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Meeting Date: February 8, 2005

Subject/Title: Amendment to Planned Development 24 (PD-24), to create Subarea “B” with the corresponding development standards for a 0.67 acre office site. The property is generally located east of Guthrie Lane and south of Harvest Park Drive.

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Howard Sword, Director, Community Development Department

The Planning Commission and Staff recommend that the City Council:

• Introduce and waive the first reading of an Ordinance approving an amendment to Planned Development 24, to create Subarea “B” and the corresponding development standards.

Amended Planned Development No. 24 creating Subarea “A” and the corresponding development standards approved May 2002. Amended Planned Development No. 24 to include an additional 10 acres into PD-24 as part of the General Plan Update approved November 2001.

The Planning Commission approved a recommendation that the City Council amend Planned Development No. 24 to remove this 0.67 acre site from a residential use in PD-24 and rezone it into Subarea “B” for office use in PD-24 to allow for the construction of a 9,500 sq. ft. professional office building. This change in use would make it consistent with the actions taken by the City Council during the 2001 General Plan Update.

The proposed standards are consistent with other developments of similar types in the area and are set forth below:

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


17.474.007 Authority, Purpose and Intent
.008 Permitted Uses
.009 Conditionally Permitted Uses
.010 Development Standards
.011 Performance Standards
.012 Design and Site Development Review

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

A. Authority. The PD-24 Zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones – General Regulations of the Brentwood Municipal Code.

B. Purpose. The purpose of the PD-24 Zone, Sub Area 'B', is to permit and regulate the development of 0.67 acres (APN 010-480-056) designated as BP (Mixed Use Business Park) by the City of Brentwood General Plan Land Use Map.

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

The project site consists of 0.67 acres and is intended for the development of approximately 9,500 square feet of business and professional office uses.

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

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

1. General office uses.

2. Business and professional offices, such as software developers, architects, attorney’s, accountants and office or similar uses.

3. Research and Development space that includes office and support areas only with no warehousing.

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

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

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

1. Public and quasi-public uses appropriate to and compatible with the permitted uses.

2. Medical and Dental office uses

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

17.474.010 Development Standards for Sub Area 'B':

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

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

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

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

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

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

Other regulations:

1. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of the Brentwood Municipal Code.

2. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620 of the Brentwood Municipal Code.

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

4. Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 17.630 of the Brentwood Municipal Code.

5. Advertising Signs. All signs shall be subject to the City of Brentwood Sign Ordinance.

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.

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

A. Noise.

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

B. Heat, Glare and Humidity.

1. Any operation producing intense heat shall be performed within a completely enclosed building in such a manner so as not to create a public nuisance or hazard along lot lines.

2. Any operation of activity producing glare shall be performed within a completely enclosed building and be conducted so that direct and indirect illumination from the source of light on the lot shall not cause illumination in excess of one (1) foot candle when measured at the lot line. Exposed sources of light shall be shielded and flickering or intense sources of light shall be controlled so as not to cause nuisance across lot lines.

3. Any use producing humidity in the form of steam or moist air, or producing heat, shall be carried on in such a manner that steam, humidity or heat is not perceptible at any lot line.

C. Vibration. Any industrial operation or activity that shall cause at any point along the property line of the subject use, earth-borne vibrations that are discernable without the use of instruments is prohibited.

D. Fire, Safety and Explosion. All uses shall provide adequate safety devices against fire, explosion and other hazards and adequate fire fighting and fire suppression equipment in compliance with applicable fire prevention and building codes.

E. Soundproofing. Offices, retail activities and other acoustically sensitive activities shall be designed so that interior noise levels due to exterior noise sources do not exceed the peak hour Leq of 55 dBA.

F. Solid and Liquid Waste.

1. No discharge at any point into public sewer, system or bay into the ground shall be permitted, except in accord with standards approved by the State Department of Health, or standards specified in applicable local ordinances for similar uses of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements.

2. No materials or wastes shall be deposited on any property in such form or manner that natural causes or forces may transfer them off the property.

3. Any wastes which might be attractive to rodents or insects shall be stored outdoors only in closed containers.

G. Electrical and Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbances.

H. Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District.

1. Smoke. For the purpose of determining the density or equivalent opacity of smoke, the Ringlemann Chart as published by the U.S. Bureau of Mines in Circular No. 7718 (August, 1995) shall be employed. The emission of smoke from any chimney, stack, vent, opening, or combustion process shall not exceed Ringlemann No. 1.

2. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable at the property line of the subject use.

3. Toxic and Noxious Matter. No use shall be permitted which creates any emission which endangers human health, can cause damage to animals, vegetation or other property or which can cause soiling at any point beyond the boundaries of the site.

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

Fiscal impact to the City would be positive. The addition of another office building complex will contribute to the ultimate build out by helping to attract economic development, jobs and businesses. In addition, the office building complex will provide additional annual property tax revenue to the City.

Ordinance amending Planned Development 24.


WHEREAS, the applicant has filed for an amendment to Planned Development 24 in order to create Subarea “B” and establish development standards to accommodate said site located within PD-24; and

WHEREAS, on January 18, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 04-77 which recommended the approval of the amendment to Planned Development 24, creating Subarea “B” and the corresponding development standards; and

WHEREAS the City has reviewed this project in accordance with Section 15303 subsection (C) of the California Environmental Quality Act Guidelines and has determined that the project does not have a significant effect on the environment and it is declared to be categorical exempt from the requirement for the preparation of environmental documents; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on December 10, 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 that the proposed amendment will:

1. The proposed project, as conditioned, is consistent with the City General Plan and Zoning Ordinance, as amended; and

2. The location, size, design and operating characteristics of the proposed use, as conditioned, will be compatible with and will not affect abutting properties and the surrounding neighborhood; and

3. The architectural design, color, building materials, screening, landscaping and related improvements, as submitted with this project, are compatible with the surrounding neighborhood; and

4. The project site, as conditioned, will have adequate public facilities and utilities and pedestrian, bicycle and vehicular circulation and parking, when the project is completed and will not have adverse environmental effects on adjacent developments; and

5. The siting and internal arrangement of all structures and other facilities on the site, including the uses, internal circulation, off-street parking, lighting and access to and from public right-of-ways, as submitted with this project, will be conducive to an orderly, attractive, efficient and harmonious development.

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

Section 1. The subject project is hereby zoned as Subarea B within Planned Development 24 (Exhibit “A”) and as shown on the amended Planned Development No. 24 map (Exhibit “B”) for a 9,500 sq. ft. Office Building.

Section 2. Chapter 17.474 has hereby been amended for the purpose of regulating certain real property and establishing development standards for Subarea B of Planned Development 24 (Exhibit “A”) for a 9,500 sq. ft. Office Building.

Section 3. Chapter 17.474 is hereby known as Planned Development 24 (PD-24).

Section 4. Amendments to Chapter 17.476 are hereby added to read as shown in Exhibit A attached hereto and made a part of this Ordinance.

Section 5.

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 Brentwood Press, 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 Brentwood Press 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 6. In accordance with Governmental 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 8th day of February, 2005, and adopted at a regular meeting of the Brentwood City Council on the ____ day of _____________, 2005, by the following vote:


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