CITY COUNCIL AGENDA ITEM
Meeting Date: December 13, 2005
Subject/Title: Introduce and waive the first reading of an ordinance
amending Planned Development No. 56 (Sunset Industrial Park) to allow for
indoor recreational facilities within Subarea “A” with a conditional use
Prepared by: Jeff Zilm, Senior Planner
Submitted by: Howard Sword, Community Development Director
The Planning Commission and staff are recommending that the City Council
introduce and waive the first reading of an ordinance approving a zoning
amendment to Planned Development No. 56 to allow for indoor recreational
facilities to occur within Subarea “A” of the Sunset Industrial Park Complex
with a conditional use permit.
The City of Brentwood undertook the development of approximately 40 acres,
located on the north side of Sunset Road and west of Sellers Avenue, into a
new industrial park, (Sunset Industrial Park), an expanded Sunset Park
sports complex, and a consolidated City maintenance yard and wastewater
The Sunset Industrial Park was developed to create individual “for-sale”
lots which were marketed to job-producing, industrial users desiring to
locate their businesses within Brentwood and to relocate several existing
industrial uses off Brentwood Boulevard to allow for more appropriate uses
along that major roadway. Planned Development No. 56 was divided into three
Subareas (Subareas A, B, and C) to separate the light, medium, and heavy
• Subarea “A” consists of approximately 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.
This area includes the lots fronting onto Sunset Road and is intended to
serve as a buffer between the residential development planned to the south
of the Park and the medium and heavy industrial users within the Park.
• Subarea “B” consists of approximately 9 acres intended for light to medium
industrial uses conducted inside a building. This area is located along the
westerly boundary of the Park and was intended to be a buffer between the
existing residential development and the heavier industrial uses that would
be locating in Subarea “C”.
• Subarea “C” consists of approximately 15 acres intended for medium and
heavy industrial uses and is located along the easterly and northerly
portion of the Park.
At its meeting of October 18, 2005, the Planning Commission considered this
request. In a 4-0 vote, the Commission recommended the ordinance be
forwarded to the City Council for approval.
During the initial development of the Park, there was some confusion as to
what type of retail uses were to be permitted in Subarea A as the Section
17.511.001.C.1 of PD-56 states “a limited amount of retail uses intended to
serve on-site businesses, users of the adjacent sports park and nearby
residents.” Subsequently, several leases were signed for recreational
facilities which are commonly permitted in the City’s other zoning
designations where retail is a permitted use. When staff became aware, a
letter was sent to all owners to advise them that the City would honor all
recreational facilities for which leases had been signed to date, but
advised the owners that staff would need to process a PD amendment to
address this use.
Staff proposes the following amendment to Chapter 17.511:
Add the following use to those conditionally permitted uses subject to
securing a conditional use permit (Section 17.511.003.A.)
• Indoor recreational facilities including, but not limited to, a dance
studio, gymnastics facility or fitness facility.
The Sunset Industrial Park was the City’s first industrial park created to
foster the development and retention of industrial jobs within the City. As
the first number of new projects have been constructed in the Park, City
staff has gained a better understanding of the users desiring to locate
within these buildings and the breadth of businesses which are compatible
with these uses. Indoor recreational uses, such as gymnastic studios,
recreational classes, and exercise classes, typically seek large tenant
suites with lower rents than other more conventional retail locations, such
as the City’s many retail shopping centers, with greater visible locations.
Additionally, these indoor recreation facilities have a potential to
generate noise which can be incompatible with other traditional retail uses.
In many other Bay Area communities, an allowance is made for indoor
recreational uses to locate in industrial parks, although most require the
facilities to obtain a conditional use permit for such uses.
Staff believes that allowing indoor recreation facilities within Subarea A
of the Sunset Industrial Park, subject to the granting of a conditional use
permit, would be beneficial to the community by providing a suitable
location for such facilities. A conditional use permit is needed, in staff’s
opinion, to ensure that adequate parking is available to serve such uses.
These types of uses have the potential to generate a higher demand for
parking than other permitted uses in this zoning district as the parking
demand is different for each user and is determined by class size, number of
instructors, and hours of operation. A conditional use permit would provide
flexibility to approve such uses and add necessary conditions, such as a 15
minute interval between the end of one class and beginning of the next
class, to ensure they were to operate in the appropriate manner and not have
an adverse impact on surrounding land uses. Also, an application for a
conditional use permit could potentially be denied if, after review of the
proposed operation, the Planning Commission found that there would be an
over concentration of such uses which would result in any number of adverse
impacts that could not be mitigated.
Fiscal impact to the City should be positive. Although the establishment of
specific uses does not create fiscal impact, this action will allow the
development of the Sunset Industrial Park in a manner which will promote a
vibrant mix of uses thereby creating a good link between the Sunset Park and
the recreational uses located within Subarea “A”.
Ordinance amending Chapter 17.280.002 Subarea “A”
Draft excerpt of the Planning Commission Minutes for the meeting of October
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE
TEXT AMENDMENT (RZ 05-16) TO AMEND THE CONDITIONALLY PERMITTED USES IN
SUBAREA A OF PLANNED DEVELOPMENT NO. 56 (SUNSET INDUSTRIAL BUSINESS PARK) TO
INCLUDE INDOOR RECREATION FACILITIES. THE SUNSET INDUSTRIAL PARK IS LOCATED
NORTH OF SUNSET ROAD AND WEST OF SELLERS AVENUE.
WHEREAS, the Planning Commission of the City of Brentwood considered a
zoning text amendment to amend Planned Development 56, filed in accordance
with Chapter 16.040 et seq. of the Brentwood Municipal Code; and
WHEREAS, the current Chapter 17.511.003 Subsection “A” of PD-56
Conditionally Permitted Uses is outdated and needs to be consistent with the
City’s General Plan and the modern needs of a growing community in order to
meet the expectations of its citizens; and
WHEREAS, a duly noticed public hearing on this project was advertised in the
Brentwood Press on December 2, 2005; and
WHEREAS, the environmental effects of this proposed action have been
considered and subject to the California Environmental Quality Act Section
15061 Subsection B3 will not have a significant effect on the environment
and thereby exempt from any further environmental review; and
WHEREAS, the City Council held a public hearing on the proposed Municipal
Code Amendment for the purpose of reviewing the staff report, which includes
an analysis of the consistency of the proposed project with all goals and
policies of the General Plan, considering all comments made by public
testimony with the respect to this project amendment and all other
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
1. Finds the following:
a. No text amendment shall occur, which is inconsistent with the City’s
General Plan. In making a decision the City Council considers the
consistency of the proposed action to the Municipal Code and whether the
proposed action is inappropriate or otherwise contrary to the public
interest. The City Council finds that the proposed text amendment is
consistent with the public interest and the City’s General Plan Economic
Development Goals 2, 3, and 5.
b. That the amendment will expound Chapter 17.511.003 Subsection “A” so that
activities may be conducted in harmony with other uses within the Sunset
Industrial Business Park and will encourage or create new activities which
will support and induce balanced economic growth.
2. Approves the amendment to the City of Brentwood’s Zoning Code Chapter
17.511, Planned Development No. 56 (Sunset Industrial Business Park) Section
17.511.003, Subsection “A” Conditionally Permitted Uses within Subarea “A”
(line item 5) as follows:
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 areas
exceeding screen heights or with interior contents that can otherwise be
seen from ground level of public right-of-way.
5. Indoor recreational facilities including, but not limited to, a dance
studio, gymnastics facility or fitness facility.
6. Other uses that the Community Development Director determines because of
the operation, storage requirements, goods sold or other special
considerations should require a Conditional Use Permit.
THE FOREGOING ORDINANCE was introduced with the first reading waived at the
meeting of the Brentwood City Council on the 13th day of December 2005, by
the following vote:
CITY OF BRENTWOOD
MINUTES OCTOBER 18, 2005
DRAFT PLANNING COMMISSION MINUTES EXCERPT
– ITEM 2 –
OCTOBER 18, 2005
2. Approved a Rezone to modify the conditionally permitted uses within
Subarea “A” of the Sunset Industrial Park (PD-56), located north of Sunset
Road and west of Sellers Avenue. Applicant: City of Brentwood. File: RZ
Commissioner Stirling recused himself due to a client conflict of interest.
Senior Planner Zilm gave a brief overview of the staff report.
Commissioner Londos asked about the different leases at this location.
Commissioner Cushing asked about parking requirements for the proposed uses.
Senior Planner Zilm indicated that the CUP process would provide flexibility
to approve such uses and add necessary conditions.
Commissioner Pitkin asked if this location was the same as the auto repair
project approved at a previous meeting.
Commissioner Londos talked about the traffic on Sunset Road, and asked if
the road would be widened.
Supervising Engineer Kim indicated that the road would be widened, but would
remain 2 lanes.
Public Hearing Opened.
Public Hearing Closed.
Commissioner Londos is in favor of this Rezone. He indicated it would
facilitate the City’s ability to oversee all the requirements related to
Commissioner Pitkin and Chairman Padgett are in favor of this project.
Motion to approve Planning Commission Resolution No. 05-71 recommending the
City Council approve the rezoning to amend the conditionally permitted uses
in Subarea A of Planned Development No. 56 to include indoor recreational
Moved by Pitkin; Seconded by Londos
Yes: Londos, Pitkin; Padgett; Cushing