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CITY COUNCIL AGENDA ITEM NO. 04

Meeting Date: Ju1y 10, 2001

Subject/Title: Second Reading and adoption of Ordinance Nos. 674 and 675 amending Planned Developments 40 and 42 for the property generally located west of Brentwood Boulevard and south of Sand Creek Road.

Submitted by: Community Development Department (Oshinsky/Hill)

Approved by: Jon Elam, City Manager

RECOMMENDATION
Waive the second reading and adopt Ordinance Nos. 674 and 675, as presented, which would amend Planned Developments 40 and 42.


PREVIOUS ACTION
At its meeting of June 26, 2001, the City Council introduced and waived the first reading of Ordinance Nos. 674 and 675. City Council desired changes in relation to PD-42; i.e., increasing the permitted number of dwelling units per acre within Subarea D to 12, and allowing drive-through uses as conditionally permitted uses within Subarea C, have been incorporated into Ordinance 675.


BACKGROUND
The Planning Commission at their May 15, 2001, meeting considered and subsequently recommended that the City Council amend existing Planned Development 40, moving the area designated as Subarea B into Planned Development 42, and amend Planned Development 42, creating development standards for this area.


Exhibits:
Ordinance Nos. 674 and 675












ORDINANCE NO. 674

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 40 BY ELIMINATING THE 3.57± ACRE AREA DESIGNATED AS SUBAREA B AND INCLUDING THIS AREA AS PART OF PD-42. THE PROPERTY IS GENERALLY LOCATED SOUTH OF SAND CREEK ROAD AND WEST OF BRENTWOOD BOULEVARD.

WHEREAS, staff has initiated a zoning amendment to Planned Development Zone 40 in order to provide a better definition between PD-40 and PD-42 by utilizing Sand Creek Road as the dividing line between these two zoning designations; and

WHEREAS, on May 15, 2001, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 01-31 which recommended the approval of the amendment to Planned Development No. 40 eliminating Subarea "B" from this area; 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 project 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 June 1, 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 for the area known as Planned Development 40 shown on the map attached as Exhibit A attached hereto and made a part of this ordinance.

Section 3.

Zoning Ordinance Chapter 17.491, known as Planned Development (PD) 40, is hereby amended to reflect the area shown on Exhibit A and to read as shown on Exhibit B attached hereto and made a part of this ordinance.

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 26th day of June, 2001, and adopted at a regular meeting of the Brentwood City Council on ____________________________, by the following vote:

AYES: 
NOES:
ABSENT:
ABSTAIN:

APPROVED:



___________________________________
Michael A. McPoland, Sr., Mayor


ATTEST:



_______________________________
Karen Diaz, CMC, City Clerk

Attachments:
Exhibit A -- PD-40 Map
Exhibit B -- Chapter 17.491 PD-40 Development Standards

EXHIBIT “A”
CHAPTER 17.491
PD ﷓ 40 (PLANNED DEVELOPMENT FORTY) ZONE

SAND CREEK BUSINESS CENTER

17.491.001 AUTHORITY, PURPOSE AND INTENT
17.491.002 PERMITTED USES
17.491.003 CONDITIONALLY PERMITTED USES
17.491.004 PROHIBITED USES
17.491.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED MATTERS
17.491.006 PERFORMANCE STANDARDS
17.491.007 DESIGN AND SITE DEVELOPMENT REVIEW
17.491.001 AUTHORITY, PURPOSE AND INTENT:
The authority, purpose and intent for the adoption of the PD﷓40 (Planned Development 40) Zone are as follows:
A. Authority: PD﷓40 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﷓40 Zone is to permit and regulate the development of the Sand Creek Business Center Planned District, as designated in the City Council’s Planning and Zoning Ordinances as a mixed-use zone, permitting maximum flexibility in uses in order to accommodate a variety of diverse as well as complementary office, commercial retail, business, and light industrial uses
C. Intent: It is intended that in order to achieve the purpose of the PD﷓40 Zone of implementing the development of a Planned Employment Center in conformance with the Brentwood General Plan in accordance with the Sand Creek Business Center Master Plan, said zone shall be defined 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 light industrial and office uses to accommodate the “flex-space” market. Commercial and retail uses may be allowed, provided that they are found compatible with the primary uses.

1. PD-40 consists of approximately 11.34 gross acres intended for the development of an approximate 140,000 sq. ft. light industrial office flex-space and business center to serve the untapped needs of the Brentwood community. The business center will provide for the development of light industrial, office and flex-space for potential users that would provide employment and services to the community.
17.491.002 PERMITTED USES: THE FOLLOWING USES ARE PERMITTED WITHIN THE PD﷓40 ZONE:
A. The following uses shall be permitted within this subarea:
1. Manufacturing uses consistent with high technology, electronics, R & D assembly and flex-space users.
2. Manufacturing uses including food products, pharmaceuticals and similar products that do not create excessive sewage or odor problems.
3. Light metal fabrication, machine shops, welding shops, small assembly, printing shops and similar light industrial uses which generate minimal noise, smoke, glare, waste material, etc.
4. Convenience banking centers and automatic teller machines in conjunction with another permitted use.
5. Medical and dental offices and/or laboratories.
6. Restaurants, cafes, delis, sports bars, health clubs and reducing studios to the extent that such uses do not occupy more than ten (10) percent of the gross floor area of an individual building.
7. Daycare and childcare facilities and meeting rooms in conjunction with another permitted use.
8. Public and quasi-public uses appropriate and compatible with the area such as educational institutions, business, technical, vocational and trade schools.
9. Stock brokerages, mortgage and real estate companies, credit union offices, but not banks and savings and loan institutions.
10. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, and other professional and general business offices.
11. Commercial uses which manufacture their primary product on the premises such as drapery shops, cabinet shops, upholstery shops, and similar uses.
12. Similar uses subject to the approval of the Zoning Administrator, provided they are not conditionally approved uses or prohibited by this chapter.
17.491.003 CONDITIONALLY PERMITTED USES:
Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD﷓40 Zone:
A. The following uses shall be conditionally permitted within this subarea:
1. Hospitals
2. Out patient care facilities.
3. Community center facilities.
4. Other uses that the Zoning Administrator determines, because of the type of operation, materials stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure, provided they are not prohibited by this chapter.
17.491.004 PROHIBITED USES
The following uses are prohibited within the PD-40 zone:
A. The following uses are prohibited:
1. Self-storage facilities.
2. Bowling alleys.
3. Funeral-service facilities and mortuaries.
4. Gasoline service stations and/or car washes.
5. Auto-related services uses (e.g. transmission shops, brake and tune-up shops, auto body repair, tire shops) that typically display or have merchandise outdoors.
6. All uses with outdoor sales and/or displays including new and used car, boat or other vehicle sales.
7. Drive-up or drive through establishments of any type or use.
8. Banks and savings and loans.
9. Off-sale liquor.
10. Laundromats.

17.491.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED MATTERS:
The following regulations shall apply to the PD-40 zone:
A. Minimum Lot Area, Minimum Lot Width, and Minimum Setbacks shall be established by the approved Site Plan exhibit(s) for PD-40 and/or any Subdivision or Parcel Map approved in conjunction with PD-40.
B. Maximum Building Height:
1. The maximum height of one-story structures shall not exceed thirty-two (32) feet:
2. The maximum height of two-story structures shall not exceed thirty-nine (39) feet.
3. Structures greater than two (2) stories or thirty-nine (39) feet may be permitted subject to variance approval as per Chapter 17.860 of the Brentwood Municipal Code.
4. Advertising Signs. All signs shall be subject to Chapter 17.640 of the Brentwood Municipal Code and the Sand Creek Business Center Sign Program.
5. Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 of the Brentwood Municipal Code or as shown on approved site plan exhibits within PD-40.
6. Accessory structures 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 approval.
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 approval.
9. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure.
C. Other Regulations:
1. Parking. Off-street parking within PD-40 shall be applied in accordance with Chapter 17.620 dependent on the particular tenant uses for particular buildings or as indicated on approved site plan exhibits within PD-40.
2. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures with exterior surfaces that are compatible with adjacent buildings and that adhere to City standards and specifications.
3. 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.
4. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.
5. Open Storage or Display. Open storage and/or outdoor display of merchandise is prohibited in the PD-40 zoning district.
17.491.006 PERFORMANCE STANDARDS:
All permitted and conditionally permitted uses developed within Subareas A & B 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:
6:01 a.m. – 9:59 p.m. 10:00 p.m. – 6:00 a.m.
Industrial and warehouse 75dBA 65dBA
Retail, commercial, office, schools 65dBA 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 an Octave-Band Filter Set for the 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 or 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 a 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 stream, 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 discernible 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 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, stream or bay or into the ground shall be permitted, except in accord with the 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 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 disturbance.
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 1955) 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.
17.491.007 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 the development of the Sand Creek Business Center, with an overall approved architectural theme.
Modification to Site Plan: The Community Development Director at his discretion may make modifications to approved Site Plans for PD-40 as long as such modifications are consistent with the architectural theme of the approved Design Review.


ORDINANCE NO. 675

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 42 BY ADDING A 3.57± ACRE AREA FORMERLY INCLUDED AS PART OF PD-40, SUBAREA B, AND BY ADDING DEVELOPMENT STANDARDS FOR THIS AREA LOCATED SOUTH OF SAND CREEK ROAD AND WEST OF BRENTWOOD BOULEVARD.

WHEREAS, the applicant has filed for a zoning amendment to Planned Development Zone 42 to add development standards for this property in order to accommodate future commercial development; and

WHEREAS, staff has initiated a zoning amendment to Planned Development Zone 40 eliminating the 3.57± acre area designated as Subarea B and including this area as part of PD-42 in order to provide a better definition between PD-40 and PD-42 by utilizing Sand Creek Road as the dividing line between these two zoning designations; and

WHEREAS, on May 15, 2001, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 01-32 which recommended the approval of the amendment to Planned Development No. 42 adding the 3.57± acre area formerly included as part of PD-40, Subarea B, and adding development standards for this area; 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 project 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 June 1, 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 for the area known as Planned Development 42 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 17.493 hereby known as Planned Development 42 is hereby added to the Zoning Ordinance for the purpose of regulating certain real property and establishing development standards for the project as shown on Exhibit B attached and made a part of this ordinance.

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 26th day of June, 2001, and adopted at a regular meeting of the Brentwood City Council on ____________________________, by the following vote:

AYES: 
NOES:
ABSENT:
ABSTAIN:

APPROVED:



___________________________________
Michael A. McPoland, Sr., Mayor








ATTEST:



_______________________________
Karen Diaz, CMC, City Clerk

Attachments:
Exhibit A -- PD-42 Subarea Map
Exhibit B -- Chapter 17.493 PD-42 Development Standards











































EXHIBIT B

CHAPTER 17.493
PD ﷓ 42 (PLANNED DEVELOPMENT FORTY-TWO) ZONE

GREGORY RANCH

17.493.001 AUTHORITY, PURPOSE AND INTENT
17.493.002 PERMITTED USES
17.493.003 CONDITIONALLY PERMITTED USES
17.493.004 PROHIBITED USES
17.493.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED MATTERS
17.493.006 PERFORMANCE STANDARDS
17.493.007 DESIGN AND SITE DEVELOPMENT REVIEW
17.493.001 AUTHORITY, PURPOSE AND INTENT:
The authority, purpose and intent for the adoption of the PD﷓42 (Planned Development 42) Zone are as follows:
A. Authority: PD﷓42 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﷓42 Zone is to permit and regulate the development of the Gregory Ranch Planned District, as designated in the City Council’s Planning and Zoning Ordinances as a mixed-use zone, permitting maximum flexibility in uses in order to accommodate a variety of diverse as well as complementary multi-family residential, office, commercial retail, hotel, restaurant, business, self-storage, and light industrial uses.
C. Intent: It is intended that in order to achieve the purpose of the PD﷓42 Zone of implementing a cohesive, mixed-use development in conformance with the Brentwood General Plan, said zone shall be divided into nine (9) 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 multi-family residential, light industrial, and offices to accommodate the dynamic “flex-tech” market, as well as hotel, restaurant, and ancillary commercial, retail, and self-storage uses related to major thoroughfares. 
1. Subarea A consists of approximately 2.98 gross acres intended for the development of approximately 65,000 square feet of new technology self-storage to serve both the employment uses being developed in the vicinity, as well as the growing residential uses in the region that require self-storage. 
2. Subarea B consists of approximately .5 gross acres intended for the development of approximately 6,000 square feet of future office, convenience retail, and similar compatible uses to serve the needs of the Brentwood Community.
3. Subarea C consists of approximately 3.0 gross acres intended for the development of commercial uses typically associated with thoroughfares such as hotels, restaurants, auto service stations, drive-in/drive-through establishments, and the like.
4. Subarea D consists of approximately 10 gross acres intended for the development of a multi-family, residential community of a maximum of 120 units. 
5. Subarea E consists of approximately 1.1 acres intended for the development of future office, leasing office, commercial service, convenience retail, recreational, and similar compatible uses to serve the needs of the adjacent multi-family community as well as the needs of the surrounding employment area.
6. Subarea F consists of approximately 8.75 gross acres intended for the development of an approximately 100,000 square foot industrial warehouse, office, flex-space, and business center to serve the untapped needs of the Brentwood community. This business center will provide for the development of industrial, office, and flex space for potential users and user owners that would provide employment and services to the community. 
7. Subarea G consists of approximately 3.17 gross acres with uses to be determined by subsequent planned development amendment.
8. Subarea H consists of approximately 74.77 gross acres with uses to be determined by subsequent planned development amendment.
9. Subarea I consists of approximately 22.2 gross acres with uses to be determined by subsequent planned development amendment.
17.493.002 PERMITTED USES: THE FOLLOWING USES ARE PERMITTED WITHIN THE PD﷓42 ZONE:
A. Subarea A: The following uses shall be permitted within this subarea:
1. Commercial uses for the rental or sale of packing and moving of related items.
2. Commercial uses for the operation of a postal box rental facility.
B. Subarea B: The following uses shall be permitted within this subarea:
1. Medical and dental offices and/or laboratories.
2. Nursery, childcare and daycare centers.
3. Public and quasi-public uses appropriate with the area such as electronical institutions, business, technical, vocational, and trade schools.
4. Stock brokerages, mortgage and real estate companies, credit union offices, but not banks and savings and loan companies.
5. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, and other professional and general business offices.
6. Commercial uses or services such as beauty shop, barber shop, photo studio, convenience retail uses or services such as a bakery, pastry shop, book store, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques.
7. Addressing and mailing service, blueprinting, photostatting, and/or photocopying services (other than a printer or lithographer), drafting service, messenger service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices.
8. General retail sales excluding uses with outdoor storage or display.
9. Other retail uses subject to the approval of the Community Development Director provided they are not conditionally approved uses or prohibited by this chapter.
C. Subarea C: The following uses shall be permitted within this subarea:
1. Commercial uses or services such as beauty shop, barber shop, photo studio, convenience retail uses or services such as a bakery, pastry shop, book store, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques.
2. General retail sales excluding uses with outdoor storage or display.
3. Other retail uses subject to the approval of the Community Development Director provided they are not conditionally approved uses or prohibited by this chapter.
D. Subarea D: The following uses shall be permitted within this subarea:
1. Duplex, triplex, apartments, and other small multi-family structures; townhouses and single-family, attached or detached homes; all not exceeding a density of twelve (12) dwellings per gross acre.
2. Accessory facilities or buildings related to the primary use subject to Chapter 17.660.
3. Nursery, childcare and daycare centers.
E. Subarea E: The following uses shall be permitted within this subarea:
1. Medical and dental offices and/or laboratories.
2. Nursery, childcare, and daycare centers.
3. Public and quasi-public uses appropriate with the area such as electronical institutions, business, technical, vocational, and trade schools.
4. Stock brokerages, mortgage and real estate sales and leasing companies, credit union offices, but not banks and savings and loan companies.
5. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, and other professional and general business offices.
6. Commercial uses which manufacture their primary product on the premises, such as drapery shops, cabinet shops, upholstery shops, and similar uses.
7. Commercial uses or services such as beauty shop, barber shop, photo studio, convenience retail uses or services such as a bakery, pastry shop, book store, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques.
8. Addressing and mailing service, blueprinting, photostatting, and/or photocopying services (other than a printer or lithographer), drafting service, messenger service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices.
9. General retail sales excluding uses with outdoor storage or display.
10. Other retail uses subject to the approval of the Community Development Director provided they are not conditionally approved uses or prohibited by this chapter.
F. Subarea F: The following uses shall be permitted within this subarea:
1. Medical and dental offices and/or laboratories.
2. Nursery, childcare, and daycare centers.
3. Public and quasi-public uses appropriate with the area such as electronical institutions, business, technical, vocational, and trade schools.
4. Stock brokerages, mortgage and real estate companies, credit union offices, but not banks and savings and loan companies.
5. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, and other professional and general business offices.
6. Commercial uses which may or may not manufacture their primary product on the premises, such as drapery shops, cabinet shops, upholstery shops, and similar uses.
7. Commercial uses or services such as beauty shop, barber shop, photo studio, convenience retail uses or services such as a bakery, pastry shop, book store, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques.
8. Addressing and mailing service, blueprinting, photostatting, and/or photocopying services (other than a printer or lithographer), drafting service, messenger service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices.
9. General retail sales excluding uses with outdoor storage or display.
10. Office uses which are supplementary to any industrial, business, or commercial uses permitted in the zone.
11. Other retail uses subject to the approval of the Community Development Director provided they are not conditionally approved uses or prohibited by this chapter.
G. Subarea G: Permitted uses for this subarea shall be determined by subsequent planned development amendment.
H. Subarea H: Permitted uses for this subarea shall be determined by subsequent planned development amendment.
I. Subarea I: Permitted uses for this subarea shall be determined by subsequent planned development amendment.
17.493.003 CONDITIONALLY PERMITTED USES:
Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD﷓42 Zone:
A. Subarea A: The following uses shall be conditionally permitted within this subarea:
1. Self-storage facilities which may or may not include an on-site resident unit.
2. Other uses that the Community Development Director determines, because of the type of operation, materials stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure, provided they are not prohibited by this chapter.
B. Subarea B: The following uses shall be conditionally permitted within this subarea:
1. Sit down restaurants, cafes, delicatessens and sports bars.
2. On site sale liquor establishments.
3. Billiard halls, skating rinks and similar recreational facilities.
4. Funeral service facilities and mortuaries.
5. Other uses that the Community Development Director determines, because of the type of operation, materials stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure, provided they are not prohibited by this chapter.
C. Subarea C: The following uses shall be conditionally permitted within this subarea:
1. Health clubs, reducing studios, recreational clubs, and similar recreational uses.
2. Sit down restaurants, cafes, delicatessens, and sports bars.
3. On-site sale liquor establishments.
4. Hotels and motels.
5. Gasoline service stations and/or car washes.
6. Drive-up or drive-through establishments of any type or use.
7. Other uses that the Community Development Director determines, because of the type of operation, materials stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure, provided they are not prohibited by this chapter.
D. Subarea D: The following uses shall be conditionally permitted within this subarea:
Uses that the Community Development Director determines, because of the type of operation, materials stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure, provided they are not prohibited by this chapter.
E. Subarea E: The following uses shall be conditionally permitted within this subarea:
1. Outpatient-care facilities.
2. Health clubs, reducing studios, swimming pools, tennis courts, bocće ball courts, gymnasiums, recreational clubs, and similar recreational uses and facilities.
3. Sit down restaurants, cafes, delicatessens, and sports bars.
4. On-site sale liquor establishments.
5. Other uses that the Community Development Director determines, because of the type of operation, materials stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure, provided they are not prohibited by this chapter.
F. Subarea F: The following uses shall be conditionally permitted within this subarea:
1. Public and quasi-public uses necessary and appropriate. 
2. 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.
3. Churches as temporary uses in existing buildings (Ord. 450, eff. 6/27/89).
4. Health clubs, reducing studios, recreational clubs, and similar recreational uses.
5. Sit down restaurants, cafes, delicatessens, and sports bars.
6. On-site sale liquor establishments.
7. All uses that, as a necessity of their business, require outdoor sales and/or displays, including new and used car, boat, or other vehicle sales.
8. Light metal fabrication, machine shops, and similar uses.
9. Light industrial uses which generate minimal noise, odor, smoke, waste material, and similar items which may negatively impact the environment. Such uses include but are not limited to small assembly plants, printing establishments, contractors storage yard, lumber yard, and similar uses.
10. Business services such as laundry, dry cleaning, automotive repair, or service establishments such as electronic, clock, or watch repair, small equipment repair, small welding shop, lumber yard, or similar facilities.
11. Auto-related services uses (e.g., transmission shops, brake and tune-up shops, auto body repair, tire shops) that typically display or have merchandise outdoors.
12. Other uses that the Community Development Director determines, because of the type of operation, materials stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure, provided they are not prohibited by this chapter.
G. Subarea G: Conditionally permitted uses for this subarea shall be determined by subsequent planned development amendment.
H. Subarea H: Conditionally permitted uses for this subarea shall be determined by subsequent planned development amendment.
I. Subarea I: Conditionally permitted uses for this subarea shall be determined by subsequent planned development amendment.
17.493.004 PROHIBITED USES
The following uses are prohibited within the PD-42 zone:
A. Subarea A The following uses are prohibited:
1. Bowling alleys.
2. Funeral-service facilities and mortuaries.
3. Gasoline service stations and/or car washes.
4. Auto-related services uses (e.g. transmission shops, brake and tune-up shops, auto body repair, tire shops) that typically display or have merchandise outdoors.
5. All uses that, as a necessity of their business, require outdoor sales and/or displays including new and used car, boat or other vehicle sales.
6. Drive-up or drive through establishments of any type or use.
7. Banks, savings and loans and/or financial institutions.
8. Off-sale liquor.
9. Laundromats.


B. Subarea B. The following uses are prohibited:
1. Gasoline service stations and/or car washes.
2. Auto-related services uses (e.g. transmission shops, brake and tune-up shops, auto body repair, tire shops) that typically display or have merchandise outdoors.
3. All uses that, as a necessity of their business, require outdoor sales and/or displays including new and used car, boat or other vehicle sales.
4. Laundromats.
5. Self-storage facilities.
6. Banks, savings and loans and/or financial institutions.
7. Drive-up or drive through establishments of any type or use.
C. Subarea C: The following uses are prohibited:
1. Self-storage facilities.
2. Bowling alleys.
3. Funeral-service facilities and mortuaries.
4. Auto-related services uses (e.g., transmission shops, brake and tune-up shops, auto body repair, tire shops) that typically display or have merchandise outdoors.
5. All uses that, as a necessity of their business, require outdoor sales and/or displays including new and used car, boat, or other vehicle sales.
6. Laundromats.
7. Banks, savings and loans and/or financial institutions.
8. Off-sale liquor.
D. Subarea D: The following uses are prohibited:
1. Commercial, retail or service uses.
E. Subarea E: The following uses are prohibited:
1. Self-storage facilities.
2. Bowling alleys.
3. Funeral-service facilities and mortuaries.
4. Gasoline service stations and/or car washes.
5. Auto-related services uses (e.g., transmission shops, brake and tune-up shops, auto body repair, tire shops) that typically display or have merchandise outdoors.
6. All uses that, as a necessity of their business, require outdoor sales and/or displays including new and used car, boat, or other vehicle sales.
7. Drive-up or drive-through establishments of any type or use.
8. Banks and savings and loans.
9. Off-sale liquor.
10. Laundromats.
F. Subarea F: The following uses are prohibited:
1. Self-storage facilities.
2. Bowling alleys.
3. Gasoline service stations and/or car washes.
4. Drive-up or drive-through establishments of any type or use.
5. Banks and savings and loans.
6. Off-sale liquor.
7. Laundromats.
G. Subarea G: Prohibited uses for this subarea shall be determined by subsequent planned development amendment.
H. Subarea H: Prohibited uses for this subarea shall be determined by subsequent planned development amendment.
I. Subarea I: Prohibited uses for this subarea shall be determined by subsequent planned development amendment.

17.493.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED MATTERS:
A. The following regulations shall apply to Subarea A of the PD-42 zone:
Minimum Lot Area - 2 acres
Minimum Lot Width - 100 feet
Minimum Street Frontage Setback - 18 feet
Minimum Non Street Frontage Setback - 0 feet
Maximum Building Height - 2 Stories and/or 30 feet

B. Regulations for lot area, yards, height and related matters for Subareas B through I shall be determined by amendment to these planned development guidelines prior to and/or in conjunction with submittal of a development plan.

C. Other Regulations:
1. Advertising Signs. All signs shall be subject to Chapter 17.640 of the Brentwood Municipal Code.
2. Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 of the Brentwood Municipal Code.
3. Accessory structures shall be permitted pursuant to the provisions of Chapter 17.660.
4. Security Measures. All facilities shall provide security measures in accordance with City standards and subject to design review approval.
5. Energy Conservation. All facilities shall, to the greatest extent possible, incorporate energy conservation measures in conformance with City standards and subject to design review approval.
6. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure.
7. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures with exterior surfaces that are compatible with adjacent buildings and that adhere to City standards and specifications.
8. 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.
9. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.
17.493.006 PERFORMANCE STANDARDS:
All permitted and conditionally permitted uses developed within all subareas 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:
6:01 a.m. – 9:59 p.m. 10:00 p.m. – 6:00 a.m.
Industrial and warehouse 75dBA 65dBA
Retail, commercial, office, schools 65dBA 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 an Octave-Band Filter Set for the 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 or 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 a 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 stream, 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 discernible 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 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, stream or bay or into the ground shall be permitted, except in accord with the 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 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 disturbance.
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 1955) 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.
17.493.007 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 this planned development.
Modification to Site Plan: The Community Development Director at his discretion may make modifications to approved Site Plans for PD-42 as long as such modifications are consistent with the architectural theme of the approved Design Review.



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