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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: May 14, 2002

Subject/Title: Second reading and adoption of Ordinance 703 for an amendment to the PD-24 (Planned Development No. 24) Zone to establish development standards for Sub Area "A", a 4.34 acre site located on the east side of Guthrie Lane, approximately 250 feet south of Balfour Road (APN 010-150-034)

Submitted by: Community Development Department (Mitch Oshinsky, Community Development Director/Erik Nolthenius, Associate Planner)

Approved by: John Stevenson, City Manager

RECOMMENDATION 
Waive the second reading and adopt Ordinance 703 for an amendment to the PD-24 (Planned Development No. 24) Zone to establish development standards for Sub Area "A", a 4.34 acre site located on the east side of Guthrie Lane, approximately 250 feet south of Balfour Road (APN 010-150-034).

PREVIOUS ACTION
At its meeting on April 23, 2002, the City Council waived the first reading and introduced Ordinance 703 which approves an amendment to the PD-24 Zone to establish development standards for Sub Area "A", a 4.34 acre site located on the east side of Guthrie Lane, approximately 250 feet south of Balfour Road (APN 010-150-034).

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a multi-phase professional office/commercial complex.

ATTACHMENT
Ordinance No. 703


ORDINANCE NO. 703

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE PLANNED DEVELOPMENT NO. 24 (PD-24) ZONE BY ESTABLISHING DEVELOPMENT STANDARDS FOR A 4.34-ACRE SITE, LOCATED ON THE EAST SIDE OF GUTHRIE LANE, APPROXIMATELY 250 FEET SOUTH OF BALFOUR ROAD (APN 010-150-034).

WHEREAS, New Point Development, LLC has requested that the City approve an amendment to the PD-24 Zone, located on the east side of Guthrie Lane, approximately 250 feet south of Balfour Road; and

WHEREAS, on April 2, 2002, the Planning Commission conducted a duly noticed public hearing, considered public comments, and adopted Resolution No. 02-11 which recommends the approval of the amendment to the PD-24 Zone by establishing development standards for the 4.34-acre project site; and

WHEREAS, specific development plans for the first phase of a three-phase commercial complex have been submitted and will be considered by the Planning Commission at a future date; and

WHEREAS, a Notice of Exemption under Sections 15180 and 15332 of the CEQA Guidelines was prepared and adopted for this request; therefore, no additional environmental review is necessary; and

WHEREAS, the Planning Commission of the City of Brentwood has considered the amendment to the PD-24 Zone; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on April 12, 2002, and mailed to all property owners of record within 300 feet of the project site in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed amendment on April 23, 2002, for the purpose of reviewing the application, considering the Planning Commission's action and considering all comments made by the public with respect to this proposed amendment; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the Planning Commission recommendation, the presentation by City Staff, the staff report, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations, and documents regarding the proposed amendment; 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 site is physically suitable for the type and the density of development proposed.
2. The proposed amendment to the PD-24 Zone is consistent with the City's Zoning Ordinance and the City Council's previously expressed intent to stimulate job generating uses within the City.

3. The proposed amendment to the PD-24 Zone 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.

4. The development of the project site, 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.

5. 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 Section 65863.6).

6. The proposed amendment to the PD-24 Zone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

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

Section 1.

Approves the amendment to the PD-24 Zone for the area 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 2.

Chapter 17.474 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 hereto and made a part of this Ordinance.

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 23rd day of April, 2002, and adopted at a regular meeting of the Brentwood City Council on the 14th day of May, 2002, by the following vote:

AYES: 
NOES: 
ABSENT: 
ABSTAIN: 


APPROVED: 
________________________
Michael A. McPoland, Sr., Mayor


ATTEST:
_________________________
Karen Diaz, City Clerk

Attachments:
Exhibit A - Sub Area Map for PD-24
Exhibit B - Development Standards for PD-24 Amendment (Chapter 17.474)

EXHIBIT B

CHAPTER 17.474

Planned Development No. 24 (PD-24) Zone
Guthrie Commercial Complex
Sub Area 'A'

Sections

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

17.474.001 Authority, Purpose and Intent. The authority, purpose and intent for the adoption of the Planned Development No. 24 (PD-24) Zone are as follows: 

A. Authority. The PD-24 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-24 Zone, Sub Area 'A', is to permit and regulate the development of 4.34 acres (APN 010-150-034) designated as BP (Mixed Use Business Park) by the City of Brentwood General Plan Land Use Map.

C. Intent. It is intended that in order to achieve the purpose of the PD-24 Zone of implementing the development of a mixed use business park in conformance with the Brentwood General Plan and Redevelopment Plan, the primary character of the area is intended to be a mix of commercial, office, service and light industrial uses.

1. The project site consists of 4.34 acres and is intended for the development of approximately 56,000 square feet of commercial, office, service and light industrial uses, including supporting retail services compatible with an Office/Business Center and Technology Center. 

17.474.002 Permitted Uses. The following uses are permitted within this sub area of the PD-24 Zone:

A. The following uses shall be permitted within Sub Area 'A':

1. General office uses.

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

3. Research and Development space that includes office, support, and warehouse/research areas (i.e. Flex-Tech).

4. Service uses, such as coffee and sandwich shops, dry cleaners, laundry facilities, and similar services. 

5. Medical or dental laboratories.

6. Medical or dental offices or clinics. 

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

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

17.474.003 Conditionally Permitted Uses. The following uses are permitted upon obtaining a Conditional Use Permit pursuant to Chapter 17.830 within this sub area of the PD-24 Zone:

A. The following uses shall be conditionally permitted within Sub Area 'A': 

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

2. Restaurants.

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

4. Health clubs and recreation clubs.

5. Churches.

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

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


17.474.004 Development Standards for Sub Area 'A':

All non-residential permitted and conditionally permitted uses developed within Sub Area 'A' shall conform to the development standards set forth as follows: 

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

2. Minimum Lot Width: One hundred (100) feet, street frontage not required with access easement.

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

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

5. Maximum Building Height: One (1) story not to exceed thirty (30) feet.

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 6:00 pm and 7:00 am. 

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 of the Brentwood Municipal Code. 

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

5. Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 17.630 of the Brentwood Municipal Code, except as follows:

A. The minimum width of landscaping (including sidewalk) along Guthrie Lane shall be twenty (20) feet. The minimum width of landscaping along adjacent parcels shall be five (5) feet when separating parking and ten (10) feet when separating a building. All other secondary streets/drives shall have a minimum landscaping width 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 residentially zoned area. 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 identified in sections a. and b. such that a visual screen is created.

6. Advertising Signs. All signs shall be subject to an approved Master Sign Program.

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 of the Brentwood Municipal Code.

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

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. 

17.474.005 Performance Standards. All permitted and conditionally permitted uses shall conform to the performance standards set forth below: 

A. Noise.

1. All uses shall comply with Chapter 9.32 of the Brentwood Municipal Code.

B. Heat, Glare and Humidity.

1. Any operation producing intense heat shall be performed within a completely enclosed building in such a manner so 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 that shall cause at any point along the property line of the subject use, earth-borne vibrations that 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 natural causes or forces may transfer them off the property. 

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. 

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