Chapter 17.488 — PD-38 (PLANNED DEVELOPMENT THIRTY-EIGHT) ZONE (§ 17.488.001 – §… — Brentwood Zoning Code

The authority, purpose and intent for the adoption of the PD-38 (planned development thirty-eight) zone are as follows:

A.

Authority. PD-38 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-38 zone is to permit and regulate the development of business park, commercial, and residential uses within the zone as designated by the city of Brentwood general plan. C.

Intent. In order to achieve the purpose of implementing the development of business park, retail, and residential uses identified in the Brentwood general plan for PD-38 zone, such zone shall be divided into seven subareas as geographically designated on the map in Section 17.488.017, and as further described below. The boundaries of the PD-38 zoning district and its subareas are as shown on the map in Section

17.488.017. The primary character of the area is intended to be a mix of business park, retail, and residential uses.

1.

Subarea A consists of eleven plus/minus acres intended for self-storage and retail uses to serve the needs of the Brentwood community.

2.

Subarea B consists of thirteen plus/minus acres intended for a mix of general commercial and regional commercial uses.

3.

Subarea C consists of seventeen plus/minus acres intended for business park uses. This area will also provide for uses ancillary to business park uses.

4.

Subarea D consists of twenty plus/minus acres intended for medium density residential uses.

5.

Subarea E consists of ten plus/minus acres intended for a mix of general commercial and regional commercial uses.

6.

Subarea F consists of twenty plus/minus acres intended for a mix of general commercial and regional commercial uses.

7.

Subarea G consists of eight plus/minus acres intended for medium density residential uses. (Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020)

The following uses are permitted in subarea A of PD-38:

A.

Self-storage facilities subject to Chapter 17.755 (mini-storage or mini-warehouses), with or without resident manager dwelling unit;

Outdoor uses, including outdoor storage that is located at least two hundred feet north of Lone Tree Way or other such distance as approved by the community development director;

C.

General retail uses, including liquor sales for off-site consumption that are ancillary to the primary retail use; D.

Business services, such as laundry, dry cleaning, and automotive repair, or service establishments, such as electronic, television repair, and small equipment rental or repair;

E.

Day care facilities;

F.

Similar uses subject to the approval of the community development director. (Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020; Ord. 1087, 8/12/2025)

The following uses are permitted in subarea A of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:

A.

Auto rental, leasing or sales, auto services and repair facility, boat and recreational vehicle sales, service and repair facility, and parts and accessory store;

B.

Drive-in and drive-through establishments (subject to Chapter 17.655), including alternative fuel stations and gas stations, but excluding all prohibited uses;

C.

Businesses whose primary use is off-site liquor sales;

D.

Outdoor sales/display uses and outdoor storage facilities that are located closer than two hundred feet to Lone Tree Way or other such distance as approved by the community development director; E.

Health club, reducing studios, recreational services and similar facilities; F.

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

(Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020; Ord. 1078, 12/10/2024; Ord. 1089, 10/14/2025)

The following uses are permitted within subarea B of PD-38:

A.

General and regional retail uses;

B.

Business, office, and service establishments under two thousand square feet, such as, but not limited to, laundromat, dry cleaning, travel agencies, insurance offices, electronic and television repair, small equipment rental or repair, optical or veterinary pet services (excluding kennels), and other similar business, office, and service establishments that are under two thousand square feet, excepting that the second story of an office over retail building is not limited to two thousand square feet and can be used for office uses up to one hundred percent;

C.

Banks and financial institutions;

D.

Restaurant, café, and other food service uses, including outdoor dining, but without drive-in or drive-through facilities providing the size of the food service use is fifteen percent or less of the floor area of the building; E.

Similar uses subject to the approval of the community development director.

(Ord. 857 § 2, 2008; Ord. 899 § 4, 2012; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020)

The following uses are permitted in subarea B of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:

A.

Drive-in and drive-through establishments (subject to Chapter 17.655), excluding drive-through restaurants and all prohibited uses;

B.

Liquor sales for on-or off-site consumption that are ancillary to the primary retail use; C.

Businesses whose primary use is off-site liquor sales, other than as ancillary to a primary retail use; D.

Outdoor sales/display uses and outdoor storage facilities;

E.

Business, office, and service uses over two thousand square feet, plus medical or dental offices, or clinics over two thousand square feet. Business and trade schools;

F.

Restaurant, café, and other food service uses, including outdoor dining, that are larger than fifteen percent of the floor area of the building in which the restaurant or food service use is located;

Day care facilities;

H.

(Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020; Ord. 1089, 10/14/2025)

The following uses are permitted within subarea C of PD-38:

A.

Business, office, and service uses including medical, dental, and optical offices or clinics, and veterinary facilities (excluding kennels);

B.

Public and quasi-public offices, such as government offices, library, employment office, utility office, and similar uses;

C.

Business park uses, including, but not limited to, research and development uses, warehouse, distribution and wholesale uses, medical or dental laboratories, and other similar uses;

Light industrial and manufacturing uses, such as small assembly, printing shop, and similar uses, which generate minimal noise, odor, smoke, waste material, or other similar impacts;

E.

Uses that manufacture their primary product on the premises, such as a drapery shop, cabinet shop, upholstery shop, and similar uses. Ancillary retail sale of these products is allowed;

F.

General retail uses, including cafés and food service uses that do not exceed fifteen percent of the building area of an office, business park or industrial building, and are intended to primarily serve users of subarea C; G.

Day care facilities;

H.

Other similar uses as determined by the community development director;

I.

Emergency shelters, as defined in Section 17.030.030 and developed per the R-1 zoning regulations in Chapter 17.130;

J.

Multifamily housing units, senior apartments and living facilities, and institutional levels of congregate care at a density of 20.1 to 30.0 units per acre developed per the R-3 zoning regulations in Chapter 17.150.

(Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 991 § 5, 2017; Ord. 1013 § 2, 2020; Ord. 1084, 3/11/2025)

The following uses are permitted in the PD-38 subarea C subject to securing a conditional use permit pursuant to Chapter 17.830:

A.

Public and quasi-public uses appropriate to and compatible with the area, such as hospitals, convalescent hospitals, and business and technical schools;

B.

Animal boarding kennels;

C.

Funeral services, mortuaries and crematoriums;

D.

Health club, reducing studios, recreational services and similar facilities;

E.

Restaurants, bars, lounges and food service uses that exceed fifteen percent of the building area of an office, business park or industrial building, or are a freestanding building;

F.

Light or medium industrial uses that will have a moderate to high impact on surrounding uses, including, but not limited to, metal fabrication, machine shops, and welding shop;

G.

Outdoor storage yard or outdoor industrial uses;

H.

Manufacture of food products, pharmaceuticals, and similar products, excluding the production of fish or meat products, or similar products that create excessive sewage or odor problems, provided all manufacturing activities are performed inside a building;

I.

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 conditioning through the conditional use permit procedure.

(Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020)

The following uses are permitted in subarea D of PD-38:

A.

Attached and detached single-family dwellings, condominiums and townhomes; B.

Duplex, triplex, apartments and other small multifamily structures;

C.

Parks, playgrounds, and recreation trails;

D.

Other permitted uses identified in Chapter 17.140 of the Brentwood Municipal Code (R-2 zone).

(Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020)

The following uses are permitted in subarea D of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:

A.

(Reserved);

B.

Those uses identified in Chapter 17.140 of the Brentwood Municipal Code as being conditionally permitted (R-2 zone).

(Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020; Ord. 1083, 2/25/2025)

A.

North of the extension of Fairview Avenue:

1.

General and regional retail uses;

2.

Business services, such as laundry, dry cleaning;

3.

Automotive parts and sales without service or repairs;

4.

Service establishments, such as electronics or television repair, and small equipment rental or repair;

5.

Day care facilities;

6.

Banks and financial institutions;

7.

Health club, reducing studios, recreational services and similar facilities;

8.

Business or technical schools;

10.

Carpet and flooring stores;

11.

Business, office (medical and professional), and service establishments such as, but not limited to, laundromat, dry cleaning, travel agencies, insurance offices, electronic and television repair, small equipment rental or repair, optical or veterinary pet services (excluding kennels), and other similar business, office, and service establishments;

12.

Similar uses subject to the approval of the community development director.

B.

South of the extension of Fairview Avenue:

1.

General and regional retail uses;

2.

Health club, reducing studios, recreational services and similar facilities;

3.

Carpet and flooring stores;

4.

5.

Banks and financial institutions;

6.

Business and technical schools;

8.

Automotive parts sales without auto service or repairs;

9.

Similar uses subject to the approval of the community development director.

(Ord. 857 § 2, 2008; Ord. 899 § 4, 2012; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020)

A.

North of the extension of Fairview Avenue:

1.

Auto rental, leasing or sales, boat and recreational vehicle sales;

2.

Drive-in and drive-through establishments, excluding drive-through restaurants (subject to Chapter 17.655); 3.

On-and off-site sales of alcohol;

Outdoor sales/display uses and outdoor storage facilities;

5.

6.

Automotive repair and service;

7.

B.

South of the extension of Fairview Avenue:

1.

Drive-in and drive-through establishments, excluding drive-through restaurants (subject to Chapter 17.655); 2.

Alcohol sales for on-or off-site consumption;

3.

Outdoor sales/display uses and outdoor storage facilities;

4.

5.

Day care facilities;

6.

(Ord. 857 § 2, 2008; Ord. 899 § 4, 2012; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020; Ord. 1089, 10/14/2025)

A.

General and regional retail uses;

B.

One full-service supermarket/grocery store or similar use, including the ancillary sale of alcohol under a Type 20 or 21 (or equivalent) license issued by the California Department of Alcoholic Beverage Control;

C.

Business, professional, medical, dental, and veterinary offices (excluding kennels);

D.

Personal services, including day spas;

E.

Service uses including, but not limited to, laundromats and dry cleaners;

F.

Small equipment rental and/or repair, including electronics; G.

Financial institutions;

Restaurants, including those that sell alcohol, subject to all restrictions associated with Type 41 or 47 (or equivalent) licenses issued by the California Department of Alcoholic Beverage Control;

I.

Outdoor dining when it is ancillary to an existing permitted use within the center and all ADA accessibility requirements are continuously met;

J.

Indoor recreational facilities, including ancillary child care facilities;

K.

Similar uses as determined by the community development director.

(Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020)

A.

Drive-through features (subject to Chapter 17.655);

B.

Alcohol sales for off-premises consumption including any sale of alcohol requiring a Type 20 or 21 (or equivalent) license issued by the California Department of Alcoholic Beverage Control;

Outdoor sales/display uses and outdoor storage facilities;

D.

Child care facilities;

E.

Educational, instructional and/or training facilities or campuses including classrooms, administrative office space, and student and faculty services;

F.

Auto, boat, and recreational vehicle sales and repair of the same when ancillary to a sales use;

G.

Gas stations and alternative fuel stations;

H.

Retail uses equal to or greater than seventy-five thousand square feet in gross floor area;

I.

(Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 990 § 2, 2017; Ord. 1013 § 2, 2020; Ord. 1078, 12/10/2024; Ord. 1089, 10/14/2025)

The following uses are permitted in subarea G of PD-38:

A.

Attached and detached single-family dwellings, condominiums and townhomes; B.

Duplex, triplex, apartments and other small multifamily structures; C.

Parks, playgrounds, and recreation trails;

D.

Other permitted uses identified in Chapter 17.140 of the Brentwood Municipal Code (R-2 zone). (Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020)

(Reserved);

B.

Those uses identified in Chapter 17.140 of the Brentwood Municipal Code as being conditionally permitted (R-2 zone).

(Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020; Ord. 1083, 2/25/2025) A.

The following uses shall be prohibited within subarea B:

1.

Self-service storage facilities;

2.

Public and quasi-public uses such as hospitals, medical laboratory, outpatient facilities, convalescent hospital, business and technical schools;

3.

Health clubs, reducing studios, recreational services and similar activities;

4.

Tire shop, auto seat and upholstery shop, billiard hall, bowling alleys, lodge, fraternal hall, and community facility;

5.

Funeral services and crematoriums;

6.

Automotive, boat, or machinery repair;

7.

Auto sales, boat sales, camper, or recreational vehicle sales, and mobile or manufactured housing sales or rentals;

8.

Gas stations and mini-marts;

Carpet and/or flooring sales; 10.

Drive-through restaurants; 11.

Motels.

B.

The following uses shall be prohibited within subarea E:

1.

Self-service storage facilities;

2.

Public and quasi-public uses such as hospitals, medical laboratory, outpatient facilities, convalescent hospital;

3.

Billiard hall, bowling alleys, lodge, fraternal hall, and community facility;

Funeral services and crematoriums;

Gas stations and mini-marts;

Drive-through restaurants;

7.

Motels.

C.

The following uses shall be prohibited within subarea F:

1.

Bars, taverns, and nightclubs, including any alcohol sales requiring a Types 40, 42, 48, 50, 51, and 61 (or equivalent) license issued by the California Department of Alcoholic Beverage Control;

2.

Self-service storage facilities and warehousing;

3.

Funeral services and crematoriums;

4.

Motels;

5.

Automotive, boat, or machinery repair, unless it is ancillary to a sales use.

(Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 990 § 2, 2017; Ord. 1013 § 2, 2020)

A.

All uses developed within subareas A, B, C, E, and F of PD-38 shall conform to the development standards set forth as follows:

1.

Minimum lot area: Ten thousand square feet;

2.

Minimum lot width: Fifty feet;

3.

Minimum street frontage setback: Five feet for one story structures or less than twenty feet tall;

4.

Minimum street frontage setback: Ten feet for two story structures or less than thirty-five feet tall;

5.

Minimum street frontage setback: Twenty feet for three story structures or less than forty-five feet tall;

6.

Minimum non-street frontage setback: Zero feet.*

*Non-street frontage setbacks for parcels adjoining existing residential uses must be approved by the planning commission during the design review or conditional use permit process;

7.

Maximum building height: Forty-five feet or three stories.**

**Structures greater than forty-five feet or three stories may be permitted subject to conditional use permit approval, with a thirty-foot street frontage setback.

B.

Other development standards for subareas A, B, C, E, and F:

1.

Refuse Disposal Enclosure. All dumpsters, compactors, or semi-open trash containers shall be screened with masonry or cement refuse disposal enclosures to city standards and specifications.

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 title.

3.

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

4.

Advertising Signs. All signs shall be subject to Chapter 17.640 of this title.

5.

Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 17.630.

6.

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

7.

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

8.

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

9.

Manufacturing and Storage Areas. All manufacturing processes shall be within a structure and all open storage areas (excluding outdoor sales areas) shall be screened with a minimum six-foot high view-obscuring fence. No storage shall exceed the height of the fence without securing a conditional use permit. Masonry walls shall be utilized for screening outdoor manufacturing and storage areas visible from a public street, while chain link with view-obscuring slats or other fencing materials, may be used for screening areas not visible from a public street.

10.

Parking. Subarea E shall provide parking at a ratio of one space per two hundred fifty square feet of building floor area. All other subareas shall provide parking in accordance with Chapter 17.620 of this title. C.

General development standards for subarea D:

1.

Minimum Lot area: Three thousand square feet;

2.

Minimum lot width: Forty feet;

3.

Minimum lot depth: Seventy feet;

4.

Minimum front yard setback: Four feet, five feet minimum for non-cluster conditions. Front yards are identified as the yard closest to the access alley or public street;

5.

Minimum side yard setback: Four feet;

6.

Minimum rear yard setback: Four feet;

Minimum driveway apron: Twenty feet;

8.

Minimum street frontage setback: Ten feet and five feet for porches.

9.

Maximum building height: Two stories and thirty-five feet.

10.

Maximum lot coverage ratio: Fifty percent for main home on lot.

D.

Other regulations for subarea D:

1.

Design and site development shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004(H) of the Brentwood Municipal Code.

2.

Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H) of the Brentwood Municipal Code.

3.

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

4.

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

5.

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660 of the Brentwood Municipal Code with the following exceptions:

a.

Pop-outs at garage doors may encroach two feet into the required yard setback. b.

Architectural features and/or elements on porches may encroach up to two feet into the required yard setback.

6.

Fences along street frontages shall be set back a minimum of five feet from back of sidewalk. The homeowner or homeowner's association shall be responsible for planting and maintaining attractive landscaping in the area between the fence and sidewalk.

General development standards for subarea G:

1.

Minimum Lot area: Three thousand seven hundred square feet;

2.

Minimum lot width: Forty-five feet;

3.

Minimum lot depth: Seventy-five feet;

4.

Minimum front yard setback: Eighteen feet for front loading garages, twelve feet for side loading garages and living space, ten feet for porches;

Minimum side yard setback: Four feet;

6.

Minimum rear yard setback: Ten feet with an average of twelve feet.

F.

Other regulations for subarea G:

1.

Design and site development shall be required for all housing units pursuant to Sections 17.100.003 and

17.100.004(H) of the Brentwood Municipal Code.

2.

Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H) of the Brentwood Municipal Code.

3.

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

4.

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

5.

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660 of the Brentwood Municipal Code with the following exceptions:

a.

Pop-outs at garage doors may encroach two feet into the required yard setback.

6.

Corner lot fences shall be set back a minimum of five feet from back of sidewalk or at property lines, whichever is greater. The homeowner shall be responsible for planting and maintaining attractive landscaping in the area between the fence and sidewalk.

(Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020)

The design and site development review procedure contained in Chapter 17.820 of this title shall apply to new structures within PD-38.

(Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020)

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(Ord. 960 § 17, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 1013 § 2, 2020)