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CITY COUNCIL AGENDA ITEM NO. 12


Meeting Date: July 9, 2002

Subject/Title: Amendment to Planned Development Zone (PD) 51 to create development standards for the Arcadia Mixed Use Project and approve a Development Agreement between the City of Brentwood and Arcadia Development.

Submitted by: Community Development Department (Oshinsky/Zilm) 

Approved by: John Stevenson, City Manager

RECOMMENDATION
Waive the first reading and introduce an Ordinance approving an amendment to Planned Development Zone No. 51 by adding development standards for the Arcadia Mixed Use Project and pass an Ordinance approving the Development Agreement between the City of Brentwood and Arcadia Development. 

PREVIOUS ACTION
The City Council approved a shell Planned Development Zone No. 51 on November 27, 2001 as part of the General Plan Update. 

BACKGROUND
An Environmental Impact Report was prepared for the Arcadia Mixed Use Project 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.

A Development Agreement between the City of Brentwood and Arcadia Development was presented to the Planning Commission at its July 2, 2002 meeting. As this report is being written prior to that date, staff will present the Planning Commission recommendation orally to Council.

The Planning Commission at its June 26, 2002 special meeting considered and on a 3 – 0 vote with one abstention, recommended that the City Council amend the existing shell Planned Development Zone No. 51 Development Standards creating development standards for the Arcadia Mixed Use Project. 
The proposed standards are as follows (as shown on the attached Subarea map):

1. Subarea A: This area consists of the northern approximately 51 acres and is intended for the development of a major retail center to meet the retail and commercial needs of residents of Brentwood and the region. Other uses consistent with the Regional Commercial General Plan land use designation may be allowed provided that they are found compatible with the primary use. 

2. Subarea B: This area consists of the southern approximately 24 acres and is intended primarily for the development of one or a combination of the following uses: retail, office, light industrial, and very high density residential. Other uses consistent with the Business Park General Plan land use designation may be allowed provided that they are found compatible with the primary use. 

PERMITTED USES:

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

1. Large-scale regional retail sales uses including by way of example but not limited to big-box, factory outlet, discount and similar retail uses requiring or best suited for operation within a warehouse type facility; large department stores; and large-scale general merchandise, sporting goods, home furnishings, home improvement and building materials (with or without lumber sales), home appliances, nursery, garden supply, hardware, electronics, office supply, and off-site liquor sales stores; large-scale book, video, music and toy stores; large-scale pet and pet supply stores including on-site veterinary clinics but not kennels; and large-scale automobile, motorcycle, recreational vehicle and boat parts and accessory stores; and similar establishments. 

Outdoor display and/or sale of merchandise shall be permitted within an area approved by the property owner and designated and in accordance with standards specified in a design and site development review approval pursuant to Chapter 17.820. Outdoor display and/or sale within an area so designated on a sidewalk which fronts a building is permitted at all times. Temporary display and/or sale within an area so designated on parking area adjacent to a store shall be limited to six (6) events per year for a maximum of fifteen (15) days per event, except for the period from November 15 through December 31, when the duration may be forty-six (46) days. Temporary parking lot display and/or sale areas shall not be designated for any retail user, which occupies less than 20,000 square feet of building space.

2. General retail sales1 including by way of example but not limited to junior department stores; supermarkets; drugstores; general merchandise, sporting goods, home furnishings, home improvement, home appliance, nursery, garden supply, hardware, electronics, office supply and off-site liquor sales stores; book, video, music and toy stores; pet and pet supply stores including on-site veterinary clinics but excluding kennels; and automobile, motorcycle, recreational vehicle and boat parts and accessory stores;2 and similar establishments. 

Temporary outdoor display and/or sale of merchandise shall be permitted only on sidewalks that front buildings, within an area approved by the property owner and designated and in accordance with standards specified in a design and site development review approval pursuant to Chapter 17.820. Sales and display areas are to cover no more than 50% of the sidewalk area in front of a retailer’s building or unit, and are to be maintained in an attractive, neat and clean appearance. Outdoor displays and/or sales are permitted only for up to six (6) ten (10) day periods per year. 

3. Specialty merchandise and convenience sales including by way of example but not limited to specialty foods, delicatessen, bakery, pastry, candy, ice cream, butcher, meat market, wine, tobacco, apparel and accessory, jewelry, cosmetics, gift, stationery, shoe, kitchenware, hobby and specialty interest stores, and similar establishments.

4. Eating, drinking and entertainment establishments including by way of example but not limited to full-service, sit-down restaurant establishments, including restaurants with an on-site liquor sales license; convenience restaurants such as sandwich shops; video arcades; indoor movie theatre; bowling alley; skating rink; and similar establishments.

5. Commercial services including by way of example but not limited to barber shop, beauty shop, hair salon, laundry, dry cleaning, laundromat, electronic, appliance, watch and clock repair, health club, recreation club, reducing studio, tanning studio, small equipment rental and repair, real estate sales and rental, title and escrow services, architectural, engineering, legal and accounting services, insurance agency, employment agency, out-patient medical, dental and optical services, technology access center, telecommuting center, addressing and mailing service, blueprinting, photostating and desk top publishing service (other than a printer or lithographer), drafting service, messenger service, stenographic service, answering service, telegraph office, private postal box service, travel agency, bank branch, ATM facility, and similar establishments. 

6. Commercial uses which may or may not manufacture their primary product on the premises such as a drapery, cabinet or upholstery shop, and similar establishments.

7. Financial institutions when three or more such uses are located in the CB district at the time of application for a discretionary approval by the city or, if no discretionary approval is needed, at the time of initial nondiscretionary approval, e.g., building permit or certificate of occupancy

8. Business, institutional, administrative and professional offices, including but not limited to large-scale single and/or multi-tenant office uses; and public and quasi-public offices such as government offices, library, post office and utility office.

9. Similar uses subject to the approval of the zoning administrator.

10. Accessory, temporary and service uses customarily associated with and related to a principal use in accordance with and subject to compliance with the requirements of Chapter 17.650.

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

1. All of the uses permitted within Subarea A.

2. Very high density multi-family residential at an average density of from 25 to 30 dwelling units per gross acre.

3. Uses, facilities and buildings customarily associated with and related to high density residential use including but not limited to private recreational facilities for homeowner and/or tenant use only, and a rental and/or management office; and home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840.

4. Self-service storage facilities (mini-storage or warehouse) with or without a resident manager’s dwelling unit.

5. Light industrial uses including by way of example but not limited to computer software and biotechnology companies; medical supply companies; medical, dental and optical laboratories; warehouse; and similar uses.

6. Research and development facilities including research, office, support and warehouse areas.

7. Similar uses subject to the approval of the zoning administrator.

8. Accessory, temporary and service uses customarily associated with and related to a principal use in accordance with and subject to compliance with the requirements of Chapter 17.650.

CONDITIONALLY PERMITTED USES:

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

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

1. All drive-in, drive-through establishments.

2. Outdoor sales, displays and storage, other than outdoor sales and displays permitted under Sections 17.506.002.A.1 and 2.

3. Automobile service stations.

4. Automobile, motorcycle, recreational vehicle sales, service and repair facilities.

5. In-patient medical facilities licensed by the state and medical and dental laboratories.

6. Hotels and motels.

7. Veterinary facilities including kennels.

8. Sports bar, lounge, nightclub and similar establishments with on-site sale of alcoholic beverages, including establishments which offer food, entertainment and/or dancing.

9. Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulation through the conditional use permit procedure.

10. Accessory, temporary and service uses customarily associated with and related to a conditionally permitted use in accordance with and subject to compliance with the requirements of Chapter 17.650.

11. All non-motorized or motorized food or merchandise vending carts or vehicles.

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

1. All of the uses, which are allowable within Subarea A subject to the issuance of a conditional use permit are conditionally permitted uses in the subarea B.

2. Day care facilities for children.

3. Accessory, temporary and service uses customarily associated with and related to a conditionally permitted use in accordance with and subject to compliance with the requirements of Chapter 17.650.

FISCAL IMPACT:

It is estimated that this Regional Shopping Center will generate significant revenue via sales and property tax for the City of Brentwood. 

EXHIBITS:
A. City Council Ordinance No. ____
B. City Council Ordinance No. ____
C. Amended Planned Development No. 51 development standards for the Arcadia Mixed Use Project
D. Arcadia Mixed Use Project Subarea Map 


EXHIBIT “A”

ORDINANCE NO. 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 51 BY ADDING DEVELOPMENT STANDARDS FOR THE ARCADIA MIXED USE PROJECT, LOCATED SOUTH OF LONE TREE WAY, EAST OF HEIDORN RANCH ROAD AND WEST OF THE HIGHWAY 4 BYPASS. 

WHEREAS, the applicant has filed for an amendment of the development standards of his property to accommodate the subdivision; and 
WHEREAS, an Environmental Impact Report was prepared for the Arcadia Mixed Use Project in accordance with the California Environmental Quality Act and was considered as a part of the review and approval process, and was certified as being complete and prepared pursuant to CEQA by the Planning Commission on June 26,2002; and 
WHEREAS, on June 26, 2002 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 02-38 which recommended the approval of the amendment of the Planned Development Zone No. 51 development standards by adding development standards for the Arcadia Mixed Use Project; and 
WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger-Dispatch on June 28, 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 Arcadia Mixed Use Project.

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 Certified Environmental Impact Report prepared for this project.

10. 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 Zone 51 for retail, office and residential uses.

Section 3. Chapter 17.506 has hereby been amended for the purpose of regulating certain real property and establishing development standards for Planned Development 51.

Section 4. Chapter 17.506 is hereby known as Planned Development Zone 51 (PD-51).

Section 5. Amendments to Chapter 17.506 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.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 9th day of July, 2002 and adopted at a regular meeting of Brentwood City Council on the 23rd day of July, 2002, by the following vote:






“EXHIBIT B”
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RECOMMENDING APPROVAL OF THE DEVELOPMENT AGREEMENT (DA 02-01) FOR THE ARCADIA MIXED USE PROJECT, GENERALLY LOCATED EAST OF HEIDORN RANCH ROAD, SOUTH OF LONE TREE WAY AND WEST OF THE HIGHWAY 4 BYPASS (APN 010-020-034,039,040, and 041).

WHEREAS, Arcadia Development (“Applicant”) has proposed the construction of a 682,783 sq. ft. shopping center with the subdivision of the site into 16 parcels (Option A) or 14 parcels (Option B) generally located east of Heidorn Ranch Road, south of Lone Tree Way and west of the Highway 4 bypass in the City of Brentwood (the “Project Site”); and

WHEREAS, the Applicant in order to implement his proposed plan has applied for an amendment to Planned Development Zone Fifty One (PD-51) to add development standards for his project, a Tentative Subdivision Map, Development Agreement, and Design Review approval; and

WHEREAS, on June 26, 2002, the Planning Commission adopted Resolutions 02-37, 02-38, and 02-39, to certify the EIR prepared for the project, approve Tentative Subdivision Map 8515 and approve Design Review 01-30 for the project; and

WHEREAS, a legal notice of the Public Hearing on July 9, 2002, was advertised in the Ledger Dispatch and mailed to property owners of record within 300 feet of the project site pursuant to City policies and Government Code Section 65091; and 

WHEREAS, at the public hearing on July 2, 2002, the Planning Commission considered the draft Development Agreement dated June ___, 2002, the staff report and all public comments.

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

A. The Environmental Impact Report for the Project has been prepared, circulated, and certified in accordance with all applicable provisions of the California Environmental Quality Act and represents the independent judgment of the City of Brentwood; and

B. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the City General Plan and any applicable specific plans as it provides for the creation of new jobs in an attempt to attain a 1.5 to 1 jobs housing ratio and much needed commercial facilities.

C. The development agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole, as it simply carries out the land use and zoning designations approved for the Property.

D. The development agreement will not adversely affect the orderly development of property or the preservation of property values as it is the intention of the development agreement to implement the existing land use and zoning designations for the Property as suggested in the General Plan update process.

E. As there is an applicable Special Planning Area and Planned Development Zone to the subject site, the finding concerning facilitation of the implementation of a specific plan is applicable in this case as determined through the City’s zoning amendment and development entitlement process.

The development agreement is consistent with the provisions of Government Code Section 65864 and 65869.5.

F. The Development Agreement is hereby approved in substantially the same form as attached hereto. 
G. 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. 
H. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption. 
I. 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 9th day of July, 2002 and adopted at a regular meeting of Brentwood City Council on the 23rd day of July, 2002, by the following vote:


ATTACHMENT “A”

Chapter 17.506

PD-51 (PLANNED DEVELOPMENT FIFTY-ONE) ZONE - ARCADIA MIXED USE PROJECT AREA

Sections:
17.506.001 Authority, purpose and intent.
17.506.002 Permitted uses.
17.506.003 Conditionally permitted uses.
17.506.004 Development standards.
17.506.005 Performance standards.
17.506.006 Design and site development review.

17.506.001 Authority, purpose and intent.

The authority, purpose and intent for the adoption of the PD-51 (planned development fifty-one) zone are as follows:

A. Authority. PD-51 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones - General Regulations.

B. Purpose. The purpose of the PD-51 zone is to permit and regulate the phased development of a mix of uses consistent with the General Plan on the approximately 76 gross acres encompassed by the zone. The General Plan includes the PD-51 zone within Special Planning Area (SPA) P, which consists of approximately 525 acres in the northwest corner of the City. SPA P is bounded by Lone Tree Way on the north, Heidorn Ranch Road on the west, Sand Creek Road on the south, and Shady Willow Lane on the east. The State Route 4 Bypass bisects SPA P in the north south direction. SPA P includes the southern portion of the Bypass intersection at Lone Tree Way and borders the City of Antioch on the north and west sides. The PD-51 zone is located in the northwest corner of SPA P. PD-51 is bounded by Lone Tree Way to the north, Heidorn Ranch Road to the west, a 100-foot East Bay Municipal Utility District (EBMUD) right-of-way (Mokelumne Aqueduct) to the south, and the Bypass to the east. SPA P is intended to serve as a major employment area and provide land for large regional retail commercial businesses, professional office uses, manufacturing and light industrial uses due to its strategic location between two Bypass interchanges at Lone Tree Way and Sand Creek Road. The General Plan designates the northern portion of PD-51, encompassing more than half of the zone, for a major regional retail center, and the southern portion either for all retail, or office, or light industrial, or very high density residential, or for a combination of two or more of the foregoing uses.

C. Intent. To achieve the foregoing purpose, the PD-51 zone shall be divided into two subareas and developed generally as described below:

1. Subarea A consists of the northern approximately 51 acres and is intended primarily for the development of a major retail center to meet the retail and commercial needs of residents of Brentwood and the region. Other uses consistent with the “Regional Commercial” General Plan land use designation may be allowed provided that they are found compatible with the primary use.

2. Subarea B consists of the southern approximately 24 acres and is intended primarily for the development of one or a combination of the following uses: retail; office; light industrial; and very high density residential. Other uses consistent with the “Business Park” General Plan land use designation may be allowed provided that they are found compatible with the primary use or uses.

3. The above descriptions of Subarea A and Subarea B are general and intended to be conceptual only. The exact size of each of Subarea A and Subarea B, and the precise boundary between Subarea A and Subarea B, shall be established through the design and site development review procedure contained in Chapter 17.820 and any minor change to the boundary between Subarea “A” and Subarea “B” can be made by the Community Development Director after making the finding that the change is in substantial compliance with the originally approved map.

4. Each of Subarea A and Subarea B may be developed in phases.

17.506.002 Permitted uses.

The following uses are permitted within the PD-51 zone:

A. Subarea A. The following uses are permitted within this area:

1. Large-scale regional retail sales uses including by way of example but not limited to big-box, factory outlet, discount and similar retail uses requiring or best suited for operation within a warehouse type facility; large department stores; and large-scale general merchandise, sporting goods, home furnishings, home improvement and building materials (with or without lumber sales), home appliances, nursery, garden supply, hardware, electronics, office supply, and off-site liquor sales stores; large-scale book, video, music and toy stores; large-scale pet and pet supply stores including on-site veterinary clinics but not kennels; and large-scale automobile, motorcycle, recreational vehicle and boat parts and accessory stores; and similar establishments. 

Outdoor display and/or sale of merchandise shall be permitted within an area approved by the property owner and designated and in accordance with standards specified in a design and site development review approval pursuant to Chapter 17.820. Outdoor display and/or sale within an area so designated on a sidewalk which fronts a building is permitted at all times. Temporary display and/or sale within an area so designated on parking area adjacent to a store shall be limited to six (6) events per year for a maximum of fifteen (15) days per event, except for the period from November 15 through December 31, when the duration may be forty-six (46) days. Temporary parking lot display and/or sale areas shall not be designated for any retail user which occupies less than 20,000 square feet of building space.

2. General retail sales1 including by way of example but not limited to junior department stores; supermarkets; drugstores; general merchandise, sporting goods, home furnishings, home improvement, home appliance, nursery, garden supply, hardware, electronics, office supply and off-site liquor sales stores; book, video, music and toy stores; pet and pet supply stores including on-site veterinary clinics but excluding kennels; and automobile, motorcycle, recreational vehicle and boat parts and accessory stores;2 and similar establishments. 

Temporary outdoor display and/or sale of merchandise shall be permitted only on sidewalks that front buildings, within an area approved by the property owner and designated and in accordance with standards specified in a design and site development review approval pursuant to Chapter 17.820. Sales and display areas are to cover no more than 50% of the sidewalk area in front of a retailer’s building or unit, and are to be maintained in an attractive, neat and clean appearance. Outdoor displays and/or sales are permitted only for up to six (6) ten (10) day periods per year. 

3. Specialty merchandise and convenience sales including by way of example but not limited to specialty foods, delicatessen, bakery, pastry, candy, ice cream, butcher, meat market, wine, tobacco, apparel and accessory, jewelry, cosmetics, gift, stationery, shoe, kitchenware, hobby and specialty interest stores, and similar establishments.

4. Eating, drinking and entertainment establishments including by way of example but not limited to full-service, sit-down restaurant establishments, including restaurants with an on-site liquor sales license; convenience restaurants such as sandwich shops; video arcades; indoor movie theatre; bowling alley; skating rink; and similar establishments.

5. Commercial services including by way of example but not limited to barber shop, beauty shop, hair salon, laundry, dry cleaning, laundromat, electronic, appliance, watch and clock repair, health club, recreation club, reducing studio, tanning studio, small equipment rental and repair, real estate sales and rental, title and escrow services, architectural, engineering, legal and accounting services, insurance agency, employment agency, out-patient medical, dental and optical services, technology access center, telecommuting center, addressing and mailing service, blueprinting, photostating and desk top publishing service (other than a printer or lithographer), drafting service, messenger service, stenographic service, answering service, telegraph office, private postal box service, travel agency, bank branch, ATM facility, and similar establishments.

6. Commercial uses which may or may not manufacture their primary product on the premises such as a drapery, cabinet or upholstery shop, and similar establishments.

7. Financial institutions when three or more such uses are located in the CB district at the time of application for a discretionary approval by the city or, if no discretionary approval is needed, at the time of initial nondiscretionary approval, e.g., building permit or certificate of occupancy,

8. Business, institutional, administrative and professional offices, including but not limited to large-scale single and/or multi-tenant office uses; and public and quasi-public offices such as government offices, library, post office and utility office.

9. Similar uses subject to the approval of the zoning administrator.

10. Accessory, temporary and service uses customarily associated with and related to a principal use in accordance with and subject to compliance with the requirements of Chapter 17.650.

B. Subarea B. The following uses are permitted within this area:

1. All of the uses permitted within Subarea A.

2. Very high density multi-family residential at an average density of from 25 to 30 dwelling units per gross acre.

3. Uses, facilities and buildings customarily associated with and related to high density residential use including but not limited to private recreational facilities for homeowner and/or tenant use only, and a rental and/or management office; and home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840.

4. Self-service storage facilities (mini-storage or warehouse) with or without a resident manager’s dwelling unit.

5. Light industrial uses including by way of example but not limited to computer software and biotechnology companies; medical supply companies; medical, dental and optical laboratories; warehouse; and similar uses.

6. Research and development facilities including research, office, support and warehouse areas.

7. Similar uses subject to the approval of the zoning administrator.

8. Accessory, temporary and service uses customarily associated with and related to a principal use in accordance with and subject to compliance with the requirements of Chapter 17.650.
17.506.003 Conditionally permitted uses.

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-51 zone:

A. Subarea A. The following uses shall be conditionally permitted within this subarea:

1. All drive-in, drive-through establishments.

2. Outdoor sales, displays and storage, other than outdoor sales and displays permitted under Sections 17.506.002.A.1 and 2.

3. Automobile service stations.

4. Automobile, motorcycle, recreational vehicle sales, service and repair facilities.

5. In-patient medical facilities licensed by the state and medical and dental laboratories.

6. Hotels and motels.

7. Veterinary facilities including kennels.

8. Sports bar, lounge, nightclub and similar establishments with on-site sale of alcoholic beverages, including establishments which offer food, entertainment and/or dancing.

9. Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulation through the conditional use permit procedure.

10. Accessory, temporary and service uses customarily associated with and related to a conditionally permitted use in accordance with and subject to compliance with the requirements of Chapter 17.650.

11. All non-motorized or motorized food or merchandise vending carts or vehicles.

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

1. All of the uses which are allowable within Subarea A subject to the issuance of a conditional use permit.

2. Day care facilities for children.

3. Accessory, temporary and service uses customarily associated with and related to a conditionally permitted use in accordance with and subject to compliance with the requirements of Chapter 17.650.

17.506.004 Development standards.

All permitted and conditionally permitted uses developed within Subareas A and B shall conform to the following standards:

A. Basic Standards:

1. General Commercial Development Standards:

Development Standards General Commercial
Minimum Parcel Size NA1
Minimum building setback from face of curb – internal streets 15’-0”2,3
Minimum building setback from interior property lines 0’-0”2,3
Minimum building setback from Highway 4 Bypass right-of-way 30’-0”3
Minimum building setback from face of curb – Lone Tree Way and Heidorn Ranch Road 25’-0”3
Building Height 50’-0”4
Office Parking 1/250 s.f.
Retail Parking 1/300 s.f.
Restaurant Parking (convenience) 1/150 s.f.
Restaurant Parking (sit-down) 10/1000 s.f.
Maximum commercial floor area ratio .306

2. Multi-Family Residential Development Standards:

Development Standards Multi-Family Residential
Minimum Parcel Size NA1
Minimum building setback from face of curb – internal streets 10’-0” 2,3
Minimum building setback from interior property lines 5’-0”2,3
Minimum Building Setback from face of curb – Heidorn Ranch Road 25’-0”3
Minimum building setback from Highway 4 Bypass right-of-way 30’-0”3
Minimum Private Open Space 100 s.f. patio w/ a 10’ min. dimension or 50 s.f. deck with a min. dimension of 5’
Common Open Space 50 s.f. of common open space per dwelling unit. The minimum dimension of any space satisfying this standard is 10’. This common open space shall be improved for either passive or active use by the residents.
Maximum Building HeightMaximum Stories 45’-0”43 stories4
Required Parking 2 spaces/3BR unit2 spaces/2BR unit2 spaces/1 BR unit1.5 space/Studio unit
Maximum residential unit density 30 units/acre

3. Office Development Standards:

Development Standards Office
Lot Size NA1
Minimum building setback from face of curb – internal streets 15’-0”2,3
Minimum building setback from interior property lines 5’-0”2,3
Minimum Building Setback from face of curb – Heidorn Ranch Road 25’-0”3
Minimum building setback from Highway 4 Bypass right-of-way 30’-0”3
Maximum Building HeightMaximum Stories 40’-0”43 stories
Required Parking 1/250 s.f. 
Maximum Office floor area ratio .426

4. Light Industrial/R & D Development Standards:

Development Standards Light Industrial/R & D
Minimum Parcel Size NA1
Minimum building setback from face of curb – interior streets 15’-0”2,3
Minimum building setback from interior property line 5’-00” 2,3
Minimum building setback from face of curb - Lone Tree Way and Heidorn Ranch Road 25’-0”3
Building Height 40’-0”4
Light Industrial Parking 1/500 s.f. 7
R & D Parking 1/300 s.f.
Maximum Light Industrial floor area ratio .406
Maximum R & D floor area ratio .356

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1 As specified in a design and site development review approval under Chapter 17.820 or a conditional use permit under Chapter 17.830. 

2 Building setbacks from internal streets and interior property lines may be reduced by a design and site development review approval under Chapter 17.820 or a conditional use permit under Chapter 17.830.

3 Exceptions to above setback requirements are the following:
a. Architectural projections (such as columns, fireplaces, bay windows, window seats, second floor overhangs, balconies, decks, porches, building facades at entries) and planter boxes may encroach up to a maximum of two feet into the required setback.
b. Freestanding signage as permitted in the planned sign program.
c. Outdoor seating areas may encroach up to a maximum of four feet into the required setback.

4 Greater heights may be permitted by a design and site development review approval under Chapter 17.820 or a conditional use permit under Chapter 17.830. Buildings above 70 feet shall be designed and oriented to minimize obstruction of scenic views of Mt. Diablo and the foothills to the west from Lone Tree Way and the Highway 4 Bypass.

5. Deleted.

6 Greater floor area ratio may be permitted by a design and site development review approval under Chapter 17.820 or a conditional use permit under Chapter 17.830.

7 Office space shall not exceed 50% of floor area.

B. Residential Density: An average of from 25 to 30 dwelling units per gross acre.

C. Landscaping and Screening: PD-51 shall include a distinctive city entry element at the southeast corner of Lone Tree Way and Heidorn Ranch Road to distinguish Brentwood from Antioch and welcome those entering Brentwood. The design of the area along the eastern edge of Heidorn Ranch Road shall include an open space buffer with a minimum width of 25 feet to distinguish Brentwood from Antioch. The buffer shall be graded and landscaped to physically screen Heidorn Ranch Road and residential development to the west from visual, light, glare and noise impacts from development within PD-51. Landscaping and screening shall also be provided along the western edge of the Highway 4 Bypass, along the southern edge of Lone Tree Way, and within PD-51 in accordance with Chapter 17.630. Landscaping and screening requirements for each phase of development within PD-51 shall be specified in a master landscaping and screening program for PD-51 approved by the Planning Commission or in the design and site development review approval for that phase.

All establishments in PD-51 with drive through windows or counters for the purpose of selling food or merchandise to the general public, shall screen those windows and counters from view from the public right of way by extensive shrub and tree landscaping, landscaped berms or trellises. Said screening will be reviewed and approved by the City through the Conditional Use Permit process specified y Section 17.506.003 above.

D. Advertising Signs. The design and site development review approval for the first phase of development within the PD-51 zone shall include the approval of the City of Brentwood Entry monument statement sign, the 2 sided center identification Pylon Sign “D”, the 2 sided Monument center identification Sign “E”, the 2 sided monument tenant identification sign “F”, and the smaller entry and tenant identification statement signs only. For all other signage needs within this center (i.e. individual store front signs, additional identification signs, etc.) the applicant must apply for and receive approval of a Master Sign Program. All signs within the PD-51 zone shall conform to the planned sign program as the same may be amended from time to time pursuant to Chapter 17.820.

E. Other Development Standards:

1. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures to city standards and specifications.

2. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620.

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

4. Open Storage or Display. Open storage and/or outdoor display of merchandise is prohibited unless conducted within an area designated and in accordance with standards specified in a design and site development review approval pursuant to Sections 17.506.002.A.1 and 2, or expressly provided for by a conditional use permit.

5. Accessory structures and buildings shall be permitted pursuant to the provisions of Chapter 17.650.

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

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

8. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure and 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. Masonry walls shall be utilized for screening areas visible from a public street while chain link with view-obscuring slats or other fencing materials, other than wood, may be used for screening areas not visible from a public street.

9. There shall be no overnight parking of mobile homes, recreational vehicles, buses or campers in the public parking or common areas of PD-51, nor any display of vehicles for sale by owners at any time. There shall also be no permanent or long term (longer than 7 days) storage of merchandise or equipment in the parking areas or sidewalks at any time, with the exception of those areas specifically approved for such uses pursuant to Chapter 17.830.

17.506.005 Performance standards.

All permitted and conditionally permitted uses developed within Subareas A and 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:

Light industrial and warehouse -- 75dBA
Retail, office, residential -- 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, Z224.3-1994, American Standards Association, Inc., New York, NY, and American Standard Specification for an Octave-Bank 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.

4. The sound pressure level limits of this section shall not apply to warning devices.

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 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 steam, humidity or heat is not perceptible at any lot line.

C. Vibration. Any industrial operation or activity which shall cause at any point along the property line of the subject use, earth-borne vibrations which are 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. Residential 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 55dBA.

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 outdoors only in closed containers.

G. Electrical and Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point, 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. (Ord. 526 (part), 1993).

17.506.006 Design and site development review.

The design and site development of each phase within the PD-51 zone shall comply with Chapter 17.820 of the Brentwood Municipal Code.

 
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