. July 18, 2000 Planning Commission minutes
4. Letter from Ralph Strauss, dated July 31, 2000
5. Letter from Curt Scheve, dated August 7, 2000
6. Map of proposed rezone site 

ORDINANCE NO. 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE REZONE (RZ 00-08) OF 36.33 ACRES GENERALLY LOCATED WEST OF WALNUT AVENUE AND SOUTH OF KIRKMAN ROAD FROM PLANNED EMPLOYMENT CENTER (PEC) TO PLANNED DEVELOPMENT FORTY-SEVEN (PD-47) AND ADDING CHAPTER 17.502 TO THE BRENTWOOD MUNICIPAL CODE, WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR PD-47 (APN: 010 550 070).

WHEREAS, the applicant has requested that the City Council rezone property located west of Walnut Avenue and south of Kirkman Road as shown on Attachment 6 attached to and hereby made a part of this ordinance; and

WHEREAS, the environmental effects of this proposed action have been addressed in a previously approved Mitigated Negative Declaration for TSM 8199 and 8200, and all potentially adverse impacts have been conditioned to render the impact to a level of less than significant; and 

WHEREAS, the Planning Commission at its meeting on July 18, 2000, recommended approval of the requested rezone by passing Resolution No. 00-48; and

WHEREAS, a duly noticed public hearing was advertised in the Ledger-Dispatch on August 11, 2000 and mailed to property owners within 300 feet of the exterior boundaries of the site as required by City ordinance and Government Code Sec. 65090; and 

WHEREAS, the City Council held a public hearing on the proposed rezoning on August 22, 2000 for the purpose of reviewing the application, considering the Planning Commission’s action and considering all comments made by the public with respect to this proposed zone change; 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 presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zone change; and 

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.870.008 of the City Zoning Ordinance:

1. The proposed rezoning is consistent with the City’s Zoning Ordinance and the City Council’s previously expressed intent to stimulate job generating uses within the City.

2. The proposed rezoning is consistent and compatible with other goals, policies and implementation programs set forth in the General Plan which are intended to create a balance between jobs and hosing units approaching 1 to 1 within the City.

3. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City and is consistent with the general intent and spirit of the Zoning Ordinance and with the City’s General Plan, including all relevant elements thereof.

4. The effect of this ordinance on the housing needs of the region surrounding Brentwood has been considered by the City Council, which has balanced those needs against the public service needs of its residents and available fiscal and environmental resources (Government Code 65863.6).

5. Pursuant to Section 15168 (c) and 15162 of the CEQA Guideline the City Council finds that the project is within the scope of the development levels evaluated in the Program EIR prepared for the 1993 City of Brentwood General Plan. The environmental effects of this proposed action have also been addressed in a previously approved Mitigated Negative Declaration for TSM 8199 and 8200 and all potentially adverse impacts have been conditioned to render the impact to a level of less than significant.

6. The City Council further finds that no significant new information within the meaning of the Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City, which would necessitate recirculation of the Mitigated Negative Declaration for further public review.

7. 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, and the Mitigated Negative Declaration reflects the City Council’s independent judgment and analysis. 

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. 

Approves the rezoning of 36.33 acres (RZ 00-08) from Planned Employment Center (PEC) to Planned Development Forty-seven (PD-47) as reflected on Attachments “1” and “2” and directs City staff to make the necessary change on the official zoning map of the City.

Section 2.

Chapter 17.502 is hereby added to the Zoning Ordinance for the purpose of regulating certain real property and establishing development standards for the project.

Section 3.

Chapter 17.502 is hereby know as Planned Development (PD) 47 and added to read as shown in Attachment “2” attached and made a part of this resolution.

Section 4.

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 5.

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 22nd day of August 2000, and adopted at a regular meeting of the Brentwood City Council on the ____ day of ________ 2000 by the following vote:


ATTACHMENT 
Ordinance No.

CHAPTER 17.502
PD – 47 (Planned Development 47 ) Zone
Walnut Commercial Site

Sections

17.502 .001 Authority, Purpose and Intent
.002 Permitted Uses
.003 Conditionally Permitted Uses
.004 Development Standards
.005 Performance Standards
.006 Design and Site Development Review

17.502.001 Authority, Purpose and Intent. The authority, purpose and intent for the adoption of the 
PD-47 (Planned Development 47) Zone are as follows: 

A. Authority. PD-47 Zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones – General Regulations of the Brentwood Municipal Code. 

B. Purpose. The purpose of the PD-47 Zone is to permit and regulate the development of that portion of the Planned Employment Center identified as Parcels D, E and F of Subdivision 8199 and that portion of the Planned Employment Center identified as Parcels A, B, and C of Subdivision 8200 and designated as Office – Business (“OB”) in the City’s General Plan Land Use Element.

C. Intent. It is intended that in order to achieve the purpose of the PD-47 Zone of implementing the development of a Planned Employment Center in conformance with the Brentwood Community Development Plan and Redevelopment Plan and in accordance with the Walnut Commercial Master Plan, said zone shall be divided into 3 Subareas as geographically designated on Exhibit A which is attached to this ordinance and incorporated herein by reference, and as further described below. The primary character of the area is intended to be a mix of commercial, office, and industrial uses. Light industrial and service uses may be allowed, provided that they are found compatible with the primary uses. Small scale support commercial uses shall be allowed to serve the surrounding community of major office complexes.

1. Subarea A consists of approximately 4.02 net acres (Parcels A, B, & C), intended for the development of approximately 45,000 square feet of commercial, office, and light industrial uses, including supporting retail services compatible with an Office / Business Center. 
2. Subarea B consists of approximately 3 net acres, (Parcels E and D), adjacent and South of Subarea A, intended for the development of approximately 41,000 square feet of lease space to serve the commercial / industrial needs of the Brentwood community. This Subarea will provide for light industrial and/or office, and support services related to light industrial and office employment – this area is identified due to proximity and similar uses to Subarea A – rezoning and development standards shall be submitted separately for approval prior to any development. 
3. Subarea C consists of approximately 33 acres (Parcels F, Weeks and Sciortino) adjacent and South of Subarea B, intended also for Commercial / Light Industrial / Business uses – this area is identified only due to proximity and similar uses to Subarea A – rezoning and development standards shall be submitted separately for approval prior to any development. 

17.502.002 Permitted Uses. The following uses are permitted within the PD-47 Zone:

A. Subarea A. The following uses shall be permitted within this subarea:

1. Business and professional offices (excluding full service financial institutions), such as software developer’s, architects, attorneys, accountants and office uses which are supplementary to industrial, business or commercial uses.

2. General office uses. 

3. Service uses supportive of light industrial / office uses, such as coffee 
and sandwich shops, dry cleaners, laundry, health club, recreation club, and similar services. These supportive services shall be limited to a maximum of 2,000 sq. ft. per building and 10% of the square footage for the entire subarea. No drive-thru access or facilities allowed.

4. Research and Development space which includes both office, support, and warehouse / research areas.

5. Similar uses subject to the approval of the Zoning Administrator.

B. Subarea B. – Uses shall be identified by separate PD – provided by others.

C. Subarea C. Uses shall be identified by separate PD – provided by others. 

17.502.003 Conditionally Permitted Uses. Upon obtaining a conditional use permit 
pursuant to Chapter 17.830, the following uses are permitted in the PD-47 Zone:

A. Subarea A. – The following uses shall be conditionally permitted within this subarea: 

1. Public and quasi-public uses appropriate to and compatible with the 
area such as hospitals, medical laboratory, outpatient care facility, business and technical schools (excluding full service financial institutions). 

2. Restaurants with sit-down facilities only (no drive-thru facilities) and not to exceed a maximum of 2,000 sq. ft. per building and 10% of the square footage for the entire subarea. 

3. All supportive services shall be limited to a maximum of 2,000 sq. ft. per building and 10% of the square footage for the entire subarea. No drive-thru access or facilities allowed.

B. Subarea B. – Uses shall be identified by separate PD – proposed by others at a later date

C. Subarea C. – Uses shall be identified by separate PD – proposed by others at a later date

17.502.004 Development Standards for Subarea A

All permitted and conditionally permitted uses developed within Subarea A shall conform to the development standards set forth as follows: 

A. Subarea A:

1. Minimum Lot Area: Twenty thousand (20,000) square feet.

2. Minimum Lot Width: One hundred (100) feet.

3. Minimum Street Frontage Yard: Ten (10) feet. 

4. Minimum Non-street Frontage Yard: Zero (0) feet.

5. Minimum Building Height: One (1) story not to exceed twenty-four (24) feet, two 
(2) story not to exceed forty (40) feet.

· Structures greater than two (2) stories or forty (40) feet may be permitted, subject to variance approval.

B. Subarea B. – Uses shall be identified by separate PD – proposed by others at a later date

C. Subarea C. – Uses shall be identified by separate PD – proposed by others at a later date

D. Architectural Design

1. Subarea “A”

a. All buildings within Subarea “A” shall be constructed with the same architectural theme, design and materials.

2. Subarea “B” – Design shall be identified by separate PD – proposed by others at a later date

3. Subarea “C” – Design shall be identified by separate PD – proposed by others at a later date 

E. Other regulations:

1. Refuse Disposal Enclosure. All facilities shall provide masonry 
refuse disposal enclosures to City standards and specifications.

a. Refuse pick-up shall be prohibited between the hours of 6:00pm and 7:00am. 

2. Illumination of Parking Facilities and Structures. All facilities shall
provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of Brentwood Municipal Code.

3. Parking Lot Design and Development Standards. All facilities shall 
comply with the design and development standards of Chapter 17,620, except as follows: 

Off-Street Parking Spaces Required, PD-47 Zone: 

Except as specified in Section 17.620.012 there shall be required for permitted uses in all “ PD-47” Zones. Business, Professional and Financial Office parking at a rate of one (1) space for each (250) feet of gross floor area. 

4. Open Storage or Display. Open storage and/or outdoor display of 
merchandise is prohibited.

5. Landscaping and Screening. Subarea A. Landscaping and 
screening shall be provided in accordance with Chapter 17.630 except as follows:

A. The minimum width of landscaping along Walnut Boulevard 
shall be thirty (30) feet. The minimum width of landscaping along Continente shall be five (5) feet when separating parking and ten (10) feet when separating building. All other secondary streets/drives shall be minimum of five (5) feet except where parking is directly off street, this is only allowed at 100’ minimum distance to major intersections and 20’ minimum from secondary intersections. Widths shall be measured from the face of curb to the edge of a building or parking lot. A public sidewalk is typically included within this required width, with the following exception – when widths are less than 10’ – no sidewalk shall be allowed. 

B. At the time of development, landscaping shall be installed along any property line abutting a residential zone district. The required landscaping shall consist of the following: 

a. Minimum width of the landscaped area shall be five (5) feet,

b. Landscape fingers or tree wells perpendicular to the perimeter landscaping shall be provided no more than 10 parking spaces apart.

c. Evergreen trees shall be planted in areas in paragraphs a 
and b such that a visual screen is created.

6. Advertising Signs. All signs shall be subject to Chapter 17.640 of 
the Brentwood Municipal Code.

7. Yards. All required yards shall be utilized for landscaping only, 
except for access drives to the property. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.

8. Accessory structures and buildings shall be permitted pursuant to the 
provisions of Chapter 17.660.

9. Security Measures. All facilities shall provide security measures in accordance with City standards and subject to design review. 

10. Energy Conservation. All facilities shall, to the greatest extent 
possible, incorporate energy conservation measures in conformance with City standards and subject to design review. 

11. Manufacturing and Storage Areas. All manufacturing processes shall 
be within a structure and all open storage areas shall be screened with a minimum six (6) foot high view-obscuring fence. No storage shall exceed the height of the fence. Solid walls shall be utilized for screening areas visible from a public street. 


17.502.005 Performance Standards for Subarea A. All permitted and conditionally permitted uses developed within Subarea A shall conform to the performance standards set forth below: 

A. Noise.

1. At the property line, the maximum sound pressure level radiated by listed
uses or facilities shall not exceed the following values: 

Industrial and warehouse 75dBA
Retail, commercial, office, schools 65dBA
(Between the hours of 6:00pm and 7:00am no uses can exceed 60dBA.)

2. The sound pressure level shall be measured with a sound level meter and 
associated octave band analyzer conforming to the standards prescribed by the American Standards Association. 

3. American Standards Sound Level Meters for Measurement of Noise and 
Other Sounds, Z224. 3-1944, American Standards Association, Inc. New York, NY, and American Standard Specification for Octave-Band Filter Set for Analysis of Noise and Other Sounds, Z224. 10-1953, or latest approved revision thereof, American Standards Association, Inc. New York, NY shall be used. 

B. Heat, Glare and Humidity.

1. Any operation producing intense heat shall be performed within a 
completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines. 

2. Any operation of activity producing glare shall be performed within a 
completely enclosed building and be conducted so that direct and indirect illumination from the source of light on the lot shall not cause illumination in excess of one (1) foot candle when measured at the lot line. Exposed sources of light shall be shielded and flickering or intense sources of light shall be controlled so as not to cause nuisance across lot lines. 

3. Any use producing humidity in the form of steam or moist air, or 
producing heat, shall be carried on in such a manner that steam, humidity or heat is not perceptible at any lot line. 

C. Vibration. Any industrial operation or activity which shall cause at any point along the property line of the subject use, earth-borne vibrations which are discernable without the use of instruments is prohibited. 

D. Fire, Safety and Explosion. All uses shall provide adequate safety devices against fire, explosion and other hazards and adequate fire fighting and fire suppression equipment in compliance with applicable fire prevention and building codes. 

E. Soundproofing. Offices, retail activities and other acoustically-sensitive activities shall be designed so that interior noise levels due to exterior noise sources do not exceed the peak hour Leq of 55 dBA.

F. Solid and Liquid Waste-

1. No discharge at any point into public sewer, system or bay into the ground shall be permitted, except in accord with standards approved by the State Department of Health, or standards specified in applicable local ordinances for similar uses of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements. 

2. No materials or wastes shall be deposited on any property in such form or
manner that they may be transferred off the property by natural causes or forces. 

3. Any wastes which might be attractive to rodents or insects shall be stored
outdoors only in closed containers. 

G. Electrical and Radioactive Radiation. No activities shall be permitted 
which emit dangerous radioactivity at any point, or electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbances. 

H. Air Pollution. All uses shall comply with regulations of the San Francisco 
Bay Area Air Pollution Control District. 

1. Smoke. For the purpose of determining the density or equivalent opacity of smoke, the Ringlemann Chart as published by the U.S. Bureau of Mines in Circular No. 7718 (August, 1995) shall be employed. The emission of smoke from any chimney, stack, vent, opening, or combustion process shall not exceed Ringlemann No. 1.

2. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable at the property line of the subject use. 

3. Toxic and Noxious Matter. No use shall be permitted which creates any emission which endangers human health, can cause damage to animals, vegetation or other property or which can cause soiling at any point beyond the boundaries of the site. 

17.502.006 Design and Site Development Review. The design and site development of all new structures within each Subarea shall comply with Chapter 17.820 of the Brentwood Municipal Code.

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov