Chapter 17.490 — PD-40 (PLANNED DEVELOPMENT FORTY) ZONE (§ 17.490.001 – § 17.490.008)

The authority, purpose and intent for the adoption of the PD-40 (planned development forty) zone are as follows:

A.

Authority. PD-40 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations.

B.

Purpose. The purpose of the PD-40 zone is to permit and regulate the development of the Sand Creek business center planned district, as designated in the city council's planning and zoning ordinances as a mixed-use zone, permitting maximum flexibility in uses in order to accommodate a variety of diverse as well as complementary office, commercial retail, business, and light industrial uses.

C.

Intent. It is intended that in order to achieve the purpose of the PD-40 zone of implementing the development of a planned employment center in conformance with the Brentwood general plan in accordance with the Sand Creek business center master plan, the zone shall be defined as geographically designated on the development plan and related exhibits and as further described below. The boundary of the PD-40 zoning district is as shown on the map in Section 17.490.008. The primary character of the area is intended to be a mix of light industrial and office uses to accommodate the flex-space market. Commercial and retail uses may be allowed, provided that they are found compatible with the primary uses.

1.

PD-40 consists of approximately 11.34 gross acres intended for the development of an approximate one hundred forty thousand square feet light industrial office flex-space and business center to serve the

untapped needs of the Brentwood community. The business center will provide for the development of light industrial, office and flex-space for potential users that would provide employment and services to the community.

(Ord. 857 § 2, 2008)

The following uses are permitted within the PD-40 zone.

A.

The following uses shall be permitted within this subarea:

1.

Manufacturing uses consistent with high technology, electronics, R and D assembly and flex-space users; 2.

Manufacturing uses, including food products, pharmaceuticals and similar products that do not create excessive sewage or odor problems;

3.

Light metal fabrication, machine shops, welding shops, small assembly, printing shops and similar light industrial uses which generate minimal noise, smoke, glare, waste material, etc.;

Financial institutions;

5.

Medical and dental offices and/or laboratories;

Restaurants, cafés, delis, sports bars, health clubs and reducing studios to the extent that such uses do not occupy more than ten percent of the gross floor area of an individual building;

7.

Day care and child care facilities and meeting rooms in conjunction with another permitted use;

8.

Public and quasi-public uses appropriate and compatible with the area such as educational institutions, business, technical, vocational and trade schools;

9.

Stock brokerages, mortgage and real estate companies, credit union offices, but not banks and savings and loan institutions;

10.

Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, and other professional and general business offices;

11.

Commercial uses which manufacture their primary product on the premises such as drapery shops, cabinet shops, upholstery shops, and similar uses;

12.

Similar uses subject to the approval of the zoning administrator, provided they are not conditionally approved uses or prohibited by this chapter.

(Ord. 857 § 2, 2008)

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-40 zone.

A.

The following uses shall be conditionally permitted within this subarea:

Hospitals;

Out-patient care facilities;

Community center facilities;

4.

Other uses that the zoning administrator determines, because of the type of operation, materials stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure, provided they are not prohibited by this chapter.

(Ord. 857 § 2, 2008) The following uses are prohibited within the PD-40 zone.

A.

The following uses are prohibited:

1.

Self-storage facilities;

2.

Bowling alleys; 3.

Funeral-service facilities and mortuaries;

Gasoline service stations and/or car washes;

5.

Auto-related services uses (e.g. transmission shops, brake and tune-up shops, auto body repair, tire shops) that typically display or have merchandise outdoors;

6.

All uses with outdoor sales and/or displays, including new and used car, boat or other vehicle sales;

7.

Drive-up or drive-through establishments of any type or use;

Off-sale liquor;

9.

Laundromats.

(Ord. 857 § 2, 2008)

The following regulations shall apply to the PD-40 zone:

A.

Minimum lot area, minimum lot width, and minimum setbacks shall be established by the development plan and related exhibits for PD-40 and/or any subdivision or parcel map approved in conjunction with PD-40. B.

Maximum Building Height.

1.

The maximum height of one-story structures shall not exceed thirty-two feet;

2.

The maximum height of two-story structures shall not exceed thirty-nine feet;

3.

Structures greater than two stories or thirty-nine feet may be permitted subject to variance approval as per Chapter 17.860;

4.

Advertising Signs. All signs shall be subject to Chapter 17.640 and the Sand Creek business center sign program;

5.

Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 or as shown on the development plan and related exhibits within PD-40;

6.

Accessory structures 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 approval;

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 approval;

9.

Manufacturing and Storage Areas. All manufacturing processes shall be within a structure. C.

Other Regulations.

Parking. Off-street parking within PD-40 shall be applied in accordance with Chapter 17.620 dependent on the particular tenant uses for particular buildings or as indicated on the development plan and related exhibits within PD-40.

2.

Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures with exterior surfaces that are compatible with adjacent buildings and that adhere to city standards and specifications.

3.

Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620.

4.

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

5.

Open Storage or Display. Open storage and/or outdoor display of merchandise is prohibited in the PD-40 zoning district.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses developed within subareas A and B shall conform to the performance standards set forth below:

A.

Noise.

1.

At the property line, the maximum sound pressure level radiated by listed uses or facilities shall not exceed the following values:

2.

The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association.

3.

American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z224.3-1944, American Standards Association, Inc., New York, NY, and American Standard Specification for an OctaveBand Filter Set for the Analysis of Noise and Other Sounds, Z224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, NY, shall be used.

B.

Heat, Glare and Humidity.

1.

Any operation producing intense heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines.

2.

Any operation or 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 a 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 which shall cause at any point along the property line of the subject use, earth-borne vibrations which are discernible 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, 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 fifty-five dBA. F.

Solid and Liquid Waste.

1.

No discharge at any point into public sewer, stream or bay or into the ground shall be permitted, except in accord with the 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 they may be transferred off the property by natural causes or forces.

3.

Any wastes which might be attractive to rodents or insects shall be stored 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 disturbance.

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 1955) 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. 857 § 2, 2008)

The design and site development review procedure contained in Chapter 17.820 shall apply to the development of the Sand Creek business center, with an overall architectural theme. Modification to Site Plan. The community development director at his or her discretion may make modifications to approved site plans for PD-40 as long as such modifications are consistent with the architectural theme of the approved design review.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)