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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: January 27, 2004

Subject/Title: Second reading and adoption of Ordinance No. 771 for an amendment to Planned Development Zone (PD) 56 to allow for an increase in the square footage designated for retail uses within Subareas A and B in the Sunset Industrial Park.

Submitted by: Community Development Department (Oshinsky/Zilm)

Approved by: John Stevenson, City Manager
______________________________________________________________________

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 771 amending Planned Development Zone (PD) 56 to allow for an increase in the square footage designated for retail uses within Subareas A and B in the Sunset Industrial Park.

PREVIOUS ACTION
At its meeting of January 13, 2004, the City Council introduced and waived the first reading of Ordinance No. 771, amending Planned Development No. 56.

BACKGROUND
Adoption of Ordinance No. 771 will amend the existing Planned Development to allow for an increase in the square footage designated for retail uses within Subareas A and B in the Sunset Industrial Park.

Attachment:
Ordinance No. 771

ORDINANCE NO. 771

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 56 BY ADDING DEVELOPMENT STANDARDS THAT WOULD ALLOW FOR AN INCREASE IN THE SQUARE FOOTAGE DESIGNATED FOR OFFICE, RETAIL OR FOOD SERVICE USES WITHIN SUBAREAS A AND B IN 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 to the development standards of this property to accommodate the proposed uses within the industrial park; and

WHEREAS, on January 6, 2004 the Planning Commission conducted a duly noticed public hearing, considered public comments and passed amended Resolution No. 02-28 which recommended the approval of the amendments to Planned Development No. 56 by amending the development standards to allow for an increase in the square footage designated for office, retail or food service uses within Subareas A and B for the Sunset Industrial Park; 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, This amendment to the development standards for Planned Development No. 56 will have no additional impacts from those previously analyzed in the certified Environmental Impact Report; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on January 2, 2004, 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. 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 3. Amendments to Chapter 17.511 are hereby added to read as shown in Exhibit “A” attached hereto and made a part of this Ordinance.

Section 4.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing 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 5. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 13th day of January, 2004 and adopted at a regular meeting of Brentwood City Council on the 27th day of January, 2004, by the following vote:

Exhibits
A. Amended Planned Development No. 56 development standards
B. Map

EXHIBIT A
AMENDED 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.

3. 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:

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 including, 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:
 Deli food service not to exceed 1,000 square feet of floor space
 Commercial Laundromat and dry cleaning establishments
 Parts and accessory stores

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

3. Office, retail and showroom display and food service uses that are incidental to industrial, business, or commercial retail uses permitted in this Subarea, not to exceed 20 50% of the square footage of the primary use building area or 10% of the total 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.

7. A maximum of 6,000 square feet for café, coffee shop or deli uses are allowed by right within Subarea “A” only.

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

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

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

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

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

5. Office, retail and showroom display uses incidental to industrial, business or commercial retail uses permitted in this Subarea, not to exceed 50% of the square footage of the primary building use 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.

C. 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, vibrational activities and frequent heavy truck traffic, within acceptable environmental thresholds.

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

5. Office, retail and showroom display uses incidental to industrial, business or commercial retail uses permitted in this Subarea, not to exceed 50% of the square footage of the primary use building area.

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:

1. Lumber or milling yard.

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

3. Any office, retail or showroom display uses incidental to industrial, business or commercial retail uses permitted in this Subarea exceeding 50% of the square footage of the primary use building area.

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.

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.

4. Any office, retail or showroom display uses incidental to industrial, business or commercial retail uses permitted in this Subarea exceeding 50% of the square footage of the primary use building area.

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:
 Gravel, rock and cement yards
 Asphalt and asphalt product manufacture and assembly
 Concrete batching facility, cement product manufacturing

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

3. Any office, retail or showroom display uses incidental to industrial, business or commercial retail uses permitted in this Subarea exceeding the 50% of the square footage of the primary use building 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) one (1) acre (gross acreage)

2. Minimum Lot Width: Two hundred (200) 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: 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, except that areas outside of the public view shall be covered with an alternative surface subject to the approval of the City Engineer.

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).
 

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