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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 permit.

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 treatment facility.

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 industrial uses.

• 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”
Subarea Map
Draft excerpt of the Planning Commission Minutes for the meeting of October 18, 2005



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 documents; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

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:

7:00 PM

– 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 05-16 (Zilm)

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 this project.

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 facilities.
Moved by Pitkin; Seconded by Londos
Vote: 4-0-1
Yes: Londos, Pitkin; Padgett; Cushing
Abstain: Stirling

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