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CITY COUNCIL AGENDA ITEM NO. 05



Meeting Date: May 22, 2001

Subject/Title: Second Reading and adoption of Ordinance No. 668 amending Planned Development 38 to create development standards for the property generally located north of Lone Tree Way, east of Empire Avenue, and west of the Union Pacific Railroad tracks.

Submitted by: Oshinsky/Hill

Approved by: Jon Elam, City Manager

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 668, as presented, which would amend Planned Development 38.

PREVIOUS ACTION
At its meeting of May 8, 2001, the City Council introduced and waived the first reading of Ordinance No. 668.

BACKGROUND
The Planning Commission at their April 17, 2001, meeting considered and on a 5-0 vote recommended that the City Council amend the existing Planned Development 38 to create development standards for this area.

ORDINANCE NO. 668


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 38 BY ADDING DEVELOPMENT STANDARDS FOR THIS AREA LOCATED NORTH OF LONE TREE WAY, EAST OF EMPIRE AVENUE AND WEST OF THE UNION PACIFIC RAILROAD TRACKS.

WHEREAS, the applicant has filed for a zoning amendment (RZ 01-04) to Planned Development Zone 38 to add development standards for this property in order to accommodate future commercial development; and

WHEREAS, on April 17, 2001, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 01-18 which recommended the approval of the amendment to Planned Development No. 38 adding development standards for this property; and

WHEREAS, an Initial Study and Negative Declaration were prepared for this project in accordance with the California Environmental Quality Act and were considered as a part of the review and approval process; and

WHEREAS, the Negative Declaration identified potentially significant environment effects associated with the proposed project which can be feasibly mitigated or avoided, and these mitigation measures are to be included in project conditions of approval for this area and will reduce the impacts identified to a less than significant level; and 

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on April 27, 2001, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; 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 housing 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 Guidelines, 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 the Mitigated Negative Declaration prepared for this project, and all potentially adverse impacts will be 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.

A. Approves the mitigated Negative Declaration prepared for the proposed project.

B. Directs staff to file the Notice of Determination with the County Clerk

Section 2.

Approves the zoning amendment of 101± acres for the area known as Planned Development Zone 38 shown on the map attached as Exhibit A, and adopts development standards for this area as designated on Exhibit B attached hereto and made a part of this ordinance.

Section 3.

Chapter 17.488 is hereby added to the Zoning Ordinance for the purpose of regulating certain real property and establishing development standards for the project.

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 8th day of May, 2001, and adopted at a regular meeting of the Brentwood City Council on May 22, 2001, by the following vote:


EXHIBIT B

Chapter 17.488

PD-38 (Planned Development Thirty-Eight) Zone

Sections
17.488.001 Authority, Purpose, and Intent
17.488.002 Permitted Uses - Subarea A
17.488.003 Conditionally Permitted Uses - Subarea A
17.488.004 Permitted Uses - Subarea B
17.488.005 Conditionally Permitted Uses - Subarea B
17.488.006 Permitted Uses - Subarea C
17.488.007 Conditionally Permitted Uses - Subarea C
17.488.008 Prohibited Uses 
17.488.009 Development Standards
17.488.010 Design and Site Development Review


17.488.001 Authority, Purpose, and Intent. The authority, purpose, and intent for the adoption of the PD-38 (Planned Development Thirty-Eight) zone are as follows:

A. Authority. PD-38 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-38 zone is to permit and regulate the development of business park and commercial uses within Planning Area "F" as designated by the City of Brentwood General Plan.

C. Intent. In order to achieve the purpose of implementing the development of business park and retail uses identified in the Brentwood General Plan for PD-38 zone, said zone shall be divided into three 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 business park and retail uses.

1. Subarea A consists of 11± acres intended for self-storage and retail uses to serve the needs of the Brentwood community.

2. Subarea B consists of 43± acres intended for a mix of general commercial and regional commercial uses.

3. Subarea C consists of 47± acres intended for business park uses. This area will also provide for uses ancillary to business park uses.


17.488.002 Permitted Uses in Subarea A. The following are permitted with Subarea A of PD-38:

1. Self-service storage facilities (mini-storage or warehouses), with or without resident manager dwelling unit.

2. Outdoor uses, including outdoor storage that is located at least 200 feet north of Lone Tree Way or other such distance as approved by the Community Development Director.

3. Business services, such as laundry, dry cleaning, or service establishments, such as electronic, television repair, and small equipment rental or repair.

4. Day Care Facilities

5. Similar uses subject to the approval of the Community Development Director.

17.488.003 Conditionally Permitted Uses in Subarea A. The following uses are permitted in Subarea A of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:

1. Auto rental, leasing or sales, auto services and repair facility, boat and recreational vehicle sales, service and repair facility, and parts and accessory store.

2. Drive-in and drive-through establishments, including gas stations, but excluding all prohibited uses.

3. Businesses whose primary use is off-site liquor sales.

4. Outdoor sales/display uses and outdoor storage facilities that are located closer than 200 feet to Lone Tree Way or other such distance as approved by the Community Development Director.

5. Health club, reducing studios, recreational services and similar facilities.

6. General retail uses, including liquor sales for off-site consumption that are ancillary to the primary retail use.

7. Other uses that the Community Development Director determines because of the type of operation, material stored or sold, or other special circumstances requiring special consideration and conditioning through the conditional use permit procedure.

17.488.004 Permitted Uses in Subarea B. The following are permitted within Subarea B of PD-38:

1. General and regional retail uses.
2. Business, office, and service establishments under 5,000 square feet, such as, but not limited to, laundromat, dry cleaning, travel agencies, insurance offices, electronic and television repair, small equipment rental or repair, medical, dental, optical or veterinary pet services (excluding kennels), and other similar business, office, and service establishments that are under 5,000 square feet.

3. Day care facilities.

4. Restaurant, café, and other food service uses, including outdoor dining, but without drive-in or drive-through facilities providing the size of the food service use is 15 percent or less of the floor area of the building.

5. Similar uses subject to the approval of the Community Development Director.

17.488.005 Conditionally Permitted Uses in Subarea B. The following uses are permitted in Subarea B of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:

1. Self-service storage facilities (mini-storage or warehouses), with or without resident manager dwelling unit.

2. Drive-in and drive-through establishments, including gas stations, but excluding all prohibited uses.

3. Liquor sales for on or off-site consumption that are ancillary to the primary retail use.

4. Businesses whose primary use is off-site liquor sales, other than as ancillary to a primary retail use.

5. Outdoor sales/display uses and outdoor storage facilities.

6. Business, office, and service uses over 5,000 square feet, plus medical or dental offices, or clinics over 5,000 square feet.

7. Public and quasi-public uses appropriate to and compatible with the area, such as hospitals, medical laboratory, outpatient facility, convalescent hospitals, business and technical schools.

8. Health club, reducing studios, recreational services and similar facilities.

9. Tire shop, auto seat and upholstery shop, billiard hall, bowling alleys, lodge, fraternal hall, and community facility.

10. Funeral services and crematoriums.

11. Automotive, boat, or machinery repair.

12. Auto sales, boat sales, camper, or recreational vehicle sales, mobile or manufactured housing sales, and other outdoor sales, or display uses.

13. Restaurant, café, and other food service uses, including outdoor dining, that are larger than 15% of the floor area of the building in which the restaurant or food service use is located or which propose drive-in or drive-through facilities.

14. Other uses that the Community Development Director determines because of the type of operation, material stored or sold, or other special circumstances requiring special consideration and conditioning through the conditional use permit procedure.

17.488.006 Permitted Uses Subarea C. The following are permitted within Subarea C of PD-38.

1. Business, office, and service uses including medical, dental, and optical offices or clinics, and veterinary facilities (excluding kennels).

2. Public and quasi-public offices, such as government offices, library, employment office, utility office, and similar uses.

3. Business park uses, including, but not limited to, research and development uses, warehouse, distribution and wholesale uses, medical or dental laboratories, and other similar uses.

4. Light industrial and manufacturing uses, such as small assembly, printing shop, and similar uses, which generate minimal noise, odor, smoke, waste material, or other similar impacts.

5. Uses that manufacture their primary product on the premises, such as a drapery shop, cabinet shop, upholstery shop, and similar uses. Ancillary retail sale of these products is allowed.

6. General retail uses, including cafes and food service uses that do not exceed 15% of the building area of an office, business park or industrial building, and are intended to primarily serve users of Subarea C.

7. Day care facilities.

8. Other similar uses as determined by the Community Development Director.

17.488.007 Conditionally Permitted Uses Subarea C. The following uses are permitted in the PD-38 Subarea C subject to securing a conditional use permit pursuant to Chapter 17.830:]

1. Public and quasi-public uses appropriate to and compatible with the area, such as hospitals, convalescent hospitals, and business and technical schools.

2. Animal boarding kennels.

3. Funeral services, mortuaries and crematoriums.

4. Health club, reducing studios, recreational services and similar facilities.

5. Restaurants, bars, lounges and food service uses that exceed 15% of the building area of an office, business park or industrial building, or are a freestanding building.

6. Light or medium industrial uses that will have a moderate to high impact on surrounding uses, including, but not limited to, metal fabrication, machine shops, and welding shop.

7. Outdoor storage yard or outdoor industrial uses.

8. Manufacture of food products, pharmaceuticals, and similar products, excluding the production of fish or meat products, or similar products that create excessive sewage or odor problems, provided all manufacturing activities are performed inside a building.

9. Other uses that the Community Development Director determines because of the type of operation, material stored or sold, or other special circumstances that require special consideration and conditioning through the conditional use permit procedure.

17.488.008 Prohibited Uses

Banks and financial institutions are prohibited in all subareas of this Planned Development.

17.488.009 Development Standards

A. All uses developed within all three subareas of PD-38 shall conform to the development standards set forth as follows:

Minimum Lot Area 10,000 s.f.
Minimum Lot Width 50 ft.

Minimum Street Frontage Setback
for 1 story structures or less than 20 feet tall 5 feet
Minimum Street Frontage Setback
for 2 story structures or less than 35 feet tall 10 feet
Minimum Street Frontage Setback
for 3 story structures or less than 45 feet tall 20 feet
Minimum Non Street Frontage Setback 0 feet*

*Non Street Frontage Setbacks for parcels adjoining existing residential uses must be approved by the Planning Commission during the design review or conditional use permit process.

Maximum Building Height 45 feet or three stories**

**Structures greater than 45 feet or 3 stories may be permitted subject to conditional use permit approval, with a 30-foot street frontage setback.

B. Other development standards:

1. Refuse Disposal Enclosure. All dumpsters, compactors, or semi-open trash containers shall be screened with masonry or cement refuse disposal enclosures to City standards and specifications.

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 the Brentwood Municipal Code.

3. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.

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

5. Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 17.630.

6. Accessory Structures and buildings shall be permitted pursuant to the provisions of Chapter 17.660.

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

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

9. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure and all open storage areas (excluding outdoor sales areas) shall be screened with a minimum six (6) foot high view-obscuring fence. No storage shall exceed the height of the fence without securing a conditional use permit. Masonry walls shall be utilized for screening outdoor manufacturing and storage areas visible from a public street, while chain link with view-obscuring slats or other fencing materials, may be used for screening areas not visible from a public street.

17.488.010 Design and Site Development Review. The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to new structures within PD-38.

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