Chapter 17.453 — PD-3 (PLANNED DEVELOPMENT THREE) ZONE (§ 17.453.001 – § 17.453.006)

The authority and purpose for the adoption of PD-3 (planned development three) zone are as follows:

A.

Authority. The PD-3 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations, of the Brentwood Municipal Code.

B.

Purpose. The purpose of the PD-3 zone is to permit and regulate the orderly development of the single family detached homes and public uses as well as approximately 10.13 acres located at the southeast corner of Balfour Road and Fairview Avenue with general commercial uses, including a supermarket, in accordance with the Brentwood general plan.

C.

Intent. The intent of creating the PD-3 zone is to ensure the coordinated development of the entire zone in order to ensure the integration of residential and non-residential uses within the zone and minimize impacts on adjacent residential areas, while providing for the flexibility to maximize the potential for job creation and serve the needs of surrounding residential and commercial neighborhoods. The boundaries of the PD-3 zoning district and its subareas are as shown on the map in Section 17.453.006. (Ord. 857 § 2, 2008)

A.

The following uses are permitted within subarea "A":

1.

Those uses permitted in the R-1 (Single Family Residential) zoning district in Title 17.

B.

The following uses are permitted within subarea "B":

1.

Convenience retail uses with up to twenty seats such as bakeries, pastry shops, coffee shops, bookstores, candy stores, florists, newsstands, stationery/gift shops, ice cream parlors, and similar uses;

2.

Supermarkets, drugstores, and similar uses;

3.

On-sale or off-sale liquor sales relating to a supermarket, drugstore, restaurant or similar use;

4.

Service uses such as barber or beauty shops, shoe repair stores, laundromats, dry cleaners, mailing/mailbox centers, and similar uses;

5.

Professional office uses such as dentist offices, real estate offices, chiropractic offices, optometrist offices, and veterinary clinics or pet stores (excluding boarding facilities);

6.

Restaurants and cafés with up to twenty seats providing take-out service or having quick-serve capability (as determined by the community development director) with no restriction on the number or area of such uses within the center;

7.

Restaurants and cafés with sit-down facilities, limited to a total of eleven thousand five hundred square feet within the entire shopping center;

8.

Financial institutions; and

9.

Convenience retail, service, and other permitted uses that conform with the city's noise ordinance pursuant to the definition set forth in Chapter 17.200.004 and Chapter 9.32 as amended February 12, 2002. (Ord. 857 § 2, 2008)

A.

The following uses are conditionally permitted within subarea "A":

1.

Those uses conditionally permitted in the R-1 (singe-family residential) zoning district in Title 17. B.

The following uses are conditionally permitted within subarea "B":

1.

On-sale or off-sale liquor establishments not relating to a supermarket, drugstore, restaurant or similar use; 2.

Convenience stores;

3.

Meeting rooms/fraternal halls and neighborhood community centers;

4.

Freestanding restaurants and cafés, excluding a drive-in or drive-thru establishment;

5.

Open storage or outdoor display of seasonal merchandise;

6.

Restaurants and cafés with sit-down facilities, when the total square footage exceeds eleven thousand five hundred square feet within the entire center;

7.

Child care nurseries, child care centers, day care centers, and similar uses; and

8.

Other uses that the community development director determines, because of the type of operation, material stored or sold, or other special circumstances that require special consideration and regulations through the conditional use permit procedure.

(Ord. 857 § 2, 2008)

A.

All permitted and conditionally permitted uses developed within the PD-3 residential subarea "A" zone shall comply with the following regulations:

1.

Minimum lot area: six thousand square feet.

2.

Minimum front yard: twenty feet to garage; fifteen feet to house.

3.

Minimum lot frontage: thirty-five feet.

4.

Minimum side yard: five feet; sum of both sides, fifteen feet.

Minimum rear yard: fifteen feet, provided average rear yard setback is not less than twenty feet.

6.

Maximum building height: No main building shall exceed the height of two stories and thirty feet.

7.

Exceptions:

a.

Corner lots shall maintain a minimum side yard on the street side of ten feet.

B.

All permitted and conditionally permitted uses developed within the PD-3 commercial subarea "B" zone shall comply with the following regulations:

1.

Minimum lot area: twenty-five thousand square feet, except that a master planned shopping center may be subdivided into parcels, having a minimum lot area of ten thousand square feet and a minimum lot width of one hundred feet.

2.

Minimum street frontage: one hundred twenty feet, except in the event of a subdivision pursuant to subsection A of this section where frontage is not required provided perpetual access is provided by easements.

3.

Minimum street frontage yards: ten feet that, except for driveway approaches, shall be landscaped pursuant to Section 17.630.

4.

Minimum non-street frontage yards: fifty feet. These yards shall be screened if required pursuant to Section 17.630.

5.

Maximum Building Height. The maximum height of all structures in the PD-3 commercial subarea "B" zone shall be one story not to exceed thirty feet except for architectural features (including roof elements) which can extend up to thirty-seven feet.

6.

Delivery Hours. Supermarkets shall restrict delivery hours to seven a.m. to ten p.m., Monday through Saturday, and nine a.m. to ten p.m. on Sunday.

(Ord. 857 § 2, 2008)

A.

The following regulations shall pertain to PD-3 residential subarea "A":

1.

Design and site development review shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004(H).

2.

Off street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H).

3.

The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.

4.

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

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

6.

The development of the zone district shall be substantially in accord with the development plan and related exhibits.

7.

Landscaping along Marsh and Dry Creeks, and within the public right-of-way, shall be substantially in conformance with the landscape plan submitted except as follows:

a.

Marsh Creek trail development shall meet the standards and specifications of the East Bay Regional Park District;

b.

One third of the street trees along Balfour Road and Fairview Avenue shall be a twenty-four-inch box and two thirds of the trees shall be fifteen-gallon size;

c.

Heavier wood materials shall be used for the backyard fence for those homes backing up to Dry Creek. Materials and elevations will need staff approval;

d.

The park trail fence shall be installed to city standard specifications;

8.

Maximum number of dwelling units shall be three hundred ninety-nine.

9.

Fifty percent of the homes along Balfour Road and Fairview Avenue Extension shall be single story. B.

The following regulations shall pertain to PD-3 commercial subarea "B":

1.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620 of the Brentwood Municipal Code, except that sit-down restaurants shall provide one parking space for each one hundred square feet of gross floor area.

2.

Development Standards. The uses within the PD-3 commercial subarea "B" zone shall comply with Section 17.200.003 of the Brentwood Municipal Code.

3.

Performance Standards. The uses within the PD-3 commercial subarea "B" zone shall comply with Section 17.200.004 of the Brentwood Municipal Code.

4.

Signs. All signage for uses within the PD-3 commercial subarea "B" zone shall be in accordance with the master sign program, as approved by the city of Brentwood.

5.

Prohibited Uses. Prohibited uses within the PD-3 commercial subarea "B" zone shall include drive-in or drivethru facilities and gas station facilities.

6.

Operating Covenant. No building permits shall be issued for any development unless and until the operating covenant between the city of Brentwood and Safeway Inc. has been entered into.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

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