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CITY COUNCIL AGENDA ITEM NO. 05



Meeting Date: June 26, 2001

Subject/Title: Second Reading and adoption of Ordinance 673 for Amendment to Planned Development (PD) 47 to create development standards for Subarea “B” within PD-26, located west of Walnut Boulevard and south of Continente Avenue.

Submitted by: Community Development Department (Oshinsky/Zilm) 

Approved by: Jon Elam, City Manager



RECOMMENDATION

Waive the second reading and adopt Ordinance ___, as presented, approving an amendment to Planned Development (PD) No. 47 to create development standards for Subarea “B” within PD-47. 

PREVIOUS ACTION

At its meeting of June 12, 2001, the City Council introduced and waived the first reading of Ordinance ___.

BACKGROUND

The Planning Commission at their June 5, 2001 meeting recommended that the City Council amend the existing Planned Development 47 creating development standards for Subarea “B” allowing for the construction of a 19,950 sq. ft. office, commercial, and flex tech building. The original PD was created with development standards for Subarea “A” only and as development occurs in the remaining two subareas each developer will be responsible for creating development standards. 

These proposed development standards are consistent with the development standards that were approved for Subarea “A” of PD-47.

EXHIBITS:

A. PD-47 Site Map.
B. City Council Ordinance No.____
C. Amended Planned Development No. 47 development standards for Subarea “B” 



EXHIBIT “A”
PD-47 SITE MAP

EXHIBIT “C”
CHAPTER 17.502

PD – 47 (Planned Development 47 ) Zone
Jeffry Commercial / Walnut Commercial

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 40,000 square feet of lease space to serve the office, R&D, commercial & service commercial needs of the Brentwood community, including supporting retail services compatible with an Office, Business, and Technology center.

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 & B – 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, 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. – The following shall be permitted within this subarea:

1. General Office uses.

2. Business and professional offices, such as software developer’s, architects, attorney’s, accountants and office uses which are supplementary to industrial, business or commercial uses. 

3. Research and Development space which includes both office, support, and warehouse / research areas. ( Flex-Tech)

4. Service uses supportive of office / Flex-Tech uses, such as coffee and sandwich shops, dry cleaners, laundry, health club, recreation club, and similar services. Secondary uses can occupy up to 10% of the total building square footage with no more than 2,000 square feet per use.

5. Medical or dental laboratories, medical or dental office or clinic. 

6. Commercial uses including but not limited to uses which may or may not manufacture their primary product on the premises such as a drapery shop, cabinet shop, or upholstery shop. 

7. Services uses including but not limited to appliance, television and radio repair, small equipment repair or service. 

8. Light metal fabrication, machine shops, small welding shops, small assembly, and printing shop. 

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


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, and full service financial institutions.

2. Restaurants.

3. Secondary uses could occupy up to 15% of the total building square footage with no more than 3,000 square feet per use. Drive-thru access to supportive services allowed with a Conditional Use Permit only.

B. Subarea B. The following uses shall be conditionally permitted within this area:

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

2. Restaurants.

3. Drive-thru access to supportive services allowed with a Conditional Use Permit only.

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


17.502.004 Development Standards for Subarea A

All non-residential 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:

1. Minimum Lot Area: Twenty thousand (20,000 s.f.).

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.

C. Subarea C. – Uses shall be identified by a separate amendment to PD-47 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” 

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

3. Subarea “C” – Design shall be identified by a separate amendment to PD-47 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 & B. 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 twenty (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 & B. 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

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.


PD-47 SITE MAP 
EXHIBIT “B”

ORDINANCE NO. ____ 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 47 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA “B” WITHIN PD-47 LOCATED WEST OF WALNUT BOULEVARD AND SOUTH OF CONTINENTE AVENUE. 

WHEREAS, the applicant has filed for an amendment of the development standards of his property to accommodate the subdivision; and

WHEREAS, on June 5, 2001 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 01-27 which recommended the approval of the amendments of Planned Development No. 47 development standards by adding development standards for Subarea “B”; 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, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on June 3, 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 finds:

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 1:5 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 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, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. 

Approves the amendment to Planned Development Forty-seven (PD-47) as reflected on Exhibit “B” and directs City staff to make the necessary change on the official zoning map of the City.

Section 2.

Chapter 17.502 (PD-47) of the Zoning Ordinance is hereby amended for the purpose of regulating certain real property and establishing development standards for the project, as shown with highlighted text in Exhibit “C” attached and made a part of this resolution.

Section 3.

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 4.

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 12th day of June and adopted at a regular meeting of Brentwood City Council on the 26th day of June, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:



APPROVED:


________________________
Michael A. McPoland, Sr., Mayor




ATTEST:


_____________________________
Karen Diaz, CMC,
City Clerk

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