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CITY COUNCIL AGENDA ITEM NO. 32

Meeting Date: September 12, 2006

Subject/Title: Second Reading and adoption of Ordinance No. 835 for a Rezone (RZ 06-07) amending the development standards for Subarea A of Planned Development 24 to allow for a second story within the maximum 30-foot height limit established for this subarea in association with a design review approval for a 30,000 square foot building identified as Building ‘B’ (Phase III) of the Club One health club facility. The project is located on the vacant building pad south of the existing Club One facility at 160 Guthrie Lane.

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director
____________________________________________________________________________

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 835 approving a rezone amending the development standards for Subarea A of Planned Development 24 (PD-24) to allow for a second story within the maximum 30-foot height limit established for this subarea.

BACKGROUND
At its meeting of August 22, 2006, the City Council introduced and waived the first reading of Ordinance No. 835 and certified the mitigated negative declaration for the 30,000 square foot building identified as Building ‘B’ (Phase III) of the Club One health club facility. This ordinance adoption will allow for a second story within the previously established 30-foot maximum height limit for Subarea A of the PD-24 Zone.

FISCAL IMPACT
There would be no fiscal impact to the City. The project involves only a minor modification to the development standards previously established for the PD-24, Subarea A, zoning designation.

Attachments:
1. Ordinance approving a rezone amendment to PD-24 (Subarea A) to allow a second floor within the 30-foot maximum height limit established in the zoning text.

2. Site plan and building elevations for Phase III (Building ‘B’), date stamp received July 17, 2006.

ORDINANCE NO. 835

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE 06-07 AMENDING CHAPTER 17.474 OF THE BRENTWOOD MUNICIPAL CODE TO ALLOW A SECOND STORY WITHIN THE EXISTING 30-FOOT HEIGHT LIMITATION ESTABLISHED FOR SUBAREA A OF THE PLANNED DEVELOPMENT 24 ZONE FOR THE 4.34 ACRES LOCATED EAST OF THE INTERSECTION OF HARVEST PARK DRIVE AND GUTHRIE LANE AT 160 GUTHRIE LANE.

WHEREAS, New Point Development has initiated a rezone amendment for Planned Development 24 (PD-24) Subarea A in order to allow for a second story within the maximum 30-foot height limit established for this subarea for the 4.34 acres of land located east of the intersection of Harvest Park Drive and Guthrie Lane at 160 Guthrie Lane; and

WHEREAS, on August 1, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 06-79 which recommended the approval of the rezone amending PD-24 Subarea A; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on August 11, 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, and all other pertinent goals, policies, regulations and documents regarding the proposed zoning amendment; and

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

A. Hereby finds that:

1. The project is consistent with the existing General Plan land use designation as the uses set forth in the amended planned development zoning are consistent with Mixed-Use Business Park uses as defined in the General Plan.

2. The project is consistent with the City’s previously expressed intent to adopt development standards prior to or in conjunction with the approval of any specific projects in that the developer has concurrently processed a design review and conditional use permit application on this site.

3. The project will not result in any significant impacts as it involves only the addition of a second-story element that remains within the maximum height limit already established for the zone.

4. The project will result in more commercial development to serve the needs of the commercial, retail and office users of the Brentwood community.

B. Hereby approves Rezone 06-07, as requested, amending Chapter 17.474 of the Brentwood Municipal Code, as reflected below:
____________________________________________________________________________

CHAPTER 17.474
PD-24 (PLANNED DEVELOPMENT TWENTY-FOUR) ZONE
____________________________________________________________________________

Club One

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 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, 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 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)
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: 20,000 square feet;
2. Minimum lot width: 100 feet, street frontage not required with access easement;
3. Minimum street frontage yard: 10 feet;
4. Minimum non-street frontage yard: 0 feet;
5. Maximum building height: 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 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 20,000 square feet;
2. Minimum lot width: 100 feet, street frontage not required with access easement;
3. Minimum street frontage yard: 10 feet;
4. Minimum nonstreet frontage yard: 0 feet;
5. Maximum building height: one story not to exceed 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
 

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