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CITY COUNCIL AGENDA ITEM NO. 19


Meeting Date: June 25, 2002

Subject/Title: Amendment to Planned Development Zone (PD) 56 to create development standards for the Sunset Industrial Park and a resolution to allow for an appropriate significant noise threshold change of 10 dBA.

Submitted by: Community Development Department (Oshinsky/Zilm) 

Approved by: John Stevenson, City Manager

RECOMMENDATION
Adopt a resolution accepting the 10-dBA change in ambient noise conditions as a citywide policy and introduce and waive the first reading of Ordinance No.____ approving an amendment to Planned Development Zone No. 56 by adding development standards for the Sunset Industrial Park. 

PREVIOUS ACTION
The City Council approved a shell Planned Development Zone No. 56 on November 27, 2001 as part of the General Plan Update. 

BACKGROUND
An Environmental Impact Report was prepared for the Sunset Industrial Park and all of the suggested mitigation measures are included as conditions of approval for this project. A copy of the Environmental Impact Report is available for viewing at the City Clerk’s Office and the Community Development Department.

One of the express purposes of the California Environmental Quality Act is to provide to the people of California freedom from excessive noise. The Guidelines for Implementation of the California Environmental Act Section 15064.7 permit noise thresholds of significance to be adopted for general use as part of the lead agency’s environmental review process if it is adopted by appropriate means and developed through a public review process and be substantial evidence. The City’s Planning Commission adopted by certain evidence in the record and through the public hearing process during its review of the Sunset Industrial Park a threshold of significant standard of 10 dBA threshold as the appropriate CEQA noise standard for measuring potential significant for general use as part of the City’s environmental review process. 

The City of Brentwood is transitioning from a pristine undeveloped area with a very low noise level into an urban and suburban community with appropriate much higher noise levels and therefore, the 10 dBA threshold of significance is appropriate standard for the City of Brentwood to generally use as part of its CEQA review process. Caltrans uses the 10 dBA as the threshold of significance for CEQA noise standard and most of the noise impacts occurring in the City of Brentwood are related to increase traffic noise, the City Council reaffirms the City Planning Commission’s adoption of the 10 dBA threshold of significance for CEQA review process. A resolution to accept the 10 dBA threshold of significance as a citywide policy is included with this report for the Council’s review.


The Planning Commission at their June 4, 2002 meeting considered and on a 5 – 0 vote, recommended that the City Council amend the existing shell Planned Development Zone No. 56 Development Standards creating development standards for the Sunset Industrial Park. 
The proposed standards are as follows ( as shown on the attached Subarea Map):

1. Subarea A: This area consists of 5.6 ± acres intended for light industrial uses and a limited amount of retail uses intended to serve on-site businesses, users of the adjacent sports park, and nearby residents. 

2. Subarea B: This area consists of 8.6± acres intended for light to medium industrial uses. 

3. Subarea C: This area consists of 14.6± acres intended for medium to heavy industrial uses. 

PERMITTED USES

A. Subarea A: The following uses shall be permitted within Subarea A, all uses shall be conducted indoors unless otherwise permitted:

1. General retail and service uses, not to exceed a combined total square footage of 10,000 square feet for all retail uses within this Subarea. Such uses can include, but are not limited to the following: 
q Deli food service not to exceed 1,000 square feet of floor space
q Commercial Laundromat and dry cleaning establishments 
q Parts and accessory stores

2. Light industrial uses or business services, within enclosed buildings, including but are not limited to, the following: 
q Printing establishments 
q Automobile repair or service
q Welding shop
q Biotechnology research, development and production operations Appliance repair shops
q Cabinet, drapery, or upholstery shop 

3. Office and retail display uses that are incidental to industrial, business, or commercial uses permitted in this Subarea, not to exceed 20% of the square footage of primary use building area or 10% of the lot area.

4. Warehouse, distribution and wholesale

5. Outdoor Storage, handling, and distribution areas when screened to prevent viewing interior contents from ground level of public right of way.

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



Subarea B: The following uses shall be permitted within Subarea B: 

1. Light and medium industrial uses within an enclosed building such as:
q Biotechnology research, development and production operations

2. Manufacturing businesses producing products within an enclosed building such as: 
q Building materials manufacture and assembly, excluding production of asphalt, cement.
q Upholstery, cabinet or woodworking shops, furniture manufacturing or assembly uses
q Small assembly plants 
q Commercial printing 
q Computer and electronic manufacturing
q Battery manufacture and assembly 
q Manufacturing and assembly of boats or other equipment 
q Microbreweries (no onsite retail consumer tasting rooms or retail sales)
q Glass and glass product manufacturing and assembly
q Food processing and food product manufacturing, storage and distribution

3. Service businesses within enclosed buildings including but not limited to:
q Automobile repairing and refurbishing 
q Auto body painting 
q Recreational vehicle, boat, truck and machinery repair, including body repair and sales 
q Industrial and farm equipment rental 
q Warehousing, shipping and distribution 
q Engine repair
q Light fabricating services
q Welding and machine shop 
q Construction yard 
q Glass services
q Wholesale supply businesses
q Veterinary services and indoor kennels, outdoor kennels permitted with conditional use permit

4. Light or medium industrial uses or manufacturing businesses such as:
q Public and private utility facilities and equipment such as cellular telephone towers or power distribution equipment

5. Retail and office uses, incidental to the primary business, up to 20% of the square footage of primary use building area or 10% of the lot area.

6. Outdoor Storage, handling, and distribution areas when screened to prevent viewing interior contents from ground level of public areas or adjoining lots

7. Similar uses, which by the nature of their operation generate minimal noise, odor, smoke, dust, or waste material are subject to the approval of the City's Community Development Director. 

Subarea C: The following uses shall be permitted within Subarea C: 

1. Medium and heavy industrial uses, which by the nature of their operation can generate noise, dust, fumes, vibration activities and frequent heavy truck traffic, within acceptable environmental thresholds. 

2. Manufacturing businesses enclosed within a building such as:
q Machine shops, not including drop hammers, automatic screw machines or punch presses with a rated capacity of over twenty tons
q Metal container manufacture and assembly and metal finishing and plating 
q Motor and generator manufacture and assembly
q Paper product manufacture and assembly
q Porcelain manufacture and assembly
q Warehousing, shipping and distribution
q Veterinary clinics, hospitals including outdoor kennels
q Food processing and distribution 
q Distilleries and wineries (no onsite retail consumer tasting room or retail sales)
q Freight forwarding terminals, transit yards and trucking terminals
q Plastics manufacture, fiberglass molding and assembly
q Rubber products manufacture and assembly Linoleum or oil cloth manufacture and assembly
q Graphite and graphite process manufacture and assembly
q Agriculture chemicals or pharmaceuticals

3. Storage, holding, display, manufacturing and distribution area(s) required for a permitted use, including outdoor storage.

4. Similar uses which by the nature of their operation generate minimal noise, odor, smoke, dust, or waste material, subject to the approval of the City's Community Development Director. 

CONDITIONALLY PERMITTED USES:

The following uses are conditionally permitted subject to securing a Conditional Use Permit pursuant to Chapter 17.830:

A. Subarea A: The following uses require a Conditional Use Permit in Subarea A:

1. Lumber or milling yard. 

2. Nurseries for sale of plants and flowers and other enterprises customarily conducted in the open.

3. Any retail uses that exceed the combined total square footage of 10,000 square feet for all retail uses in this Subarea.

4. Outdoor storage, holding, display, manufacturing and distribution area(s) exceeding screen heights or with interior contents that can otherwise be seen from ground level of public right of way. 

5. Other uses that the Community Development Director determines, because of the operation, storage requirements, goods sold, or other special consideration, should require a Conditional Use Permit.

Subarea B: The following uses require a Conditional Use Permit in Subarea B:

1. Lumber or milling yard

2. Outdoor storage, holding, display, manufacturing and distribution area(s) exceeding screening heights or with interior contents that can otherwise be seen from ground level of public right of way. 

3. Other uses that the Community Development Director determines, because of operation, storage requirements, goods sold, or other special consideration, should require a Conditional Use Permit. 

C. Subarea C: The following uses require a Conditional Use Permit in Subarea C:

1. Heavy Industry including, but not limited to the following uses: 
q Gravel, rock and cement yards
q Asphalt and asphalt product manufacture and assembly 
q Concrete batching facility, cement product manufacturing

2. Manufacturing and processing businesses not enclosed within a building, such as:
q All uses listed as permitted uses enclosed within a building in Subarea “C”
q Meat or fish product processing and packaging, excluding slaughtering and glue manufacture
q Metal container manufacture and assembly
q Steel and structural steel product manufacture 
q Lumber milling operation, truss and beam manufacturing
q Large boat manufacture and assembly
q Recycling plants: storage, sorting, collecting or baling of iron, junk, paper, rags, or scrap metal within a completely enclosed structure
q Clay product manufacture and assembly
q Painting, enameling and lacquering shops
q Textile manufacturing, bleaching, or processing
q Metal casting and foundries 
q Motor testing of internal combustion engines
q Lumber milling operation, truss and beam manufacturing
q Building materials manufacture and assembly pipe, tile and concrete block manufacturing
q Biotechnology research, development and production operations

3. Retail and office uses, ancillary to the primary business, that exceed 20% of the square footage of primary use building area or 10% of the lot area.

4. Other uses that the Community Development Director determines, because of the operation, storage requirement, goods sold, or other special consideration, should require a Conditional Use Permit.

FISCAL IMPACT:

It is estimated that this Industrial Park will generate revenue via sales and property tax for the City of Brentwood. 


EXHIBITS:

A. City Council Ordinance 
B. City Council Resolution 
C. Amended Planned Development No. 56 development standards for the Sunset Industrial Park
D. Sunset Industrial Park Subarea Map 


EXHIBIT “A”

ORDINANCE NO. 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 56 BY ADDING DEVELOPMENT STANDARDS FOR THE SUNSET INDUSTRIAL PARK, LOCATED EAST OF BRENTWOOD BOULEVARD, WEST OF SELLERS AVENUE AND NORTH OF SUNSET ROAD. 

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

WHEREAS, on June 4, 2002 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 02-28 which recommended the approval of the amendments of Planned Development No. 56 development standards by adding development standards for the Sunset Industrial Park, certify and finalize the EIR, and file the Notice of Determination; and

WHEREAS, an Environmental Impact Report was prepared for the Sunset Industrial Park in accordance with the California Environmental Quality Act and was considered as a part of the review and approval process; and

WHEREAS, the Environmental Impact Report identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these project measures are included in the project conditions of approval 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 14, 2002, 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, as follows, that the proposed amendment will:

1. Establish clear development standards for the uses permitted under the General Plan and the approved Sunset Industrial Park.

2. Provide standards resulting in development that is consistent and compatible with surrounding uses.

3. Provide for adequate public uses and private open space.

4. Generate a level of traffic that can be accommodated by the public circulation system, existing or planned.

5. That the proposed development will clearly result in a more desirable use of land and a better physical environment than would be possible under any single or combination of zones.

6. That the PD Zone proposed amendment is on property, which has suitable relationship to one or more thoroughfares; and that said thoroughfares are adequate to carry any traffic generated by the development.

7. That the plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility.

8. 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 will be in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s Community Development Plan, including all relevant Elements therefore, and with any applicable Specific Plan adopted by the City.

9. The City Council has reviewed the Environmental Impact Report prepared for this project and orders the filing of the Notice of Determination with the County Clerk.

10. Pursuant to Section 15168 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 Sunset Industrial Park Project. The City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR. Therefore, since the mitigation measures are incorporated as conditions of approval of the project, the Program EIR for the Sunset Industrial Park is adequate for all approvals relating to the project.

11. 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 Environmental Impact Report for further public review. The Environmental Impact Report has not undergone any reorganization on this account. The City Council has considered all verbal and written comments relating to the Environmental Impact Report and finds no significant new information has arisen.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. The above recitals are true and correct.

Section 2. The subject project is hereby zoned as the Sunset Industrial Park within Planned Development 56 for commercial, industrial and retail uses.

Section 3. Chapter 17.511 has hereby been amended for the purpose of regulating certain real property and establishing development standards for the Sunset Industrial Park.

Section 4. Chapter 17.511 is hereby known as Planned Development 56 (PD-56).

Section 5. Amendments to Chapter 17.511 are hereby added to read as shown in Attachment “A” attached hereto and made a part of this Ordinance.

Section 6. 

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 in the Ledger-Dispatch a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 7. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

NOW, THEREFORE, that the City of Brentwood is transitioning from a pristine undeveloped area into an urban community, the City of Brentwood does hereby set 10dBa as the threshold of significance for changes in the ambient noise conditions and does hereby direct that this standard shall be the official standard of the City of Brentwood to be used on all future projects.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 25th day of June, 2002 and adopted at a regular meeting of Brentwood City Council on the 9th day of July, 2002, by the following vote:







EXHIBIT “B”
RESOLUTION NO. ____________


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING USE OF A THRESHOLD OF 10 DBA AS A NOISE STANDARD FOR CEQA PURPOSES

WHEREAS, one of the express purposes of the California Environmental Quality Act (“CEQA”) is to provide to the people of California freedom from excessive noise, as stated in Public Resources Code §21001(b); and 

WHEREAS, the Guidelines for Implementation of the California Environmental Act section 15064.7 permit thresholds of significance to be adopted for general use as part of the lead agency’s environmental review process if adopted by appropriate means (i.e., ordinance, resolution, rule or regulation) and developed through a public review process and supported by substantial evidence; and

WHEREAS, the City’s Planning Commission adopted by certain evidence in the record and through the public hearing process during its review of the Sunset Industrial Park a threshold of significance standard of 10 dBA increase in the ambient noise condition as the appropriate California Environmental Quality Act (“CEQA”) noise standard for measuring potential significance for general use as part of the City’s environmental review process; and

WHEREAS, the City of Brentwood is transitioning from a pristine undeveloped area with a very low noise level into an urban and suburban community with higher noise levels and therefore, the 10dBA threshold of significance is an appropriate standard for the City of Brentwood to generally use as part of its CEQA review process; and 

WHEREAS, Caltrans uses 10 dBA as the threshold of significance standard for the CEQA ambient change noise standard and most of the noise impacts occurring in the City of Brentwood are related to increased traffic noise, the City Council reaffirms the City Planning Commission’s adoption of the 10 dBA threshold of significance for CEQA review purposes 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BRENTWOOD AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. The Council hereby reaffirms the Planning Commission’s adoption of the 10 dBA threshold of significance standard as the appropriate CEQA ambient change noise standard for measuring potential significance for the general use as part of the City’s environmental review process as permitted by Guidelines for CEQA Section 15064.7.

Section 3. This resolution shall take effect immediately upon its passage.

ADOPTED by the City Council of the City of Brentwood at a regular meeting of said Council held on the 25TH day of June, 2002, by the following vote:

CHAPTER 17.511
PD-56 (Planned Development 56) Zone

SUNSET INDUSTRIAL COMPLEX

17.511.001 AUTHORITY, PURPOSE AND INTENT
17.511.002 PERMITTED USES
17.511.003 CONDITIONALLY PERMITTED USES
17.511.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS
17.511.005 OTHER REGULATIONS
17.511.006 PERFORMANCE STANDARDS

17.511.001 AUTHORITY, PURPOSE AND INTENT: 

The authority, purpose and intent for the adoption of the PD-56 (Planned Development 56) zone are as follows:

A. Authority: PD-56 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-56 Zone is to establish, permit and regulate the development of industrial uses on 32.5 acres (28.2 total for individual lots) currently designated as “Public Facility” and “Industrial” by the City of Brentwood 2001 General Plan. 

C. Intent: In order to implement the development of “Public Facilities” and “Industrial” uses identified in the City of Brentwood 2001 General Plan for P.D.-56 Zone, said zone shall be divided into three subareas as geographically designated on Exhibit "A", which is attached to this ordinance and incorporated herein by reference, and as further described below. The primary character of the area is intended to be a mix of light, medium and heavy industrial uses to serve the needs of the Brentwood Community below. 

1. Subarea A: This area consists of 5.6 ± acres intended for light industrial uses and a limited amount of retail uses intended to serve on-site businesses, users of the adjacent sports park, and nearby residents. 

2. Subarea B: This area consists of 8.6± acres intended for light to medium industrial uses. 

4. Subarea C: This area consists of 14.6± acres intended for medium to heavy industrial uses. 





17.511.002 PERMITTED USES:

The following uses are permitted within the designated Subareas:

B. Subarea A: The following uses shall be permitted within Subarea A, all uses shall be conducted indoors unless otherwise permitted:

6. General retail and Service uses, not to exceed a combined total square footage of 10,000 square feet for all retail uses within this Subarea. Such uses can include, but are not limited to the following: 
q Deli food service not to exceed 1,000 square feet of floor space
q Commercial Laundromat and dry cleaning establishments 
q Parts and accessory stores

7. Light industrial uses or business services, within enclosed buildings, including but are not limited to, the following: 
q Printing establishments 
q Automobile repair or service
q Welding shop
q Biotechnology research, development and production operations 
q Appliance Repair, Cabinet, drapery, or upholstery shops 

8. Office and retail display uses that are incidental to industrial, business, or commercial uses permitted in this Subarea, not to exceed 20% of the square footage of primary use building area or 10% of the lot area).

9. Warehouse, distribution and wholesale

10. Outdoor storage, handling, and distribution areas when screened to prevent viewing interior contents from ground level of public right of way.

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

C. Subarea B: The following uses shall be permitted within Subarea B: 

2. Light and medium industrial uses within an enclosed building such as:
q Biotechnology research, development and production operations

4. Manufacturing businesses producing products within an enclosed building such as: 
q Building materials manufacture and assembly, excluding production of asphalt, cement.
q Upholstery, cabinet or woodworking shops, furniture manufacturing or assembly uses
q Small assembly plants 
q Commercial printing 
q Computer and electronic manufacturing
q Battery manufacture and assembly 
q Manufacturing and assembly of boats or other equipment 
q Microbreweries (no onsite retail consumer tasting rooms or retail sales)
q Glass and glass product manufacturing and assembly
q Food processing and food product manufacturing, storage and distribution

5. Service businesses within enclosed buildings including but not limited to:
q Automobile repairing and refurbishing 
q Auto body painting 
q Recreational vehicle, boat, truck and machinery repair, including body repair and sales 
q Industrial and farm equipment rental 
q Warehousing, shipping and distribution 
q Engine repair
q Light fabricating services
q Welding and machine shop 
q Construction yard 
q Glass services
q Wholesale supply businesses
q Veterinary services and indoor kennels, outdoor kennels permitted with conditional use permit

4. Light or medium industrial uses or manufacturing businesses such as:
q Public and private utility facilities and equipment such as cellular telephone towers or power distribution equipment

5. Retail and office uses, incidental to the primary business, up to 20% of the square footage of primary use building area or 10% of the lot area.

6. Outdoor Storage, handling, and distribution areas when screened to prevent viewing interior contents from ground level of public areas or adjoining lots

7. Similar uses, which by the nature of their operation generate minimal noise, odor, smoke, dust, or waste material are subject to the approval of the City's Community Development Director. 

D. Subarea C: The following uses shall be permitted within Subarea C: 

2. Medium and heavy industrial uses, which by the nature of their operation can generate noise, dust, fumes, vibrational activities and frequent heavy truck traffic, within acceptable environmental thresholds. 

2. Manufacturing businesses enclosed within a building such as:
q Machine shops, not including drop hammers, automatic screw machines or punch presses with a rated capacity of over twenty tons
q Metal container manufacture and assembly and metal finishing and plating 
q Motor and generator manufacture and assembly
q Paper product manufacture and assembly
q Porcelain manufacture and assembly
q Warehousing, shipping and distribution
q Veterinary clinics, hospitals including outdoor kennels
q Food processing and distribution 
q Distilleries and wineries (no onsite retail consumer tasting room or retail sales)
q Freight forwarding terminals, transit yards and trucking terminals
q Plastics manufacture, fiberglass molding and assembly
q Rubber products manufacture and assembly Linoleum or oil cloth manufacture and assembly
q Graphite and graphite process manufacture and assembly
q Agriculture chemicals or pharmaceuticals

3. Storage, holding, display, manufacturing and distribution area(s) required for a permitted use, including outdoor storage.

4. Similar uses which by the nature of their operation generate minimal noise, odor, smoke, dust, or waste material, subject to the approval of the City's Community Development Director. 

17.511.003 CONDITIONALLY PERMITTED USES:

The following uses are conditionally permitted subject to securing a Conditional Use Permit pursuant to Chapter 17.830:

A. Subarea A: The following uses require a Conditional Use Permit in Subarea A:

2. Lumber or milling yard. 

3. Nurseries for sale of plants and flowers and other enterprises customarily conducted in the open.

4. Any retail uses that exceed the combined total square footage of 10,000 square feet for all retail uses in this Subarea.

5. Outdoor storage, holding, display, manufacturing and distribution area(s) exceeding screen heights or with interior contents that can otherwise be seen from ground level of public right of way. 

6. Other uses that the Community Development Director determines, because of the operation, storage requirements, goods sold, or other special consideration, should require a Conditional Use Permit.





B. Subarea B: The following uses require a Conditional Use Permit in Subarea B:

1. Lumber or milling yard

2. Outdoor storage, holding, display, manufacturing and distribution area(s) exceeding screening heights or with interior contents that can otherwise be seen from ground level of public right of way. 

3. Other uses that the Community Development Director determines, because of operation, storage requirements, goods sold, or other special consideration, should require a Conditional Use Permit. 

C. Subarea C: The following uses require a Conditional Use Permit in Subarea C:

2. Heavy Industry including, but not limited to the following uses: 
q Gravel, rock and cement yards
q Asphalt and asphalt product manufacture and assembly 
q Concrete batching facility, cement product manufacturing

2. Manufacturing and processing businesses not enclosed within a building, such as:
q All uses listed as permitted uses enclosed within a building in Subarea “C”
q Meat or fish product processing and packaging, excluding slaughtering and glue manufacture
q Metal container manufacture and assembly
q Steel and structural steel product manufacture 
q Lumber milling operation, truss and beam manufacturing
q Large boat manufacture and assembly
q Recycling plants: storage, sorting, collecting or baling of iron, junk, paper, rags, or scrap metal within a completely enclosed structure
q Clay product manufacture and assembly
q Painting, enameling and lacquering shops
q Textile manufacturing, bleaching, or processing
q Metal casting and foundries 
q Motor testing of internal combustion engines
q Lumber milling operation, truss and beam manufacturing
q Building materials manufacture and assembly pipe, tile and concrete block manufacturing
q Biotechnology research, development and production operations

3. Retail and office uses, ancillary to the primary business, that exceed 20% of the square footage of primary use building area or 10% of the lot area.

4. Other uses that the Community Development Director determines, because of the operation, storage requirement, goods sold, or other special consideration, should require a Conditional Use Permit.



17.511.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS

The following regulations shall apply to all subareas as described below:

A. Subarea A: 

1. Minimum Lot Area: One-half (.5) acre

2. Minimum Lot Width: One hundred (100) feet

3. Minimum Building or Storage Front Yard Setback: Twenty (20) feet

4. Minimum Building or Storage Side Yard Setback: On the street side of a corner site, the side yard shall be not less than twenty (20) feet. Interior side yards shall be five (5) feet for buildings and one (1) foot for outdoor storage.

5. Minimum Building and Storage Rear Yard Setback: Five (5) feet for buildings and one (1) foot for outdoor storage. 

6. Maximum Building Height: Twenty-four (24) feet

B. Subarea B: 

1. Minimum Lot Area: One-half (.5) acre

2. Minimum Lot Width: One hundred (100) feet

3. Minimum Building and Storage Front Yard Setback: Twenty (20) feet

4. Minimum Building and Storage Side Yard Setback: Five (5) feet for buildings and one (1) foot for storage.

5. Minimum Building and Storage Rear Yard Setback: Ten (10) feet for buildings and one (1) foot for storage. 

6. Maximum Building Height: Two stories, not to exceed thirty five (35) feet.

C. Subarea C: 

1. Minimum Lot Area: Two (2) acres

2. Minimum Lot Width: Two hundred (200) feet

3. Minimum Building and Storage Front Yard Setback: Twenty (20) feet

4. Minimum Building and Storage Side Yard Setback: Five (5) feet for buildings and one (1) foot for storage.

5. Minimum Building and Storage Rear Yard: Five (5) feet for buildings and one (1) foot for storage. 

6. Maximum Building Height: Two stories, not to exceed thirty-five (35) feet. Equipment, towers and non-building structures shall have a maximum height of seventy-two (72) feet.
17.511.005 OTHER REGULATIONS

The following standards shall be applicable to all uses proposed within PD-56 zone, except expressly provided for otherwise within the regulations of each individual zone:

A. Except where modified in Section 17.511.006, all uses within proposed subareas A, B, and C shall comply with Chapters 17.200 and 17.300.

B. Off-street parking shall be in accordance with Chapter 17.620.

C. Landscaping for parking lots and yard setbacks shall be provided in accordance with Chapter 17.630.

D. Screening of parking areas accessible to the public is required. Screening of interior storage and private vehicle and truck parking shall be provided in accordance with Section 17.630

E. Design and Site Development Review of all new structures within each Subarea shall comply with Chapter 17.820. Architectural and site plan review shall confirm conformance with these PD standards. Standards suitable for industrial buildings and uses will be used in determining the acceptability of proposed building types and architecture.

F. Refuse Container Enclosure. All industrial facilities shall provide refuse disposal enclosures screened from public view.

G. Storage Areas. All open storage areas shall be screened with a minimum six-foot high view-obscuring fence. No storage shall exceed the height of the fence in Subarea A or B without a conditional use permit. Masonry walls shall be utilized for screening uses within Subarea A while chain link with view-obscuring slats or fencing materials other than wood, and landscaping may be used for screening uses in Subareas B and C.

H. All signs are subject to the regulations of Chapter 17.640 and shall be subject to administration review. No off site signage allowed.

I. All industrial facilities shall provide security measures in accordance with city standards and shall be subject to design review.

J. All industrial facilities shall, to the greatest extent possible, incorporate energy conservation measures in conformance with city standards and subject to design review.

K. All industrial facilities shall, to the greatest extent possible, utilize recycled water for landscape irrigation or other controlled use in conformance with standards set forth by the city and per Title 22 of the California Code of Regulations.

L. Standard commercial and industrial building materials, prefabricated metal buildings or concrete tilt-up buildings having concrete tile, metal tile or asphalt shingle roofing material shall be allowed in Subareas “A”, “B”, and “C”. Exterior metal sided buildings are not allowed in Subarea “A”.

17.511.006 PERFORMANCE STANDARDS

The following performance standards are applicable to uses proposed within PD-56, unless expressly provided for otherwise within the regulations of each individual zone:

A. Noise.

All uses shall comply with current noise limits in Chapter 9.32 of City of Brentwood Municipal Code and or with standards contained in the Sunset Industrial Park Environmental Impact Report.

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 property lines.

2. Any operation or activity in Subareas A and B producing glare shall be performed within a completely enclosed building and be conducted so that direct and indirect illumination from the source of light shall not result in illumination in excess of one-half foot candle when measured at the property 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 property lines. 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 property line. This does not prohibit the use of cooling towers that do not alter humidity at ground level at the property line.

C. Vibration. 

Any industrial operation or activity, which shall cause at any time and at any point along the property line of the subject use, earth-borne vibrations that 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 and adequate firefighting and fire-suppression equipment in compliance with applicable fire prevention and building codes.

E. Soundproofing. 

Minimum soundproofing shall be required in onsite and off site buildings affected by noise from the industrial Park. Permanent and/or temporary soundproofing shall also be required to reduce noise levels of any use to specified limits. 

F. Solid and Liquid Waste

1. Discharge at any point into public sewer, storm drain system, stream or into the ground shall be done only in accordance with the standards approved by the state Department of Health, and standards specified in applicable local ordinances. This applies to discharge of any materials of such nature or temperature, which 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.

4. Any use which generates liquid waste including sewage or storm water with greater quantities, levels of pollutants, temperatures, or biological loadings than for a for a typical commercial building of similar size shall have such discharges approved by the City Engineer.

G. Electrical and Radioactive Radiation. 

No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance 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 Quality Management 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, unless permitted by a conditional use permit. 

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. (Ord. 408 (part), 1987).

 
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov