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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: April 25, 2006

Subject/Title: Adopt a Resolution approving a Negative Declaration; introduce and waive the first reading of an ordinance for a Rezone (RZ 06-01) to create Sub Area C with uses and development standards in the PD-24 Zone and modify the Sub Area Map, as well as associated changes to the PD-13 Zone, to include the uses and development standards in the Paradise Cove subdivision (Fahmy Ct. residential project) located south of Balfour Road and east of Guthrie Lane.

Prepared by: John Strandberg, Community Development Technician

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION

Introduce and waive the first reading of an Ordinance approving the Rezone and approve the Resolution for the accompanying Negative Declaration.

PREVIOUS ACTION

• Creation of PD-13 in July 1993
• Tentative Subdivision Map No. 8180 (TSM 8180, Paradise Cove) within PD-13 approved by the City Council on July 25, 2000
• Rezone for a portion of PD-13 through the General Plan Update adopted on November 27, 2001, relocating the south-western 8.6 acres, including TSM 8180, to PD-24
• Sub Area A of PD-24 was approved in May 2002, and is currently developed with the Club One facility
• Recordation of Tentative Subdivision Map 8180, August 22, 2002
• DR 03-17 approved by the Planning Commission on October 7, 2003 for the 14 homes within the Paradise Cove subdivision
• Sub Area B of PD-24 was approved in February 22, 2005 by the City Council for the Marples Office Building
• March 21, 2006, RZ 06-01 was heard before the Planning Commission and recommended for approval to the City Council

BACKGROUND

Entitlement History

On July 25, 2000, the City Council approved Tentative Subdivision Map (TSM) 8180, a 14-lot, single-family residential neighborhood, on 4.25 acres located within PD-13; development standards for the subdivision were also established at this time. On November 27, 2001, the City Council updated the General Plan which included rezoning the south-western 8.6 acres of PD-13 (including TSM 8180) to PD-24 and a re-designation from Medium-Density Residential to Mixed-Use Business Park. These changes were made as it was thought the residential project would not be pursued. The previously approved residential TSM 8180, now called Paradise Cove, was allowed to proceed with development even though the area was designated Mixed-Use Business Park, since tentative map approvals are valid for two years, [Subdivision Map Act 2006, 66452.6(a)(1)], and a final map was recorded prior to the expiration of that two-year period.

Current Status

At this time, Paradise Cove is a completed neighborhood of 14 homes without any development standards.

PROJECT DESCRIPTION

The proposed project involves an amendment to the City’s Municipal Code by creating Sub Area C in Planned Development 24 (PD-24) with appropriate uses and development standards. Paradise Cove is a developed subdivision of single family homes with all infrastructure and lot improvements completed. The subdivision was built with the uses and development standards adopted specifically for this project within PD-13, but the standards were not transferred to PD-24 when the General Plan was updated, leaving an existing residential neighborhood within a PD zone without uses or development standards. Staff is proposing to use these same standards from PD-13 (used to approve the project) to govern the subdivision in PD-24 (in which it is now located).

As a result of the 2001 General Plan change and rezoning for this property, this residential subdivision has no permitted uses or development standards. This proposed rezoning would establish single-family residential uses and development standards for this neighborhood. The General Plan Land Use designation will be changed back to residential from Mixed-Use Business Park the next time the General Plan is updated.

ANALYSIS

The primary purpose for staff initiating this rezone is to establish Sub Area C so that Paradise Cove has uses and development standards. This will ensure that the existing homes have appropriate building setbacks, height standards, lot dimensions, etc. in place, resulting in legal structures that can be modified and/or sold without questioning whether they conform to the Municipal Code or not. The text currently in place for PD-24 was only adopted for nearby Sub Area A and Sub Area B. Sub Area A is currently developed with the Club One facility, while Sub Area B is zoned for office use, and has an approved, but not under construction, 9,500 square foot building on the site. Additional sub areas will be created as the remaining land within PD-24 develops.

As a result, staff recommends that development standards for TSM 8180, Paradise Cove, be created and codified as Sub Area C, as reflected in the attached ordinance. In addition, staff recommends that PD-13 be modified by deleting any reference to Paradise Cove (formerly the Fahmy property). Staff finds that the proposed development standards are appropriate and will ensure that adjacent properties are not negatively impacted.

It should be noted that PD-13 was codified with maps from PD-12 in error, so staff requests that these maps be removed and the proper map be codified in their place.

FISCAL IMPACT

There are no fiscal impacts associated with this rezone.

Attachments:
1. Resolution approving the Negative Declaration
2. Ordinance approving the Rezone
3. Exhibit A: PD-24 text
4. Exhibit B: PD-13 text
5. Exhibit C: Zoning Sub Area Map of PD-24
6. Exhibit D: Zoning Area Map of PD-13
7. Negative Declaration
8. Minutes from Planning Commission Meeting of March 21, 2006

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING WITHOUT LIMITATION THE ADOPTION OF A NEGATIVE DECLARATION FOR REZONE NO. 06-01, LOCATED EAST OF GUTHRIE LANE, SOUTH OF BALFOUR ROAD AND WEST OF SELLERS AVENUE.

WHEREAS, The City of Brentwood has requested that the City Council approve a Negative Declaration for a rezone application located east of Guthrie Lane, south of Balfour Road, and west of Sellers Avenue; and

WHEREAS, the proposed project information was referred to various public utility companies, public districts and pertinent departments for review and recommendations; and

WHEREAS, a Negative Declaration was prepared for this project in accordance with the California Environmental Quality Act (CEQA) and is considered a part of this review and approval process; and

WHEREAS, the Negative Declaration identifies no environmental effects associated with the project; and

WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on March 1, 2006, and ended on March 20, 2006, and no comments were received; and

WHEREAS, the Planning Commission of the City of Brentwood considered this Negative Declaration at a public hearing at its regular meeting of March 21, 2006 and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties and approved Resolution No. 06-12 recommending approval of the negative declaration; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on March 31, 2006, 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 considered this Negative Declaration at a public hearing at its regular meeting of April 25, 2006 and considered the staff report, all accompanying information and testimony received from the applicant and other interested parties.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood herby approves the Negative Declaration for the creation of Sub Area C of PD-24, located east of Guthrie Lane, south of Balfour Road, and west of Sellers Avenue.

THIS ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 25th day of April 2006, by the following vote:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 06-01) TO AMEND CHAPTERS 17.463 AND 17.474 OF THE BRENTWOOD MUNICPAL CODE FOR PLANNED DEVELOPMENT THIRTEEN (PD-13) AND PLANNED DEVELOPMENT TWENTY-FOUR (PD-24), GENERALLY LOCATED EAST OF GUTHRIE LANE, SOUTH OF BALFOUR ROAD AND WEST OF SELLERS AVENUE.

WHEREAS, the City of Brentwood has submitted an application for a zoning amendment to amend Planned Development 13 and 24, creating Sub Area C within PD-24and removing any references to the Fahmy property from PD-13, located east of Guthrie Lane and south of Balfour Road as shown on the revised Subarea Map, Exhibit “C”; and

WHEREAS, the tentative subdivision map for the Paradise Cove homes was approved by the Planning Commission on August 17, 1999, by Resolution No. 99-35; and

WHEREAS, the development standards for Paradise Cove were approved by the City Council on July 25, 2000; and

WHEREAS, through the General Plan Update adopted on November 27, 2001, a portion of PD-13, the south-western 8.6 acres including TSM 8180, was relocated to PD-24; and

WHEREAS, the tentative subdivision map for the Paradise Cove homes was recorded on August 22, 2002; and

WHEREAS, the design review for the Paradise Cove homes was approved by the Planning Commission on October 7, 2003, by Resolution No. 03-74; and

WHEREAS, nonexistent uses and development standards were discovered in December of 2005; and

WHEREAS, creation of Sub Area C of the PD-24 Zone is necessary in order to correct the noted nonexistent uses and development standards; and

WHEREAS, the development standards include building setbacks and heights for the existing homes; and

WHEREAS, a Negative Declaration has been prepared for the Paradise Cove project in accordance with the California Environmental Quality Act (CEQA); and

WHEREAS, on March 21, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 06-13 which recommended the approval of the Rezone for Planned Development 24 creating Sub Area C and the subsequent changes to Planned Development 13; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on March 31, 2006, 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 held a public hearing on the proposed zoning amendment on April 25, 2006, for the purpose of reviewing the application, considering the Planning Commission’s action, and considering all comments made by the public with respect to this proposed zoning amendment; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zoning amendment; and

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

A. Hereby finds that:

1. The project implements the intent of the existing General Plan land use designation which will be changed with the next General Plan update to accurately reflect the single-family Paradise Cove subdivision.

2. The project is consistent with the City’s previously expressed intent to adopt development standards in conjunction with the approval of any specific project.

B. Hereby approves Rezone 06-01 as requested, amending the Brentwood Municipal Code, as reflected below:

1. Development standards for Sub Area C of the PD-24 Zone are hereby added to Chapter 17.474 as shown in Exhibit "A" attached hereto and made a part of this Ordinance.

2. Revisions to the PD-13 Zone, removing any references to the “Fahmy” property, are hereby reflected in Chapter 17.463 as shown in Exhibit "B" attached hereto and made a part of this Ordinance.

3. The existing Sub Area Map for PD-24 shall be replaced with the following updated Sub Area map, as shown in Exhibit “C” attached hereto.

4. The existing PD-13 maps shall be replaced with the following updated Area map, as shown in Exhibit “D” attached hereto.

THIS ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 25th day of April 2006, by the following vote:

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT STANDARDS FOR SUB AREA C OF THE PD-24 ZONE

(added text is bolded and deleted text is stricken)

Chapter 17.474
PD-24 (PLANNED DEVELOPMENT TWENTY-FOUR) ZONE

Sections:

17.474.001 Authority, purpose and intent.

Sub Area A

17.474.002 Permitted uses for Sub Area A.
17.474.003 Conditionally permitted uses for Sub Area A.
17.474.004 Development standards for Sub Area A.
17.474.005 Performance standards for Sub Area A.
17.474.006 Design and site development review for Sub Area A.

Sub Area B

17.474.007 Authority, purpose and intent.
17.474.007 Permitted uses for Sub Area B.
17.474.008 Conditionally permitted uses for Sub Area B.
17.474.009 Development standards for Sub Area B.
17.474.010 Performance standards for Sub Area B.
17.474.011 Design and site development review for Sub Area B.

Sub Area C

17.474.012 Permitted uses for Sub Area C.
17.474.013 Conditionally permitted uses for Sub Area C.
17.474.014 Development standards for Sub Area C.
17.474.015 Other Regulations for Sub Area C.

17.474.016 PD-24 Sub Area Map

PD-24
17.474.001 Authority, purpose and intent
The authority, purpose and intent for the adoption of the PD-24 (planned development twenty-four) zone are as follows:

A. Authority. The PD-24 (planned development twenty-four) zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations of this code;

B. Purpose. The purpose of the PD-24 (planned development twenty-four) zone, subarea “A,” is to permit and regulate the development of Sub Area A as 4.34 acres (APN 010-150-034) designated as BP (Mixed-Use Business Park) by the City of Brentwood General Plan Land Use Map, Sub Area B as 0.67 acres (APN 010-480-056) designated as BP (Mixed-Use Business Park), and Sub Area C to permit and regulate the development of single-family detached homes in the 14-lot Paradise Cove neighborhood, in accordance with the Brentwood General Plan. (Ord. 796 § 1 (part), 2005)

C. Intent. It is intended that in order to achieve the purpose of the PD-24 (planned development twenty-four) zone of implementing the development of Sub Areas A and B as 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 commercial, office, service and light industrial uses, and Sub Area C as a development of single-family detached homes in the 14-lot Paradise Cove neighborhood, in accordance with the Brentwood General Plan. (Ord. 796 § 1 (part), 2005)

1. The project site consists of 4.34 acres and is intended for the development of approximately fifty-six thousand square feet of commercial, office, service and light industrial uses, including supporting retail services compatible with an office/business center and technology center. (Ord. 703 § 2 (Exh. B (part)), 2002)

17.474.002 Permitted uses for Sub Area A
The following uses are permitted within this sub area of the PD-24 (planned development twenty-four) zone:

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

1. General office uses;

2. Business and professional offices, such as software developers, architects, attorneys, accountants and office uses that are supplementary to industrial, business or commercial uses;

3. Research and development space that includes office, support, and warehouse/research areas (i.e. flex-tech);

4. Service uses, such as coffee and sandwich shops, dry cleaners, laundry facilities, and similar services;

5. Medical or dental laboratories;

6. Medical or dental offices or clinics;

7. Service uses including, but not limited to, appliance, television and radio repair, and small equipment repair or service;

8. Similar uses subject to the approval of the community development director. (Ord. 703 § 2 (Exh. B (part)), 2002)

17.474.003 Conditionally permitted uses for Sub Area A

The following uses are permitted upon obtaining a conditional use permit pursuant to Chapter 17.830 within this sub area of the PD-24 (planned development twenty-four) zone:

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

1. Public and quasi-public uses appropriate to and compatible with the area such as hospitals, outpatient care facilities, business and technical schools, and full service financial institutions;

2. Restaurants;

3. Commercial uses including, but not limited to, uses that may or may not manufacture their primary product on the premises such as a drapery shop, cabinet shop, or upholstery shop;

4. Health clubs and recreation clubs;

5. Churches;

6. Light metal fabrication, machine shops, small welding shops, small assembly, and printing shop;

7. Similar uses subject to the approval of the community development director. (Ord. 703 § 2 (Exh. B (part)), 2002)

17.474.004 Development standards for Sub Area A

A. All nonresidential permitted and conditionally permitted uses developed within Sub Area A 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 story not to exceed thirty 30 feet;

B. Other Regulations.

1. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures to city standards and specifications.

a. Refuse pick-up shall be prohibited between the hours of six p.m. and seven a.m.

2. 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 this code.

3. Parking lot design and development standards. All facilities shall comply with the design and development standards of Chapter 17.620 of this code.

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

5. Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 17.630 of this code, except as follows:

a. The minimum width of landscaping (including sidewalk) along Guthrie Lane shall be twenty feet. The minimum width of landscaping along adjacent parcels shall be five feet when separating parking and ten feet when separating a building. All other secondary streets/drives shall have a minimum landscaping width of five feet except where parking is directly off-street (this is only allowed at one hundred feet minimum distance to major intersections and twenty feet minimum from secondary intersections). Widths shall be measured from the face of curb to the edge of a building or parking lot. A public sidewalk is typically included within this required width, with the following exception -- when widths are less than ten feet -- no sidewalk shall be allowed.

b. At the time of development, landscaping shall be installed along any property line abutting a residentially zoned area. The required landscaping shall consist of the following:

i. Minimum width of the landscaped area shall be five feet;

ii. Landscape fingers or tree wells perpendicular to the perimeter landscaping shall be provided no more than ten parking spaces apart;

iii. Evergreen trees shall be planted in areas identified in subsections (i) and (ii) such that a visual screen is created.

6. Advertising Signs. All signs shall be subject to an approved master sign program.

7. Yards. All required yards shall be utilized for landscaping only, except for access drives to the property. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660 of this code.

8. Accessory structures and buildings shall be permitted pursuant to the provisions of Chapter 17.660 of this code.

9. Security Measures. All facilities shall provide security measures in accordance with city standards and subject to design review.

10. Energy Conservation. All facilities shall, to the greatest extent possible, incorporate energy conservation measures in conformance with city standards and subject to design review.

11. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure and 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. Solid walls shall be utilized for screening areas visible from a public street. (Ord. 703 § 2 (Exh. B (part)), 2002)

17.474.005 Performance standards for Sub Area A
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 this 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 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. (Ord. 703 § 2 (Exh. B (part)), 2002)

17.474.006 Design and site development review for Sub Area A

The design and site development of all new structures shall comply with Chapter 17.820 of this code. (Ord. 703 § 2 (Exh. B (part)), 2002)

17.474.007 Authority, purpose and intent, Sub Area “B”

The authority, purpose and intent for the adoption of the PD-24 (planned development twenty-four) zone are as follows:

A. Authority. The PD-24 (planned development twenty-four) zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones--General Regulations of this code;

B. Purpose. The purpose of the PD-24 (planned development twenty-four) zone, subarea “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 (planned development twenty-four) 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 nine thousand five hundred square feet of business and professional office uses. (Ord. 796 § 1 (part), 2005)

17.474.007 Permitted uses for Sub Area B
The following uses are permitted within this sub area of the PD-24 (planned development twenty-four) 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. (Ord. 796 § 1 (part), 2005)

17.474.008 Conditionally permitted uses for Sub Area B

The following uses are permitted upon obtaining a conditional use permit pursuant to Chapter 17.830 of this code within this sub area of the PD-24 (planned development twenty-four) 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. (Ord. 796 § 1 (part), 2005)

17.474.009 Development standards for Sub Area B

A. All nonresidential 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 nonstreet frontage yard: zero 0 feet;

5. Maximum building height: one story not to exceed thirty 30 feet.

B. 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 this code;

2. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620 of this code;

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

4. Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 17.630 of this 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. (Ord. 796 § 1 (part), 2005)

17.474.010 Performance standards for Sub Area B
All permitted and conditionally permitted uses shall conform to the performance standards set forth in this section:

A. Noise.

1. All uses shall comply with Chapter 9.32 of this 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 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. (Ord. 796 § 1 (part), 2005)

17.474.011 Design and site development review for Sub Area B
The design and site development of all new structures shall comply with Chapter 17.820 of this code. (Ord. 796 § 1 (part), 2005)

17.474.012 Permitted uses for Sub Area C
The following uses are permitted within Sub Area C of the PD-24 (planned development twenty-four) zone:

A. One single-family dwelling unit per parcel;

B. Rooming and boarding subject to Section 17.650.003 of this title;

C. Accessory facilities or buildings related to the primary use subject to Chapter 17.660 of this title;

D. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850 of this title;

E. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840 of this title;

F. Small family residential care facilities;

G. The keeping of domestic animals or pets subject to Chapter 17.670 of this title;

H. Secondary housing units subject to section 17.100.005 of this title. (Ord. 796 § 1 (part), 2005)

17.474.013 Conditionally permitted uses for Sub Area C
The following uses are permitted upon obtaining a conditional use permit pursuant to Chapter 17.830 of this code within this subarea of the PD-24 (planned development twenty-four) zone:

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

1. Large residential care facilities and day care centers.

17.474.014 Development standards for Sub Area C

A. Unit Density. Unit density shall not be greater than 5.0 dwelling units per acre;

B. Lot Area. Minimum 6650 square feet.

C. Lot Width. Minimum 50 feet for interior lots and 55 feet for corner lots. Minimum of 35 feet at the street for cul-de-sac lots;

D. Lot Depth. Minimum 94 feet;

E. Height. No main building shall exceed the height of two stories or 30 feet;

F. Rear Yard. Minimum 15 feet;

G. Front Yard. Minimum 12 feet for house and 20 feet to garage door;

H. Side Yard. Minimum 5 feet, sum of both yards 12 feet. Corner lots shall have a minimum 10 feet on street side;

I. Garage. Maximum 45 percent of the lot width;

J. Parking. Two covered spaces in garage;

K. Coverage. Not more than 40 percent lot coverage.

(Ord. 639 Exh. B (part), 2000: Ord. 530, 1993; Ord. 506 Exh. D (part), 1993 (Ord. 796 § 1 (part), 2005)

17.474.015 Other regulations for Sub Area C

A. Design and site development review shall be required for all housing units pursuant to Chapter 17.100;

B. The parking and storage of boats, trailers, and similar vehicles and equipment shall be subject to the provisions of Chapter 17.620;

C. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.620;

D. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.

17.474.016 PD-24 Sub Area Map

EXHIBIT “B” TO
CITY COUNCIL ORDINANCE NO.
REVISIONS TO THE PD-13 ZONE

(added text is bolded and deleted text is stricken)

Chapter 17.463
PD-13 (PLANNED DEVELOPMENT THIRTEEN) ZONE

17.463.001 Authority, purpose and intent.
17.463.002 General requirements.
17.463.003 Permitted uses.
17.463.004 Conditionally permitted uses.
17.463.005 Development standards.
17.463.006 PD-13 Area Map

17.463.001 Authority, purpose and intent.
The authority, purpose and intent for the adoption of the PD-13 (planned development thirteen) zone are as follows:

A. Authority. PD-13 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations of this code.

B. Purpose and Intent. The purpose of the PD-13 zone is to permit and regulate the orderly development of the Balfour South and Gerry and Fahmy properties. Opportunities include providing a landscape/open space buffer along Sellers Avenue to Mount Diablo, providing a pedestrian oriented environment within the proximity of the downtown area, and providing a distinctive edge for the city. Constraints include the need to provide major infrastructure improvements such as drainage and sewer and ensuring that the residential development is compatible with the industrial park to the west and the agricultural uses to the east and south. (Ord. 639 Exh. B (part), 2000: Ord. 506 Exh. D (part), 1993)
17.463.002 General requirements.
The following general standards apply to PD-13:

A. Subareas. PD-13 has been divided into separate areas based on land use. These include residential, parks, detention basin/open space, and street rights-of-way. The areas are indicated in the chart below. Street rights-of-way only includes Guthrie Lane, Balfour Road and Sellers Avenue. Local streets would be included in the residential acreage.

Land Use Acres Max.
Density Max. Units
Gerry property 20.4 6.0 du/ac 122.40
Balfour South property 4.85 6.0 du/ac 29.10
Fahmy
property** 4.25 6.0 du/ac 25.50
Parks* 1.50
Detention/open space 2.90
Road right-of-way 3.80
Totals 37.70 33.45 177.00 151.00

* The acreage for the park is indicated as a minimum acreage. The exact size, dimensions and location will be determined through the use permit process.

** The medium/single-family guidelines are per development standards for the Gerry properties.

B. Master Plan. Through the use permit process, a master land use plan shall be approved by the planning commission prior to submittal for a tentative map or design review. The master plan shall include, but not be limited to, identifying the various land uses, the location and approximate dimensions of the park areas, the dimension and design of the open space areas, and the lot sizes. Staff and the planning commission may ask for additional information that will help in determining the approximate development of the property.

C. Density. The maximum unit count and overall density of six units per acre may not be exceeded for each property within the planned development. The density of any one product may go up to ten units per acre, provided that the average density for the property is not exceeded. The maximum unit for the entire planned development shall not exceed 177 151 units. There shall be no transfer of density between properties.

D. Unit Count. Through approval of a master plan, tentative map or other discretionary action, the city may approve residential projects at less than the maximum allowable density due to such reasons as:

1. Avoid or reduce significant environmental effects as identified in an environmental impact report;

2. Achieve compliance with objectives and policies of the general plan;

3. Certain characteristics of a property such as topography, utility easements, shape or other items which restrict the amount of development;

4. Aesthetic or site planning considerations which will improve the quality of the development or increase its compatibility with adjacent land uses; or

5. Compliance with the development regulations, or standards.

E. C. C. and R.’s. C. C. and R.’s shall be provided for all properties located within planned development thirteen. C. C. and R.’s are subject to city review and approval.

F. Utilities. All utilities shall be built per the requirements in effect at time of tentative map submittal. These improvements are subject to the requirements of the city engineer.


G. Other Requirements. All requirements not specifically regulated in this ordinance will be regulated by the city of Brentwood Municipal Code.

H. Design and Site Plan Review. The design of the homes and improvements shall have the following characteristics:

1. The park or parks shall be located to serve as a focal point for the residents living in the area.

2. The developments shall be designed to accommodate and encourage pedestrian circulation throughout the area, to the park, to the open space buffer and to the existing business park.

3. The streets shall be designed to mimic the old-town concept and include formal street trees placed twenty-five feet on center and old-style street lights. The sidewalk shall be detached by five feet to allow for the placement of the trees.

4. The residential units shall include elements which copy old-style architectural features. Examples include large front porches, rear set garages, steep pitched roofs and courtyards.

5. Consideration shall be given to providing an adequate transition between the residential uses and the business park to the west. This transition may include landscape screening, larger landscape setbacks, mounding, masonry walls or similar. The exact type of transition will depend on the type of product and be determined through the tentative map process.

I. Streets and Traffic. A limited traffic study shall be submitted concurrently with each tentative subdivision map. The study shall identify specific roadway improvements needed to accommodate the traffic expected by that subdivision. These on or off-site improvements shall be a condition of approval of the subdivision.

Fairview Parkway shall be developed as a two-lane collector, unless a traffic study (as required by subsection I of this section) indicates that a wider street is necessary.
(Ord. 639 Exh. B (part), 2000: Ord. 506 Exh. D (part), 1993).

17.463.003 Permitted uses.
The following residential uses may be allowed, provided that a master land use plan has already been approved for the property:

A. Medium Lot Single-Family Residential (Medium Lot). The medium lot single-family residential category allows primarily single-family detached homes. The following standards apply to this category:

1. Medium Lot Permitted Uses.

a. One single-family dwelling per parcel;

b. Rooming and boarding subject to Section 17.650.003 of this title;

c. Accessory facilities or buildings related to the primary use subject to Chapter 17.660 of this title;

d. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850 of this title;

e. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840 of this title;

f. Small family residential care facilities. subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood;

g. The keeping of domestic animals or pets subject to Chapter 17.670 of this title;

h. Signs subject to Chapter 17.640 of this title;

i. Secondary housing units subject to Section 17.100.005 of this title.

17.463.004 Conditionally permitted uses.

2.1. Medium Lot Conditionally Permitted Uses.
a. Secondary housing units subject to Section 17.100.005 of this title;

a. Public facilities including parks, playgrounds, public schools and other public buildings;

b. Churches, religious institutions and private schools;

c. Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project;

d. Large residential care facilities and day care centers. subject to locational criteria adopted by the resolution of the planning commission of the city of Brentwood.

17.463.005 Development Standards.

3. Medium Lot Site Development Standards.

a. Unit Density. Unit density shall not be greater than 5.0 dwelling units per acre;

b. Lot Area. Minimum six thousand six hundred fifty square feet.

c. Lot Width. Minimum fifty feet for interior lots and fifty-five feet for corner lots. Minimum of thirty-five feet at the street for cul-de-sac lots;

d. Lot Depth. Minimum ninety-four feet;

e. Height. No main building shall exceed the height of two stories and thirty feet;

f. Rear Yard. Minimum fifteen feet;

g. Front Yard. Minimum twelve feet for house and twenty feet to garage door;

h. Side Yard. Minimum five feet, sum of both yards twelve feet. Corner lots shall have minimum ten feet on street side;

i. Garage. Maximum forty-five percent of the lot width;

j. Parking. Minimum one space per lot on street plus two covered spaces in garage;

k. Coverage. Not more than forty percent lot coverage.

(Ord. 639 Exh. B (part), 2000: Ord. 530, 1993; Ord. 506 Exh. D (part), 1993)

17.463.006 PD-13 Area Map

EXHIBIT C
TO CITY ORDINANCE NO.

EXHIBIT D
 

City Administration
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov