CITY COUNCIL AGENDA ITEM
Meeting Date: November 14, 2000
Subject/Title: Public Hearing: To rezone (RZ 00-08) 36.33
acres from PEC Zone to PD-47 Zone.
Submitted by: Oshinsky/Zilm
Approved by: Jon Elam, City Manager
Introduce and waive the first reading of Ordinance No. 645 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.
In August 22, 2000, the City Council introduced and waived the first reading,
however drive-thru uses were not included. On September 12, 2000, Council voted
to re-hear this item to include drive-thru uses as a permitted use subject
to Conditional Use Permit.
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
The Planning Commission, by a 4 – 0 –1 vote, voted to recommend that the City
Council approve Rezone 00-08 creating PD-47 with the stipulation that any restaurant,
café or sandwich shop be proposed as a sit-down facility only and no drive-thru
facilities be allowed.
At their August 22, 2000 meeting the City Council reviewed, made changes to
and approved Rezone 00-08 creating PD-47 with development standards for Subarea “A”.
The applicant requested that the Council consider the drive-thru access and
allow for its use. The City Council did discuss and agreed to the drive-thru
access for the supportive services, however when it came time to make the motion
to approve the rezone creating PD-47, the wording to allow the drive-thru access
was left out of the motion and therefore was not approved.
On the September 12, 2000 meeting for the second reading of the ordinance this
item was pulled from the consent calendar to add the wording to allow for the
drive-thru access, subject to a Conditional Use Permit. However, the City Attorney
felt that since this item was originally a public hearing and that adding the
wording to allow the drive-thru access was a substantial change to the development
standards this change should be re-noticed as a public hearing to allow the
neighbors the opportunity to comment on it.
This item is before the City Council tonight to approve the previously approved
changes and add the wording to the development standards to allow drive-thru
access for supportive services.
In general the Planning Commission and staff try to discourage drive-thru’s,
as is done in many progressive communities, which encourage pedestrian activities.
Drive-thru’s lead to increased vehicle idling, smog generation and waste of
fuel resources. Due to these generally negative environmental aspects of drive-thru’s
the Planning Commission and staff cannot strongly suport them. While the applicant
argues that a potential Starbucks tenant needs a drive-thru, most existing
Starbucks do not have drive-thru’s, yet are successful.
1. Ordinance No.
2. Chapter 17.502 PD-47 development guidelines
3. Map of proposed rezone site
ORDINANCE NO. 645
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;
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;
WHEREAS, the Planning Commission at its meeting on July 18, 2000,
recommended approval of the requested rezone by passing Resolution No.
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
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
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
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. Based on 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:
Approves the rezoning of 36.33 acres (RZ 00-08) from Planned Employment Center
(PEC) to Planned Development Forty-seven (PD-47) as reflected in Exhibit “A” and
directs City staff to make the necessary change on the official zoning map
of the City.
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.
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.
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;
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
B. This Ordinance shall go into effect thirty (30) days after the date of its
passage and adoption.
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 10TH day of October, 2000, and
adopted at a regular meeting of the Brentwood City Council on the ____ day
of ________ 2000 by the following vote:
Ordinance No. 645
PD – 47 (Planned Development 47 ) Zone
Walnut Commercial Site
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
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
A. Subarea A. The following uses shall be permitted within this subarea:
1. Business and professional offices, 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. Secondary uses could occupy up to 10% of the total building
square footage with no more than 2,500 square feet per use.
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
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 and full service financial institutions.
3. Secondary uses could occupy up to 15% of the total building square footage
with no more than 2,500 square feet per use. Drive-thru access to supportive
services allowed with a Conditional Use Permit only.
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,
(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
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 perfor-
mance standards set forth below:
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
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
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
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.