Chapter 17.493 — PD-43 (PLANNED DEVELOPMENT FORTY-THREE) ZONE (§ 17.493.001 – §…

The authority, purpose and intent for the adoption of the PD-43 (planned development forty-three) zone are as follows:

A.

Authority. PD-43 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-43 zone is to permit and regulate the development of the proposed Brentwood Community Park located on the northwest corner of Balfour Road and Griffith Lane.

C.

Intent. This PD has been prepared to ensure the orderly development of the proposed community park consistent with the intent of the general plan and city of Brentwood park and recreation master plan. The boundary of the PD-43 zoning district is as shown on the map in Section 17.493.008. (Ord. 857 § 2, 2008)

The following uses are permitted within the PD-43 zone:

A.

Recreational playfields, including, but not limited to, baseball, football, soccer, volleyball and similar field sports, including bleachers;

B.

Swim and aquatic centers, consisting of swimming pools, spas, cabana and shower rooms, deck areas, bleachers and associated equipment maintenance areas;

C.

Sports courts, including but limited to tennis, racquetball, handball and other sports requiring courts; D.

Picnic areas and passive recreation areas including trails and pathways; E.

Active play areas and tot lots, including skateboard facilities;

F.

Retail and food sales areas to provide conveniences to park uses as well as to assist in financially supporting the park, limited to nine thousand square feet of gross floor area. Such uses shall be limited to such convenience and support uses as bakeries and sandwich shops, delicatessens, coffee shops, ice cream and yogurt shops, newsstands, video rental shops, sporting goods stores and similar uses; G.

Restrooms;

H.

Parking areas;

I.

Similar uses to the above, subject to the approval of the zoning administrator. (Ord. 857 § 2, 2008)

The following uses are conditionally permitted within the PD-43 zone:

A.

Retail sales areas with a gross floor area in excess of nine thousand square feet;

B.

Any use not specifically identified in this section or permitted by right under Section 17.494.002 shall require conditional use permit approval by the planning commission.

(Ord. 857 § 2, 2008) The following uses are prohibited within the PD-43 zone:

A.

The sale of alcoholic beverages and tobacco products;

B.

Any adult entertainment establishments and/or merchandise. (Ord. 857 § 2, 2008)

The following development standards shall govern construction within the PD-43 zone area. A.

Minimum lot area: None.

B.

Minimum lot width and depth: One hundred feet.

C.

Public street setback (structures): Minimum twenty feet.

D.

Non-street setback (structures): Minimum thirty feet.

E.

Landscaping width along public street: Minimum ten feet.

F.

Maximum building height: Thirty-five feet.

G.

Other development standards:

1.

Refuse Disposal Enclosures. Refuse disposal enclosures shall be provided and constructed to city standards and specifications.

2.

Illumination of Parking Facilities and Recreation Facilities. Parking facilities shall be illuminated if park hours of operation extend past dusk. If illumination is provided, levels of illumination shall comply with Chapter 17.620. Illumination of play-fields shall either be directed downwards, or lighting fixtures shall be equipped with cut-off lenses to eliminate spillover of light onto adjacent properties.

3.

Parking Lot Design and Development Standards. Parking lots, driveways and other vehicular circulation areas shall comply with design and development standards set forth in Chapter 17.620.

4.

Open Storage or Display. Open storage and/or display of merchandise is prohibited for retail uses within the park, although outdoor seating may be permitted subject to zoning administrator review.

5.

Signs. Signs for retail and food service establishments shall comply with Chapter 17.640 of the Brentwood Municipal Code and be approved by the planning commission.

6.

Screening. All aboveground utility facilities (backflow preventers, HVAC equipment) shall be screened from public view by landscaping or a permanent architectural screen, or both. Rooftop equipment on buildings

shall also be screened from public view by a parapet if not built into roof "wells."

7.

Accessory Structures. Accessory structures, such as pool mechanical equipment, grounds maintenance equipment and similar structures, shall be permitted, although not located in any setback area. Such structures shall also comply with Chapter 17.460 of the Brentwood Municipal Code.

8.

Security Measures. All facilities shall provide security measures in accordance with city standards and shall be subject to design review by the planning commission.

9.

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

Noise. Potential noise impacts on the abutting residential area to the west shall be studied and mitigated, if necessary.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses developed within PD-43 shall conform to the performance standards established below:

A.

Noise.

1.

At the property line, the maximum sound pressure level shall not exceed sixty dBA at adjoining property lines.

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, NY, 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 hazards to adjacent streets or properties.

2.

Any use or operation 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.

Fire, Safety and Explosion. All uses shall provide adequate safety devices against fire, explosion and other hazards adequate for fire fighting and fire suppression equipment in compliance with applicable fire and building codes.

D.

Storage and Use of Hazardous Materials. All pool chemicals, pesticides, herbicides, fertilizers and other potentially hazardous materials shall be used in a manner generally recognized as safe and stored on-site in a

manner that conforms with local hazardous materials safety standards as enforced by the city of Brentwood and the East Diablo Fire District.

E.

Solid and Liquid Waste.

1.

No discharge at any point into a public sewer, stream or bay or into the ground shall be permitted, except in accordance with the standards approved by the State Department of Health, or standards specified in applicable local ordinances for similar uses of any such materials of such similar 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 of the property by natural causes or forces.

3.

Any wastes that might be attractive to rodents or vectors shall be stored outdoors in sealed containers. F.

Electrical and Radioactive Radiation. No activities shall be permitted that emit dangerous radioactivity at any point on the property, or that would create electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. G.

Air Emissions. All uses shall comply with the regulations of the Bay Area Air Quality Management District (BAAQMD) as well as the following:

1.

For the purpose of determining the density of 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.

No emission shall be permitted of odorous gasses or other odorous matter in such quantities as to be readily detectable at the property line of the subject use.

3.

No use shall be permitted that 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 of the Brentwood Municipal Code shall apply to new permanent buildings within the park.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

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