CITY COUNCIL AGENDA ITEM
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
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
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
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
2. Medical and Dental office uses
3. Similar uses subject to the approval of the Community Development
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
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.
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
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
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:
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
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
Ordinance amending Planned Development 24.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED
DEVELOPMENT NO. 24 TO CREATE SUBAREA “B” WITH THE CORRESPONDING DEVELOPMENT
STANDARDS FOR THE 0.67 ACRE SITE GENERALLY LOCATED EAST OF GUTHRIE LANE AND
SOUTH OF HARVEST PARK DRIVE.
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
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
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.
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;
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
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: