Chapter 17.060 — ZONES AND ZONING MAP(S)

A.

Title. The provisions of this article shall be known as the "zoning map(s)" of this title.

Purpose. The purposes of this chapter are as follows:

To prescribe in map and/or text form the boundaries of zones referred to, established or amended by this title;

To promote precision and consistency in the interpretation of boundaries, and boundaries between each zone.

(Ord. 408, 1987)

The provisions of the zoning map(s) shall apply to all property within the city of Brentwood, dedicated freeways, streets, alleys, paths and to such unincorporated territory adjoining the city of Brentwood as shall be necessary in order to ensure continuity of regulation in the vent of subsequent annexation. (Ord. 408, 1987)

In order to accomplish the purposes herein set forth, the city of Brentwood is divided into the zones set out in the following table, within each of which certain uses of land and buildings are restricted or prohibited, and within which certain combinations of regulations are applied with reference to building site dimensions, yard dimensions and other matters, all as set forth in this title:

A.

Residential zones as follows:

1.

RE (ranchette estate) zone,

2.

R-1-E (single-family residential estate) zone,

3.

R-1 (single-family residential) zone,

4.

R-2 (moderate density multifamily residential) zone, 5.

R-3 (high density multifamily residential) zone; B. Office and commercial zones as follows: 1. CO (administration/professional/ commercial office) zone, 2. COB (commercial office/business) zone, 3. COR (commercial office/residential) zone, 4. CR (commercial/residential) zone, 5.

C-1 (neighborhood commercial) zone,

C-2 (general commercial) zone, 7.

C-3 (thoroughfare commercial) zone; C. Industrial and commercial zones as follows: 1.

IC (industrial/commercial) zones,

PEC (planned employment center) zone;

D.

Agriculture and open space zones as follows:

1.

A-10 (agricultural conservation) zone,

2.

A-20 (intensive agricultural) zone,

3.

AP (agricultural preserve) zone,

4.

OS (open space) zone;

Public and semipublic facility zones as follows:

PF (public facility) zone,

2.

SPF (semipublic facility) zone.

(Ord. 408, 1987)

The zoning map(s) shall consist of the zoning map or maps of the city of Brentwood which show the zones being parts of this title under the provisions of this title. Such map(s) and all data shown thereon are adopted and made a part of this title as subsections A through M of this section. Such map or maps, properly attested, shall be and shall remain on file in the office of the city clerk.

(Ord. 408, 1987)

Boundaries and descriptions of the zones referred to in this title shall be shown on the zoning map(s), including all subsequent changes and additions thereto.

(Ord. 408, 1987)

Generally the maps shall govern the location of zoning boundaries; however, if uncertainty exists the following rules shall govern the city's interpretation.

A.

When Written Description Exists. Whenever the location of the boundary or other feature appearing on a map included in the zoning maps is indicated in a legal description or other written statement on file with the city, the location shall be interpreted precisely as described in such statement.

When Location Approximates Lot Line or Other Line. Whenever no applicable legal description or other written statement exists, and the location of the boundary or other feature included in the zoning maps approximates an edge or centerline, as the case may be, of a street, alley, path, right-of-way or city boundary which was in existence when the boundary or other feature was established, the location of the boundary or other feature shall be interpreted to follow such edge or centerline. Whenever the location of such boundary or other feature approximates a predominant alignment within the block of lot lines or lines bounding parcels shown on a recorded subdivision plat or record of survey, which lot lines or parcel lines were in existence when such boundary or other feature was established, it shall be interpreted to follow such predominant alignment; provided, that such alignment is not more than thirty feet as measured perpendicularly at any point, from the apparent location which may be determined by using the scale on the map. C.

When Subsections A and B are Inoperative. Whenever the situations described in subsections A and B of this section are not applicable, the location of the boundary or other feature included in the zoning map shall be determined through use of the scale on the map. Should any further uncertainty exist, the location shall be interpreted by the planning officer. Such interpretation shall be subject to appeal pursuant to the administrative appeal procedure of Chapter 17.880.

D.

Lots Divided by Zone Boundaries. Whenever it is found, after applying the rules set forth in this section, that a lot is divided by a boundary between zones, the planning commission shall determine which regulations shall apply to such lots. The actual location of the zone boundary itself shall not be deemed to be changed by the commission's determination.

(Ord. 408, 1987)

Land which has been or is hereafter included in the vacation or disposal of any street, alley, path or any unzoned public property which has been or is hereafter annexed to the city of Brentwood, shall in the absence of rezoning action to the contrary, be deemed to be included in the same zone as the lots which it abuts. In case opposite sides of such lands are in different zones, the boundary between such zones shall be deemed to be the center of the land.

(Ord. 408, 1987)

Prior to the annexation to the city of any property and pursuant to Chapter 17.870, the sponsor of any annexations shall file an application for prezoning of the property to be annexed and the city shall establish the zoning which will be in effect on the effective date of the annexation. Such zoning shall be in conformance with the city's general plan.

(Ord. 408, 1987)

Chapter 17.100 RESIDENTIAL ZONES—GENERAL REGULATIONS (§ 17.100.001 – § 17.100.008)

A.

Title. The provisions of this article shall be known as the "residential zoning regulations" of this title.

B.

Purpose. The purposes of the residential zones and the regulations applying to these zones are as follows: 1.

To provide appropriately located areas for a variety of residential neighborhoods to meet the housing needs of the Brentwood community;

2.

To provide for a range of housing types and housing alternatives for all economic segments of the community;

3.

To encourage the provision of attractive and stimulating surroundings that will make Brentwood's residential areas enjoyable places to live;

4.

To protect residential areas from the intrusion of incompatible uses or activities which may impair the livability of a neighborhood.

(Ord. 408, 1987)

The provisions of this chapter shall apply to the RE, R-1-E, R-1, R-2 and R-3 zones unless expressly provided otherwise, and are supplementary to the residential zoning regulations of this title. (Ord. 408, 1987)

A.

Design and site development review shall be required pursuant to Chapter 17.820 for each new housing unit, including a single-family dwelling, duplex, triplex, townhouse, multiple residential dwelling or mobile home.

B.

The city council may, through resolution, delegate to the planning department, design and site development review for certain types or categories of residential projects.

C.

Prior to the granting of design and site development review by the planning department, written notification of the pending application shall be given to the planning commission. If any member of the planning commission requests, within five days of receipt of the notification, that a pending application be considered by the commission, such application shall be scheduled at the next regularly scheduled meeting. (Ord. 408, 1987; Ord. 469 § 2, 1990)

A.

All housing units shall have a minimum overall width and depth of twenty feet.

B.

Exterior building material shall be of the type customarily used on conventional housing and shall be compatible with the existing homes in the immediate neighborhood. Recommended siding material includes all types of board; plywood a minimum of one-half inch thick class 303 or 303-6 only with approved stain or paint application, and the use of hot dipped galvanized nails only; stucco; brick, stone, cultured stone; shake or shingle which has been pressure treated at the mill.

C.

The architectural style of the structure shall be complimentary to and compatible with the architectural style of the existing homes in the immediate neighborhood. D.

All siding material shall extend to a maximum of ten inches from the finish grade of the lot.

E.

All roofing material shall be of the type customarily used on conventional housing and shall be compatible with the existing homes in the immediate neighborhood. Recommended roofing material includes all types of tile; composition which is a thick butt architectural; and cedar shake or shingle which has been pressure treated at the mill.

F.

All roofs shall have a minimum twelve-inch eave overhang and shall have a pitch of not less than a four-inch vertical rise for each twelve-inch horizontal run.

G.

All materials shall be installed in accordance with the Uniform Building Code (UBC) and manufacturer's specifications.

H.

All housing units shall have an enclosed two-car garage having an inside clear width of eighteen feet and depth of twenty feet. Garages shall be constructed with material identical to or compatible with the external material of the housing unit. Garage doors shall have a minimum width of sixteen feet except where two doors are provided, in which case the doors shall have a minimum width of eight feet. A garage facing a

street shall be set back not less than twenty feet measured from the property line to the center of the garage door.

I.

The floor elevation of the housing unit shall be a maximum of twenty-four inches above the finish grade of the lot or be compatible with the immediate neighborhood.

J.

All housing units shall comply with the minimum setback standards established for the single-family residential zone in which the unit is located.

K.

Front yards and unfenced side yards adjacent to a street shall be landscaped in conformance with the standards set forth in Sections 17.630.008(H) through (N). Landscaping shall be installed within eighteen months of occupancy of that housing unit.

(Ord. 408, 1987)

Editor's Note: Section 17.100.005, Accessory dwelling units, consisting of Ord. 769, Ord. 991, Ord. 1021, Ord. 1030, Ord. 1033, and Ord. 1052, was repealed by Ord. 1083, 2/25/2025. See now Chapter 17.715. Any residential zone proposed shall have a minimum size as follows:

Rezone: twenty acres; B.

R-1-E zone: ten acres; C.

R-1 zone: five acres;

R-2 zone: two acres;

R-3 zone: one acre. (Ord. 408, 1987) See Section 17.610.014. (Ord. 408, 1987)

Density bonuses or other incentives for housing shall be permitted in any R zone district pursuant to Chapter 17.720.

(Ord. 408, 1987; Ord. 448 § 3, 1989)

Chapter 17.110 RE (RANCHETTE ESTATE) ZONE (§ 17.110.001 – § 17.110.005)

The purpose of the RE (ranchette estate) zone is to provide semirural residential areas to serve as a buffer or transition between higher density urban residential development and productive agricultural uses or adjacent urban communities. The RE zone provides areas where single-family residences and facilities for limited numbers of livestock and small farming operations may be located.

(Ord. 408, 1987)

The following uses are permitted within the RE zone:

One single-family dwelling per parcel including manufactured homes;

B.

Rooming and boarding subject to Section 17.650.003;

C.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

D.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

E.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

F.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

G.

Agriculture, animal husbandry and limited animal husbandry subject to Chapter 17.670;

The keeping of domestic animals or pets subject to Chapter 17.670;

I.

Signs subject to Chapter 17.640;

J.

ADUs subject to Chapter 17.715;

K.

JADUs subject to Chapter 17.715;

L.

Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.

(Ord. 408, 1987; Ord. 560 § 4, 1995; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

(Reserved);

B.

Public facilities including parks, playgrounds, public schools and other public buildings;

C.

Churches and religious institutions and parochial or private schools;

D.

Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project;

E.

Mobile home parks provided density does not exceed that specified in the general plan for the property on which the mobile home park is proposed and subject to the provisions of Chapter 17.710; F.

Dog fancier's license in accordance with the provisions of Section 17.670.009.

(Ord. 408, 1987; Ord. 507 § 2, 1992; Ord. 560 § 4, 1995; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025)

The following regulations shall apply to the RE zone:

A.

Minimum lot area: one acre;

Minimum lot width: one hundred forty feet except as provided in subsection F1 of this section;

Minimum front yard: twenty feet; D. Minimum side yards: twenty feet except as provided in subsection F2 of this section;

Minimum rear yard: forty feet; F.

Exceptions.

1.

Cul-de-sac lots shall have a width of not less than one hundred forty feet measured thirty feet from the front property line and not less than sixty-foot width at the front property lines;

Corner lots shall maintain a side yard on the street side of twenty-five feet; G.

Maximum Building Height Limit. No accessory or main building shall exceed a height of two stories and thirty-five feet.

(Ord. 408, 1987) A.

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

B.

Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H. C.

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

D.

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

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660. (Ord. 408, 1987)

Chapter 17.120 R-1-E (SINGLE-FAMILY RESIDENTIAL ESTATE) ZONE (§ 17.120.001 – § 17.120.005)

The purpose of the R-1-E (single-family residential estate) zone is to provide for large single-family residential parcels in an identifiable, suburban residential neighborhood. The R-1-E zone provides areas where singlefamily residences and common facilities for large livestock may be located if planned and provided for within the design of the subdivision and approved by the city. (Ord. 408, 1987)

The following uses are permitted in the R-1-E zone:

A.

Those uses which are permitted uses within the RE (ranchette estate) zone except animal husbandry and limited animal husbandry;

B.

Single-family dwelling units not exceeding a density of two dwelling units per gross acre;

C.

ADUs subject to Chapter 17.715;

D.

JADUs subject to Chapter 17.715.

(Ord. 408, 1987; Ord. 1083, 2/25/2025)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

Those conditionally permitted uses within the RE (ranchette estate) zone;

B.

Residential projects with a density exceeding two dwelling units per gross acre, however, no project shall exceed the maximum density of three dwelling units per gross acre;

C.

Limited animal husbandry, if planned and provided for within the design of the subdivision. If parcels are less than one acre in size the livestock shall be housed in a common area.

(Ord. 408, 1987)

The following regulations shall apply to the R-1-E zone:

A.

Minimum lot area for permitted uses: fourteen thousand five hundred square feet; minimum lot area for conditionally permitted uses: ten thousand square feet;

Minimum lot width: one hundred feet except as provided in subsection F2 of this section;

Minimum front yard: twenty feet;

D.

Minimum side yards: ten feet, the sum of both sides: 25 feet, except as provided in subsection F3 of this section;

E.

Minimum rear yard: thirty feet;

F.

Exceptions.

1.

Any subdivision approved after the effective date of the ordinance codified in this title shall have a one acre maximum lot size and shall have an average lot size of one-half acre,

2.

Cul-de-sac lots shall have a width of not less than one hundred feet measured thirty feet from the front property line and no less than forty-foot width at the front property line,

Corner lots shall maintain a side yard on the street side of fifteen feet;

G.

Maximum Building Height. No main building shall exceed the height of two stories and thirty feet and accessory buildings shall not exceed one story and fifteen feet except that barns, utilized within those subdivisions designed for large livestock may be constructed to a height of thirty-five feet if approved in accordance with the conditional use permit procedures.

(Ord. 408, 1987; Ord. 500 § 2, 1991)

A.

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

B.

Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H. C.

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

D.

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

E.

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660. (Ord. 408, 1987)

Chapter 17.130 R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE (§ 17.130.001 – § 17.130.005)

The purpose of the R-1 (single-family residential) zone is to provide areas for three-and-one-half dwelling units per gross acre and areas of different lot sizes through the use of the R-1-6, R-1-8, R-1-10 and R-1-12 subzones and the specific regulations for each subzone as specified in this chapter.

(Ord. 408, 1987)

The following uses are permitted in the R-1 zone:

A.

Those uses which are permitted uses within the R-1-E (single-family residential estate) zone;

B.

Single-family dwelling units not exceeding a density of three-and-one-half dwelling units per gross acre; C.

ADUs subject to Chapter 17.715;

D.

JADUs subject to Chapter 17.715.

(Ord. 408, 1987; Ord. 1083, 2/25/2025)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

Those conditionally permitted uses within the R-1-E (ranchette estate) zone;

B.

Residential projects with a density exceeding three-and-one-half dwelling units per gross acre, however, no project shall exceed the maximum density of six dwelling units per gross acre;

C.

Subdivisions having a reduced lot size, patio houses, row houses, apartments and similar housing developments provided as follows:

1.

The entire parcel or a group of parcels are master planned,

2.

Any increases in density are offset by lessor densities or greater lot sizes within the development or through the provision of permanent open space so that the overall density is within the range of 1.1 to six dwelling units per gross acre.

(Ord. 408, 1987) The following regulations shall apply to the R-1 zone and subzones: A.

Minimum lot area: for each subzone as follows:

1.

R-1-6 zone: six thousand square feet,

2.

R-l-8 zone: eight thousand square feet,

3.

R-1-10 zone: ten thousand square feet,

4.

R-1-12 zone: twelve thousand square feet;

B.

Minimum lot width: for each subzone as follows except as provided for in H-1:

R-1-6 zone: sixty feet,

2.

R-1-8 zone: seventy feet,

3.

R-1-10 zone: eighty feet,

4.

R-1-12 zone: ninety feet; C. Maximum lot depth: one hundred fifty feet;

D.

Minimum front yard: twenty feet;

E.

Minimum lot frontage: one-half the required lot width;

F.

Minimum side yards: for each subzone as follows except as provided for in H-2 and H-3:

1.

R-1-6 zone: minimum—five feet, sum of both sides—fifteen feet,

2.

R-1-8 zone: minimum—seven feet, sum of both sides—twenty feet,

R-1-10 zone: minimum—nine feet, sum of both sides—twenty-five feet,

R-1-12 zone: minimum—twelve feet, sum of both sides—thirty feet;

G.

Minimum rear yard: twenty feet;

H.

Exceptions.

1.

The lot width for lots on culs-de-sac, curvilinear streets, etc. shall be measured thirty feet from the front property line,

2.

Lots having no direct vehicular access to the rear yard from a public street or alley shall provide such by maintaining a side yard having a width with unobstructed vertical and horizontal clearance of ten feet,

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

I.

Maximum Building Height Limit. No main building shall exceed the height of two stories and thirty feet. (Ord. 408, 1987)

A.

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

B.

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

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

D.

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

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660. (Ord. 408, 1987)

Chapter 17.140 R-2 (MODERATE DENSITY MULTIFAMILY RESIDENTIAL) ZONE (§ 17.140.001 – § 17.140.007)

The purpose of the R-2 (moderate density multifamily residential) zone is to encourage the development of more affordable and innovative housing primarily for duplexes, triplexes, townhouses and single-family attached or detached homes on smaller lots.

(Ord. 408, 1987)

The following uses are permitted within the R-2 zone:

A.

Single-family dwellings including manufactured homes; B.

Rooming and boarding subject to Section 17.650.003;

Duplex, triplex, apartments and other small multifamily structures; townhouses and single-family attached homes; all not exceeding a density of nine dwellings per gross acre;

D.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

E.

Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Section 17.850;

F.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

Residential care facilities, regardless of size and occupancy. Residential care facilities shall be subject only to the same requirements as other residential uses within the same zone;

Agriculture, animal husbandry and limited animal husbandry subject to Chapter 17.670;

The keeping of domestic animals or pets subject to Chapter 17.670;

Signs subject to Chapter 17.640;

ADUs subject to Chapter 17.715;

L.

Supportive housing pursuant to Government Code Section 65651. Subject only to the same standards as other multifamily uses within the same zone;

M.

(Ord. 408, 1987; Ord. 560 § 4,1995; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

Public facilities including parks, playgrounds, public schools and other public buildings; B.

Churches and religious institutions and parochial or private schools; C.

D.

Residential projects with a density exceeding nine dwelling units per gross acre, however, no project shall exceed the minimum density of twelve dwelling units per gross acre;

E.

Mobile home parks provided the density does not exceed that specified in the general plan for the property on which the mobile home park is proposed and subject to the provisions of Chapter 17.710;

Dog fancier's license in accordance with the provisions of Section 17.670.009. (Ord. 408, 1987; Ord. 507 § 3, 1992; Ord. 560 § 4, 1995; Ord. 1084, 3/11/2025) The following regulations shall apply to the building of apartments in the R-2 zone:

A. Minimum lot area: six thousand square feet; B. Minimum lot width: fifty feet; C. Minimum front yard: fifteen feet; D. Minimum side yards: five feet, sum of both sides; fifteen feet; E. Minimum rear yard: twenty feet;

F.

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

Maximum Allowable Density.

1.

The minimum net lot area per dwelling unit shall be two thousand five hundred square feet for those lots having a net area of twelve thousand square feet or less,

2.

The minimum net lot area per dwelling unit shall be three thousand square feet for those lots having a net area of twelve thousand to thirty thousand square feet,

3.

The maximum density for lots greater than thirty thousand one square feet shall be nine dwellings per gross acre,

4.

Greater densities, not to exceed twelve dwellings per gross acre, may be approved subject to a conditional use permit and based upon how well the project conforms to the policies and standards of the city. (Ord. 408, 1987)

The following regulations shall apply to the building of attached or detached single-family dwellings in the R-2 zone:

A.

Minimum lot area: three thousand seven hundred fifty square feet;

B.

Average lot area per subdivision: four thousand square feet;

C.

Minimum lot width: thirty-seven-and-one-half feet; D. Average lot width per subdivision: forty feet;

E.

Minimum front yard: twenty feet; F.

Minimum side yard: zero feet, total of the side yards must be twelve feet;

Minimum rear yard: twenty feet;

H.

Minimum street frontage, cul-de-sac lots: twenty-five feet;

I.

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

(Ord. 408, 1987)

The following regulations shall apply to the building of apartments and attached single-family dwellings in the R-2 zone;

A.

Allowable Dwellings Per Building. The maximum number of dwelling units within an individual building shall not exceed six.

B.

Maximum Lot Coverage. The main building and all accessory buildings shall not cover more than forty percent of the lot area.

C.

Maximum building height limit:

1.

Main building: two stories not to exceed thirty feet; 2. Accessory building: one story not to exceed fifteen feet. (Ord. 408, 1987)

A.

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

B.

Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H. C.

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

D.

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

E.

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

Usable Open Space. Residential projects shall provide and maintain private and shared open space as follows:

1.

A minimum of six hundred square feet of usable open space shall be provided for each dwelling unit on a lot. 2.

A minimum of seventy-five percent of the dwelling units on a lot shall be provided with private usable open space as follows:

a.

Private usable open space shall be directly accessible from the unit served and available only to that unit. b.

Ground level private usable open space shall have a minimum area of one hundred square feet and a minimum dimension of eight feet, furthermore, no more than fifty percent of that area may be covered by a roof or second story balcony or deck.

c.

Aboveground level private usable open space shall have a minimum area of sixty square feet and a minimum dimension of six feet. Furthermore, no more than fifty percent of that area may be covered by a roof, balcony or deck.

3.

Shared usable open space shall be available and accessible to all occupants of the residential project for purposes of active and/or passive outdoor recreation, exclusive of driveways, areas for off-street parking and services, and exclusive of the required front yard setback. All shared usable open space shall be at ground level and shall have a minimum dimension of twelve feet and shall not be covered by any roof, balcony or other such covering.

(Ord. 408, 1987)

Chapter 17.150 R-3 (HIGH DENSITY MULTIFAMILY RESIDENTIAL) ZONE (§ 17.150.001 – § 17.150.005)

The purpose of the R-3 (high density multifamily residential) zone is to provide appropriate areas for apartments or condominiums in close proximity to the central business district. (Ord. 408, 1987)

The following uses are permitted within the R-3 zone:

Those uses which are permitted uses within the R-2 (moderate density multifamily residential) zone; B.

Apartments, condominiums, townhouses and attached single-family homes; C.

Duplex, triplex, townhouses, apartments and other multifamily structures not exceeding a density of sixteen dwelling units per gross acre;

D.

ADUs subject to Chapter 17.715.

(Ord. 408, 1987; Ord. 1083, 2/25/2025)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

Those conditionally permitted uses within the R-2 (moderate density multifamily residential) zone;

B.

Residential projects with a density exceeding sixteen dwelling units per gross acre, however, no project shall exceed the maximum density of twenty dwelling units per gross acre.

(Ord. 408, 1987)

The following regulations shall apply to the R-3 zone:

A.

Minimum lot area: six thousand square feet;

Minimum lot width: seventy-five feet;

C.

Minimum front yard: ten feet;

D.

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

E.

Minimum rear yard: twenty feet;

F.

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

G.

Maximum Allowable Density.

1.

The minimum net lot area per dwelling unit shall be one thousand five hundred square feet for those lots having a net area of twelve thousand square feet or less,

2.

The minimum net lot area per dwelling unit shall be two thousand square feet for those lots having a net area of twelve thousand to thirty thousand square feet,

3.

The maximum density for lots greater than thirty thousand square feet shall be sixteen dwelling units per gross acre,

4.

Greater densities, not to exceed twenty dwelling units per gross acre, may be approved subject to a conditional use permit and based upon how well the project conforms to the policies and standards of the city;

H.

Maximum Lot Coverage. The main building and all accessory buildings shall not cover more than forty percent of the lot area;

I.

Maximum building height limit: three stories not to exceed thirty-six feet.

(Ord. 408, 1987)

A.

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

B.

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

C.

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

D.

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

E.

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

Usable Open Space. Residential projects shall provide and maintain private and shared open space as follows:

A minimum of five hundred square feet of usable open space shall be provided for each dwelling unit on a lot.

2.

A minimum of seventy-five percent of the dwelling units on a lot shall be provided with private usable open space as follows:

a.

Private usable open space shall be directly accessible from the unit served and available only to that unit.

b.

c.

Aboveground level private usable open space shall have a minimum area of sixty square feet and a minimum dimension of six feet, furthermore, no more than fifty percent of that area may be covered by a roof, balcony or deck.

3. a.

A minimum of seventy-five percent of the shared usable open space shall be at ground level, the remainder may be located above ground on a balcony or roof deck.

b.

Ground level shared usable open space shall have a minimum dimension of twelve feet and shall not be covered by any roof, balcony or other such covering.

c.

Aboveground level shared usable open space shall have a minimum dimension of ten feet and minimum area of two hundred square feet, which shall be unobstructed and shall not serve as access to any residential unit. A maximum of twenty-five percent of the aboveground level shared open space may be covered. (Ord. 408, 1987)

Chapter 17.200 OFFICE AND COMMERCIAL ZONES—GENERAL REGULATIONS (§ 17.200.001 – § 17.200.006)

A.

Title. The provisions of this article shall be known as the "office and commercial zoning regulations" of this title.

B.

Purpose. The purpose of office and commercial zones and the regulations applying to these zones include the following:

1.

To provide appropriately located areas for professional offices, retail stores, service establishments, amusement establishments and other such offices and businesses offering various ranges of commodities and services to meet the needs of the Brentwood community;

To encourage the provision of attractive and stimulating surroundings that make Brentwood's office and retail areas enjoyable places in which to shop, work, walk and relax;

3.

To provide opportunities for retail establishments and offices to cluster for the convenience of the public and for efficient business operation in mutually beneficial relationships to each other;

4.

To protect retail areas from the intrusion of incompatible activities which might impair an area's appearance or functioning as a retail shopping area;

5.

To protect retail properties, shoppers and other uses of retail areas from noise, vibration, smoke, odor, dust, dirt, heat, glare and heavy truck traffic, and from fire, explosion and other hazards;

6.

To promote the differentiation and specialization among various types of shopping areas in order to promote the goals and purposes of the commercial element of the Brentwood general plan.

(Ord. 408, 1987)

These regulations shall apply to the CO, COB, COR, CR, C-1, C-2 and C-3 zones unless expressly provided otherwise, and are supplementary to the office and commercial zoning regulations of this title. (Ord. 408, 1987)

The following development standards are applicable to the office and commercial zones unless expressly provided for otherwise within the regulations of each individual zone:

A.

Zone Wall. Whenever a commercial zone abuts a residential zone or other noncommercial zone a masonry zone wall shall be constructed on the common property line separating the two zones in accordance with the following:

1.

The wall shall have a minimum height of six feet except the maximum height in a required street frontage yard shall not exceed forty-two inches.

2.

The height of the zone wall shall be measured from the average finish grade; if there is a difference in elevation to finish grade on each side of the wall, the height shall be measured from the top of a retaining wall or the higher of the two finish grades whichever is greater.

3.

If the zone wall exceeds six feet in height, either berms or landscaping, and variations in setback shall be required, subject to design review.

4.

If the commercial zone is separated from the residential zone by a public alleyway, the zone wall may be eliminated subject to design review approval.

B.

Refuse Disposal Enclosure. All commercial facilities shall provide masonry refuse disposal enclosures to city standards and specifications.

C.

Off-street Parking and Loading Facilities. All commercial facilities shall provide off-street parking and loading facilities in accordance with Chapter 17.620.

D.

Illumination of Parking Facilities and Structures. All commercial facilities shall provide adequate lighting or illumination of parking facilities and structures in accordance with Chapter 17.620.

E.

Open Storage or Display. Open storage and/or outdoor display of merchandise is prohibited in the commercial zones unless expressly provided for in an individual zone.

F.

Advertising Signs. All signs are subject to the regulations of Chapter 17.640 and subject to design review.

G.

Landscaping and Screening. All commercial facilities shall provide landscaping and screening in accordance with Chapter 17.630 of this title which is subject to design review.

H.

Yards. All required yards shall be utilized for landscaping only, except for access drives to the property.

I.

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

J.

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

K.

Design and Site Development Review. All commercial facilities shall comply with Chapter 17.820.

L.

Building and Roofing Materials. All commercial facilities should utilize those materials which have been recommended as acceptable material, subject to design review, and maintained on file within the planning department of the city of Brentwood.

(Ord. 408, 1987)

The following performance standards are applicable to the office and commercial zones unless expressly provided for otherwise within the regulations of each individual zone:

A.

Noise.

1.

At the property line, the maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in Table 1 of this section, after applying the corrections shown in Table 2 of this section.

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, Z224.3-1994, 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.

TABLE 1
Frequency Ranges Containing Standard Octave Bands in Cycles per Second	Octave Band Sound Pressure Level in Decibels re 0.0002 dyne/cm2
20—300	60
300—2400	40
Above 2,400	35

If the noise is not smooth and continuous and is not radiated between the hours of ten p.m. and seven a.m., one or more of the corrections in Table 2 of this section shall be applied to the octave band levels given in Table 1 of this section.

TABLE 2
Type or Location of Operation or Character of Noise	Correction in Decibels
Daytime operation only	5
Noise source operated less than:
20% of any one-hour period or	5
5% of any one-hour period	10
Noise of impulsive character, hammering, etc.	-5
Noise of periodic character, hum, screech, etc.	-5

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.

illumination in excess of one-half 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 a cross 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 time and 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 and adequate firefighting and fire-suppression equipment in compliance with applicable fire

prevention and building codes.

E.

Soundproofing. Minimum soundproofing shall be required in buildings affected by noise generated by major thoroughfares, state highways, the railroad and other major generators of noise.

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 outdoors only in closed containers.

G.

Electrical and Radioactive Radiation. No activities shall be permitted which emit dangerous radio activity at any point, or electrical disturbance 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 the damage to animals, vegetation or other property or which can cause soiling at any point beyond the boundaries of the site.

(Ord. 408, 1987)

Any office and commercial zone proposed shall have a minimum size as follows:

A.

CO zone: five acres;

B.

COB zone: one acre;

C.

COR zone: one-half acre;

CR zone: five acres;

C-1 zone: five acres;

C-2 zone: ten acres;

C-3 zone: two acres.

(Ord. 408, 1987) See Section 17.610.014. (Ord. 408, 1987)

Chapter 17.210 CO (ADMINISTRATIVE/PROFESSIONAL COMMERCIAL OFFICE) ZONE (§ 17.210.001 – § 17.210.005)

The CO (administrative/professional commercial office) zone is predominantly an office zone for tenants with a professional, institutional, general commercial, or medical orientation.

Limited nonoffice uses may be permitted by a conditional use permit if the use is clearly incidental to and supportive of the primary uses.

(Ord. 408, 1987)

The following administrative and professional office uses are permitted in the CO zone:

A.

Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, real estate, medical, dental, optical and other professional and general business offices;

Financial institutions;

C.

Addressing and mailing service, blueprinting and photostating service (other than a printer or lithographer), drafting service, messenger service, stenographic service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices;

D.

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

E.

Similar uses subject to the approval of the zoning administrator. (Ord. 408, 1987; Ord. 468 § 4, 1990; Ord. 728, 2002)

The following uses are permitted only on the granting of 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 medical or dental laboratory, outpatient care facility, convalescent hospitals, business and technical schools;

Health club, reducing studio, recreational club and similar uses;

C.

Funeral services, mortuary, crematorium, drug store or pharmacy associated with medical uses, drive-in or drive-through use related to a permitted use in the zone (subject to Chapter 17.655);

D.

Café or delicatessen intended to primarily serve employees, clients or visitors of the office district;

E.

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

(Ord. 408, 1987; Ord. 468 § 5, 1990; Ord. 728, 2002; Ord. 878 § 2, 2010; Ord. 1089, 10/14/2025) The following regulations shall apply to the CO zone:

A.

Minimum lot area: ten thousand square feet;

B.

Minimum lot width: one hundred feet;

C.

Minimum street frontage yard: ten feet except where there is a residentially zoned parcel within the same block, the minimum setback shall be seventy-five percent of the minimum setback for the residential zone, but not less than ten feet;

D.

Minimum nonstreet frontage yards: ten feet except where residentially zoned property is abutting the CO zone the minimum setback shall be twenty feet. If a public alleyway is separating the two zones, the width of the alleyway may be included as part of the minimum setback, however, in no case shall the setback be less than ten feet;

E.

Maximum Building Height.

1.

If the CO zone abuts any residential zone, the maximum height of the structure shall be one story not to exceed twenty feet,

2.

A two-story structure, not exceeding thirty feet may be permitted abutting a residential zone subject to conditional use permit approval,

3.

If the CO zone does not abut a residential zone, the maximum height shall be two stories not to exceed thirty feet,

4.

Structures greater than two stories or thirty feet and not abutting a residential zone may be permitted subject to conditional use permit approval.

(Ord. 408, 1987)

A.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620.

B.

Development Standards. The uses within the CO zone shall comply with Section 17.200.003. C.

Performance Standards. The uses within the CO zone shall comply with Section 17.200.004. (Ord. 408, 1987)

Chapter 17.220 COB (COMMERCIAL OFFICE/BUSINESS) ZONE (§ 17.220.001 – § 17.220.005)

The COB (commercial office/business) zone is a mixed use zone permitting a limited amount of retail or personal service uses not normally allowed in professional/administrative office zones. This zone is intended to allow ground floor commercial with upper floor offices in the downtown or to allow small scale commercial to serve workers in major office complexes.

(Ord. 408, 1987)

The following office and commercial uses are permitted in the COB zone:

A.

Those permitted uses within the CO zone (Section 17.210.002);

B.

Commercial uses or services such as beauty shop, barber shop, photo studio, convenience retail uses or services such as a bakery, pastry shop, book store, candy or ice cream store, stationery store, drug store or pharmacy, shoe store and shoe repair, apparel and accessory store, and similar small shops or boutiques; C.

Similar uses subject to the approval of the zoning administrator.

(Ord. 408, 1987)

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

Funeral services, mortuary, crematorium, medical or dental laboratory, outpatient care facility, health club, reducing studio, recreational club or similar uses;

B.

Restaurant, on-sale or off-sale liquor, laundromat, laundry or dry cleaning facility, drive-in or drive-through establishment associated with a permitted use in the zone (subject to Chapter 17.655); C.

Churches as temporary uses to be located in existing buildings;

(Ord. 408, 1987; Ord. 468 § 6, 1990; Ord. 515, 1992; Ord. 728, 2002; Ord. 878 § 3, 2010; Ord. 1089, 10/14/2025)

The following regulations shall apply to the COB zone:

Minimum lot area: ten thousand square feet; B. Minimum street frontage yard: five feet;

C.

Minimum nonstreet frontage yard: none; D.

Maximum Building Height. 1.

The maximum building height shall be three stories not to exceed forty feet,

Structures greater than three stories or forty feet may be permitted subject to conditional use permit approval.

(Ord. 408, 1987)

A.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620.

B.

Development Standards. The uses within the COB zone shall comply with Section 17.200.003. C.

Performance Standards. The uses within the COB zone shall comply with Section 17.200.004. (Ord. 408, 1987)

Chapter 17.230 COR (COMMERCIAL OFFICE RESIDENTIAL) ZONE (§ 17.230.001 – § 17.230.005)

The COR (commercial office residential) zone is a mixed use zone allowing administrative and professional offices in conjunction with residential uses. This mix of uses may be separate buildings on one site or separate areas in a building (such as ground floor professional/administrative offices with apartments above). The primary use of the site shall be devoted to office usage and residential densities may be within any of the residential density ranges of the general plan land use element.

(Ord. 408, 1987)

The following uses are permitted in the COR zone: A.

Those uses are permitted in the CO (commercial office) zone (Section 17.210.002);

B.

Similar uses subject to the approval of the zoning administrator; C.

ADUs subject to Chapter 17.715;

D.

Low-barrier navigation housing pursuant to Government Code Section 65650. Subject only to the same standards as other multifamily uses within the same zone and subject only to the same ministerial review process as emergency shelters, see Chapter 17.770;

E.

Supportive housing pursuant to Government Code Section 65651. Subject only to the same standards as other multifamily uses within the same zone.

(Ord. 408, 1987; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025)

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830: A.

Those uses identified as conditionally permitted uses in the CO (commercial office) zone (Section 17.210.003);

B.

Churches, temples, synagogues and care facilities; C.

Residential uses on up to forty-nine percent of the land area or up to forty-nine percent of the building area and within any of the residential density ranges of the general plan land use element provided the entire parcel or a group of parcels are master planned;

D.

(Ord. 408, 1987; Ord. 878 § 4, 2010) The following regulations shall apply to the COR zone:

A.

Minimum lot area: seven thousand five hundred square feet;

B.

Minimum lot width: fifty feet;

C.

D.

Minimum nonstreet frontage yard: ten feet except where residentially zoned property is abutting the COR zone the minimum setback shall be twenty feet;

E.

Maximum Building Height.

1.

If the COR zone abuts any residential zone, the maximum height of the commercial office floors shall be one story not to exceed twenty feet or two stories not to exceed thirty feet if the second floor is exclusively a residential floor,

2.

A two-story structure, not exceeding thirty feet may be approved abutting a residential zone subject to conditional use permit approval,

3.

If the COR zone does not abut a residential zone, the maximum permitted height shall be two stories not to exceed thirty feet,

4.

A three-story structure not exceeding forty feet and not abutting a residential zone may be approved subject to conditional use permit approval.

(Ord. 408, 1987)

A.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620.

B.

Development Standards. The commercial office uses within the COR zone shall comply with Section 17.200.003, except when a mixed-use residential/office development is approved, a zone wall separating the uses within the development need not be required.

Performance Standards. The commercial office uses within the COR zone shall comply with Section 17.200.004.

Motion Picture Theaters. Until the downtown specific plan, now in preparation, is adopted, new motion picture theaters will not be permitted in any zone in the city. With adoption of the plan, the city council will determine the most appropriate location(s) for such theaters.

(Ord. 408, 1987; Ord. 772 § 3, 2004)

Chapter 17.240 CR (COMMERCIAL RESIDENTIAL) ZONE (§ 17.240.001 – § 17.240.005)

The CR (commercial residential) zone is a mixed-use zone allowing commercial as the primary use and residential as a permitted, optional secondary use. This mix of uses may be separate buildings on one site or separate areas in a building (such as appropriate ground floor shops and offices with apartments above). Densities may be within any of the residential density ranges of the general plan land use element. (Ord. 408, 1987)

The following uses are permitted in the CR zone:

A.

Commercial uses or services such as beauty shop, barber shop, shoe repair, laundromat, convenience retail uses such as café, bakery, pastry shop, book store, candy or ice cream store, apparel and accessory store, stationery store, drug store or pharmacy, food store and similar establishments; B.

Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, real estate and similar professional and general business offices;

Financial institution;

D.

Similar uses subject to the approval of the zoning administrator;

E.

ADUs subject to Chapter 17.715;

F.

G.

Supportive housing pursuant to Government Code Section 65651. Subject only to the same standards as other multifamily uses within the same zone.

(Ord. 408, 1987; Ord. 468 § 7, 1990; Ord. 728, 2002; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025)

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830: A.

Medical or dental laboratories, medical or dental office or clinic, funeral services and crematorium; B.

Liquor establishments, health club, reducing studio, recreational club, drive-in or drive-through establishments related to a permitted use (subject to Chapter 17.655);

D.

(Ord. 408, 1987; Ord. 468 § 8, 1990; Ord. 728, 2002; Ord. 878 § 5, 2010; Ord. 1089, 10/14/2025) The following regulations shall apply to the CR zone:

A.

Minimum lot area: one acre except that a master planned project may be subdivided into parcels having a minimum lot area of ten thousand square feet;

B.

Minimum street front yard: ten feet;

C.

Minimum nonstreet frontage yard: ten feet;

D.

Maximum Building Height.

1.

The maximum height of a structure in the CR zone shall be two stories not to exceed thirty feet,

2.

A three-story structure, not exceeding forty feet may be permitted subject to conditional use permit approval. (Ord. 408, 1987)

A.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620.

Development Standards. The commercial uses within the CR zone shall comply with Section 17.200.003,

except when a mixed use, residential/commercial development is approved, a zone wall separating the uses within the development need not be required.

C.

Performance Standards. The commercial uses within the CR zone shall comply with Section 17.200.004. (Ord. 408, 1987)

Chapter 17.250 C-1 (NEIGHBORHOOD COMMERCIAL) ZONE (§ 17.250.001 – § 17.250.005)

The C-1 (neighborhood commercial) zone is intended to provide neighborhood convenience centers which are typically a five to ten acre shopping center with a supermarket as the prime tenant. The neighborhood convenience center generally is intended to serve the day-to-day needs of the surrounding neighbors within a one-mile radius.

(Ord. 408, 1987; Ord. 743 Exh. A, 2003)

The following convenience commercial uses are permitted in the C-1 zone:

Convenience retail uses such as a bakery, pastry shop, bookstore, candy store, florist, newsstand, stationery/gift shop, ice cream parlor, supermarket, drugstore and similar uses;

B.

Service uses such as laundromat, laundry or dry cleaning pickup station, shoe repair, beauty and barber shop;

C.

Financial institutions;

D.

Similar uses subject to the approval of the zoning administrator. (Ord. 408, 1987; Ord. 728, 2002; Ord. 743 Exh. A, 2003)

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A.

Auto service station, alternative fuel station, restaurant or café restricted to sit-down facility only, on-sale or off-sale liquor establishments;

B.

Convenience banking center, automatic teller machine, excluding a full service bank, drive-in or drive-through establishments relating to permitted uses in the zone, excluding a drive-in or drive-through restaurant (subject to Chapter 17.655);

C.

Nursery, child care, day care center, meeting hall or a fraternal hall, community center, health club facilities; D.

(Ord. 408, 1987; Ord. 728, 2002; Ord. 743 Exh. A, 2003; Ord. 1078, 12/10/2024; Ord. 1089, 10/14/2025) The following regulations shall apply to the C-1 zone: A.

Minimum lot area: five acres 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 fifty feet; B.

Minimum street frontage: three hundred feet except in the event of subdivision pursuant to subsection A where frontage is not required provided perpetual access is provided by easements;

C.

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

D.

Minimum nonstreet frontage yards: fifty feet, which shall be screened if required pursuant to Chapter 17.630;

E.

Maximum Building Height. The maximum height of all structures in the C-1 zone shall be two stories not to exceed thirty feet.

(Ord. 408, 1987; Ord. 743 Exh. A, 2003)

A.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620.

B.

Development Standards. The uses within the C-1 zone shall comply with Section 17.200.003.

Performance Standards. The uses within the C-1 zone shall comply with Section 17.200.004. (Ord. 408, 1987; Ord. 743 Exh. A, 2003)

Chapter 17.260 C-2 (GENERAL COMMERCIAL) ZONE (§ 17.260.001 – § 17.260.005)

The C-2 (general commercial) zone is intended to serve the general shopping needs of the Brentwood community as well as other nearby communities. This zoning district will allow retail stores and service uses to serve the general needs of the community.

(Ord. 408, 1987)

The following general retail and service uses are permitted in the C-2 zone:

A.

General retail sales excluding uses with outdoor storage or display, professional office uses; veterinarian or pet store, excluding kennels;

B.

Service uses including, but not limited to, addressing and mailing service; appliance, television and radio repair; barber or beauty shop; butcher, meat market, including frozen food locker; shoe repair, laundromat, dry cleaners and similar uses;

C.

Similar uses subject to the approval of the zoning administrator;

D.

Financial institutions.

(Ord. 408, 1987; Ord. 468 § 9, 1990; Ord. 728, 2002)

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A.

Auto service station, alternative fuel station, tire shop, repair shop, machine shop, auto seat and upholstery shop; billiard hall; bowling alleys; cardroom gaming; dancehall; laboratory—medical, dental, optical; meeting room— lodge, fraternal hall, community facility; medical or dental office; hospital; restaurant or café, on or off-sale liquor establishments; recreation services such as bowling alley, skating rink and similar uses;

All drive-in, drive-through establishments (subject to Chapter 17.655), building materials, garden supply, outdoor sales or display;

C.

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

(Ord. 408, 1987; Ord. 468 § 10, 1990; Ord. 728, 2002; Ord. 1078, 12/10/2024; Ord. 1089, 10/14/2025) The following regulations shall apply to the C-2 zone:

A.

Minimum lot area: seven thousand five hundred square feet;

B.

Minimum lot width: fifty feet;

Minimum street frontage yard: none except where there is a residentially zoned parcel within the same block, the minimum shall be seventy-five percent of the minimum front yard setback for the residential zone, but not less than five feet;

D.

Minimum nonstreet frontage: none except where residentially zoned property is abutting the C-2 zone, the minimum rear yard setback shall be twenty feet. If a public alleyway is separating the two zones, the width of the alleyway may be included as part of the minimum rear yard setback, however, in no case shall the rear yard be less than ten feet;

Maximum Building Height.

1.

The maximum height of a structure in the C-2 zone shall be two stories not to exceed thirty feet,

2.

Structures greater than two stories or thirty feet may be permitted subject to conditional use permit approval. (Ord. 408, 1987)

A.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620.

B.

Development Standards. The uses within the C-2 zone shall comply with Section 17.200.003. C.

Performance Standards. The uses within the C-2 zone shall comply with Section 17.200.004. (Ord. 408, 1987)

Chapter 17.270 C-3 (THOROUGHFARE COMMERCIAL) ZONE (§ 17.270.001 – § 17.270.005)

The C-3 (thoroughfare commercial) zone is a commercial zone for retail and service businesses that are typically related to highways and major thoroughfares. Such uses generally do not lend themselves to be located in general commercial or neighborhood convenience centers, but are encouraged in orderly clusters in suitable locations adjacent to highways and major thoroughfares where special consideration will be given to on-site and off-site traffic and circulation, impact on adjacent land uses, etc.

(Ord. 408, 1987; Ord. 1013 § 2, 2020)

The following thoroughfare commercial uses are permitted in the C-3 zone:

A.

Those uses which are permitted uses within the C-2 zone, however, supermarkets and drugstores will be discouraged within the C-3 zone unless they are part of a full-service shopping center;

Hotel, auto rental or leasing agency, auto sales, boat sales, parts and accessory store, bowling alleys and similar recreational uses, camper or recreational vehicle sales, mobile or manufactured housing sales, home improvement center with or without lumber sales, garden supply store or nursery and similar uses involving outdoor sales subject to design controls;

C.

Similar uses subject to the approval of the zoning administrator. (Ord. 408, 1987; Ord. 1013 § 2, 2020)

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A.

Auto service station, alternative fuel station, auto tire shop, auto repair including engine, transmission, brakes, etc., auto body repair and painting, laundry or dry cleaning plant, bakery—wholesale; all on-sale and off-sale liquor facilities; billiard hall; card or gaming room, adult entertainment; dancehall; new and used equipment rental; meeting room—lodge, fraternal hall, community facility; hospital; truck and trailer rental, campground or recreation vehicle park, vocational or trade school;

B.

All drive-in, drive-through establishments (subject to Chapter 17.655);

C.

Other uses that the zoning administrator 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. 408, 1987; Ord. 468 § 11, 1990; Ord. 728, 2002; Ord. 1013 § 2, 2020; Ord. 1078, 12/10/2024; Ord. 1089, 10/14/2025)

A.

Minimum parcel size: one acre except lots approved as part of an approved master development plan may be reduced to a minimum of twenty thousand square feet;

B.

Minimum street frontage: one hundred feet;

C.

Minimum street frontage yards: ten feet, except where there is a residentially zoned parcel fronting on the street within the same block, the minimum setback shall be seventy-five percent of the minimum setback for the residential zone, but not less than ten feet;

D.

Minimum Non-Street Frontage Yards.

1.

None for those properties within the C-3 zone between Chestnut and Fir Streets abutting Brentwood Blvd. except where the C-3 zone abuts a residential zone, the setback shall be fifteen feet for three story or fortyfoot high structures. Additional setback may be required for structures over three stories or forty feet as a condition of conditional use permit approval;

2.

All other C-3 properties except those described in subdivision (1) of this subsection shall have a setback of none except where the C-3 zone abuts a residential zone, the setback shall be ten feet for structures up to two stories or thirty feet and fifteen feet for three story or forty-foot high structures. Additional setback may be required for structures over three stories or forty feet as a condition of conditional use permit approval;

E.

Maximum Building Height.

1.

The maximum building height permitted in the C-3 zone shall be three stories not to exceed forty feet,

2.

Structures greater than three stories or forty feet may be permitted subject to conditional use permit approval.

(Ord. 408, 1987; Ord. 487 § 2, 1991; Ord. 1013 § 2, 2020)

A.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620.

B.

Development Standards. The uses within the C-3 zone shall comply with Section 17.200.003. C.

Performance Standards. The uses within the C-3 zone shall comply with Section 17.200.004. (Ord. 408, 1987; Ord. 1013 § 2, 2020)

Chapter 17.280 DT (DOWNTOWN) ZONE (§ 17.280.001 – § 17.280.003)

Note: Prior ordinance history: Ords. 468, 488, 651, 772, 783 and 807.

The purpose and intent for the adoption of the DT (downtown) zone is to encourage new development in the downtown; to carefully consider the impacts of new commercial development on the viability on the downtown, to facilitate the expansion of existing businesses and the attraction of new businesses that will draw additional shoppers to the downtown; to develop a design plan for the downtown to create a feeling of unity and destination so that buildings complement each other; and to encourage business organizations to sponsor retail events to bring shoppers to the downtown area on a regular basis. (Ord. 818, 2005)

The downtown specific plan establishes the primary means of regulating land use and development within the specific plan area. It also establishes the primary means of planning city actions and investments in support of the growth of the downtown. The regulations contained within the downtown specific plan replace land use and development regulations previously contained within the city of Brentwood's zoning ordinance for this district. In the instance of conflicting regulations with other municipal planning documents containing policies for land use and development in the downtown specific plan area, the downtown specific plan document shall control. The downtown specific plan document does not replace or augment regulations pertaining to issues of building safety codes or other nonplanning-related codes. All applications for new constructions, substantial modifications to existing buildings, and for changes in land use, shall be reviewed for conformance with the policies contained in the downtown specific plan.

(Ord. 818, 2005)

A copy of the downtown specific plan is on file with the city clerk's office. (Ord. 818, 2005)

Chapter 17.290 BB (BRENTWOOD BOULEVARD) ZONE (§ 17.290.001 – § 17.290.004)

The purpose and intent of the BB zone is to transform the auto-oriented former State Route 4 corridor into a more traditional boulevard with distinctive, unique, front-facing buildings as reflected in the Brentwood Boulevard specific plan (BBSP). The BBSP also promotes comfortable walkways and generous landscaping to provide an active, inviting, and attractive location for residents, workers, and visitors. Brentwood Boulevard within the boundaries of the BB zone is a distinguished portion of the city that extends between the city limits at Delta Road on the north and the downtown at Second Street on the south. The BBSP provides for a cohesive arrangement of uses, building types, frontage treatments, and street designs that function as integral parts of a single urban structure. Taken together, the expectation is that the structure over time will

result in an area comprised of an attractive and desirable streetscape environment along which well-designed buildings are located behind generous amounts of continuous landscaping and open space. The result is a prominent setting for new development and a framework for new neighborhood and workplace districts along one of the city's most visible corridors.

(Ord. 901 § 2, 2012)

These regulations shall apply to all properties zoned BB within the city.

(Ord. 901 § 2, 2012)

The Brentwood Boulevard specific plan (BBSP) establishes the primary means of regulating land use and development within the BB zone. It also establishes the primary means of planning city actions and investments in support of the growth and redevelopment of Brentwood Boulevard. The regulations contained within the BBSP replace land use and development regulations previously contained within this title for applicable properties. Except for Chapter 17.655 (Drive-Through Uses), which shall prevail, in the instance of conflicting regulations with other municipal planning documents containing policies for land use and development in the BB zone, the BBSP and this chapter shall control. The BBSP and this chapter do not replace or augment regulations pertaining to issues of building safety codes or other nonplanning related codes. All applications for new construction, substantial modifications to existing buildings, and for changes in land use, shall be reviewed for conformance with the BBSP.

(Ord. 901 § 2, 2012; Ord. 1089, 10/14/2025)

A copy of the BBSP is on file with the city clerk's office, the community development department, and is accessible via the city's website. (Ord. 901 § 2, 2012)

Chapter 17.295 PA-1 (PRIORITY AREA ONE) ZONE (§ 17.295.001 – § 17.295.005)

The purpose and intent of the PA-1 zone is to enable the development of Priority Area 1 as a vibrant, compact, transit-oriented development that is focused around a proposed Tri Delta Transit/BART transit station and as an employment center within the city. This will be accomplished through goals, policies, regulations, and guidelines that address land use, architectural and urban design, circulation and parking, infrastructure, public services, and economic development in the Priority Area 1 Specific Plan (PA-1 SP) area. The PA-1 SP addresses the needs of the various users who frequent the Specific Plan area, including residents, workers, and visitors. The PA-1 SP is intended to guide private development and public investment within the specific plan area for the next twenty to twenty-five years.

(Ord. 1007 § 5, 2018)

These regulations shall apply to all properties zoned PA-1 within the city. (Ord. 1007 § 5, 2018)

The PA-1 SP establishes the primary means of regulating land use and development within the PA-1 zone. It also establishes the primary means of planning city actions and investments in support of the growth and redevelopment of the area within the PA-1 zone. The provisions of the PA-1 SP replace land use and development regulations previously contained within this title for applicable properties. In the instance of conflicting regulations with other municipal planning documents containing policies for land use and development in the PA-1 zone, the PA-1 SP and this chapter shall control. The PA-1 SP and this chapter do not replace or augment regulations pertaining to issues of building safety codes or other non-planning related

codes. All applications for new construction, substantial modifications to existing buildings, and for changes in land use, shall be reviewed for conformance with the PA-1 SP.

(Ord. 1007 § 5, 2018)

A copy of the PA-1 SP is on file with the city clerk's office, the community development department, and is accessible via the city's website.

(Ord. 1007 § 5, 2018)

==> picture [519 x 671] intentionally omitted <==

(Ord. 1007 § 5, 2008)

Chapter 17.300 INDUSTRIAL/COMMERCIAL ZONES—GENERAL REGULATIONS (§ 17.300.001 – § 17.300.005)

A.

Title. The provisions of this article shall be known as the "industrial/commercial zoning regulations" of this title.

B.

Purpose. The purpose of the industrial/commercial zones and the regulations applying to these zones include the following:

1.

To provide appropriately located areas for manufacturing and industrial uses, industrial, commercial and office parks, and in certain circumstances residential uses, to meet the employment and service needs of the Brentwood community;

2.

To encourage the provision of attractive and stimulating surroundings that make Brentwood's industrial/commercial areas enjoyable and clean places in which to work;

3.

To protect the industrial areas from the intrusion of incompatible activities which might impair on an area's functioning as an industrial area;

4.

To establish criteria to protect adjoining land uses and the general community from noise, vibration, smoke, odor, dust, dirt, heat, glare and from fire, explosion and other hazards.

(Ord. 408, 1987)

These regulations shall apply to the IC and PEC zones unless expressly provided otherwise, and are supplementary to the industrial/commercial zoning regulations of this title.

(Ord. 408, 1987)

The development standards set forth in Section 17.200.003 are applicable to the industrial/commercial zones unless expressly provided for otherwise within the regulations of each individual zones and with the exceptions set out in this section to the subsections enumerated in subsections A and B of this section.

A.

Exception to Subsection B of Section 17.200.003—Refuse Container Enclosure. All industrial facilities shall provide refuse container enclosures to city standards and specifications.

B.

Exception to Subsection E of Section 17.200.003—Manufacturing and Storage Areas. All manufacturing processes shall be within a structure and all open storage areas shall be screened with a minimum six-foothigh view-obscuring fence. No storage shall exceed the height of the fence. Masonry walls shall be utilized for screening areas visible from a public street while chain link with view-obscuring slats or other fencing materials, other than wood, may be used for screening areas not visible from a public street. (Ord. 408, 1987)

The performance standards set forth in Section 17.200.004 are applicable to the industrial/commercial zones unless expressly provided for otherwise within the regulations of each individual zone. (Ord. 408, 1987)

See Section 17.610.014. (Ord. 408, 1987)

Chapter 17.310 IC (INDUSTRIAL/COMMERCIAL) ZONE (§ 17.310.001 – § 17.310.005)

The IC (industrial/commercial) zone is a mixed use zone providing for a wide range of light industrial uses as the predominant use and business services and office uses not involving frequent public use as the optional secondary use in already established industrial and service commercial areas or on undeveloped parcels close to the downtown. Such uses are subject to development and performance standards to prevent deleterious uses and ensure compatibility with the surrounding community.

(Ord. 408, 1987)

The following light industrial, business services and office uses are permitted in the IC zone: A.

Light industrial uses which generate minimal noise, odor, smoke, waste material, and similar items which may negatively impact the environment are permitted. Such uses include but are not limited to small assembly plants, printing establishments, contractors storage yard, lumber yard and similar uses; B.

Business services such as laundry, dry cleaning, automotive repair or service establishments such as electronic, clock or watch repair, small equipment repair, small welding shop, lumber yard and similar facilities;

C.

Commercial uses which may or may not manufacture their primary product on the premises such as drapery shop, cabinet shop, upholstery shop and similar uses; D.

Office uses which are supplementary to an industrial, business or commercial uses permitted in the zone; E.

Similar uses subject to the approval of the zoning administrator. (Ord. 408, 1987)

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830: A.

Public and quasi-public uses necessary and appropriate to the IC zone; B.

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;

Light metal fabrication, machine shops and similar uses; D.

Self-storage facilities(subject to Chapter 17.755 (mini-storage or mini-warehouses);

Churches as temporary uses to be located in existing buildings. (Ord. 408, 1987; Ord. 450 § 3, 1989; Ord. 1087, 8/12/2025) The following regulations shall apply to the IC zone:

A.

Minimum lot area: twenty thousand square feet, except the minimum lot size shall not apply under the following circumstances;

Subdivision map would create lots for condominium units for industrial or commercial uses and the area of the map is a minimum of twenty thousand square feet;

2.

Parking, driveways, landscaping and other facilities are owned and maintained by an association;

B.

Minimum lot width: one hundred feet;

C.

Minimum street frontage yard: ten feet. Except where there is a residentially zoned parcel within the same block, the minimum setback shall be seventy-five percent of the minimum setback for the residential zone, but not less than ten feet;

D.

Minimum nonstreet frontage yard: none except where residentially zoned property is abutting the IC zone, the minimum yard shall be ten feet;

E.

Maximum Building Height.

1.

If the IC zone abuts any residential zone, the maximum height of the structure shall be one story not to exceed twenty feet,

2.

A two-story structure, not exceeding thirty feet may be permitted abutting a residential zone subject to conditional use permit approval,

3.

If the IC zone does not abut a residential zone, the maximum permitted height shall be two stories not to exceed thirty feet,

4.

Structures greater than two stories or thirty feet and not abutting a residential zone may be permitted if approved in accordance with the conditional use permit procedure, (Chapter 17.830). (Ord. 408, 1987; Ord. 472 § 2, 1990)

A.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620.

B.

Minimum Zoning District Size. Any IC zone formed shall be a minimum of five acres in size.

C.

Development Standards. The uses within the IC zone shall comply with Section 17.300.003.

D.

Performance Standards. The uses within the IC zone shall comply with Section 17.300.004. E.

Design and Site Development Review. All industrial facilities shall comply with Chapter 17.820 of this title. (Ord. 408, 1987)

Chapter 17.320 PEC (PLANNED EMPLOYMENT CENTER) ZONE (§ 17.320.001 – § 17.320.004)

The PEC (planned employment center) zone is a mixed use category intended to provide for integrated subclusters of industrial parks, business and research parks, large individual corporate establishments, professional and administrative office complexes and selected commercial activities as the predominant function (fifty-one percent or more of the total land area devoted to employment-generating uses) in conjunction with higher density residential uses to support the housing needs of employees and businesses in the planned employment center.

(Ord. 408, 1987)

A.

The PEC (planned employment center) zone shall be established in accordance with the city of Brentwood general plan and no development shall be allowed to occur unless a specific plan has been adopted for the area. Such specific plan shall be in accordance with the community development plan, the city's guidelines for preparing specific plans, and Government Code Section 65450 et seq.

B.

The specific plan shall serve as, and include all zoning regulations, performance standards, development and design standards. The performance, development and design standards within the zoning ordinance shall be utilized as a basis for evaluating and determining standards for the PEC zone.

C.

In the absence of an adopted specific plan the proponent of a planned employment center may request the city to prepare such a plan which shall be at the cost of the proponent and which shall be in conformance with Section 17.320.004.

(Ord. 408, 1987)

The PEC (planned employment center) zone is intended to encourage the development of employmentgenerating uses, however, the land use designation allows for up to a maximum of forty-nine percent of the land area to be developed for residential uses if approved by the city. That land area utilized, shall be the gross acreage for which one specific plan is prepared and the residential acreage ratio is a maximum amount. The city may restrict the residential acreage to a lower ratio or prohibit residential development within the PEC area if the city determines that residential use is inappropriate for the specific area. The following ratio shall be used except for that area designated PEC within the Brentwood redevelopment project area which shall be developed in accordance with the Brentwood redevelopment plan.

PEC Specifc Plan Area Gross Acres	Maximum Percent Allowed for Residential Use
0—74	0
75—99	10%
100—124	18%
125—149	26%
150—174	34%
175—199	42%
200 plus	49%

(Ord. 408, 1987)

A.

The area to be included with a specific plan area shall be determined by the city.

Specific plan areas shall normally have physical boundaries such as major thoroughfares and similar public rights-of-way, canals and other waterways and other physical features that define a cohesive planning unit. C.

A specific plan area may cross a physical boundary when found by the city to be necessary to solve common problems.

D.

When a proponent of a planned employment center is required to prepare a specific plan for his or her property pursuant to Section 17.320.002, the specific plan area shall include any additional land necessary to represent a cohesive planning unit.

(Ord. 408, 1987)

Chapter 17.350 PUBLIC AND SEMIPUBLIC FACILITY ZONES— GENERAL REGULATIONS (§ 17.350.001 – § 17.350.005)

A.

Title. The provisions of this article shall be known as the "public and semipublic facility zoning regulations" of this title.

B.

Purpose. The purpose of the public and semipublic zones and the regulations applying to these zones include the following:

1.

To provide for and preserve areas for public facilities which serve the community, such as the civic center, corporation yard, public schools and other such governmental complexes;

2.

To provide for and preserve areas for semipublic facilities which serve the community such as recreation centers, senior citizen centers, senior citizen and handicap housing, administrative offices for governmental districts and similar uses;

3.

To provide opportunities for community service uses and other institutional and semicommercial uses to cluster for the convenience of the public in attractive areas specially suited for community service activities;

4.

To protect community service uses from the intrusion of incompatible activities, and to provide special areas for such community service uses as might be inappropriate in other locations within the community. (Ord. 857 § 2, 2008)

These regulations shall apply to the PF and SPF zones unless expressly provided otherwise, and are supplementary to the public and semipublic facility zoning regulations of this title.

(Ord. 857 § 2, 2008)

All new development within the PF or SPF zones shall be subject to design and site development review pursuant to Chapter 17.820 and all other applicable criteria established by the city through policy or resolution.

(Ord. 857 § 2, 2008)

The development standards established in Section 17.200.003 for office and commercial uses shall apply within the PF and SPF zones.

(Ord. 857 § 2, 2008)

The performance standards established in Section 17.200.004 for office and commercial uses shall apply within the PF and SPF zones.

(Ord. 857 § 2, 2008)

Chapter 17.360 PF (PUBLIC FACILITY) ZONE (§ 17.360.001 – § 17.360.004)

The purpose of the PF (public facility) zone is to provide areas for public facilities such as government offices, community centers, schools and parks.

(Ord. 857 § 2, 2008)

The following uses are permitted within the PF zone:

A.

Governmental or public administrative offices, special district offices, social service offices and similar uses and rights-of-way;

B.

Quasi-public offices such as public utility offices and rights-of-way;

Public parks, public schools;

Similar uses subject to approval of the zoning administrator.

(Ord. 857 § 2, 2008)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

Governmental agency or special district corporation yards, pumping stations, treatment facilities, etc.;

B.

Quasi-public uses such as public utility corporation yards, pumping stations, treatment facilities, private schools, etc.

(Ord. 857 § 2, 2008)

All uses within the PF zone are subject to the design and site development review procedures established in Chapter 17.820 and the setbacks, building height, parking and other regulations established in the commercial office zone (Sections 17.210.004 and 17.210.005).

(Ord. 857 § 2, 2008)

Chapter 17.370 SPF (SEMIPUBLIC FACILITY) ZONE (§ 17.370.001 – § 17.370.004)

The purpose of the SPF (semipublic facility) zone is to provide for areas for public facilities and semipublic facilities which may be in conjunction with senior and handicap housing projects. (Ord. 857 § 2, 2008)

Those uses identified as permitted uses within the PF zone in Section 17.510.002 are permitted within the SPF zone.

(Ord. 857 § 2, 2008)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

Those uses identified as conditionally permitted uses within the PF zone in Section 17.510.003 are conditionally permitted within the SPF zone.

B.

A subsidized senior and handicap housing project at a density to be determined by the city based on location, design, availability of utilities and services and other criteria considered appropriate by the city. (Ord. 857 § 2, 2008)

All uses within the SPF zone are subject to design and site development review pursuant to Chapter 17.820 and the setback, building height, parking and other regulations established in the R-3 (high density

multifamily residence) zone, Section 17.150.004. Parking requirements for senior and handicap housing shall be in accordance with Section 17.620.017.

(Ord. 857 § 2, 2008)

Chapter 17.400 AGRICULTURAL AND OPEN SPACE ZONES— GENERAL PROVISIONS (§ 17.400.001 – § 17.400.006)

A.

Title. The provisions of this article shall be known as the "agricultural and open space zoning regulations" of this title.

B.

Purpose of Provisions. The purpose of the agricultural and open space zones and the regulations applying to these zones include the following:

1.

To provide land use designations which will retain primary agricultural use to the greatest extent possible and protect such agricultural areas from urban encroachment;

2.

To conserve certain areas slated for future planning of land use jointly between the city, county and adjacent communities primarily along the corridor for the proposed Highway 4 extension;

3.

To preserve areas for parks, greenways, recreational areas and similar open space uses to meet the needs of the community.

(Ord. 408, 1987)

These regulations shall apply to the A-10, A-20, AP and OS zones unless expressly provided otherwise, and

are supplementary to the agricultural and open space zoning regulations of this title.

(Ord. 408, 1987)

See Section 17.100.003.

(Ord. 408, 1987) See Section 17.100.004. (Ord. 408, 1987) See Section 17.100.005. (Ord. 408, 1987)

See Section 17.610.014. (Ord. 408, 1987)

Chapter 17.410 A-10 (AGRICULTURAL CONSERVATION) ZONE (§ 17.410.001 – § 17.410.005)

The purpose of the A-10 (agricultural conservation) zone is to provide areas for general agricultural uses and to preserve lands best suited to agriculture against premature urban encroachment and to prevent the premature intrusion of incompatible activities.

(Ord. 408, 1987)

The following uses are permitted within the A-10 zone:

A.

One single-family dwelling per parcel, including manufactured homes;

B.

Rooming and boarding subject to Section 17.650.003;

C.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

D.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

E.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood;

G.

Signs subject to Chapter 17.640;

H.

All types of agriculture, including general farming, horticulture, floriculture, nurseries and greenhouses, mushroom rooms, forestry and similar agricultural uses other than those uses identified as conditionally permitted;

I.

Other agricultural uses, including the erection and maintenance of sheds, warehouses, granaries, dehydration plants, hullers and similar uses necessary for the primary processing, packing and shipping of agricultural products;

J.

A temporary stand not exceeding two hundred square feet for the sale of agricultural products predominantly grown in the East Contra Costa County area. The stand shall be set back at least twenty-five feet from the front property line and shall be placed out of view from the public right-of-way when the stand is not in regular use. The stand shall be subject to the approval and conditions of a temporary use permit pursuant to Chapter 17.850;

K.

Limited animal husbandry and private kennels subject to the provision of Chapter 17.670. (Ord. 408, 1987)

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830: A.

Animal husbandry;

B.

Merchandising of agricultural supplies and services incidental to an agricultural use, canneries, wineries and processing of agricultural products;

C.

Cold storage plant, slaughter houses, stock yards, livestock sales or auction yards; D.

Commercial recreation uses which are primarily open and not within a building;

E.

Secondary housing units subject to Section 17.100.005;

F.

Large residential care facilities and day care centers subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood. (Ord. 408, 1987) The following regulations shall apply to the A-10 zone:

A.

Minimum lot area: ten acres; B. Minimum lot width: three hundred feet; C. Minimum front yard: fifty feet; D. Minimum side yard: twenty-five feet;

E.

Minimum rear yard: fifty feet;

F.

Yards—accessory buildings and structures:

1.

Minimum setback from main building: eight feet except for accessory buildings housing animals or livestock which shall be set back thirty feet,

2.

Minimum rear yard: twenty feet,

3.

Minimum side yard: ten feet,

4.

No accessory building or structure housing animals, grain-fed rodents, bees, birds or poultry shall be located nearer than fifty feet of any residential land use district or a main building on an adjacent lot; G.

Maximum Building Height. No accessory or main building shall exceed a height of two-and-one-half stories or thirty-five feet, unless a greater building height is approved by a conditional use permit; H.

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

(Ord. 408, 1987)

A.

Off-street parking shall be provided pursuant to Chapter 17.620 and Sections 17.100.004H. B.

Design review shall be required for all housing units pursuant to Section 17.100.003 and 17.100.004. C.

Accessory buildings shall be prohibited in any required front yard.

D.

A water well with minimum enclosure shall be permitted in any required front yard provided the well site is in the only possible location on the property.

(Ord. 408, 1987)

Chapter 17.420 A-20 (INTENSIVE AGRICULTURAL) ZONE (§ 17.420.001 – § 17.420.005)

The purpose of the A-20 (intensive agricultural) zone is to provide for intensive agricultural uses and to preserve lands best suited for intensive long-term agricultural use against urban encroachment and to prevent the intrusion of incompatible activities.

(Ord. 408, 1987)

All uses identified as permitted uses within the A-10 zone, Section 17.410.002, are permitted uses within the A-20 zone.

(Ord. 408, 1987)

All uses identified as a conditionally permitted use within the A-10 zone Section 17.410.003, except 17.410.003D, commercial recreational uses, are conditionally permitted uses within the A-20 zone, and permitted only on the granting of a conditional use permit pursuant to Chapter 17.830.

(Ord. 408, 1987)

The following development regulations shall apply to the A-20 zone:

Minimum lot area: twenty acres;

B.

Minimum lot width: five hundred feet;

Minimum front yard: fifty feet;

Minimum side yard: twenty-five feet;

Minimum rear yard: fifty feet;

Yards—accessory buildings and structures:

1.

Minimum setback from main building: eight feet except for accessory buildings housing animals or livestock which shall be set back thirty feet,

2.

Minimum rear yard: twenty feet,

Minimum side yard: ten feet,

4.

No accessory building or structure housing animals, grain-fed rodents, bees, birds or poultry shall be located nearer than fifty feet of any residential land use district or main building on an adjacent lot;

G.

A.

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

B.

Design review shall be required for all housing units pursuant to Section 17.100.003 and 17.100.004. C.

Accessory buildings shall be prohibited in any required front yard.

D.

A water well with minimum enclosure shall be permitted in any required front yard provided the well site is in the only possible location on the property.

(Ord. 408, 1987)

Chapter 17.430 AP (AGRICULTURAL PRESERVE) ZONE (§ 17.430.001 – § 17.430.006)

The purpose of the AP (agricultural preserve) zone is to provide areas intended for the commercial production of food and fibre and other compatible uses consistent with the intent and purpose of the Land Conservation Act of 1965 (Williamson Act) and any subsequent amendments to such Act.

(Ord. 408, 1987)

Upon establishment of an agricultural preserve, in accordance with the Land Conservation Act of 1965, Section 51200 et seq., of the California Government Code, and any subsequent amendments to such act, the property shall be zoned AP (agricultural preserve) zone. Establishment of an agricultural preserve shall be initiated by the property owner in accordance with city regulations, policy and procedure and in accordance with Section 51200 of the California Government Code.

(Ord. 408, 1987)

All uses identified as permitted uses within the A-10 zone, Section 17.410.002, are permitted within the AP zone.

(Ord. 408, 1987)

All uses identified as a conditionally permitted use within the A-20, Section 17.420.003, are conditionally

permitted within the AP zone, and permitted only on the granting of a conditional use permit pursuant to Chapter 17.830.

(Ord. 408, 1987)

The following regulations shall apply to the AP zone:

Minimum lot area: twenty acres; B.

Minimum lot width: five hundred feet;

C.

Minimum front yard: fifty feet;

D.

Minimum side yard: twenty-five feet;

E.

Minimum rear yard: fifty feet;

F.

Yards—accessory buildings and structures:

1.

Minimum setback from main building: eight feet except for accessory buildings housing animals or livestock which shall be set back thirty feet,

2.

Minimum rear yard: twenty feet,

3.

Minimum side yard: ten feet,

4.

A.

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

B.

Design review shall be required for all housing units pursuant to Section 17.100.003 and 17.100.004. C.

Accessory buildings shall be prohibited in any required front yard.

D.

A water well with minimum enclosure shall be permitted in any required front yard provided the well site is in the only possible location on the property.

E.

Minimum Zoning District Size. All agricultural preserves established and AP zones established shall be a minimum of one hundred acres in size.

(Ord. 408, 1987)

Chapter 17.440 OS (OPEN SPACE) ZONE (§ 17.440.001 – § 17.440.004)

The purpose of the OS (open space) zone is to provide for the control, protection and use of open space lands which form a part of the park and open space system of the city of Brentwood. This land use designation shall include all public parks, playgrounds, linear parks or greenways, golf courses and country clubs and similar uses of a predominantly open nature intended for public use.

(Ord. 408, 1987)

The following uses are permitted within the OS zone:

A.

Active and passive public recreational areas including any structures incidental to such use;

B.

Public or quasi-public rights-of-way for utility, irrigation, drainage, railroad or similar areas utilized for or having the potential to be utilized for linear trails, bicycle, pedestrian or horse trails and similar uses;

C.

Open space as a reserve for fire protection, seismic safety, water conservation, protection of view or similar appropriate purposes.

(Ord. 408, 1987)

The following uses require special consideration and approval of a conditional use permit in accordance with Section 17.830:

A.

An addition to an existing structure which will increase the coverage of the structure by five hundred square feet, or any new structure in excess of five hundred square feet, except minor recreational structures such as playground equipment, trellises and similar uses;

B.

Any commercial use which may be conducted on open space land without substantially detracting from its value as open space such as golf courses, riding academy or stables, tennis or swim club and similar recreational related uses of a predominantly open nature.

(Ord. 408, 1987)

All uses within the OS zone are subject to the design and site development review procedures established in Section 17.820. The setback, building height, parking and other design and performance criteria shall be established at the time of the proposed development and in accordance with any development standards established by resolution for the type of use proposed.

(Ord. 408, 1987)

Chapter 17.450 PLANNED DEVELOPMENT ZONES—GENERAL REGULATIONS (§ 17.450.001 – § 17.450.009)

A.

Title. The provisions of this article shall be known as the "planned development zoning regulations" of this title.

B.

Purpose. The purpose of planned development zones include the following:

1.

To allow a mixture of uses, unusual building intensity or design characteristics, or variations in density

including density between the midrange and upper end of land use designated by the general plan, which would not normally be permitted in a single use zone;

2.

To implement specific plans prepared for specific plan areas designated by the community development plan of the city of Brentwood, and to implement other specific plans which may be adopted by the city council, by providing regulations for the adoption of planned development zones for all or part of the area encompassed by each adopted specific plan.

(Ord. 857 § 2, 2008)

The provisions of this chapter shall be applicable to the following properties:

A.

To any property in the city at such time an application for rezoning for a planned development zone is made and to any property for which planned development zoning is approved;

B.

To all or part of any area in the city for which a specific plan has been approved;

C.

Rezoning to the planned development zone may be allowed through the approval by the city of a development plan showing the design of the project, the interrelationship of uses, their relation to the surrounding area and conformance of the plan to the community development plan and any applicable specific plan or following the adoption of an applicable specific plan.

(Ord. 857 § 2, 2008)

A.

Any and all compatible uses are permitted within the zoning regulations adopted for the specific planned development zone; provided, however, no use shall be authorized which does not conform to the community development plan of the city of Brentwood and to any applicable specific plan;

B.

Pursuant to Chapter 17.715, ADUs are a permitted use in a PD zone that allow single-family or multifamily dwelling residential use. JADUs are a permitted use in a PD zone that is a single-family residential zone.

(Ord. 857 § 2, 2008; Ord. 1083, 2/25/2025)

Any use not listed as a permitted use or listed as conditionally permitted in the specific planned development zone may be permitted subject to approval of a conditional use permit pursuant to Chapter 17.830, except for car washes.

(Ord. 857 § 2, 2008; Ord. 1078, 12/10/2024)

The development regulations shall be specified within the regulations adopted for the specific planned development zone. Deviation from those regulations shall be permitted only through zoning text amendment or the grant of a variance.

(Ord. 857 § 2, 2008)

A.

In addition to the rezoning procedure set forth in Chapter 17.870 the creation of a PD zone shall require the adoption of zoning ordinance text specifying the regulations applicable to the newly created zone.

B.

In addition to the information required by Section 17.800.007, application for the creation of a PD zone shall require submittal of plans and supporting data as may be appropriate to the size, nature and specificity of the proposed development and the specificity of any applicable specific plan. Plans and data may include any of the following as may be required by the planning director.

1.

A map showing the proposed street system and lot design, if any, and areas proposed to be dedicated or reserved for interior circulation, parks, school sites, public buildings and other such uses;

2.

A map showing the topography of the proposed zone, with contour intervals sufficient to meet all the requirements of the city;

3.

A land use plan, precisely indicating the area or areas to be used for each particular land use;

A professionally prepared site plan which shall be drawn to scale and shall show the location of all proposed buildings, including notation of minimum distances between buildings, and between buildings and building site, and/or use boundaries;

5.

An off-street parking and loading plan showing the ratio between off-street parking and loading spaces and building floor areas, and/or the ratio of parking spaces to anticipated employees, or other criterion required by the city. Such plan shall be supported by data demonstrating the adequacy of the parking for the demand generated by the use to which it pertains;

6.

A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the development, and to and from any adjacent public thoroughfares;

7.

Any special engineering features and traffic regulating devices needed to facilitate or insure the safety and efficiency of the circulation pattern;

8.

A landscaping and tree-planting plan and an irrigation plan prepared by a licensed landscape architect;

9.

Elevations and/or perspective drawings of all proposed major structures prepared by a licensed engineer or architect. Such drawings need not be the result of final architectural plans, but must be in detail sufficient to enable the commission to determine, within reasonable limits, the height, bulk and arrangement of the proposed buildings and their general appearance;

10.

A development schedule indicating the date on which construction is to begin, the anticipated rate of development, and the anticipated date of completion. The development schedule, shall become a zoning regulation which, if not adhered to, will constitute a violation of the zoning and grounds for initiation of rezoning by the city;

11.

Any proposed conditions, covenants or regulations including provisions for a homeowners association for the purpose of operating and maintaining any common facilities or spaces included in the development and requiring all homeowners to maintain membership in such association.

C.

In addition to the plans and data submitted pursuant to this section, application for the creation of a PD zone which is established to implement a specific plan adopted or proposed for adoption by the city shall require the submittal of a copy of the specific plan, or any amendment thereof, which has been adopted by the city, or a draft of a specific plan, or an amendment thereof, which has been submitted or is concurrently submitted to the city for its ultimate adoption.

(Ord. 857 § 2, 2008)

Rezoning for a PD zone shall only be granted when the city can make the following findings:

A.

That the proposed development will clearly result in a more desirable use of land, and a better physical environment than would be possible under any single or combination of zones; B.

That the PD zone proposed is on property which has a suitable relationship to one or more thoroughfares; and that such thoroughfares are adequate to carry any traffic generated by the development; C.

That the plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility;

D.

That the natural and scenic qualities of the site are protected, with adequate available public and private open spaces designated on the development plan;

E.

That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the city and will be in keeping with the general intent and spirit of the zoning ordinance and with the city's community development plan, including all relevant elements thereof, and with any applicable specific plan adopted by the city. (Ord. 857 § 2, 2008)

A conditional use permit may be granted in the following circumstances:

A.

If in the opinion of the city certain aspects of the planned development do not lend themselves to zoning regulations the city may require the applicant for rezoning to apply for a conditional use permit for consideration concurrent with the rezoning.

B.

If provided for in the adopted PD zoning regulations, the conditional use permit procedure may be utilized for the approval of subsequent more detailed plans; provided, that such subsequent plans conform to the PD zoning regulations.

(Ord. 857 § 2, 2008)

A.

From time to time, the zoning administrator shall compare the actual development accomplished in any PD zone with the approved development plan and shall report his or her findings to the planning commission.

B.

If, in the opinion of the planning commission the owner of the property in any PD zone is failing to conform to the approved development plan, the commission may initiate proceedings to remove the PD zone designation from the zoning map or may initiate proceedings for an amendment to the zoning regulations. (Ord. 857 § 2, 2008)

Chapter 17.451 PD-1 (PLANNED DEVELOPMENT ONE) ZONE (§ 17.451.001 – § 17.451.008)

The authority, purpose and intent for the adoption of PD-1 (planned development one) zone are as follows: A.

Authority. PD-1 (planned development one) zone is adopted pursuant to the authority set forth in Chapter 17.450.

B.

Purpose. The purpose of PD-1 (planned development one) zone is to permit and regulate the development of that portion of specific plan area two, as designated by the city of Brentwood community development plan, which is encompassed by the Peterson Ranch specific plan.

Intent. It is intended that in order to achieve the purpose of the PD-1 (planned development one) zone, the coordinated development of the area encompassed by the zone will be undertaken in accordance with the Brentwood general plan and the Peterson Ranch specific plan. The boundary of the PD-1 zoning district is as shown on the map in Section 17.451.008.

(Ord. 857 § 2, 2008)

The following uses are permitted in the PD-1 zone:

A.

Residential. All uses as set forth below:

1.

Detached and attached single-family homes;

2.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660 of the Brentwood

Municipal Code into required yards, as proposed for adoption by the Brentwood city council under this title at such time as this chapter becomes legally effective;

3.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850 of the Brentwood Municipal Code, as proposed for adoption by the Brentwood city council under the ordinance codified in this title at such time as this chapter becomes legally effective;

4.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840 of the Brentwood Municipal Code;

5.

Residential care facilities, regardless of size and occupancy. Residential care facilities shall be subject only to the same requirements as other residential uses within the same zone;

6.

Agriculture, animal husbandry and limited animal husbandry pursuant to Chapter 17.670 of the Brentwood Municipal Code;

7.

The keeping of domestic animals or pets pursuant to Chapter 17.670 of the Brentwood Municipal Code;

8.

Signs pursuant to Chapter 17.640 of the Brentwood Municipal Code;

9.

zone;

10.

Similar uses subject to the approval of the zoning administrator. (Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

Upon obtaining a conditional use permit, the following uses are permitted in the PD-1 zone.

A.

(Reserved);

B.

Public facilities including parks, playgrounds, public schools and other public buildings; C.

Churches and religious institutions and parochial or private schools;

D.

Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character intended to primarily serve the immediate neighborhood or residential project;

E.

Riding academy or stables;

F.

Residential projects with a density exceeding sixteen dwelling units per gross acre; however, no project shall exceed the maximum density of twenty dwelling units per gross acre;

G.

Buildings in excess of two stories or thirty-five feet in height.

(Ord. 857 § 2, 2008; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025)

The total number of family residences permitted shall be in accordance with the Peterson Ranch specific plan. The family residences may be distributed among the following residential facility types; provided, that upon ultimate build-out, the number of multiple-family dwelling units shall not exceed ten percent of the total number of family residence dwelling units:

A.

Single-family dwelling, detached—S-F(D);

B.

Single-family dwelling, zero lot line—S-F(ZLL);

C.

Single-family dwelling, townhouse—two to six dwelling units per building group—S-F(TH). Each single-family dwelling unit contained in a townhouse building shall be located on a legally separate parcel and shall have its own separate entrance located at ground level;

D.

Multiple-family dwelling—two to six dwelling units per building—M-F. (Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses developed within the PD-1 zone shall conform to the development standards set forth in this section:

A.

All housing units shall have a minimum overall width and depth of twenty feet.

B.

Exterior building material shall be of the type customarily used on conventional housing and shall be compatible with the existing homes in the immediate neighborhood.

C.

The architectural style of the structure shall be complimentary to the area and compatible with the architectural style of the existing homes in the immediate neighborhood.

D.

All siding material shall be extended to a minimum of ten inches from the finish grade of the lot.

E.

All roofing material shall be of a type customarily used on conventional housing and shall be compatible with the existing homes in the immediate neighborhood.

F.

All roofs shall have a minimum twelve-inch eave overhang and shall have a pitch of not less than two-inch vertical rise for each twelve-inch horizontal run.

G.

All dwelling units, other than multiple-family dwelling units, shall have an enclosed two-car garage having an inside clear width of eighteen feet and depth of twenty feet. Garages shall be constructed with material identical to or compatible with the external material of the housing unit. Garage doors shall have a minimum width of sixteen feet except where two doors are provided, in which case the doors shall have a minimum width of eight feet. A garage facing a street shall be a setback not less than twenty feet measured from the property line to the center of the garage door.

H.

Parking shall be provided for each multiple-family dwelling unit in an apartment complex as follows: one private space which shall be covered plus one public space which may be uncovered for each dwelling unit.

I.

The floor elevation of the housing unit shall be a maximum of twenty-four inches above the finish grade of the lot or be compatible with the immediate neighborhood.

J.

All housing units shall comply with the applicable development standards set forth in Section 17.451.008.

K.

Front yards and unfenced side yards adjacent to a street shall be landscaped in conformance with the standards set forth in Section 17.630.008(H) through (N) of the Brentwood Municipal Code. Landscaping shall be installed within eighteen months of occupancy of that housing unit.

L.

Encroachments into required yards shall be in conformance with Chapter 17.660 of the Brentwood Municipal Code.

M.

Vehicle storage shall be in conformance with Section 17.620.016 of the Brentwood Municipal Code.

N.

Usable open space shall be in conformance with Section 17.140.007(F) of the Brentwood Municipal Code and shall apply to multiple-family dwellings.

O.

Any development containing four or more single-family dwellings on contiguous lots shall provide a minimum of twenty-five percent of either:

1.

Single story dwellings; or

2.

Side entry garages; or

3.

Minimum thirty-foot front yard setback; or

4.

Any combination thereof.

P.

Any garage exceeding thirty-two feet in width shall be located on a lot with a minimum width of ninety feet, as measured at the garage face. Garage width is defined as the door to door dimension. (Ord. 857 § 2, 2008)

Residential facility types shall conform to the development standards set forth in Table 17.451.006.

		Table 17.451.006
Development Standards by Residential Facility					Type
Lot Area		M-F	S-F(d)	S-F(ZLL)	S-F(TH)
Min. lot area (sq. ft.)		1,900	6,000	4,000	1,900
Min. lot width (ft.)		20(30)a	60	40	20(30)a
Min. front yard (ft.)		20 b	20 ba	20 b	20 b
Min. side yard (ft.)		0(10)a	5/10	0/10	0(10)a
Min. rear yard (ft.)		20 c	20 cb	20 c	20 c
Max height (ft.)		35 d	35 d	35 d	35 d
Notes:
(a)	For end units.
(b)	For a dwelling which has a side entry garage, the minimum front yard setback for the garage only is ten feet or ffteen feet from the curbline, whichever is greater.
(c)	The minimum rear yard may be ffteen feet provided the average rear yard is not less than twenty feet.

(Ord. 857 § 2, 2008)

The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to the development of the PD-1 zone except as set forth in this section:

A.

Applicability of Design Guidelines in Peterson Ranch Specific Plan. In lieu of the application of the general criteria and standards contained in Sections 17.820.006 through 17.820.008, inclusive, of the Brentwood Municipal Code, the planning commission or the zoning administrator, as appropriate, shall apply the design guidelines set forth in Chapters 4 and 5 of the Peterson Ranch specific plan in evaluating development proposed for the PD-1 zone. Since these design guidelines respond to the goals, objectives and policies contained in the specific plan, as applied to site-specific conditions, they define the scope of the review by

ng commission or the zoning administrator, as appropriate, shall apply the design guidelines set forth in Chapters 4 and 5 of the Peterson Ranch specific plan in evaluating development proposed for the PD-1 zone. Since these design guidelines respond to the goals, objectives and policies contained in the specific plan, as applied to site-specific conditions, they define the scope of the review by

the planning commission and zoning administrator. The design guidelines shall specify an optimum level of performance in order to provide a direction for the future planning and design of the development of the Peterson Ranch. The design guidelines are intended to encourage creative, innovative design solutions which may not strictly conform to the guidelines in every detail, provided such solutions achieve the overall design objective of creating an extroverted and inviting community reminiscent of a rural character. The scope of the design guidelines does not include density or intensity of use, interior building design and layout and building type.

B.

Application of Design and Site Review Procedure to Residential Development. In order to insure housing compatibility and to allow for alternative methods of construction, all new housing units constructed, moved or relocated within the PD-1 zone shall require design and site development review as follows:

1.

Design and site development review shall be required pursuant to Chapter 17.820 of the Brentwood Municipal Code for housing units proposed for the following projects or circumstances:

Subdivisions of five or more lots;

b.

Duplex, triplex, townhouse and multiple residential dwellings or projects;

c.

Individual single-family housing units which do not comply with one or more of the design criteria established in Section 17.451.005;

d.

When an individual appeals the decision of the zoning administrator regarding the approval or denial of a "certificate of compatibility" as required in subdivision 3 of this subsection.

2.

Design and site development review criteria shall be a consideration with any residential project requiring a conditional use permit.

3.

Prior to issuance of a building permit for any housing unit not subject to design and site development review pursuant to subdivisions 1 or 2 of this subsection; the zoning administrator shall indicate thereon a "certificate of compatibility" certifying that the housing unit/s complies with the design criteria set forth in Section 17.451.005 and/or is compatible with the housing units in the immediate neighborhood.

(Ord. 857 § 2, 2008)

==> picture [519 x 643] intentionally omitted <==

(Ord. 960 § 2, 2015)

Chapter 17.452 PD-2 (PLANNED DEVELOPMENT TWO) ZONE (§ 17.452.001 – § 17.452.006)

The authority, purpose and intent for the adoption of PD-2 (planned development two) zone are as follows:

A.

Authority. PD-2 (planned development two) 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-2 (planned development two) zone is to permit and regulate the development of Edgewood in accordance with the Brentwood general plan.

C.

Intent. It is intended that in order to achieve the purpose of the PD-2 (planned development two) zone of implementing the development of Edgewood in accordance with the Brentwood general plan, said zone shall be divided into four villages (subareas). Villages I, II, III and IV are designated on the development plan and related exhibits, and are further described below. The boundaries of the PD-2 zoning district and its subareas are as shown on the map in Section 17.452.006. Each village contains a unique architectural flavor and is separate and distinct from adjacent villages.

1.

Village I is generally comprised of two lot sizes as follows:

a.

Minimum eighty-foot wide by one hundred fifty-foot deep lots which buffer those lots located between Fairview Avenue and Edgewood,

b.

Minimum six thousand square foot lots having at least a depth of one hundred feet which provide a transition between the eighty-foot wide lots and the remainder of Edgewood planned development;

2.

Village II is generally comprised of lots having a minimum dimension of sixty feet by eighty feet;

3.

Village III is generally comprised of lots having a minimum dimension of fifty feet by one hundred feet;

4.

Village IV is generally comprised of lots having a minimum dimension of thirty-nine feet by eighty-three feet; 5.

Also included within Edgewood are two creeks (Sand and Deer) which serve as regional drainage facilities. The Edgewood planned development and other adjacent developments provide for the revegetation of these corridors along with provisions for pathways as dictated by the city master creek trail plan. These corridors shall serve as linear park/greenbelt/trail system and provide a pleasant means of access to the five-acre park site on Edgewood;

6.

As noted in subdivision (5) above, a five-acre park site is proposed along the Sand Creek Channel/Minnesota Avenue frontage. This park will be improved in conjunction with the Edgewood planned development, the school and other developments on nearby properties.

(Ord. 857 § 2, 2008)

The following uses are permitted in the PD-2 zone: those uses permitted under the R-1 zoning district in Title 17.

(Ord. 857 § 2, 2008)

Upon obtaining a use permit, those uses identified as conditionally permitted uses in the R-1 zoning district in Title 17.

(Ord. 857 § 2, 2008)

The residential type permitted in the Edgewood is as follows: single-family dwellings, detached, S-F(D). (Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below:

Title 17. (Ord. 857 § 2, 2008) The residential type permitted in the Edgewood is as follows: single-family dwellings, detached, S-F(D). (Ord. 857 § 2, 2008) Allpermitted and conditionally permitted uses shall conform to the development standards set forth below:

A. S-F(D) Village I:
1. Minimum lot area (sq. ft.)	8,000	6,000
2. Minimum lot width	60′	50′
3. Minimum front yard	20′	20′
4. Minimum side yard	10′ aggregate	15′ aggregate*
	10′ minimum	5′ minimum
5. Minimum rear yard	20′	20′
6. Maximum height	35′	35′
B. S-F(D) Village II:
1. Minimum lot area (sq. ft.)	4,800
2. Minimum lot width	60′
3. Minimum front yard	20′
4. Minimum side yard	15′ aggregate**
	5′ minimum
5. Minimum rear yard	20′
6. Maximum height	35′
C. S-F(D) Village III:
1. Minimum lot area (sq. ft.)	5,000
2. Minimum lot width	50′
3. Minimum front yard	20′
4. Minimum side yard	10′ aggregate
	5′ minimum
5. Minimum rear yard	20′
6. Maximum height	35′
D. S-F(D) Village IV:
1. Minimum lot area (sq. ft.)	3,280
2. Minimum lot width	39′

3. Minimum front yard setback
a. Side entry		10′ to garage façade
b. Second foor stepped forward		18′ to garage door
		15.5′ to second story façade
c. Second foor stepped back		18′ to garage door
		22.5′ to second story façade
4. Minimum side yard setback		14′ aggregate
		5′ minimum
5. Minimum rear yard setback		15% of the lots shall have a minimum setback of 15′ and 15% of the lots shall have a minimum setback of 18′.
6. Maximum building height		30′
7. Corner lots shall maintain a sideyard setback of ten feet as measured from the right-of-way line.
Notes:
*	No less than ffteen percent with 10′/5′
**	Forty percent maximum to be 5′ and 5′

E.

Forty percent of the corner lots shall be single story.

F.

Twenty percent of the homes shall have the second story stepped back four and one-half feet from the first floor façade.

G.

Twenty percent of the homes shall have the second story stepped forward two and one-half feet from the first floor façade.

H.

All housing units shall have a minimum overall width and depth of twenty feet.

I.

All roofing material shall be of a type customarily used on conventional housing and shall be compatible with the existing homes in the immediate neighborhood.

J.

All roofs shall have a minimum twelve-inch eave overhang and shall have a pitch of not less than four-inch vertical rise for each twelve-inch horizontal run.

K.

All dwelling units shall have an enclosed two-car garage having an inside clear width of eighteen feet and depth of twenty feet. Garages shall be constructed with material identical to or compatible with the external material of the housing unit. Garage doors shall have a minimum width of fifteen feet except where two doors are provided, in which case the doors shall have a minimum width of eight feet.

L.

Encroachments into required yards shall be in conformance with Chapter 17.660.

M.

Vehicle storage shall be in conformance with Section 17.620.016.

N.

One and two-story unit mix for those units abutting the existing four residences on Fairview Avenue shall be as specified on the development plan and related exhibits.

O.

No more than fifty percent of the residences backing onto Dainty and Minnesota Avenues shall be two story with the remaining fifty percent to be one story.

P.

All homes within this development area shall require design and site development review as contained in Chapter 17.820.

Q.

Ten percent of the lots shall be side entry.

(Ord. 857 § 2, 2008)

==> picture [519 x 640] intentionally omitted <==

(Ord. 960 § 3, 2015)

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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Chapter 17.454 PD-4 (PLANNED DEVELOPMENT FOUR) ZONE (§ 17.454.001 – § 17.454.006)

The authority, purpose and intent for the adoption of the PD 4 (planned development four) zone are as follows:

A.

Authority. PD-4 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-4 zone is to permit and regulate the orderly development of the area in accordance with the Brentwood general plan.

C.

Intent. The zone district is intended to provide a neighborhood of single family homes on minimum ten thousand square foot lots and open space in conformance with the adopted general plan. The boundary of the PD-4 zoning district is as shown on the map in Section 17.454.006.

(Ord. 857 § 2, 2008)

Permitted uses in the PD 4 zone are those permitted within the R-1-E (single-family residential estate) zoning district in Title 17.

(Ord. 857 § 2, 2008)

Upon obtaining a use permit, those uses identified as conditionally permitted uses in the R-1-E (single-family residential estate) zoning district in Title 17 may be permitted in the PD-4 zone.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot area: Ten thousand square feet.

B.

Minimum lot width: Eighty-five feet.

C.

Minimum front yard: Twenty feet.

D.

Minimum side yard: Ten feet; the sum of both side yards, twenty five feet except as provided for in subsection (F)(2).

E.

Minimum rear yard: Thirty feet.

F.

Exceptions:

1.

Cul-de-sac lots or lots on curvilinear streets shall have a width of not less than eighty feet measured thirty feet from the front property line and no less than forty-foot width at the front property line.

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

G.

Maximum building height: No main building shall exceed the height of two stories and thirty feet and accessory buildings shall not exceed one story and fifteen feet.

(Ord. 857 § 2, 2008)

A.

Design and site development review shall be required for all housing units pursuant to Section 17.100.003.

B.

All housing units shall comply with the single-family residential design criteria identified in Section 17.100.004 except subsection (F) relative to eave overhang. The city may eliminate the eave overhang through the design and site development review process.

C.

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

D.

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

E.

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

F.

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

G.

Development shall be substantially in accordance with the development plan and related exhibits.

H.

Maximum number of dwelling units shall be one hundred ten.

I.

Any variations in the development plan, including, but not limited to, streets and lots, shall be in compliance with the Subdivision Map Act.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

Chapter 17.455 PD-5 (PLANNED DEVELOPMENT FIVE) ZONE (§ 17.455.001 – § 17.455.006)

The authority, purpose and intent for the adoption of the PD-5 (planned development five) zone are as follows:

A.

Authority. PD-5 (planned development five) 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-5 (planned development five) zone is to permit and regulate the orderly development of thirty-three acres of single-family homes and public uses, and ten acres of commercial uses in accordance with the Brentwood general plan.

C.

Intent. The intent of creating the PD-5 (planned development five) zone is to ensure the coordinated development of the entire property in order to minimize impacts on 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-5 zoning district and its subareas are as shown on the map in Section 17.455.006.

(Ord. 857 § 2, 2008)

A.

Residential Subarea A. The following uses are permitted in the PD-5 (planned development five), subarea "A" zone:

1.

Those uses which are permitted uses within the R-1 (single-family residential) zoning district of Title 17;

2.

Single-family dwelling units not exceeding a density of three and one-half dwelling units per gross acre excluding any affordable housing units;

3.

Attached or detached affordable housing units proposed in conformance with the city's adopted affordable housing ordinance.

B.

Commercial Subarea B. The following uses are permitted in the PD-5 (planned development five), subarea "B" zone:

1.

Convenience retail uses such as bakeries, pastry shops, coffee shops, book stores, 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, copy centers and similar uses;

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

6.

Restaurants and cafés (excluding drive-thrus);

7.

Financial institutions including banks, savings and loans, and similar uses which offer a wide range of services pursuant to the definition set forth in Section 17.030.030 of this code;

8.

General retail uses including appliance stores, hobby shops, sporting goods, clothing, auto parts stores and similar uses;

9.

Retail, service, and other permitted uses that conform to the city's noise ordinance pursuant to the definition set forth in Section 17.200.004 and Chapter 9.32 of this code as amended February 12, 2002.

(Ord. 857 § 2, 2008; Ord. 991 § 5, 2017)

A.

Residential Subarea A. The following uses are conditionally permitted in the PD-5 (planned development five), subarea A, zone and require the granting of a conditional use permit pursuant to Chapter 17.830 of this code:

1.

Those uses which are conditionally permitted uses within the R-1 (single-family residential) zoning district in Title 17.

B.

Commercial Subarea B. The following uses are conditionally permitted in the PD-5 (planned development five), subarea B, zone and require the granting of a conditional use permit pursuant to Chapter 17.830 of this code:

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.

Open storage or outdoor display of seasonal merchandise;

5.

All drive-through or drive-up establishments (subject to Chapter 17.655);

6.

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

(Ord. 857 § 2, 2008; Ord. 1089, 10/14/2025)

The following regulations shall apply to subarea A of the planned development zone:

A.

Detached Single-Family Units.

1.

Minimum lot area: Six thousand square feet;

Minimum lot width*: Sixty feet; 3. Minimum lot depth: Ninety feet; 4. Minimum lot frontage: Thirty-five feet;

Minimum front yard: Twenty feet to a front-facing garage; fifteen feet to any primary building wall, turn garage or porch;

6.

Minimum side yard: Five feet, with an aggregate of fifteen feet. All corner lots shall maintain a minimum side yard on the street side of ten feet;

Minimum rear yard: Twenty feet; 8.

Maximum building height: Two stories not exceeding thirty feet; 9.

Maximum lot coverage: Forty-five percent on one-story units and forty percent on two-story units.

Where lots are irregular in shape due to curvilinear street patterns, the minimum lot width shall be taken from a measurement thirty feet in from the front lot line.

Attached Duet Units.

Minimum lot area: Three thousand seven hundred feet;

Minimum lot width*: Thirty-six feet; 3.

Minimum lot depth: Ninety feet;

Minimum lot frontage: Thirty-five feet;

Minimum front yard: Twenty feet to a front-facing garage; fifteen feet to any primary building wall, turn garage or porch;

6.

Minimum side yard: Zero feet on common wall property line, with an aggregate of five feet. All corner lots shall maintain a minimum side yard on the street side of ten feet;

Minimum rear yard: Twenty feet;

Maximum building height: Two stories not exceeding thirty feet; 9.

Maximum lot coverage: Forty percent.

Where lots are irregular in shape due to curvilinear street patterns, the minimum lot width shall be taken from a measurement thirty feet in from the front lot line.

Attached Fourplex Airspace Unit.

Minimum lot area: Four hundred seventy-eight feet;

2.

Common lot minimum width*: One hundred feet;

3.

Common lot minimum lot depth: Eighty feet;

4.

Common lot minimum frontage: Eighty-five feet;

5.

Minimum front yard: Twenty feet to a front-facing garage; fifteen feet to any primary building wall, turn garage or porch;

6.

Minimum side yard: Zero feet on common wall property lines; five feet on any other side property line. All corner lots shall maintain a minimum side yard on the street side of ten feet;

7.

Minimum rear yard: Forty-five feet to include common drive and driveways;

8.

Maximum building height: Two stories not exceeding thirty feet;

9.

Maximum lot coverage: Forty percent.

The following regulations shall apply to sub-area B of the planned development zone:

D.

Commercial.

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 seven thousand five hundred square feet and a minimum lot width of seventy-five feet;

2.

Minimum street frontage: One hundred feet, except in the event of a subdivision pursuant to a master

planned shopping center where frontage is not required provided perpetual access is provided by easements;

3.

Minimum street frontage yards: Ten feet;

4.

Minimum non-street frontage yards: Ten feet, except in the event of a subdivision pursuant to a master planned shopping center where frontage is not required provided perpetual access is provided by easements;

5.

Maximum building height: The maximum height of all structures shall not exceed thirty-five feet except for architectural features (including roof elements) which can extend up to forty feet;

6.

Delivery hours: Supermarkets and drugstores shall restrict delivery hours to seven a.m. to ten p.m. daily. (Ord. 857 § 2, 2008; Ord. 872 § 2, 2009)

The following regulations shall apply to sub-area A of the planned development zone:

A.

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

B.

Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H) of this code; C.

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

D.

Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660 of this code;

E.

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

Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660 of this code; E. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660 of this code.

The	following regulations shall apply to sub-area B of the planned development zone:
A.	Of-street parking shall be provided in accordance with Chapter 17.620 of this code;
B.	The development standards within the PD-5 (planned development fve), commercial subarea B zone shall comply with Section 17.200.003 of this code;
C.	The performance standards within the PD-5 (planned development fve), commercial subarea B zone shall comply with Section 17.200.004 of this code;
D.	All signage for uses within the PD-5 (planned development fve), commercial subarea B zone shall be in accordance with the master sign program, as approved by the city of Brentwood;
E.	Prohibited uses within the PD-5 (planned development fve), commercial subarea B zone shall include gas station facilities and car washes, automobile and recreational vehicle sales, leasing, rentals and/or service and manufacturing.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)
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Chapter 17.456 PD-6 (PLANNED DEVELOPMENT SIX) ZONE (§ 17.456.001 – § 17.456.006)

The authority, applicable law, purpose and intent for the adoption of the PD (planned development six) zone are as follows:

A.

Authority. The PD-6 zone is adopted pursuant to the authority set forth in Brentwood Municipal Code 17.450, Planned Development Zones—General Regulations of the Brentwood Municipal Code.

B.

Applicable Law. "Brentwood Municipal Code" shall mean the Brentwood Municipal Code in effect at the time of adoption of the ordinance codified in this article.

C.

Purpose. The purpose of the PD-6 zone is to permit and regulate the development of three hundred twentysix and one-half acres to allow a mixture of uses, building Intensity and design characteristics, and variations in density that would not normally be permitted in a single use zone. Lands designated in the Sand Creek Development (SPA D) Plan include single-family and multifamily residential, regional commercial, office/commercial, parks and public facilities.

D.

Intent. It is intended that, in order to achieve the purpose of the PD-6 zone of implementing a master planned development with commercial, office, residential, parks and public facilities in conformance with the Sand Creek Development (SPA D) Plan, development within the PD-6 zone shall be in such accordance by inclusion of land uses generally conforming to the locations and allocations shown in Section 17.456.006.

The boundaries of the PD-6 zoning district and its subareas are as shown on the map in Section 17.456.006. (Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

The following is a list of the permitted and conditional uses allowed within the project site. The symbols used will denote the following:

P = Permitted
C = Conditional
--- = Prohibited
	PD-6—PERMITTED USES AND CONDITIONALLY PERMITTED USES
Uses	LDR	MDR	HDR	Park/O.S./Public Facility	Regional Commercial	P.A. 1 Ofce Commercial	P.A. 7 Ofce Commercial
Accessory Uses	P	P	P	P	P	C	C
Agricultural Employee Housing—6 or fewer persons	P	P	---	---	---	---	---
Alternative Fuel Station	---	---	---	---	C1P	---	---
Arcades, Game	---	---	---	C	C	C	C

	PD-6—PERMITTED USES AND CONDITIONALLY PERMITTED USES
Uses	LDR	MDR	HDR	Park/O.S./Public Facility	Regional Commercial	P.A. 1 Ofce Commercial	P.A. 7 Ofce Commercial
Auto Service Station	---	---	---	---	C1P	---	---
Bakeries	---	---	---	---	P	P	C
Bar, Tavern, Cocktail Lounge	---	---	---	---	P	P	---
Barber and Beauty Salon	---	---	C	---	P	P	P
Book Stores	---	---	---	---	P	P	P
Camera Stores	---	---	---	---	P	P	P
Car Wash	---	---	---	---	---	---	---
Child Care Centers	C	C	C	C	P	P	C
Churches	C	C	C	C	---	C	C
Commercial Recreation	---	---	---	C	P	P	P
Conference/ Convention Facilities	---	---	---	---	P	P	C
Convalescent Home	---	---	C	---	---	C	---
Convenience, Liquor Store	---	---	---	---	C	C	---
Department Store	---	---	---	---	P	P	---
Drug Store	---	---	---	---	P	P	C
Dry Cleaners	---	---	---	---	P	P	C
Financial Institutions	---	---	---	---	P	P	P
Firehouse	C	C	C	P	P	P	p
Florist	---	---	---	---	P	P	P
Galleries	---	---	---	---	P	P	P
Gift Shop	---	---	---	---	P	P	P
Golf Course	---	---	---	---	---	---	---
Health Clubs	C	C	C	P	P	P	---

	PD-6—PERMITTED USES AND CONDITIONALLY PERMITTED USES
Uses	LDR	MDR	HDR	Park/O.S./Public Facility	Regional Commercial	P.A. 1 Ofce Commercial	P.A. 7 Ofce Commercial
Home Care—6 people or less	P	P	P	---	---	---	---
Home Care— more than 6 people	C	C	C	---	---	---	---
Home Occupations	C	C	C	---	---	---	---
Hospitals	---	---	---	---	C	C	---
Hotel	---	---	---	---	P	P	C
Industry	---	---	---	---	---	---	---
Libraries	---	---	---	C	P	P	P
Manufacturing	---	---	---	---	---	---	---
Model Home Sales Complex	C	C	C	---	---	---	---
Motels	---	---	---	---	---	---	---
Movie Theatre	---	---	---	---	P	P	---
Museum	---	---	---	---	---	P	P
Ofces, Business, Professional	---	---	---	---	P	P	P
Parks and Playgrounds	C	C	C	P	C	P	P
Photo Development	---	---	---	---	P	P	P
Post Ofce	---	---	---	C	C	P	P
Residential— detached	P	P	P	---	---	C	---
Residential— attached	---	P	P	---	---	C	---
Residential Care Facilities, regardless of size and occupancy	P	P	---	---	---	---	---
Restaurants— sit down	---	---	---	---	P	P	C

		PD-6—PERMITTED USES AND CONDITIONALLY PERMITTED USES
Uses		LDR	MDR	HDR	Park/O.S./Public Facility	Regional Commercial	P.A. 1 Ofce Commercial	P.A. 7 Ofce Commercial
Restaurants— drive-through		---	---	---	---	C2	---	---
Retail and Service Businesses		---	---	---	---	P	P	C
Schools— private		C	C	C	C	---	---	---
Supermarket		---	---	---	---	P	P	---
Utility Buildings and Facilities		C	C	C	C	---	---	---
Vehicle Sales, Leasing and Rentals		---	---	---	---	P	P	C
Vehicle Repair		---	---	---	---	C	C	---
Veterinary Services		---	---	---	---	C	C	C
Notes:
1	Stand-alone auto and alternative fueling and auto service stations are conditionally permitted; auto and alternative fueling stations that are accessory uses to an anchor retailer as the principal use are permitted.
2	Subject to Chapter 17.655.

For any uses not specifically listed above, the director of community development shall make a determination as to whether it shall be permitted, conditionally permitted or prohibited in the planning area. (Ord. 857 § 2, 2008; Ord. 899 § 2, 2012; Ord. 1013 § 2, 2020; Ord. 1078, 12/10/2024; Ord. 1084, 3/11/2025; Ord. 1089, 10/14/2025)

STANDARD	LDR	MDR	HDR	PARK/O.S./PUBLIC FACILITY	REGIONAL COMMERCIAL	OFFICE COMMERCIAL
Avg. Density per Land Use (DU/AC)	3.5	8.4	14.7	-	-	-
Min. Lot Size (lot sizes per PA vary)	6,000	4,000	5.0 AC	5.0 AC	5,000 SF	5,000 SF
Max. building height (feet/ stories)	35/2	35/2	36/3	-	50/3(10)	60/4
Min. lot width (feet)	60(7)	45	100	no min.	no min.	no min.
Min. lot depth (feet)	80	80	no min.	no min.	no min.	no min.
Min. front yard required (8)	20/10 side entry	20(9)	20(4)	no min.	-	-

STANDARD	STANDARD	LDR	MDR	HDR	PARK/O.S./PUBLIC FACILITY	REGIONAL COMMERCIAL	OFFICE COMMERCIAL
		garages
Min. side yard required (feet) (ten feet minimum on all corner lots)		5/15 total	5/12(3)	10	-	10	10
Minimum rear yard required (feet)		20	20	(5)	-	(6)	(6)
Min. width at culs and knuckles		30	30	-	-	-	-
Notes:
1.	(-) not applicable
2.
3.	Zero lot lines are permitted so long as minimum distance between buildings is ten feet.
4.	Front yard setback shall be fully landscaped.
5.	Rear yard setback shall be twenty feet, with a minimum fve feet of landscaping at the property line. Where the rear yard faces a street, a minimum setback of ten feet, fully landscaped, shall be required.
6.	Where the rear yard adjoins a street, the minimum setback shall be twenty-fve feet, fully landscaped. Where the rear yard abuts a residential property line, the setback shall be ffty feet, of which a minimum of twenty feet shall be landscaped adjacent to the property line.
7.	Where side entry garages are proposed, minimum lot widths may be reduced to ffty-fve feet.
8.	Setback shall be measured from the property line.
9.	Porches require a minimum ten feet setback in the front yard.
10.	Maximum building height for hotels is sixty feet per four stories. For all other uses, maximum building heights are as stated in the table.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

In no case shall residential densities or total permitted units per planning area exceed ten percent over the

number shown below, neither shall the total units of the project area exceed one thousand two hundred thirty-four total units, so long as the density does not exceed the maximum permitted under the zoning category. Total units permitted by planning area and average density shall be determined as follows:

Area	Designation	Acreage	Avg. Density	Total Units	Min. Lot Size
PA 7	High Density	7.0	15.7	110	--
PA 11	High Density	11.5	14.1	163
	Subtotal	18.5 ac.	15.6/AC	273
PA 6	Medium Density	26.0	9.6	255	Attached
PA 10	Medium Density	12.7	10.1	129	Attached
PA 15	Medium Density	15.0	6.2	93	4,000 SF

Area	Designation	Acreage	Avg. Density	Total Units	Min. Lot Size
PA 21	Medium Density	9.5	6.5	69	4,000 SF
	Subtotal	63.2 ac.	8.6/AC	546.0
PA 5	Low Density	13.5	3.4	47	7,000 SF
PA 9	Low Density	13.0	3.9	51	5,000 SF
PA 16	Low Density	25.0	3.8	97	6,000 SF
PA 17	Low Density	40.0	3.8	152	6,000 SF
PA 18	Low Density	125.0	1.7	22	10,000 SF
PA 20	Low Density	7.0	3.7	26	8,000 SF
PA 22	Low Density	75.0	2.6	20	8,000 SF
	Subtotal	118.5 ac.	3.5/AC	415.0
Total Residential		200.2 net acres			1,234 DUs

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

A.

Except as otherwise specified in regulations with this document, development of the PD-6 zone shall be in accordance with existing city standards as contained in Brentwood Municipal Code Chapters 17.200 through 17.300.

B.

Lot sizes may vary with each planning area so long as minimum requirements contained in the zoning and development standards of this title are satisfied and the total number of units per planning area is not exceeded.

C.

Development applications within all planning areas shall comply with the Brentwood Municipal Code in respect to development and performance standards, landscaping and screening, parking, signage, lighting and design and site development review.

D.

Residential development adjacent to planning area four, Neighborhood Park and Sand Creek Regional Trail, must include a solid masonry wall and/or a view fence of consistent design treatment where backyard or side yard conditions abut the open space area. As an alternative, streets may also front on the open space area. E.

Where the Sand Creek Regional Trail crosses any streets, at grade crossings may occur provided signage, striping and other appropriate traffic control devices are installed.

F.

Improvements and conveyance of land for the purposes of implementing the Sand Creek Regional Trail shall be in accordance with the city's adopted trails master plan.

Minor modifications to planning area boundaries may be approved by the director of community development.

Development applications, such as subdivision maps, which incorporate common areas shall be accompanied by landscape plans for the common area.

I.

Prior to final map approval of the first implementing subdivision map, a concept plan shall be prepared and submitted to the city showing designs, location, size, materials, colors and appearance for all entry monumentation and landscaping, including city entry signage.

J.

The development area shall include a total of ten usable acres of neighborhood park area, the payment of in lieu fees, or a combination thereof, as required by the city's park master plan. Park sizes, locations and configurations in the land use plan are deemed acceptable. Facilities to be included in each park shall be in conformance with the city's parks master plan.

K.

Should an offer of dedication of land for park purposes be not accepted by the city, the applicant shall establish a permanent master maintenance organization, acceptable to the city, to assume ownership and maintenance responsibility for all common areas. The organization may be public or private, or a combination of both.

L.

Planning areas seven and eleven are designated as a candidate site for an affordable housing project, in accordance with the city's housing element of the general plan. A minimum five-acre site within one of these two areas will be reserved for city acquisition to insure the provision of housing to meet the city's needs for elderly, disabled, and lower income households.

M.

Potential park and ride sites are designated for planning areas one, two, three and eighteen. The community park could also satisfy the need for a park and ride site. A park and ride lot will vary between one half to one acre in size and typically include twenty to thirty spaces that are clearly set aside for that purpose, although they may also be shared with office, commercial, worship center and/or other institutional or park uses. When shared, park and ride lots should be located so as to not interfere with normal business operations of adjacent uses. As SPA "D" is subdivided and/or projects are developed, a more precise location for park and ride lots will be determined.

N.

Bus turnouts shall be provided at major intersection locations to accommodate future bus service in the area. As development is proposed, project plans will be reviewed by Tri-Delta Transit to insure appropriate design and location of bus turnouts and bus shelters.

O.

In accordance with the city's community design policy of minimizing the use of soundwalls along thoroughfares, developments within SPA "D" should be designed with a combination of earth berms, extensive landscaping, decorative wall features, stepped wall patterns, and other design features aimed at minimizing the visual impact of the soundwall.

P.

Where lots back up to major thoroughfares, rear yard architectural elevations should be designed with enhanced window trim and other features such as balconies and trellises to provide greater articulation and variety. If possible, mixing hip and gable roof forms and one and two story elevations is encouraged. (Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

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(Ord. 960 § 4, 2015; Ord. 996 § 2, 2018; Ord. 1013 § 2, 2020)

Chapter 17.457 PD-7 (PLANNED DEVELOPMENT SEVEN) ZONE (§ 17.457.001 – § 17.457.006)

The authority, purpose and intent for the adoption of the PD-7 (planned development seven) zone are as follows:

Authority. PD-7 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-7 zone is to permit and regulate the orderly development of single-family detached homes in accordance with the Brentwood general plan. The boundary of the PD-7 zoning district is as shown on the map in Section 17.457.006.

(Ord. 857 § 2, 2008)

Permitted uses in the PD-7 zone are those permitted under R-1 (single-family residential) zoning district in Title 17.

(Ord. 857 § 2, 2008)

Conditionally permitted uses are those uses identified in the R-1 zoning district in Title 17, which are subject to the granting of a conditional use permit by the city.

(Ord. 857 § 2, 2008) The following regulations shall apply to the planned development zone:

Minimum lot area: Seven thousand five hundred square feet

B. Minimum front yard: Twenty feet. C. Minimum lot width: Sixty-five feet.

D.

Minimum lot frontage: Thirty-five feet. E.

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

F.

Minimum rear yard: Twenty feet.

G.

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

1.

Corner lots shall maintain a minimum side yard on the street side of ten feet. (Ord. 857 § 2, 2008) A.

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

B.

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

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

D.

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

E.

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

F.

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

G.

Maximum number of dwelling units shall be seventy-two.

H.

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

I.

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

J.

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

K.

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

L.

Variations in the development plan including street and lot pattern may be approved through the subdivision map process.

M.

Lots 3, 4, 10, 11, 23, 24 and 30 shall be single story. A minimum of fifty percent of the homes abutting Fairview Avenue and Balfour Road shall be single story.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)
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Chapter 17.458 PD-8 (PLANNED DEVELOPMENT EIGHT) ZONE (§ 17.458.001 – § 17.458.006)

The authority, purpose and intent for the adoption of PD-8 (planned development eight) zone are as follows: A.

Authority. PD-8 (planned development eight) zone is adopted pursuant to the authority set forth in Chapter 17.450.

B.

Purpose. The purpose of the PD-8 (planned development eight) zone is to permit and regulate the development of single-family detached homes and public uses in accordance with the Brentwood general plan. The boundary of the PD-8 zoning district is as shown on the map in Section 17.458.006. (Ord. 857 § 2, 2008)

Permitted uses in PD-8 zone are those uses permitted in the R-1 zoning district in Title 17. (Ord. 857 § 2, 2008)

Conditionally permitted uses are those uses identified in the R-1 zoning district in Title 17, which are subject to the granting of a conditional use permit by this city.

(Ord. 857 § 2, 2008)

The following regulations shall apply to the planned development eight zone:

Minimum lot area: Five thousand square feet;

B.

Minimum lot width: Fifty-five feet;

C.

Minimum front yard: Twenty feet. At the time of design review, alternate front yard set back may be approved as follows:

1.

The minimum front yard setback shall be eighteen feet, provided the average front yard setback from each block face shall not be less than twenty feet;

2.

Notwithstanding subsection (C)(1) of this section, the distance from a garage door to the sidewalk shall not be less than twenty feet,

3.

Covered entries and other similar features may project to within fifteen feet of the front property line provided the setback of the wall plane of the dwelling is a minimum of eighteen feet;

Minimum lot frontage: One-half the required lot width;

E.

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

F.

Minimum rear yard: The minimum back yard setback shall be twenty feet with the exception to lots abutting Balfour Road, which shall be a minimum of eighteen;

G.

Maximum building height limit: No main building shall exceed thirty feet in height;

Exceptions:

1.

The lot width for lots on culs-de-sac, curvilinear streets, etc. shall be measured thirty feet from the front property line,

2.

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

(Ord. 857 § 2, 2008)

A.

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

B.

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

C.

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

D.

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

E.

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

F.

The development of the PD-8 zone district shall be substantially in accord with the development plan and related exhibits.

G.

The maximum number of dwelling units shall be one hundred ninety-seven.

H.

Variations in the development plan (including street and lot pattern) may be approved through the subdivision map process.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)
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Chapter 17.459 PD-9 (PLANNED DEVELOPMENT NINE) ZONE (§ 17.459.001 – § 17.459.006)

The authority, purpose and intent for the adoption of the PD-9 (planned development nine) zone are as follows:

A.

Authority. PD-9 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-9 zone is to permit and regulate the orderly development of the area shown on the development plan and related exhibits, in accordance with the Brentwood general plan.

C.

Intent. The zoning district is intended to provide a neighborhood of single-family houses on minimum thirteen thousand square foot lots in conformance with the Brentwood general plan. The boundary of the PD-9 zoning district is as shown on the map in Section 17.459.006.

(Ord. 857 § 2, 2008)

The permitted uses in the PD-9 zone are those uses permitted within the R-1-E (single-family residential estate) zoning district in Title 17, except the "parks and playgrounds" are added as permitted uses. (Ord. 857 § 2, 2008)

Upon obtaining a conditional use permit pursuant to Chapter 17.830, those uses identified as conditionally

permitted uses in the R-1-E (single-family residential estate) zoning district in Title 17, may be permitted in the PD-9 zone.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below:

A.

Minimum lot area: thirteen thousand square feet;

B.

Minimum lot width: ninety feet;

C.

Minimum front yard: twenty feet;

D.

Minimum side yard: ten feet; the sum of both side yards, twenty-five feet except as provided for in subsection (F)(2) of this section;

E.

Minimum rear yard: thirty feet;

F.

Exceptions:

1.

Cul-de-sac lots or lots on curvilinear streets shall have a width of not less than eighty feet measured thirty feet from the front property line and no less than forty foot width at the front property line,

Corner lots shall maintain a minimum side yard on the street side of fifteen feet; G.

Maximum building height: no main building shall exceed the height of two stories and thirty-five feet and accessory buildings shall not exceed one story and fifteen feet.

(Ord. 857 § 2, 2008)

A.

Design and site development review shall be required for all housing units pursuant to Section 17.100.003.

B.

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

C.

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

D.

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

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

All housing units shall comply with the single-family residential design criteria identified in Section 17.100.004.

G.

Development shall be substantially in accordance with the development plan and related exhibits. H.

Maximum number of dwelling units shall be one hundred twenty-seven.

I.

Minor variations in the development plan may be approved through the subdivision map process. (Ord. 857 § 2, 2008)

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(Ord. 960 § 5, 2015)

Chapter 17.460 PD-10 (PLANNED DEVELOPMENT TEN) ZONE (§ 17.460.001 – § 17.460.007)

The authority, purpose and intent for the adoption of the PD-10 (planned development ten) zone are as follows:

A.

Authority. PD-10 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-10 zone is to permit and regulate the development of that portion of the Planned Employment Center/Specific Plan Area No. One as designated by the city community development plan and area designated as commercial/manufacturing/residential by the redevelopment plan for the Brentwood redevelopment project, which is encompassed by the Brentwood TownCentre master plan. C.

Intent. It is intended that in order to achieve the purpose of the PD-10 zone of implementing the development of a planned employment center in conformance with the Brentwood community development plan and

redevelopment plan and in accordance with the Brentwood TownCentre master plan, said zone shall be divided into five subareas as geographically designated on the development plan and related exhibits and as further described below. The primary character of the area is intended to be a mix of commercial, office and residential uses. Light industrial and service uses may be allowed, provided that they are found compatible with the primary uses. The boundaries of the PD-10 zoning district and its subareas are as shown on the map in Section 17.460.007.

1.

Subarea A consists of approximately 12.2 net acres intended for the development of an approximate one hundred thirty thousand square foot commercial shopping center to serve the everyday shopping needs of the Brentwood community. The shopping center will provide for the development of a major retail food store, drugstore, convenience and service retail uses, restaurants, banks and other such uses typically provided for within a neighborhood or community shopping center;

2.

Subarea B consists of approximately ten net acres intended for the development of approximately one hundred thirty thousand square feet of light industrial uses, heavy commercial uses, service and convenience retail uses; and an approximate eighty thousand square foot self-storage facility and similar compatible uses to serve the needs of the Brentwood community;

3.

Subarea C consists of approximately 6.1 net acres intended for the development of a mixture of approximately thirty-five thousand to seventy-five thousand square feet of commercial, and/or up to one hundred twenty-three (or greater with density bonus in accordance with Government Code Section 65915 et seq.) high-density residential units generally consistent with the intent of the high density multifamily residential (R-3) and/or the commercial residential (CR) zone, Chapters 17.150 and/or 17.240. Prior to the issuance of building permits for those units to be constructed in Area C3 as shown on the development plan and related exhibits, the developer and the city shall enter into an agreement for the realignment, design, financing and reconstruction of Central Boulevard at the approximate intersection with Second Street. The purpose of this realignment is to increase existing radii and site distances thereby improving traffic and intersection characteristics and improving vehicular travel speeds;

4.

Subarea D consists of approximately 5.53 net acres intended for the development of up to one hundred ten high-density residential dwelling units generally consistent with the high-density, multifamily residential (R-3) zone, Chapter 17.150;

5.

Subarea E consists of approximately 5.7 net acres intended for the development of approximately eighty-five thousand square feet of administrative and professional offices and related uses to serve the office needs of the Brentwood community and/or for the expansion of existing contiguous office, commercial or auto sales facilities.

(Ord. 857 § 2, 2008)

The following uses are permitted within the PD-10 zone:

A. Subarea A. The following uses shall be permitted within this subarea:

1.

General retail sales (excluding uses without outdoor storage or display), financial institutions, professional offices uses; veterinarian or pet store (excluding kennels), supermarket and drugstores;

Service uses including, but not limited to, banks, addressing and mailing service, appliance, television and radio repair; barber or beauty shop; butcher, meat market, including frozen food locker; shoe repair, laundromat, dry cleaners and similar uses;

3.

Similar uses subject to the approval of the zoning administrator.

B.

Subarea B. The following uses shall be permitted within this subarea:

1.

Commercial uses or retail sales including, but not limited to, auto rental, leasing or sales, auto service and repair facility, boat and recreational vehicle sales, service and repair facility, parts and accessory store, home improvement, garden supply or nursery, factory outlet retail facilities and similar retail uses requiring or best suited for operation within a warehouse-type facility, commercial uses which may or may not manufacture their primary product on the premises such as drapery shop, cabinet shop, upholstery shop, veterinary clinic, kennel and similar uses;

2.

Business services such as laundry, dry cleaning, automotive repair or service establishments such as electronic, clock or watch repair, small equipment rental or repair, health club, reducing studio, recreation club and similar facilities;

3.

Office uses which are supplementary to industrial, business or commercial uses, public and quasi-public offices such as government offices, employment office, or utility office;

4.

Similar uses subject to the approval of the zoning administrator. C.

Subarea C. The following uses shall be permitted within this subarea:

1.

Commercial uses or services such as beauty shop, barber shop, shoe repair, laundromat, community or residential care facility, convenience retail uses such as bakery, pastry shop, bookstore, candy or ice cream store, apparel and accessory store, stationery store, drugstore or pharmacy, food store and similar establishments;

2.

Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, real estate and similar professional and general business offices;

3.

Financial institutions;

4.

Residential uses consisting of apartments, condominiums or townhomes at a density of twenty units per acre;

5.

6.

Similar uses subject to the approval of the zoning administrator. D.

Subarea D. The following uses shall be permitted within this subarea:

1.

Apartments, condominiums, townhouses and attached single-family homes not exceeding a density of sixteen dwelling units per gross acre;

2.

Rooming and boarding subject to Section 17.650.003;

3.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

4.

Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Section 17.850;

5.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

6.

7.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.

E.

Subarea E. The following uses shall be permitted within this subarea:

1.

Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, real estate, medical, dental, dental laboratory, optical and other professional and general business offices; 2.

Financial institutions;

3.

4.

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

5.

Similar uses subject to the approval of the zoning administrator.

(Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-10 zone:

A.

Subarea A. The following uses shall be conditionally permitted within this subarea:

1.

On- or off-sale liquor establishments, recreation services such as bowling alley, skating rink and similar uses; 2.

All drive-in, drive-through establishments (subject to Chapter 17.655), building materials, garden supply, outdoor sales or display;

3.

Restaurants;

4.

B.

Subarea B. The following uses shall be conditionally permitted within this subarea:

1.

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;

2.

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

3.

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

4.

All drive-in, drive-through establishments (subject to Chapter 17.655) and all on- and off-sale liquor facilities;

5.

Churches;

6.

Other uses that the zoning administrator 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.

C.

Subarea C. The following uses shall be conditionally permitted within this subarea:

1.

Medical or dental laboratories, medical or dental office or clinic, funeral services and crematorium;

2.

Liquor establishments, restaurants, health club, reducing studio, recreational club, drive-in or drive-through establishments related to a permitted use (subject to Chapter 17.655);

3.

Residential projects requesting a density bonus in accordance with city and state guidelines and regulations;

4.

Community or large residential care and day care facilities subject to locational criteria adopted by the planning commission of the city.

D.

Subarea D. The following uses shall be conditionally permitted within this subarea:

1.

Residential projects with a density exceeding sixteen dwelling units per gross acre; however, no project shall exceed the maximum density of twenty dwelling units per gross acre;

Residential projects requesting a density bonus in accordance with city and state guidelines and regulations;

3.

Public facilities including parks, playgrounds, public schools and other public buildings;

4.

Churches and religious institutions and parochial or private schools;

5.

6.

Community or large residential care and day care facilities subject to locational criteria adopted by the planning commission of the city;

7.

Duplexes and triplexes.

E.

Subarea E. The following uses shall be conditionally permitted within this subarea:

1.

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

2.

Health club, reducing studio, recreational club, restaurant/lounge, and similar uses;

3.

Funeral services, mortuary, crematorium, drug store or pharmacy associated with medical uses, drive-in or drive-through use related to a permitted use in the zone, excluding drive-in or drive-through restaurants. F.

Subarea E-1. The expansion of existing contiguous commercial or auto sales facilities shall be conditionally permitted within this subarea.

(Ord. 857 § 2, 2008; Ord. 1087, 8/12/2025; Ord. 1089, 10/14/2025)

A.

All nonresidential permitted and conditionally permitted uses developed within subareas A, B, C and E shall conform to the development standard set forth as follows:

		Non-Residential Uses
Area	A	B	C	E and E-1
Minimum lot area	15,000 sf	10,000 sf	6/ac unless Master Plan approved, then 10,000 sf	10,000 sf
Minimum lot width	100 ft.	50 ft.	50 ft.	100 ft.
Public street frontage setback	10 ft.	10 ft.	10 ft.	10 ft.
Nonpublic street frontage setback	0 ft.	0 ft., but 10 ft. up to 2 stories, 5 ft. ea. additional story	10 ft., 5 ft. additional for each	10 ft., 0 ft. if within or contiguous to subarea E-1

			Non-Residential Uses
Area		A	B	C	E and E-1
			if abutting residential	story over one, if abutting residential
Maximum height*		2 stories, 35′	2 stories, 35′	2 stories, 35′	2 stories, 35′
Average. foor area ratio for subarea**		1:4	1:2	1:4	1:3
Notes:
*	Structures greater than two stories or thirty-fve feet may be permitted, subject to conditional use permit approval.
**	Greater foor area ratios may be approved by conditional use permit.

Other development standards:

1.

Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures to city standards and specifications;

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;

3.

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

4.

Open Storage or Display. Open storage and/or outdoor display of merchandise is prohibited in the

commercial zones unless expressly provided for in an individual zone by a conditional use permit;

5.

Open Storage or Display: Area E1. Open storage or display of new or used vehicles shall be allowed within area E1. The expansion of auto-related uses into the E1 area shall give the appearance of a parking lot rather than an auto repair/body shop area;

6.

Advertising Signs. All signs shall be subject to Chapter 17.640 and the Brentwood TownCentre master sign program;

7.

Landscaping and Screening—Areas A, B, C and D. All facilities constructed before September 10, 1991 or constructed pursuant to city approval granted before September 10, 1991 shall provide landscaping and screening in accordance with Chapter 17.630. All facilities approved after September 10, 1991 shall provide landscaping and screening in accordance with Chapter 17.630, except as follows: the minimum width of landscaping along a public street shall be twenty feet; the average width of landscaping for each parcel shall be twenty-five feet. The width shall be measured from face of curb to the edge of a building or parking lot. A public sidewalk shall be included within the required width;

8.

Landscaping and Screening: Areas E and E1. A ten-foot wide landscape buffer shall be incorporated along the boundary line separating the E and E1 areas. Plantings within this buffer shall consist of those items

which will create an opaque screen so as to visually separate the uses on the area E and E1 properties. This ten-foot area may be totally on one property or the other or it may straddle the line created between the areas. A block wall a minimum of six feet in height shall be constructed within this ten-foot landscaped area to assist in the screening process;

9.

Yards. All required yards shall be utilized for landscaping only, except for access drives to the property. Architectural features may project in to any required yard pursuant to the provisions of Chapter 17.660;

10.

Accessory structures and buildings shall be permitted pursuant to the provisions of Chapter 17.660; 11.

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

12.

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

13.

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. Masonry walls shall be utilized for screening areas visible from a public street while chain link with view-obscuring slats or other fencing materials, other than wood, may be used for screening areas not visible from a public street.

B.

All permitted and conditionally permitted uses developed within subarea D and residential uses developed within subarea C shall conform to the development standards set forth below:

1.

Minimum lot area: one acre except that a master planned project, approved by the city with a conditional use permit, may be subdivided into parcels having a minimum lot area of ten thousand square feet; 2.

Minimum lot width: seventy-five feet;

3.

Minimum front yard: ten feet;

4.

Minimum side yards: five feet; sum of both sides: fifteen feet;

5.

Minimum rear yard: twenty feet. Corner lots shall maintain a side yard on the street side of ten feet;

6.

Maximum allowable density: The maximum density shall be twenty dwelling units per gross acre; 7.

Maximum building height limit: three stories, not to exceed thirty-six feet;

8.

Parking: parking shall be provided in accordance with Chapter 17.620.007;

9.

Usable open space: residential projects shall provide and maintain private and shared open space equivalent to forty-five percent of the net lot area excluding all parking and access driveways;

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

11.

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

12.

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

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses developed within subareas, A, B, C and E 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:

Industrial and warehouse—75 dBA

Retail, commercial, office, schools—65 dBA;

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. 3-1994, American Standards Association, Inc., New York, NY, and American Standard Specification for an OctaveBank 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.

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 55 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 outdoors only in closed containers.

G.

Electrical and Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point, 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.

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 Brentwood TownCentre.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

Chapter 17.461 PD-11 (PLANNED DEVELOPMENT ELEVEN) ZONE (§ 17.461.001 – § 17.461.006)

The authority, purpose and intent for the adoption of the PD-11 (planned development eleven) zone are as follows:

A.

Authority. The PD-11 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-11 zone is to permit and regulate the orderly development of 5.18 acres located generally between Sycamore Avenue and Spruce Street, east of Brentwood Boulevard, with highdensity residential uses in accordance with the Brentwood general plan, for a maximum of sixty-six lots.

C.

Intent. The intent of creating the PD-11 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent areas, while providing for needed housing. The boundary of the PD11 zoning district is as shown on the map in Section 17.461.006.

(Ord. 857 § 2, 2008)

The following uses are permitted in the PD-11 zone:

A.

Single-family dwelling units not exceeding a density of 12.7 units per gross acre for a maximum of sixty-six units;

B.

Parks, playgrounds, and recreational trails; and

C.

Those uses permitted under the R-1 zone, Section 17.130.002 of the zoning ordinance.

(Ord. 857 § 2, 2008)

The following uses are conditionally permitted in the PD-11 zone:

A.

Those uses conditionally permitted under the R-1 zone, Section 17.130.003 of the zoning ordinance. (Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses developed within the PD-11 zone shall comply with the following regulations:

A.

Minimum lot area: One thousand eight hundred eighty-five square feet.

Minimum lot width: Twenty-eight feet.

C.

Minimum lot depth: Sixty-seven feet.

D.

Minimum front yard setback: Nine feet for living space and three feet for porches.

E.

Minimum side yard setback: Three feet; except that corner lots on the street side shall maintain a minimum side yard setback of five feet to living space and porches.

Minimum rear yard setback: Five feet for garages.

G.

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

H.

Maximum lot coverage: Sixty percent.

I.

Maximum number of units: Sixty-six. (Ord. 857 § 2, 2008)

A.

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

B.

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

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

D.

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

E.

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660, with the exception that no feature may project into the minimum front yard setback.

F.

The development of the PD-11 zone shall be substantially in accordance with the approved development plan. Variations in the development plan, including street and lot pattern, may be approved through the subdivision map process.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

Chapter 17.462 PD-12 (PLANNED DEVELOPMENT TWELVE) ZONE (§ 17.462.001 – § 17.462.006)

The authority, purpose, and intent for the adoption of the PD-12 (planned development twelve) zone is as follows:

A.

Authority. PD-12 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-12 zone is to permit and regulate development of a portion of the planned development/specific plan area No. 3 as designated by the city of Brentwood general plan and planned employment as designated by the Brentwood redevelopment plan.

C.

Intent. In order to achieve the purpose of the PD-12 zone in implementing the development of a planned employment center in accordance with the city's general and redevelopment plan, such zone district shall be divided into three subareas as designated on the development plan and related exhibits and as further described in this chapter. The primary uses intended for this area shall consist of thoroughfare commercial, commercial office and industrial commercial land uses. The boundaries of the PD-12 zoning district and its subareas are as shown on the map in Section 17.462.006.

1.

Subarea A consists of 16.01 net acres intended for thoroughfare and general commercial uses. This area would provide for the development of automotive, retail, restaurants and other such uses which cater to the use of the automobile.

2.

Subarea B consists of 5.87 net acres intended for commercial-office and a limited amount of light industrial uses. This area would also provide for commercial uses which are supplementary to light industrial uses, certain light industrial uses and office uses.

3.

Subarea C consists of 47.88 net acres intended for industrial-commercial uses. This area would provide for automotive, storage, lumber yards and light industrial uses.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

The following uses are permitted within the PD-12 zone:

A.

Subarea A. The following uses shall be permitted within this subarea:

1.

General retail sales, professional office uses; veterinarian or pet store, excluding kennels;

2.

Service uses, including, but not limited to, addressing and mailing service; appliance, television and radio repair; barber or beauty shop; butcher, meat market, including frozen food locker; shoe repair, laundromat, dry cleaners and similar uses;

3.

Hotel, auto sales, boat sales, parts and accessory store, camper or recreational vehicle sales, mobile or manufactured housing sales, home improvement center with or without lumber sales, garden supply store or nursery and similar uses involving outdoor sales subject to design controls;

Similar uses subject to the approval of the zoning administrator.

B.

Subarea B. The following uses shall be permitted within this subarea:

1.

Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, real estate, medical, dental, optical and other professional and general business offices;

2.

Financial offices, including banks, savings and loans and mortgage companies but excluding drive-in and drive-through facilities;

3.

Business services such as laundry, dry cleaning or service establishments such as electronic, clock, watch repair, health club, reducing studio, recreational club and similar uses;

4.

Similar uses subject to the approval of the zoning administrator.

C.

Subarea C. The following uses shall be permitted within this subarea:

1.

Light industrial uses which generate minimal noise, odor, smoke, waste material, and similar items which may negatively impact the environment are permitted. Such uses include small assembly plants, printing establishments, contractor storage yards and similar uses;

2.

3.

Commercial uses which may or may not manufacture their product on the premises such as drapery shop, cabinet shop, upholstery shop and similar uses;

4.

Business and professional office uses;

5.

Warehouse, distribution and wholesale;

6.

Research and development space which includes office, support, light industrial and warehouse/research areas (flex tech);

7.

Similar uses subject to the approval of the zoning administrator.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

The following uses are conditionally permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A.

Subarea A. The following uses shall be conditionally permitted within this subarea:

1.

Auto service station, alternative fuel station, auto repair (tires, brakes, etc., but excluding auto body), auto rental and leasing agency, all on and off-sale liquor facilities, card and gaming room, dance hall, bowling

alleys and similar commercial recreational uses, restaurants, new and used equipment rental, hospital, truck and trailer rental, vocational or trade school;

2.

All drive-in, drive-through establishments (subject to Chapter 17.655);

3.

Public and quasi-public uses;

4.

Other uses that the zoning administrator determines, because of the type of operation, material stored or sold, or other special circumstances, requires special consideration and conditioning through the conditional use permit process.

B.

Subarea B. The following uses shall be conditionally permitted within this subarea: 1.

Retail-commercial uses which may or may not manufacture their primary product on the premises and are supplementary to the main use on the property such as a drapery shop, carpet shop, upholstery shop, and similar uses;

2.

Office uses which are supplementary to an industrial, business, or commercial use permitted within subarea B;

3.

Financial institutions when less than three such uses are located in the CB district, at the time of application for a discretionary approval by the city or, if no discretionary approval is needed, at the time of initial nondiscretionary approval, e.g., building permit or certificate of occupancy;

4.

Self-storage facilities subject to Chapter 17.755 (mini-storage or mini-warehouse);

5.

Light industrial and warehouse uses which have no outdoor storage or activities; 6.

Public and quasi-public uses;

7.

Churches as temporary uses to be located in existing buildings.

C.

Subarea C. The following uses shall be conditionally permitted within this subarea:

1.

Manufacture of food products, pharmaceutical, and similar products, excluding the production of fish or meat products or similar products that create excessive sewage or odor problems;

2.

Retail-sales which are accessory to a permitted or conditionally permitted use within this subarea;

3.

Light metal fabrication, machine shops, and similar uses;

4.

Self-storage facilities subject to Chapter 17.755 (mini-storage or mini-warehouses);

Home improvement center with or without lumber sales, garden supply store, nursery or lumberyard; 6.

Public and quasi-public uses;

7.

Other uses that the zoning administrator determines because of the type of operation, material stored or sold or other special circumstance requiring special consideration and conditioning through the conditional use permit procedure.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1078, 12/10/2024; Ord. 1087, 8/12/2025; Ord. 1089, 10/14/2025)

The following regulations shall apply to all subareas as described below: A.

Subarea A.

1.

Minimum lot area shall be one acre unless a master plan is approved, then minimum lot area shall be twenty thousand square feet.

2.

Minimum lot width shall be one hundred feet.

3.

Minimum street frontage yard shall be twenty feet unless a residentially zoned parcel is located in the same block, then the setback shall be seventy-five percent of the setback for the residential zone, but not less than twenty feet.

4.

Minimum non-street frontage yard shall be zero feet except that the minimum building setback from a residential zone shall be forty feet.

5.

Maximum building height permitted in sub-area A shall be three stories not to exceed forty feet in height. B.

Subarea B.

1.

Minimum lot area shall be twenty thousand square feet.

2.

Minimum lot width shall be one hundred feet.

3.

Minimum street frontage yard shall be ten feet.

4.

Minimum non-street frontage yard shall be zero feet except that the minimum building setback from a residential zone district shall be forty feet.

5.

Maximum building height shall be one story not to exceed twenty-four feet. A two-story building not exceeding thirty feet may be permitted subject to conditional use permit approval. C.

Subarea C.

1.

Minimum lot area shall be twenty thousand square feet.

2.

Minimum street frontage yard is ten feet.

Minimum non-street frontage yard is zero feet.

4.

Maximum building height is two stories not to exceed thirty feet. Buildings greater than two stories and thirty feet in height may be permitted subject to conditional use permit approval.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

A.

All development and performance standards within subareas A and B shall comply with Chapter 17.200.

B.

All development and performance standards within subarea C shall comply with Chapter 17.300.

C.

Off-street parking shall be provided in accordance with Chapter 17.620.

D.

Landscaping and screening shall be provided in accordance with Chapter 17.630 except as follows:

1.

The minimum width of landscaping along Brentwood Boulevard (Highway 4), Balfour Road, and Fairview Parkway shall be twenty feet with an average of twenty-five feet. The minimum width of landscaping along Harvest Park Drive within subarea A only shall be fifteen feet and an average of twenty feet. The width shall be measured from the face of curb to the edge of a building or parking lot. A public sidewalk shall be included within this required width.

2.

At the time of development, landscaping shall be installed along any property line abutting a residential zone district. The required landscaping shall consist of the following:

a.

Minimum width of the landscaped area shall be five feet; exclusive of any vehicle overhang;

b.

Landscape fingers or tree wells perpendicular to the perimeter landscaping shall be provided no more than forty feet apart;

c.

Evergreen trees shall be planted in areas (a) and (b) such that a visual screen is created.

E.

Design and site development review of all new structures within each subarea shall comply with Chapter 17.820.

F.

Within subareas A, B, and C, the minimum lot area shall not apply under the following circumstances:

1.

Subdivision map would create lots for condominium units for industrial or commercial uses and the area of the map is twenty thousand square feet;

2.

Parking driveways, landscaping and other facilities are owned in common and maintained by an association. (Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

==> picture [519 x 668] intentionally omitted <==

(Ord. 960 § 6, 2015; Ord. 997 § 2, 2018; Ord. 1013 § 2, 2020)

Chapter 17.463 PD-13 (PLANNED DEVELOPMENT THIRTEEN) ZONE (§ 17.463.001 – § 17.463.006)

The authority, purpose and intent for the adoption of the PD-13 (planned development thirteen) zone are as follows:

A.

Authority. PD-13 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations of this code.

B.

Purpose and Intent. The purpose of the PD-13 zone is to permit and regulate the orderly development of the Balfour South and Gerry properties. Opportunities include providing a landscape/open space buffer along Sellers Avenue to Mount Diablo, providing a pedestrian oriented environment within the proximity of the downtown area, and providing a distinctive edge for the city. Constraints include the need to provide major infrastructure improvements such as drainage and sewer and ensuring that the residential development is compatible with the industrial park to the west and the agricultural uses to the east and south. The boundary of the PD-13 zoning district is as shown on the map in Section 17.463.006.

(Ord. 857 § 2, 2008)

The following general standards apply to PD-13:

A.

Subareas. PD-13 has been divided into separate areas based on land use. These include residential, parks, detention basin/open space, and street rights-of-way. The areas are indicated in the chart below. Street rights-of-way only includes Guthrie Lane, Balfour Road and Sellers Avenue. Local streets would be included in the residential acreage.

in the residential acreage.
Land Use		Acres	Max. Density	Max. Units
Gerry Property		20.4	6.0 du/ac	122.40
Balfour South property		4.85	6.0 du/ac	29.10
Parks*		1.50
Detention/open space		2.90
Road right-of-way		3.80
Totals		33.45		151.00
Notes:
*	The acreage for the park is indicated as a minimum acreage. The exact size, dimensions and location will be determined through the use permit process.

B.

Master Plan. Through the use permit process, a master land use plan shall be approved by the planning commission prior to submittal for a tentative map or design review. The master plan shall include, but not be limited to, identifying the various land uses, the location and approximate dimensions of the park areas, the dimension and design of the open space areas, and the lot sizes. Staff and the planning commission may ask for additional information that will help in determining the approximate development of the property. C.

Density. The maximum unit count and overall density of six units per acre may not be exceeded for each property within the planned development. The density of any one product may go up to ten units per acre, provided that the average density for the property is not exceeded. The maximum unit for the entire planned development shall not exceed one hundred fifty-one units. There shall be no transfer of density between properties.

D.

Unit Count. Through approval of a master plan, tentative map or other discretionary action, the city may approve residential projects at less than the maximum allowable density due to such reasons as: 1.

Avoid or reduce significant environmental effects as identified in an environmental impact report;

Achieve compliance with objectives and policies of the general plan;

Certain characteristics of a property such as topography, utility easements, shape or other items which restrict the amount of development;

4.

Aesthetic or site planning considerations which will improve the quality of the development or increase its compatibility with adjacent land uses; or

5.

Compliance with the development regulations, or standards.

E.

CC&Rs. CC&Rs shall be provided for all properties located within planned development thirteen. CC&Rs are subject to city review and approval.

F.

Utilities. All utilities shall be built per the requirements in effect at time of tentative map submittal. These improvements are subject to the requirements of the city engineer. G.

Other Requirements. All requirements not specifically regulated in this ordinance will be regulated by the city of Brentwood Municipal Code.

H.

Design and Site Plan Review. The design of the homes and improvements shall have the following characteristics:

1.

The park or parks shall be located to serve as a focal point for the residents living in the area.

2.

The developments shall be designed to accommodate and encourage pedestrian circulation throughout the area, to the park, to the open space buffer and to the existing business park.

3.

The streets shall be designed to mimic the old-town concept and include formal street trees placed twentyfive feet on center and old-style street lights. The sidewalk shall be detached by five feet to allow for the placement of the trees.

4.

The residential units shall include elements which copy old-style architectural features. Examples include large front porches, rear set garages, steep pitched roofs and courtyards.

5.

Consideration shall be given to providing an adequate transition between the residential uses and the business park to the west. This transition may include landscape screening, larger landscape setbacks, mounding, masonry walls or similar. The exact type of transition will depend on the type of product and be determined through the tentative map process.

I.

Streets and Traffic. A limited traffic study shall be submitted concurrently with each tentative subdivision map. The study shall identify specific roadway improvements needed to accommodate the traffic expected by that subdivision. These on or off-site improvements shall be a condition of approval of the subdivision. Fairview Parkway shall be developed as a two-lane collector, unless a traffic study (as required by subsection I of this section) indicates that a wider street is necessary.

(Ord. 857 § 2, 2008)

The following residential uses may be allowed, provided that a master land use plan has already been approved for the property:

A.

Medium Lot Single-Family Residential (Medium Lot). The medium lot single-family residential category allows primarily single-family detached homes. The following standards apply to this category:

Medium lot permitted uses:

a.

One single-family dwelling 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.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

g.

The keeping of domestic animals or pets subject to Chapter 17.670 of this title;

h.

Signs subject to Chapter 17.640 of this title;

i.

(Reserved);

j.

(Ord. 857 § 2, 2008; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025) Medium Lot Conditionally Permitted Uses.

A.

Public facilities including parks, playgrounds, public schools and other public buildings;

B.

Churches, religious institutions and private schools;

C.

D.

Large day care centers. (Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025) Medium Lot Site Development Standards.

A.

Unit Density. Unit density shall not be greater than five dwelling units per acre;

B.

Lot Area. Minimum six thousand six hundred fifty square feet; C.

Lot Width. Minimum fifty feet for interior lots and fifty-five feet for corner lots. Minimum of thirty-five feet at the street for cul-de-sac lots;

D.

Lot Depth. Minimum ninety-four feet;

E.

Height. No main building shall exceed the height of two stories and thirty feet; F. Rear Yard. Minimum fifteen feet; G. Front Yard. Minimum twelve feet for house and twenty feet to garage door; H. Side Yard. Minimum five feet, sum of both yards twelve feet. Corner lots shall have minimum ten feet on street side;

I.

Garage. Maximum forty-five percent of the lot width;

J.

Parking. Minimum one space per lot on street plus two covered spaces in garage; K.

Coverage. Not more than forty percent lot coverage. (Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

Chapter 17.464 PD-14 (PLANNED DEVELOPMENT FOURTEEN) ZONE (§ 17.464.001 – § 17.464.006)

The authority, purpose and intent for the adoption of PD-14 (planned development fourteen) zone are as follows:

A.

Authority. PD-14 (planned development fourteen) 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-14 (planned development fourteen) zone is to permit and regulate the development of single-family detached homes and public uses in accordance with the Brentwood general plan. The boundary of the PD-14 zoning district is as shown on the map in Section 17.457.006. (Ord. 857 § 2, 2008) Permitted uses in the PD-14 zone are those uses permitted under R-1 zoning district in Title 17. (Ord. 857 § 2, 2008) Conditionally permitted uses are those uses identified in the R-1 zoning district in Title 17 which are subject to the granting of a conditional use permit by the city.

(Ord. 857 § 2, 2008) The following regulations shall apply to the planned development fourteen zone:

A.

Minimum lot area: Eight thousand square feet. B.

Minimum lot width: Seventy feet.

C.

Minimum front yard: Twenty feet.

D.

Minimum lot frontage: One-half the required lot width.

E.

Minimum side yard: Minimum seven feet, sum of both sides, twenty feet.

F.

Minimum rear yard: Twenty feet.

G.

Maximum building height limit: No main building shall exceed thirty feet in height. H.

Exceptions:

1.

The lot width for lots on culs-de-sac and curvilinear streets shall be fifty-five feet as measured thirty feet from the front property line;

2.

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

I.

Maximum density: Three and one-half dwelling units/acre. (Ord. 857 § 2, 2008)

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

and 17.100.004(H).

B.

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

C.

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

D.

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

E.

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

The development of the PD-14 zone district shall be substantially in accord with the development plan and related exhibits.

G.

The maximum number of dwelling units shall be one hundred forty-nine.

H.

Fifty percent of the housing along Balfour Road and Griffith Lane shall be single-story. (Ord. 857 § 2, 2008)

==> picture [519 x 648] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.465 PD-15 (PLANNED DEVELOPMENT FIFTEEN) ZONE (§ 17.465.001 – § 17.465.005)

The authority, purpose and intent for the adoption of PD-15 (planned development fifteen) zone are as follows:

A.

Authority. This 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. A purpose of the PD-15 zone is to permit and regulate the development of the 234.6 acres depicted on the development plan and related exhibits. Another purpose of the PD-15 zone is to supersede and replace all prior zoning regulations applicable to the property of the development plan and related exhibits, including those of Ordinance No. 512—Planned Development Zone 15 (PD 15), Chapter 17.465. Further, in recognition of the very large size of the Brentwood Country Club, its predominant age-restricted occupancy and its probable construction over a number of years, it is also the purpose of this zone to allow flexibility in the design and development standards to encourage construction of a high quality community and to facilitate ease of adapting the housing product to market demands which change over time, and to allow construction of streets and other improvements consistent with reduced demand levels of age-restricted occupancy.

C.

Intent. In order to achieve the purpose of the PD-15 zone, it is intended that development be in accordance with the land uses described herein for the acreage depicted on the development plan and related exhibits. The boundaries of the PD-7 zoning district and its subareas are as shown on the map in Section 17.465.005. (Ord. 857 § 2, 2008)

A.

Permitted Uses—Age-Restricted Areas A1 and A2. Single-family detached and attached homes for agerestricted occupancy are permitted uses within Areas A1 and A2.

B.

Permitted Uses—Non-Age-Restricted Area A3. Single-family detached homes for non-age-restricted occupancy are permitted uses within Area A3.

Additional Permitted Uses—All Residential Areas A1, A2 and A3.

1.

Model home sales facilities;

2.

Golf course and related facilities including, tennis courts, maintenance structures and related recreation facilities;

3.

Homeowners' association recreation buildings, tennis courts, recreational vehicle parking lots, other common-use facilities and open area;

4.

Other uses determined by the community development department to be similar to and compatible with the preceding permitted uses;

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

6.

D.

Conditionally Permitted Uses—All Residential Areas A1, A2 and A3. Land uses determined by the community development department to be similar to or ancillary to a permitted use may be permitted pursuant to approval of a conditional use permit.

E.

Maximum Number of Units, Lot Area, Setbacks, Height and Parking—All Residential Areas A1, A2 and A3.

1.

Maximum Number of Units. A maximum of six hundred seventy-four dwelling units may be developed within Areas A1, A2 and A3.

2.

Minimum Lot Area. The minimum area of a residential lot area shall be four thousand square feet, provided that two thousand five hundred square feet is the permitted minimum per attached duet dwelling unit. A variety of lot sizes, larger than the minimums, shall be included to provide a variety of housing products and yard conditions.

3.

Setbacks, Height and Parking. Each yard setback specified in Table A shall be measured from its respective property line, except that measurement shall be from the back of the sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter 17.660, Encroachments Into Required Yards.

		TABLE A
Setbacks, Height and Parking	Area A1 Age- Restricted Home	Area A1 Age- Restricted Home	Area A2 Age- Restricted Home	Area A3 Non- Age-Restricted Home
Minimum (Min.), Maximum (Max.)
A. Min. Front Yard	Duet Lot	All Other Lots	All Lots	All Lots
(1) To door of a front- entry garage	18′	18′	20′	20′
(2) To a wall of a side- entry garage	NA	10′	10′	10′
(3) To a wall of a habitable room	13′	13′	20′	20′
B. Min. Side Yard Adjoining a Street	NA	12′	15′	15′

			TABLE A
Setbacks, Height and Parking		Area A1 Age- Restricted Home	Area A1 Age- Restricted Home	Area A2 Age- Restricted Home	Area A3 Non- Age-Restricted Home
C. Min. Side Yard at Interior Lot Line
(1) To a wall of a garage		5′1	5′	5′	5′
(2) To a wall of a habitable room		5′1	6′	5′	5′
(3)Aggregate, both side yards		5′1	12′	10 for lots less than 55′ wide; 15′ for lots 55′ and wider	10 for lots less than 55′ wide; 15′ for lots 55′ and wider
D. Min. Rear Yard		5′2	15′ where the yard adjoins a golf course; 15′ minimum and 20′ average elsewhere	15′ where the yard adjoins a golf course; 15′ minimum and 20′ average elsewhere	15′ minimum and 20′ average
E. Min. Of-Street Parking Spaces
(1) In a garage		1	2	2	2
(2) In a driveway		2
F. Max. Building Height		35′	35′	35′	35′
Notes:
1	A 0′ setback is permitted at one side yard of a duet lot.
2	Every duet unit shall include patio area of not less than 15′ x 10′.

F.

Construction Standards—All Residential Areas A1, A2 and A3.

1.

Variety in Building Mass—Age-Restricted Homes Areas A1 and A2. Variety in building mass shall be accomplished by:

a.

Inclusion in the floor plans available for purchase, varying front façade design, such as optional side-entry garages and varying the entryway location and design;

b.

Avoidance of using of a single floor plan more than twice in any group of four or more contiguous homes;

c.

Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alter the visual mass of a floor plan;

Multiple floor plans incorporating design variations such as those of subdivisions a, b and c above, shall be submitted at the time of site design and development review.

2.

Variety in Building Mass—Non-Age-Restricted Homes Area A3. In each group of four or more contiguous homes, twenty-five percent shall be constructed with one or more of:

a.

Single story units; or

b.

Side-entry garages; or

c.

Minimum front setback of thirty feet.

3.

Acoustical Analysis—All Residential Areas A1, A2 and A3. Dwellings adjacent to Balfour Road, Fairview Avenue, Central Boulevard and the proposed Highway 4 Bypass shall be designed to meet the city's interior noise level standard of forty-five dBA Ldn.

G.

Design Review—All Residential Areas A1, A2 and A3.

1.

Residential Buildings. Design and site development review shall be required for residential buildings pursuant to Chapter 17.820, except that the authority to review and approve or deny an application for design and site development review is delegated to the community development department.

2.

Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to a plan to be approved by the community development department prior to issuance of building permits for the lots to be landscaped, fenced or walled. The plan shall specify colors, materials and spacing of elements.

3.

Recreational and Conditionally Permitted Facilities. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:

Golf clubhouse and related buildings;

b.

Recreational buildings and accompanying outdoor facilities such as pools;

c.

Buildings for which approval of a conditional use permit by the planning commission is required. (Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

A.

Permitted Uses—Area P. Subject to city approval of plans prior to development the following uses are permitted:

1.

Public park, trail and other recreational uses;

2.

Storm drainage, flood control, floodplain and related facilities;

Other uses determined by the community development department to be similar to and compatible with the preceding conditionally permitted uses.

(Ord. 857 § 2, 2008)

A.

Exceptions to Zoning Regulations. The community development department may permit exceptions to the regulations of this chapter and the remainder Title 17 upon finding that granting of the exception will constitute an insignificant deviation from the land uses, activities and construction otherwise resulting from strict application of the regulations of this chapter.

B.

Exceptions to Engineering Standards. Adopted city engineering standards are contained in the city's Title 17, Subdivision and Land Development Ordinance, the engineering design standards, the standard plans and specifications, the standard drawings and in policy determinations made by the director of public works and the city engineer.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

Chapter 17.466 PD-16 (PLANNED DEVELOPMENT SIXTEEN) ZONE (§ 17.466.001 – § 17.466.007)

The authority, purpose and intent of the PD-16 (planned development sixteen) zone are as follows:

A.

Authority. PD-16 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-16 zone is to permit and regulate the orderly development of the southeast corner of Balfour Road and Walnut Avenue commonly referred to as South Brentwood Village. The property is being developed as a pedestrian-oriented village community utilizing neoclassical traditional town planning principles. The villages will be within walking distance of downtown Brentwood and future commercial uses within the Baez property. A minimum of eighteen percent of the gross area of the one hundred forty-one-acre site shall be developed for retail, service and office uses.

C.

Intent. It is intended that in order to achieve the purpose of the PD-16 zone of implementing the development of a neoclassical traditional village, the zone shall be divided into two residential villages, a commercial and office subarea and a medium density residential subarea, as further described below. The primary purpose of a neoclassical traditional town is to develop an area with a mix of commercial office and residential uses in an effort to create a pedestrian-oriented community. The boundaries of the PD-16 zoning district and its subareas are as shown on the map in Section 17.466.007.

1.

Village I consists of approximately 21.4 net acres intended for the development of up to one hundred seventy-five residential lots and up to two hundred fifteen residential units including approximately forty granny flats. The exact number of units will be determined through the tentative map procedure, Chapter 16.050;

2.

Village II consists of approximately 46.1 net acres intended for the development of up to three hundred eleven residential dwelling units. The exact number of units will be determined through the tentative map procedure, Chapter 16.050;

3.

Subarea A consists of a minimum of 10.5 net acres intended for the development of retail and commercial uses typically provided for within a downtown commercial area;

4.

Subarea B consists of approximately 15.6 net acres intended for the development of one hundred twentyeight medium density residential dwelling units in accordance with the Brentwood general plan. (Ord. 894 § 2, 2011)

The following uses are permitted within the PD-16 zone:

A.

Village I. The following uses shall be permitted within the village:

1.

One single-family dwelling per parcel and a secondary dwelling unit over the garage per the approved PD architectural review documents;

Accessory uses subject to Section 17.650.003, excluding rooming and boarding, transient housing and nonresidential accessory uses (i.e., Christmas tree lot, fruit stand, etc.);

3.

Accessory buildings subject to Section 17.660.006 and accessory structures subject to Section 17.660.007. Temporary uses defined in Section 17.850.003 shall also be excluded;

4.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

5.

Community and neighborhood parks as shown on approved tentative map;

6.

The keeping of domestic animals or pets subject to Chapter 17.670;

Small-family day care facilities limited to a maximum of six children;

8.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

9.

B.

Village II. The following uses shall be permitted within the village:

1.

One single-family dwelling per parcel;

2.

Accessory uses subject to Section 17.650.003, excluding rooming and boarding, transient housing and nonresidential accessory uses (i.e., Christmas tree lot, fruit stand, etc.). Temporary uses defined in Section 17.850.003 shall also be excluded;

3.

Accessory buildings subject to Section 17.660.006 and accessory structures subject to Section 17.660.007; 4. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

5.

Community and neighborhood parks as shown on approved tentative map;

6.

The keeping of domestic animals or pets subject to Chapter 17.670;

7.

Small-family day care facilities limited to a maximum of six children; 8.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

9.

Subarea A. The following uses shall be permitted within this subarea:

1.

General retail sales (excluding uses with outdoor storage or display); financial institutions; professional offices uses; pet stores (excluding kennels); markets and food stores; appliance, radio and television sales; drug and general convenience stores;

2.

Existing nonconforming uses within subarea A shall include two existing single-family residences which will be allowed to continue indefinitely until a time when the structure is modified or converted to another use wherein it may no longer maintain its nonconforming status and will be held to the planned development standards applicable to subarea A;

3.

Service uses including, but not limited to, banks; cafés and bakeries; addressing and mailing service; barber or beauty shop; butcher shop; delicatessen; shoe repair and sales; laundromat; dry cleaners; and similar uses;

4.

Commercial uses and convenience retail uses such as bakery, pastry shop, book store, candy or ice cream store, apparel and accessory store, stationery store and similar retail establishments; 5.

Business and professional offices such as architects, financial institutions, attorneys, accountants, engineers, travel agency, insurance agency, title companies, real estate and similar professional and general business offices;

6.

Parks, playgrounds and open space uses identified on the approved tentative map;

7.

Similar uses subject to the approval of the zoning administrator. D.

Subarea B. The following uses shall be permitted within this subarea:

1.

Single-family detached dwelling units;

2.

Rooming and boarding subject to Section 17.650.003;

3.

Accessory structures shall be permitted subject to specific small-lot accessory structure development standards that may be prepared by the developer and submitted for the review and approval of the community development director prior to recordation of the final map. All future accessory structures shall adhere to these development standards;

4.

Temporary uses related to the primary use and subject to obtaining a temporary use permit subject to Chapter 17.850;

5.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840; 6.

The keeping of animals or pets subject to Chapter 17.670;

Recreational trails, parks and open space;

8.

(Reserved);

9.

Residential care facilities, regardless of size and occupancy. Residential care facilities shall be subject only to the same requirements as other residential uses within the same zone;

10.

11.

Similar uses as determined by the community development director.

(Ord. 894 § 2, 2011; Ord. 991 § 4, 2017; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025) Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-16 zone:

A.

Village I. The following uses shall be conditionally permitted within this village:

1.

Commercial day care facilities contiguous to subarea A or immediately adjacent to Walnut Boulevard. Inhome, large-family day care facilities subject to the location criteria adopted by resolution of the planning commission of the city;

2.

Secondary dwelling units not originally approved under PD architectural design approvals, subject to Section 17.100.005;

3.

Churches and other religious institutions immediately adjacent to Walnut Boulevard or contiguous to subarea A.

B.

Village II. The following uses shall be conditionally permitted within this village:

1.

2.

Secondary dwelling units not originally approved under PD architectural design approvals, subject to Section 17.100.005;

3.

Churches and other religious institutions immediately adjacent to Walnut Boulevard. C.

Subarea A. The following uses shall be conditioned permitted within this subarea:

1.

On- or off-sale liquor establishments;

2.

Sit-down restaurants and pizza parlors not associated with a drive-through facility. Outdoor dining areas are highly encouraged;

Day care facilities;

4.

Cinemas and/or theaters;

5.

Gas station, alternative fuel station/mini-mart, without service bays: this use must integrate with other site circulation and design. Additional access points on Walnut Boulevard and Balfour Road are not allowed (see the development plan and related exhibits). Automotive, boat, recreational vehicle or similar sales and/or service are specifically prohibited;

6.

Veterinarians;

7.

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

8.

D.

Subarea B. The following uses shall be conditionally permitted within this subarea:

1.

Those identified in Section 17.140.003 (R-2 zone) of the zoning ordinance, which are subject to the granting of a conditional use permit by the city.

(Ord. 894 § 2, 2011; Ord. 1078, 12/10/2024)

A.

Streets and Alleys.

1.

Introduction. The design of streets and alleys provides for comfortable and convenient pedestrian access throughout the neighborhood by creating direct routes, narrowing streets and slowing cars, providing a shade canopy or covered arcade, and by promoting visual interest at a human scale along the way. 2.

Standards.

a.

Street Standards. Street widths will be seventy feet ROW for the PEC access road, sixty feet ROW for major residential streets and a fifty-six-foot ROW for minor residential streets, as indicated on the development plan and related exhibits. The location of the streets shall be as indicated on an approved tentative map.

b.

Sidewalks, Crosswalks and Bike Trails.

i.

Sidewalks are to be continuous and link with other paths rather than dead end. They are to be continuous past alley access points using curb cuts. They are to be generally straight with minimal meandering. (See the development plan and related exhibits.)

ii.

Crosswalks at pedestrian crossings are to be designated with a change of material on the road surface (interlocking pavers or concrete).

iii.

Bike paths: concrete or A.C. paving to be consistent with city-wide bike path master plan.

c.

Street Lighting. Historic street lights, similar to fixture as shown on the development plan and related exhibits; twelve feet to twenty feet high at fifty feet to seventy-five feet on center staggered from one side of the street to the other. This is to maintain a pedestrian scale to the lighting and streetscape. The final fixture selected must be approved by the public works department.

d.

Utility Location and Screening. Utilities are to be coordinated with landscape plans to ensure proper screening and landscape around utility vaults, boxes, transformers, etc., so as not to be visible from primary pedestrian paths, to the extent practical. Special consideration must be taken with transformers, vaults, etc., on corner lots.

e.

Mailboxes. Individual or duplex mailboxes are strongly encouraged rather than ganged mailboxes of four, six or twelve. The post, stand and enclosure should be in keeping with the character of the homes. A design for the mailboxes shall be submitted for staff review and approval prior to construction.

B.

Residential. Residential designation allows for small and medium-size lot single-family residential units along with ancillary units ("granny flats") on lots with alley-accessed garages.

1.

Standards.

a.

Building intensity: N/A.

b.

Height. Building heights in the residential areas shall not exceed two stories or thirty feet.

c.

Setbacks. Building setbacks vary depending on the Village (I or II) or subarea B, site plan configuration, whether side drive, alley or corner lot.

2.

Village I—Phase I.

a.

Minimum lot area: four thousand square feet. Typical: four thousand five hundred square feet.

b.

Minimum lot frontage: thirty feet for cul-de-sac and knuckle lots and forty-five feet for standard lots.

c.

Minimum lot depth: ninety feet.

d.

Front yard: eighteen feet minimum.

e.

Side yard: fifteen aggregate between living spaces on adjacent lots, ten feet between garages.

f.

Rear yard: twenty feet minimum.

g.

Corner conditions: on the street side, the building setback shall be a minimum of five feet from the right-ofway line.

h.

Encroachment into yards: Chapter 17.660 dealing with encroachment into required yards does not apply.

Architectural features such as porches, chimneys, bay windows or columns must meet the required setback (eave overhang areas are excluded).

3.

Village I—Phase IIIA and IIIB.

a.

Minimum lot area: four thousand square feet. Typical: four thousand five hundred square feet.

b.

Minimum lot frontage: thirty feet for cul-de-sac and knuckle lots and forty-five feet for standard lots.

c.

Minimum lot depth: ninety feet.

d.

Front yard: five feet minimum for minor residential streets and ten feet minimum for major residential streets to be generally consistent alignment along street.

e.

Side yard for house and attached garage: three feet minimum, fifteen feet aggregate. Zero feet for detached garage.

f.

Side yard for detached garage: zero feet interior lot and five feet for street-side lot on corner.

g.

Rear yard: zero feet for the garage portion of the building only, provided twenty-foot by twenty-foot or four hundred square foot yard size is provided. Fifteen feet minimum for the house. The area for the granny unit parking is exclusive of the rear yard required. One-story homes with a granny unit may reduce required rear yard setback to ten feet. A minimum ten-foot by sixteen-foot rear yard shall be provided. (In these cases, a twenty-foot by twenty-foot side yard will be provided.)

Alley: five feet minimum/maximum rear yard setback required on alley. i.

Encroachment into yards: Chapter 17.660 dealing with encroachment into required yards does not apply. Architectural features such as porches, chimneys, bay windows or columns must meet the required setbacks (eave overhang areas are excluded).

4.

Village II.

a.

Minimum lot area: four thousand six hundred eighty square feet. Typical: six thousand square feet.

b.

Minimum lot frontage: thirty feet for cul-de-sac or knuckle lots and sixty feet for standard lots.

c.

Minimum lot depth: seventy-eight feet.

d.

Front yard: ten feet minimum from property line to front porch or buildings (stairs do not apply).

e.

Side yard: five feet minimum, fifteen feet minimum between living spaces. Where the blank wall of a garage abuts the blank wall of a garage on the adjacent lot, the distance between structures may be a minimum of

ten feet where the blank wall of a garage abuts the living unit on an adjacent lot, the minimum distance between structures shall be fifteen feet. In limited instances (twenty percent), a ten-foot separation will be acceptable between living unit on one lot and the blank garage wall on the adjacent lot. Some architectural feature shall be applied to the blank garage wall. On units with detached garages, one side yard setback may be a minimum of three feet.

f.

Rear yard: zero feet for the garage portion of building only, provided twenty-foot by twenty-foot or four hundred square foot yard size is provided. Fifteen feet minimum for the house.

g.

5.

Building Configuration, Orientation.

a.

Village I: include rear yard garages, both side drive and alley accessed. Both configurations provide for building separation while making better use of side yard, whether a hardscape courtyard or extensive landscaped area. The front yard setbacks are reduced to bring the entry/porch and living areas closer to the sidewalks, encouraging interaction with neighbors.

b.

Village II: are to be developed with a combination of front on garages attached to the living unit in the conventional manner with the living unit stepped forward of the garage and rear yard garages with side drive access. No alleys are planned for the Village II lots.

6.

Porches/Entries. Front doors must be on the front façade and be visible from the street. Entries must be accessed via a front porch.

a.

Village I and those units within Village II utilizing detached garages: porches must extend over at least fifty percent of the front façade and have a useable area for seating with a minimum dimension of six feet by ten feet.

b.

Village II: those units employing an attached garage must provide porches on all units. The usable area for seating shall be five feet by ten feet.

7.

Garages.

a.

Village I and those units within Village II utilizing detached garages: all garages are to be recessed a minimum of forty feet behind the front façade and be accessed by a side drive or alleyway.

b.

Village II: all garages attached to the residential unit are to be recessed a minimum of five feet behind the front façade and be a minimum of twenty feet from the established right-of-way line.

8.

Side drives are a maximum of twelve feet wide from curb cut to parking courtyard where it may widen out. Special paving or a "Hollywood" drive is required for the twelve-foot wide portion of the side drive at a minimum.

Alley accessed garages within Village I are detached from the house. They may be connected by an open trellis or breezeway.

10.

Ancillary Units. Granny flats or carriage homes are allowed over detached garages on alleyways within Village I. A third parking stall (covered and uncovered) shall be provided adjacent to the garage for the granny flat. The area for the parking stall is exclusive of the twenty-foot by twenty-foot or four hundred square foot yard requirement noted under subsection (B)(1)(c), Setbacks. Carriage homes provide a versatile space that can be used by extended family, rented or serve as an at-home studio or office.

11.

Corner Lots. Standards setbacks (subsection (B)(1)(c)) apply for corner lots. The side drive elevation of the unit should face the corner property line whenever possible. The driveway must access the parking court by the side property line with a maximum twelve-foot curb cut and drive. The garage elevation facing the street must be articulated with a window and architectural treatment in a similar manner to the front façade. The area in front of the garage must allow for a minimum of two off-street parking spaces. Within Village II, fifty percent of the corner lots shall incorporate side entry garages.

12.

Units Which Abut a Soundwall. In instances where units with detached garages abut a soundwall in the side yard, a five-foot setback to the garage is required. Where units with attached garages abut the soundwall, the minimum setback shall be ten feet to the garage and/or living unit.

13.

Architectural Design.

a.

Village I: to ensure a certain amount of variation within the development, a minimum of three unit types, three variations on each unit type and three individual color schemes, and two roofing materials with two roof colors or one material and three colors are required of each village.

b.

Village II: the first one hundred fifty units are to be comprised of four separate and distinct models; three units will utilize the attached garage concept and one model will incorporate the detached garage. The percentage

of detached garage units shall be a minimum of ten percent. Two additional models shall be introduced for the one hundred fifty-first through three hundred eleventh building lot, bringing the total offering to six separate and distinct unit types. These two additional models shall be submitted for review and approval of the planning commission.

c.

Articulation and Massing and Roofs.

i.

Village I: combination of gables, hips and turret roof form will be used. Roof slopes shall be 6:12 or greater for primary roofs. Articulation of the building façade should relate to the roof form of the building. No bubble skylights visible from the street allowed.

ii.

Village II: roof slopes shall be 5:12 or 6:12 for primary roofs. Hip and gable roof forms are acceptable. Some variation in roof form over the garage is encouraged. Bubble skylights shall not be visible from the street. d.

Materials. Horizontal board siding, shingles or a similar material is required for all homes. Materials should be the same for all four façades rather than change on side or rear yard elevations. No plywood siding is

allowed.

e.

Windows. Front elevation windows shall be vertical in proportion, or divided by mullions, or divided into separate lights. Long horizontal sliding windows are strongly discouraged. (See the development plan and related exhibits.)

f.

Fencing. Fencing may be of a different board siding than the homes. Fencing should be painted or stained to match color palette of homes. Side yard fencing will be recessed a minimum of ten feet behind front façade of house where applicable. On corner lots, fencing will only enclose the rear yard on street side and be recessed a minimum of two feet behind the garage façade. Extreme care shall be exercised within Village II with regard to the location of the fence element connecting two adjacent units. It is imperative where one unit is located closer to the street than the adjacent unit that the connecting fence and its side yard element do not extend past the front façade of the more rearward located unit. A detailed fencing plan shall be submitted to the director of community development for review and approval prior to recordation of the final map.

14.

Yard Trees and Landscaping.

a.

Village I: two trees required per lot; one on the side yard property line and the other approximately centered on the lot, each five to seven feet from back of sidewalk. This will form a row of canopy yard trees approximately twenty-two feet six inches on center.

b.

Village II: three trees total required per lot in the tree lawn strip; one the side yard property line and the other approximately equally spaced thirty feet on center.

c.

Yard trees are in addition to street trees which are located in the tree lawn strip at all sixty-foot ROW streets. One yard tree should approximately align across the sidewalk with street trees in the tree lawn strip. 15.

With respect to the architectural design of residences, the owner shall have the right to submit additional designs in the future for review and approval by the planning department, providing the designs conform to the guidelines and regulations herein.

C.

Master Use Permit. Upon application for development of any portion of subarea A or B, the entire area will be master planned and this master plan will be submitted as part of the use permit process (Chapter 17.830) to ensure compliance with these PD standards. Cross access and parking easements will be required for each subarea.

D.

Retail Subarea A—Building Standards.

1.

Floor area ratio (FAR): to be determined through the master use permit process.

2.

Height. Building heights in the retail areas shall not exceed two stories or thirty feet. 3.

Setbacks. Setbacks vary depending on the property line. Where arcades are shown along the street, buildings are to be set within ten feet of the property line with ten-foot arcades. (See the development plan and related exhibits.) The building or arcade must extend to the setback line and adjacent to the future bus

stop location. The walkway under the arcade shall be paved to provide a continuous path to the bus stop. Buildings directly across the street from residential shall be set back a minimum ten feet, maximum fifteen feet from the property line to provide for landscaping. Buildings and the parking lot adjacent to Walnut and Balfour Roads must maintain a ten-foot setback from the property line, for landscaping. The setback between the retail and office uses between subareas A and B should allow for a shared access drive and ten feet of landscaping on each side, approximately twenty-two feet setback on each side of property line. (See the development plan and related exhibits.)

4.

Building Configuration and Pedestrian Access. The development of each retail site should provide for multiple access points from the residential areas for both pedestrians and vehicles. (See the development plan and related exhibits.) Vehicle access from the rotaries is encouraged. A second access is allowed. Pedestrian access is required from those points shown on the illustrative plan. No fence or soundwall is allowed between the residential and retail commercial sites, except screen walls associated with service, loading or garbage.

5.

Entries. Locating entries on the streets creates a "main street" quality which reinforces the pedestrian activity. Primary shop entries must be provided on pedestrian paths (designated by arcade locations on the illustrative plan). Secondary entries will be allowed to face the parking areas, but the arcade entry shall not be service oriented. (See the development plan and related exhibits.)

6.

Architectural Design. The retail buildings shall be compatible in terms of design with the residential uses. This includes roofing materials, colors, sidings, roof pitch, etc. The site planning of the retail buildings necessitates that all four elevations of the retail shops buildings be equally articulated in massing and materials. These façades can be screened through the landscape buffers provided. (See the development plan and related exhibits.)

a.

Materials. It is required that the retail buildings share the material palette of the rest of the development. Colored and split-faced CMU matching the soundwall design, may be used as an accent material. Board siding and similar roofing materials to the residential and office areas shall be provided. Materials must be used consistently on all elevations. Stucco may be used in conjunction with other materials upon design approval by the planning commission, provided that it is not the predominant material. b.

Articulation and Roof Forms. Mansard roofs, high pitched (12:12 and above) are not allowed. A combination of flat, shed, gabled and hipped roofs are allowed. The articulation of the building façade should relate to the roof form of the building. (See the development plan and related exhibits.)

c.

Arcades and Awnings. A continuous arcade is required along those building façades shown on the development plan and related exhibits. This is to provide comfort and protection from heat and rain for pedestrians along primary pedestrian paths. The arcade could be a supported extension of the roof structure. d.

Windows and Display Cases. Windows are required on all primary pedestrian path façades. Secured display cases are allowed in place of windows on rear or secondary elevations. (See the development plan and related exhibits.) Windows and display cases add visual interest for pedestrians as well as act as secondary signage for shops. (See the development plan and related exhibits.)

Individual windows openings, "punched or recessed," are recommended over continuous aluminum store front systems. It is recommended that the window system be supported by a solid stem wall rather than extend to the floor level. (See the development plan and related exhibits.)

f.

Signage. Signs should blend with the architecture of the building and should not overshadow the building character. Signs should be exterior illuminated (internally illuminated signs and back-lit awnings are not permitted). Sign materials should integrate well with the building's materials; plastic signs are discouraged. "Marquee" signage or "pylon" signage along Balfour Road and Walnut Boulevard is acceptable after planning approved. A master signage program, illustrating common theme, materials, size and location must be submitted and approved by the planning commission, through the use permit process.

g.

Parking Lot Design.

i.

In no case shall a parking lot occupy more than thirty-three percent of the internal street's frontage. ii.

An orchard-like tree pattern (gridded at thirty feet to forty feet on center maximum) is required to ensure adequate shading of the paved areas. A minimum of one tree between every three to four parking stalls is required. The tree well will be a minimum of five feet by five feet or twenty-five square feet unless a two-foot diameter tree cage is used (see the development plan and related exhibits for alternative parking lot tree placements). This does not include perimeter landscaping. The extent of parking lot landscaping otherwise required is per Section 17.630.008.

iii.

Landscape hedges at the parking lot perimeter (plus or minus three-foot height) will shield the autos from view without blocking signage. The extent of parking lot landscaping otherwise required is per Section 17.630.008.

iv.

Joint Use Parking. Due to the requirement of common parking and access easements, the overall parking standards identified in Chapter 17.620 may be reduced by fifteen percent for all types of uses. h.

Landscaping and Hardscape Plaza. Hardscape plazas with built-in seating and potential table areas are required at major pedestrian entries to the retail centers.

i.

Screening and Fencing. Screening of trash enclosures should be integrated into the building form with the same material palette, and further screened with landscaping so as not to be visible by pedestrians passing by. Where visual screening is desired it is strongly recommended that hedges or a hedgerow of trees, such as Lombardy poplars be used in conjunction with berms, wood or masonry screen walls.

E.

Residential Subarea B—Detached Single-Family Residential Units. General development standards.

1.

Minimum lot area: two thousand five hundred square feet;

Minimum lot width: thirty feet; 3.

Minimum lot depth: sixty feet;

Minimum front yard setback:

a.

Twelve and one-half feet for garages when located within a private courtyard that has residences facing both sides of the courtyard,

b.

Twenty feet to the back of sidewalk for garages facing a public street,

c.

Five feet for living space and porches;

5.

Minimum side yard setback:

a.

Zero feet for a garage,

b.

Four feet for living space, except for lots 117 and 121 which shall maintain a minimum setback of three feet,

c.

Total aggregate side yard setback: five feet;

6.

Minimum rear yard setback: five feet;

7.

Minimum private open space: two hundred fifty contiguous square feet with a minimum dimension of ten feet. No future building additions are permitted within the required private open space area;

8.

Maximum building height: thirty feet;

9.

Maximum lot coverage: sixty-three percent.

(Ord. 894 § 2, 2011)

All permitted and conditionally permitted uses developed within subarea A shall conform to the performance standards set forth in Section 17.200.004.

General. No uses will produce excessive noise, heat, glare, humidity, vibration, excessive wastes, toxics, air pollution, smoke or odors, etc., and will comply with all police, health department, and current fire services provider ordinances.

(Ord. 894 § 2, 2011; Ord. 1075, 6/25/2024)

A.

Design and site development review shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004;

B.

Off-street parking shall be provided pursuant to Chapter 17.620;

C.

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

D.

All future replacement and maintenance of fences shall adhere to the approved fencing plan;

E.

The development of PD-16 zone shall be substantially in accordance with the development plan. Variations in the development plan, including street and lot patterns, may be approved through the subdivision map process.

(Ord. 894 § 2, 2011)

==> picture [519 x 633] intentionally omitted <==

(Ord. 894 § 2, 2011)

Chapter 17.467 PD-17 (PLANNED DEVELOPMENT SEVENTEEN) ZONE (§ 17.467.001 – § 17.467.003)

The authority, purpose and intent for the adoption of the PD-17 (planned development seventeen) zone are as follows:

A.

Authority. PD-17 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 and Intent. The purpose of the PD-17 zone is to permit and regulate the orderly development of properties located within the Garin Ranch specific plan. The boundaries of the PD-17 zoning district and its subareas are as shown on the map in Section 17.467.003.

(Ord. 857 § 2, 2008; Ord. 864 § C, 2009; Ord. 975 § 2, 2016)

The Garin Ranch specific plan as adopted by Ordinance No. 505 and as may be subsequently amended, provides the land use and development regulations for the planned development zone district. The Garin Ranch specific plan is not intended to supersede or amend other sections of Title 17 of this code or any other chapter of this code. In the event of conflict between the provisions of the specific plan and other provisions of this code, the other provisions shall prevail.

A.

Purpose and Intent. These regulations will serve as the primary mechanism for implementation of the land uses for the Garin Ranch specific plan. Implementation of the standards set forth in this section will insure that future development proceeds in a coordinated manner consistent with the goals and objectives of the Garin Ranch specific plan and Brentwood general plan. Future review of staff approval permits and other necessary discretionary approvals by the city of Brentwood will ensure the realization of these standards. The regulations contained herein provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility between land uses. Principal land use designations for the specific plan shall be as follows:

1.

Residential;

Commercial;

School district;

Parks;

Parks/detention.

All such development within Garin Ranch shall conform to the development standards as set forth in the specific plan. The city Zoning Ordinance shall have effect on areas which are not covered by the standards. In areas of conflict between the city Zoning Ordinance and these provisions, this specific plan shall control.

Definitions. For the purposes of this specific plan, the definitions contained in the Brentwood Zoning Ordinance shall apply.

C.

General Provisions.

1.

Code Compliance: All construction and development within the specific plan area shall comply with

applicable provisions of the Uniform Building Code and the various related mechanical, electrical, plumbing codes, fire code, water ordinance, grading and excavation code and the subdivision code, as currently adopted by the city of Brentwood.

2.

Setbacks: The setback requirements are as specified within the development standards for each zoning designation. If not otherwise specified, all setbacks shall be determined as the perpendicular distance from the existing or planned street right-of-way line, or property line, to the foundation point of the closest structure.

3.

Process and Procedures: If specific development standards have not been established or if an issue, condition or situation arises or occurs that is not clearly understandable in the specific plan, then those regulations and standards of the Brentwood Zoning Ordinance that are applicable for the most similar issue, condition or situation shall apply as determined by the city community development director. These regulations are adopted pursuant to Section 65450 of the state of California Government Code. It is specifically intended by such adoption that the development standards herein shall regulate all development within the specific plan area.

4.

Violations: Any person, firm or corporation, whether a principal, agent, employee or otherwise, violating any provisions of these regulations shall be made to comply with the Brentwood Zoning Ordinance pertaining to zoning misdemeanors.

5.

Unlisted Uses: Whenever a use has not been specifically listed as being a permitted use in a particular zone classification within the specific plan, it shall be the duty of the city community development director to

determine if said use is: (1) consistent with the intent of the zone; and (2) that said use is compatible with other listed permitted uses. Any person aggrieved by the determination may appeal that decision to the city planning commission.

D.

General Standards.

1.

Abandoned Vehicles: Those provisions contained in Chapter 10.28 of the Brentwood City Code shall apply to all development within the specific plan area.

2.

Nonconforming Uses of Land: Those provisions contained in Brentwood Zoning Ordinance Chapter 17.610 shall apply to all development within the specific plan area.

3.

Nonconforming Structures: Those provisions contained in Brentwood Zoning Ordinance Chapter 17.610 shall apply to all development within the specific plan area.

Planning Area Adjustments: The specific plan allows for flexibility to move uses within the general locations (planning areas) shown on the maps.

Adjustments in the planning area boundaries, which do not exceed a cumulative total of ten percent of the original size in acres, resulting from final road alignments, geotechnical or engineering refinements to the site plan, tentative and/or final tract shall not require an amendment of the specific plan where such adjustments are consistent with the intent of the city general plan and this specific plan.

Boundaries not dimensioned on the land use plan shall be established at the tentative or final subdivision map process.

5.

Exterior Lighting: Outdoor lighting in public rights-of-way and on private property shall be the minimum to serve its intended purpose. On private property, light sources shall be oriented downward and inward and fixtures shall be selected to minimize illumination of areas not intended to be lit. Generally, the light source shall be shielded so as not to be visible off the premises. Lighting levels will be sufficient to provide for personal safety after dusk.

6.

Outdoor Screening: Parking areas abutting street: A screen or other similar structure shall be installed along all parking areas abutting any street. Except as otherwise provided below, the screening shall have a maximum height of three and one-half feet.

a.

Outdoor storage in nonresidential areas shall be screened from view. Trash enclosures shall be enclosed and designed to minimize visibility.

b.

A screen as referred to above shall consist of one or any combination of the following:

i.

Walls, Including Retaining Walls: A wall shall consist of stone, tile or similar type of solid masonry material a minimum of six inches thick.

ii.

Berms: A berm shall be constructed of earthen materials and it shall be landscaped. iii.

Fences: A fence shall be constructed of wood, or other materials having a minimum nominal thickness of two inches.

c.

Mechanical Equipment: Mechanical equipment placed on any roof or ground level such as, but not limited to, air conditioning, solar devices, heating, ventilating ducts and exhaust, shall be reasonably screened or recessed from view from any abutting street or highway and any abutting residential planning areas. Note: Mechanical equipment is prohibited on residential roofs.

E.

Signage. Those provisions contained in the Brentwood Zoning Ordinance Chapter 17.640 (Signs) shall apply to all development within the specific plan area. A master sign plan shall be designed for the specific plan area which is to be submitted and approved by the city prior to the recordation of any final map. With each phase of development, the city shall ensure that signage is consistent with the master sign plan. F.

Parking. Parking shall be in conformance with the standards set forth in the Brentwood Zoning Ordinance Chapter 17.620 (Off-Street Parking). No on-street parking shall be allowed along major arterial streets nor along collector streets, as follows:

Major Streets: Balfour Road, Sellers Avenue

Collectors: Fairview Parkway, Oak Street, Sycamore Drive

G.

Landscaping. A landscaping and tree planting plan will be required for all development plans or similar information may be required to be included on plot plans.

All front yards adjoining a public or private street shall be landscaped prior to the granting of an occupancy permit. A landscaping plan indicating the type of plants, initial plant size, location and method of irrigation for all landscaped areas including single-family yard areas shall be submitted and approved by the city community development director.

The standards which follow shall apply to all development except, single-family detached subdivisions not

having common areas. Landscaping, consisting of evergreen or deciduous trees, shrubs or groundcover shall be installed and maintained subject to the following standards:

1.

General:

a.

Separation: Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six inches higher than the adjacent vehicular area.

b.

Water: Permanent automatic watering facilities shall be provided for all landscaped areas. This system may be augmented by water conserving vegetation.

c.

Maintenance: All landscaping shall be maintained in a neat, clean and healthful condition. The city has a requirement that all commercial sites enter into an agreement for the maintenance of landscaped areas.

d.

All plants within required setback shall be of species suited to valley conditions, using plants listed in the Garin Ranch Design Guidelines.

e.

Parking delineators of a minimum area of eighty square feet shall be established at a maximum separation of ten continuous parking stalls. The islands shall be landscaped with groundcovers, with one fifteen-gallon tree planted in each island. Trees should provide a sixty percent shade canopy within fifteen years of planting. A total of two trees shall be provided for every island:

f.

All landscaping required within this section shall be reviewed by the planning department as to the type, density of planting and size of plants intended for use. Irrigation lines should be extended to parkways along Balfour Road, Sellers Avenue and Fairview Parkway. A landscaping and lighting district will maintain landscaping within parks, public right-of-way and landscape easements. This landscape district will be annexed to an existing city landscape district. Landscaping within residential property lines shall be maintained by the property owner.

g.

All landscaped areas shall be surrounded with six-inch high concrete curbing, unless waived by the design review committee.

2.

Trees:

Spacing of trees is to be variable depending on type, location and eventual size. The Garin Ranch Design Guidelines specify street tree and median tree spacing.

b.

Trees to be used are listed in the Garin Ranch Design Guidelines, Section V.

3.

Shrubs: At least seventy-five percent of shrub planting shall be a five-gallon minimum size. One-gallon shrubs should only be used as accent shrubs.

4.

Berms: Berms are encouraged along street frontages with a slope rate not to exceed 3:1. Berms of two to three and one-half feet in height should be located along Sellers Avenue and Balfour Road. Berms are to be compacted prior to planting to prevent excessive runoff and sinkage. Black plastic is not to be used under wood chips on mounds, or slopes in general.

5.

Groundcovers:

a.

Definitions:

"Living groundcover"

shall mean low-growing plants or shrubs that after being planted will grow together to form a solid cover in one year or less. To achieve that coverage, low-growing groundcover plants taken from flats shall be planted a maximum of twelve inches on center and low-growing shrub type groundcovers grown in cans shall be planted a maximum of three feet on center.

"Non-living groundcover"

shall mean forest humus or walk-on bark, aggregate rock, and other materials by permission of the planning department.

b.

All areas within a required setback shall contain living groundcover or a combination of living and nonliving groundcovers (nonliving to be a maximum of twenty percent).

6.

Fencing: Fencing shall occur at the time of development.

A six-foot high solid masonry wall shall be provided along single-family residential areas adjacent to collector streets except for back or side on lots unless otherwise determined by the city community development director. However, side on culs-de-sac and breaks in fencing and variations in fencing setbacks are encouraged. Streetside and rear yard fencing shall be provided for all single-family detached units on individual lots. The fence will be a six-foot high solid wood fence. Noise attenuation walls along Balfour may require additional height and are subject to approval by the community development director. Commercial sites that abut residential areas shall provide a minimum of six-foot high masonry wall along such residential border. Pedestrian access from multifamily sites to commercial sites is encouraged.

7.

Specific Plan Regulation Validity: If any portion of these regulations is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions thereof. The city council hereby declares that they would have enacted these regulations and each portion thereof respective of the fact that anyone or more portions be declared invalid or ineffective.

H.

Reserved.

Commercial Development Regulations. The commercial zone is intended to serve the general shopping needs of the Garin Ranch community as well as the city of Brentwood and the surrounding area. Development, including subdividing parcels, will not be allowed within the commercial zone unless a comprehensive site development plan is approved by the planning commission. This plan must include a major tenant, a day care facility, a Park-and-Ride lot and pedestrian access to the school site.

1.

Permitted Uses: General retail sales excluding uses with outdoor storage or display; professional office uses, veterinarian or pet stores excluding kennels. Such uses include:

a.

Apparel stores, bakery, banks and financial institutions, beauty or barber shops, book store, candy stores, cleaning and laundry agencies, delicatessen, floral shops, food stores, gift shop, meat markets, offices, pharmacy, photography studios, photo processing, sporting goods, video machine and tape rental/sales. b.

Service uses including, but not limited to, addressing and mailing service, appliance, television and radio repair, barber or beauty shop, butcher, meat market, including frozen food locker, shoe repair, laundromat, dry cleaners and similar uses.

c.

Office uses.

d.

Restaurant or café without liquor sales.

e.

Day care facilities.

2.

Conditionally Permitted Uses:

a.

Billiard hall; dance hall; laboratory-medical, dental, optical; meeting room lodge, fraternal hall, community facility, medical or dental office, hospital, restaurant or café with liquor sales, on- or off-sale liquor establishments, recreation services.

b.

All drive-in, drive-through establishments (subject to Chapter 17.655), garden supply, outdoor sales or display.

3.

Site Development Standards: Any development of the commercial site will be preceded by a preliminary site plan for the entire site.

plan for the entire site.
Lot Area:	Minimum 7,500 sq. ft.
Lot Width:	Minimum 50 feet
Front Yard Setback:	25 feet on Highway 4 frontage, 20 feet along Balfour
Side Yard Setback:	10 feet, 0 feet if adjacent to existing commercial, 15 feet when abutting a residential use
Rear Yard Setback:	10 feet, 0 feet if adjacent to existing commercial, 15 feet when abutting a residential use
Building Height:	45 feet

Screening:	A 6-foot masonry wall shall be constructed along a property line to any residential use. Landscape screening as subject to city review. All commercial facilities shall provide masonry refuse disposal closure which meet city standards and specifcations.
Parking:	Of-street parking shall be provided in accordance with Chapter 17.620 of the Brentwood Municipal Code. The additional parking needed for the park and ride area may be partially credited toward the of-street parking.
Bus Facilities:	Facilities must be provided in the commercial zone for covered bus stops.
Illumination of Parking Facilities and Structures:	All commercial facilities shall provide adequate lighting or illumination of parking facilities and structures in accordance with Chapter 17.062, of the Brentwood Zoning Ordinance.
Open Storage or Display:	Open storage and/or outdoor display of merchandise is prohibited in the commercial zones.
Yards:	All required yards shall be utilized for landscaping only, except for access drives to the property.
Security Measures:	All commercial facilities shall provide security measures in accordance with city standards and subject to design review.
Conservation:	All commercial facilities shall, to the greatest extent possible, incorporate energy and water conservation measures in conformance with city standards and subject to design review.
Building and Roofng Materials:	All commercial facilities should utilize those materials which have been recommended as acceptable material, subject to design review, and maintained on fle within the planning department of the city of Brentwood.

J.

Residential Development Standards. The Garin Ranch specific plan has been designed to provide a variety of housing types including small and large lot single-family housing, attached single-family housing, condominiums, and townhouses. Provisions have also been made to allow for low and moderate income housing and senior housing. A minimum of fifty percent of all single-family detached units within the development and within each planning area shall be:

c plan has been designed to provide a variety of housing types including small and large lot single-family housing, attached single-family housing, condominiums, and townhouses. Provisions have also been made to allow for low and moderate income housing and senior housing. A minimum of fifty percent of all single-family detached units within the development and within each planning area shall be:

1.	Garage with side entry; or
2.	Detached garages within the rear yard; or
3.	Garage set back from the unit by at least fve feet. In this case the front yard setback can be reduced.
At least:
1.	Twenty-fve percent of all units within the southern half and northern half shall be one-story units.
2.	Twenty-fve percent of all units within the southern half and northern half shall be two story units.
Architecture style, as further outlined in the Garin Ranch Design Guidelines should emulate the quasi historic style of Brentwood through the use of porches, steeper roof pitches and dormer windows.

Large Lot Single-family Residential: The large lot single-family residential category allows for primarily singlefamily detached homes. The following standards apply to this category.

a.

Permitted Uses.

i.

One single-family dwelling per parcel.

ii.

Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003.

iii.

Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660.

iv.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.

v.

Home occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840.

vi.

Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.

vii.

The keeping of domestic animals or pets subject to BMC Chapter 17.670.

viii.

Signs subject to BMC Chapter 17.640.

b.

Conditionally Permitted Uses.

i.

(Reserved)

ii.

Public facilities including parks, playgrounds, public schools and other public buildings.

iii.

Churches, religious institutions and private schools.

iv.

Community buildings, clubs and activities of quasi public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project.

c.

Site Development Standards.

Unit Density:	Unit density shall not be greater than 4.5 dwelling units per acre.
Lot Area:	Minimum 6,000 square feet.
Lot Width:	Minimum 60 feet for interior lots and 65 feet for corner lots, minimum of 40 feet at the street for cul-de-sac lots.
Lot Depth:	Minimum 100 feet.
Height:	No main building shall exceed the height of 2 stories or 30 feet.

Rear Yard:	Minimum 15 feet, average 20 feet for all lots except those backing up to a thoroughfare, minimum 20 feet for thoroughfare lots, average 25 feet.
Front Yard:	Minimum 20 feet for front facing garages. Minimum 15 feet for house and side facing garages.
Side Yard:	Minimum 5 feet, sum of both side yards 12 feet. Corner lots shall have a minimum 10 feet on street side.
Garage:	Maximum 45% of the lot width.
Parking:	Minimum 1.0 space per lot, on street, plus 2 covered spaces in a garage.

2.

Medium Lot Single-Family Residential. The medium lot single-family residential category allows for primarily single-family detached homes. The following standards apply to this category.

Permitted Uses.

i.

One single-family dwelling per parcel.

ii.

Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003.

iii.

Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660.

iv.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.

v.

Home occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840. vi.

Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.

vii.

The keeping of domestic animals or pets subject to BMC Chapter 17.670.

viii.

Signs subject to BMC Chapter 17.640.

b.

Conditionally Permitted Uses.

i.

(Reserved).

ii.

Public facilities including parks, playgrounds, public schools and other public buildings.

iii.

Churches, religious institutions and private schools.

iv.

Large residential care facilities and day care centers subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.

c.

Site Development Standards.

Unit Density:	Unit density shall not be greater than 5.0 dwelling units per acre.
Lot Area:	Minimum 5,000 square feet.
Lot Width:	Minimum 50 feet for interior lots and 55 feet for corner lots, minimum of 40 feet at the street for cul-de-sac lots.
Lot Depth:	Minimum 100 feet.
Height:	No main building shall exceed the height of 2 stories and 30 feet.
Rear Yard:	Minimum 15 feet, average 20 feet for all lots except those backing up to a thoroughfare, minimum 20 feet for thoroughfare lots, average 25 feet.
Front Yard:	Minimum 15 feet for house and 20 feet for garage.
Side Yard:	Minimum 5 feet, sum of both side yards 12 feet. Corner lots shall have minimum 10 feet on street side.
Garage:	Maximum 45% of the lot width.
Parking:	Minimum 1.0 space per lot on street plus 2 covered spaces in a garage.

3.

Small Lot Single-Family Residential. The small lot single-family residential category allows for single-family detached homes and duets (single-family attached homes). The following standards apply to this category.

Permitted Uses.

i.

One single-family dwelling or duet per parcel.

ii.

Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003.

iii.

Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660.

iv.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.

v.

Home occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840.

vi.

Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.

vii.

The keeping of domestic animals or pets subject to BMC Chapter 17.670.

viii.

Signs subject to BMC Chapter 17.640.

Conditionally Permitted Uses.

i.

(Reserved)

ii.

Public facilities including parks, playgrounds, public schools and other public buildings.

iii.

Churches, religious institutions and private schools.

iv.

v.

Large residential care facilities and day care centers subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.

c.

Unit density shall not be greater than six dwelling units per acre.

d.

Site Development Standards for Single-Family.

Unit Density:	Unit density shall not be greater than six dwelling units per acre.
Lot Area:	Minimum 4,500 square feet.
Lot Width:	Minimum 45 feet for interior lots and 50 feet for corner lots. Minimum of 35 feet at the street for cul-de-sac lots.
Lot Depth:	Minimum 100 feet.
Height:	No main building shall exceed the height of 2 stories and 30 feet.
Rear Yard:	Minimum 15 feet, average 20 feet for all lots except those backing up to a thoroughfare. Minimum 20 feet for thoroughfare lots, average 25 feet.
Front Yard:	Minimum 15 feet for house and 20 feet for garage.
Side Yard:	Minimum 0 feet, sum of both side yards 10 feet. Corner lots shall have minimum 10 feet on street side.
Garage:	Minimum 5-foot ofset from the main building. Maximum 55% of the lot width.
Parking:	Minimum 1.0 space per lot on street plus 2 covered spaces in a garage. The on- street parking may also be provided via parking bays.

e.

Site Development Standards for Duets.

Lot Area:	Minimum 3,200 square feet.
Lot Width:	Minimum 40 feet for interior lots and 45 feet for corner lots. Minimum of 35 feet at the street for cul-de-sac lots.
Height:	No main building shall exceed the height of 2 stories and 30 feet.

Rear Yard:	Minimum 15 feet, average 20 feet.
Front Yard:	Minimum 10 feet for house and 20 feet for garage.
Side Yard:	Minimum 0 feet on the attached side and 5 feet on the exposed side, provided there is a minimum of 15 feet between buildings. Duets on corner lots shall have a minimum 10 feet on the street side.
Garage:	Minimum 5-foot ofset if 2 garages are attached.
Parking:	Minimum 0.5 spaces per lot on street plus 2 covered spaces in a garage. The on- street parking may also be provided via parking bays.

4.

Wide-Shallow Single-Family Residential. The wide-shallow single-family residential category allows for singlefamily detached homes on interior lots and duets on the corners. The following standards apply to this category.

a.

Permitted Uses.

i.

One single-family dwelling per parcel.

ii.

One duet per parcel on corner lots.

iii.

Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003.

iv.

Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660.

v.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.

vi.

Home occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840. vii.

Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.

viii.

The keeping of domestic animals or pets subject to BMC Chapter 17.670.

ix.

Signs subject to BMC Chapter 17.640.

b.

Conditionally Permitted Uses.

i.

(Reserved)

ii.

Public facilities including parks, playgrounds, public schools and other public buildings. iii.

Churches, religious institutions and private schools.

iv.

v.

Large residential care facilities and day care centers subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.

c.

Unit density shall not be greater than seven dwelling units per acre.

d.

Site Development Standards for Single-Family.

Lot Area:	Minimum 4,000 square feet
Lot Width:	Minimum 50 feet. Minimum 35 feet at the street for cul-de-sac lots.
Height:	No main building shall exceed the height of 2 stories and 30 feet.
Rear Yard:	Minimum 15 feet, average 20 feet.
Front Yard:	Minimum 20 feet for front facing garages. Minimum 15 feet for house and side facing garages.
Side Yard:	Minimum 5 feet, sum of both side yards 15 feet.
Garage:	Minimum 3-foot setback from the main building. Maximum 45% of the lot width.
Parking:	Minimum 1.0 space per lot on street plus 2 covered spaces in a garage. The on- street parking may also be provided via parking bays.

e.

Site Development Standards for Duets on Corners.

Lot Area:	Minimum 3,200 square feet.
Lot Width:	Minimum 40 feet for interior lots and 45 feet for corner lots. Minimum of 35 feet at the street for cul-de-sac lots.
Height:	No main building shall exceed the height of 2 stories and 30 feet.
Rear Yard:	Minimum 15 feet average 20 feet.
Front Yard:	Minimum 10 feet for house and 20 feet for garage.
Side Yard:	Minimum 0 feet on the attached side and 10 feet on the exposed side. Duets on corner lots shall have minimum 10 feet on street side.
Garage:	Minimum 5-foot ofset if 2 garages are attached.
Parking:	Minimum 1.0 spaces per lot on street plus 2 covered spaces in a garage. The on- street parking may also be provided via parking bays.

5.

Small Lot Single-Family Alley Homes. The small lot alley home category allows for small lot detached homes served by a network of private streets and alleyways. The following standards apply to this category.

Permitted Uses.

One detached single-family home per parcel.

ii.

Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003.

iii.

Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660.

iv.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.

v.

Home occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840.

vi.

Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.

vii.

The keeping of domestic animals or pets subject to BMC Chapter 17.670.

viii.

Signs subject to BMC Chapter 17.640.

b.

Conditionally Permitted Uses. Large residential care facilities and day care centers subject to locational criteria adopted by the resolution of the planning commission of the city of Brentwood.

c.

Unit density shall not be greater than 7.9 dwelling units per acre.

d.

Site Development Standards.

Lot Area:	Minimum 3,149 square feet.
Lot Frontage:	32 feet measured at the front property line.
Height:	No main building shall exceed the height of 2 stories and 30 feet.
Front Yard:	Minimum 20 feet for garage. Minimum 12 feet for living space. Minimum 10 feet for porches.
Side Yard:	Minimum 5 feet. Minimum 10 feet on the street side of corner lots.
Rear Yard:	Minimum 10 feet.
Parking:	Minimum of 2 covered spaces in a garage and two spaces within the private driveway.

6.

Duet/Townhouse Residential. The duet townhouse category allows for duets (attached single-family) townhouses, and low density condominiums. Senior housing may be allowed in this planning area with a higher maximum density. The following standards apply to this category.

a.

Permitted Uses.

i.

One duet, townhouse, or condominium per parcel and senior housing.

ii.

Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003.

iii.

Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660.

iv.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.

v.

Home Occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840. vi.

Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.

vii.

The keeping of domestic animals or pets subject to BMC Chapter 17.670.

viii.

Signs subject to BMC Chapter 17.640.

b.

Conditionally Permitted Uses.

i.

Public facilities including parks, playgrounds, public schools and other public buildings.

ii.

Churches, religious institutions and private schools.

iii.

iv.

Large residential care facilities and day care centers subject to locational criteria adopted by the resolution of the planning commission of the city of Brentwood.

c.

Unit density shall not be greater than ten dwelling units per acre. d.

Site Development Standards for Duets.

Lot Area:	Minimum 4,000 square feet.
Lot Width:	Minimum 40 feet for interior lots and 45 feet for corner lots. Minimum of 35 feet at the street for cul-de-sac lots.
Lot Depth:	Minimum 100 feet.
Height:	No main building shall exceed the height of 2 stories and 30 feet.
Rear Yard:	Minimum 15 feet, average 20 feet.
Front Yard:	Minimum 10 feet for house and 20 feet for garage.
Side Yard:	Minimum 0 feet on the attached side and 10 feet on the exposed side. Duets on corner lots shall have minimum 10 feet on street side.
Garage:	Minimum 5-foot ofset if 2 garages are attached.

Parking: Minimum 1.0 space per lot plus 2 covered spaces in a garage. The common parking may also be provided via parking bays.

e.

Site Development Standards for Townhouses.

i.

Site Area: Minimum five acres.

ii.

Setbacks: Minimum setbacks from property lines shall be as follows:

Type of Setback	Type of Setback	Building *	Parking ,*
Abutting a public right-of-way		20 feet plus 1 foot for each foot of building height over 20 feet	15 feet
Property lines not defning a public right-of-way		20 feet	10 feet
Abutting a lot zoned for single-family residential or abutting football feld		50 feet	10 feet
Notes:
*	Includes garages and accessory buildings.
**	Includes carports, driveways and other paved areas used for parking.

iii.

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

iv.

Garage: Minimum five-foot offset if two garages are attached.

v.

Parking: Minimum one-half space per dwelling unit plus two covered spaces in a garage. The common parking may also be provided via parking bays.

vi.

Other: No more than six units may be attached, provided that no more than four units within a cluster about the same public or private street. A minimum of fifty percent of the site shall be open space, exclusive of parking lots, driveways, or residential buildings. Recreational buildings may be included in the open space area.

f.

Site Development Standards for Condominiums.

i.

Site Area: Minimum five acres.

ii.

Setbacks: Minimum setbacks from property lines shall be as follows:

Type of Setback	Building *	*Parking , ****
Abutting a public right-of-way	20 feet plus 1 foot for each foot of building height over 20 feet	15 feet
Property lines not defning a public right-of-way	20 feet	10 feet

Type of Setback	Type of Setback	Building *	*Parking , ****
Abutting a lot zoned for single-family residential or abutting football feld		50 feet	10 feet
Notes:
*	Includes garages and accessory buildings.
**	Includes carports, driveways and other paved	areas used for parking.

iii.

Parking: One covered space in a garage plus one and one-half uncovered spaces per unit.

iv.

Storage: Minimum two hundred cubic feet per unit located within or adjacent to the garage.

v.

Other: A minimum of fifty percent of the site shall be open space, exclusive of parking lots, driveways, or residential buildings. Recreational building may be located within a required open space area.

g.

Site Development Standards for Senior Housing.

i.

Unit Density: Unit density shall not be greater than twenty-four dwelling units per acre.

ii.

Site Area: Minimum five acres.

iii.

Setbacks: Minimum setbacks from property lines shall be as follows:

Type of Setback	Type of Setback	Building *	*Parking , ****
Abutting a public right-of-way		20 feet plus 1 foot for each foot of building height over 20 feet	15 feet
Property lines not defning a public right-of-way		20 feet	10 feet
Abutting a lot zoned for single-family residential or abutting football feld		50 feet	10 feet
Notes:
*	Includes garages and accessory buildings.
**	Includes carports, driveways and other paved	areas used for parking.

iv.

Parking: Minimum one-half covered space in a garage and one-half uncovered space per unit.

v.

Storage: Minimum two hundred cubic feet per unit located within or adjacent to the garage.

vi.

Other: A minimum of fifty percent of the site shall be open space, exclusive of parking lots, drive-ways, or residential buildings. Recreational buildings may be located within a required open space area.

h.

Special Requirements.

Area #11: Due to the proximity to the school, only townhouses and low density condominiums will be allowed in Planning Area #11. A minimum setback of seventy-five feet shall be maintained from the school property line to the nearest residential structure.

ii.

Area #10: A Civic Facilities overlay zone shall be applied to area #10 for possible expansion of school district or city facilities.

K.

Public Facilities. The purpose of the public facility zone is to provide areas for public facilities such as government offices, community centers, schools and parks.

1.

Permitted Uses.

a.

Governmental or public administrative offices, special district offices, social service offices and similar uses and rights-of-way.

b.

Quasi public offices such as public utility offices and rights-of-way.

c.

Public parks, public schools.

2.

Conditionally Permitted Uses. Other appropriate uses as determined by the planning commission.

3.

Site Development Standards.

a.

Minimum Lot Area: Ten thousand square feet.

b.

Minimum Lot Width: One hundred feet.

c.

Setbacks: Front: Minimum ten feet.

d.

Rear: Minimum twenty feet

e.

Side: Minimum fifteen feet

f.

Maximum Building Height: thirty feet.

L.

Open Space Park Standards. Open space areas are established for preservation of natural, visual resources and floodplain areas, for active and passive recreation, and for the enjoyment of the Garin Ranch community and the city of Brentwood.

1.

Permitted Uses.

a.

Public or quasi-public uses including, but not limited to, the following:

i.

Parks;

ii.

Pedestrian, bicycle and equestrian trails;

iii.

Vista points;

iv.

Nature preservation and study areas;

v.

Archeological and paleontological study sites.

b.

Infrastructure service facilities or extension necessary for the development of the adjacent urban areas, including, but not limited to, the following:

i.

Roads;

ii.

Flood control works;

iii.

Utility transmission lines;

iv.

Infrastructure service facilities or extension necessary to serve the adjacent urban areas, and as identified in subsection I herein.

c.

Accessory uses which clearly are incidental or necessary to permitted uses.

2.

Conditionally Permitted Uses. Tennis courts, swimming pools, sports facilities, including community or health centers.

Stables and other equestrian-related facilities, when not located within one hundred feet of any habitable structure.

3.

Site Development Standards. Development standards for those permitted uses shall be established by the staff approval permit or other applicable plan, as determined by the city. When uses proposed in the open space/park land use classification are permitted in other land use classifications of the Garin Ranch specific plan, the development standards in those other applicable classifications shall apply.

	GARIN RANCH LAND USE
Housing Type	Planning Area #	Acres	Dwelling Units
Residential:
Cluster Home	1	6.9	64
Small S.F. Alley Homes	9	6.1	48
Zero Lot Line	5	10.5	96
Small S.F.	6	34	202
Medium S.F.	2	17.4	88
	8	17.4	88

	GARIN RANCH LAND USE
Housing Type	Planning Area #	Acres	Dwelling Units
Large S.F.	7	22.4	101
Wide-Shallow S.F.	3	15.6	109
	4	8.8	62
Total		139.1	858
Public Facilities:
Parks		6.8
Parks/Detention		17.9
Road ROW		18.6
Commercial		8.5
Total Plan Area		190.9	858

(Ord. 857 § 2, 2008; Ord. 864 § D, 2009; Ord. 975 § 2, 2016; Ord. 991 § 4, 2017; Ord. 1067, 2/27/2024; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025; Ord. 1089, 10/14/2025)

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(Ord. 960 § 7, 2015; Ord. 975 § 2, 2016)

==> picture [519 x 34] intentionally omitted <==

Chapter 17.468 PD-18 (PLANNED DEVELOPMENT EIGHTEEN) ZONE (§ 17.468.001 – § 17.468.006)

The authority, purpose and intent for the adoption of the PD-18 (planned development eighteen) zone is as follows:

A.

Authority. PD-18 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-18 zone is to permit and regulate development of the four hundred forty-one plus or minus acres within the zone as designated by the city general plan.

C.

It is intended that in order to achieve the purpose of the PD-18 zone of implementing the development of single-family housing and commercial uses, the zone district shall be divided into several subareas as shown in Section 17.468.006 of this chapter and made a part of this chapter, and as further described below. The primary uses intended for this area shall consist of single-family residential, neighborhood commercial, office, park and open space uses. The boundaries of the PD-18 zoning district and its subareas are as shown on the map in Section 17.468.006.

(Ord. 857 § 2, 2008)

The following uses are permitted within the PD-18 zone:

Subarea A—Single-Family Residential.

primary uses intended for this area shall consist of single-family residential, neighborhood commercial, ofce, park and open space uses. The boundaries of the PD-18 zoning district and its subareas are as shown on the map in Section 17.468.006. (Ord. 857 § 2, 2008) The followinguses arepermitted within the PD-18 zone:
Subarea A—Single-Family Residential.
1.	Those uses which are permitted uses within the R-1 (single-family residential) zone.
Subarea B—Neighborhood Commercial.
1.	Convenience retail uses such as a bakery, pastry chop, bookstore, candy store, forist, newsstand, stationery/gift shop, ice cream parlor, supermarket, drugstore and similar uses;
2.	Services uses such as laundromat, laundry or dry cleaning pickup station, shoe repair, beauty and barber shop;
3.	Financial institutions;
4.	Those uses which are permitted in Subarea C—Ofce.
Subarea C—Ofce.
1.	Business and professional ofces such as architects, attorneys, accountants, engineers, insurance agency, travel agency, real estate, medical, dental, dental laboratory, optical clinics, title companies, fnancial institutions, automatic teller machine (ATM); other professional and general business ofces and data processing facilities. Both single- and multi-tenant ofce uses are permitted;

2.	Service uses including addressing and mailing service, blueprinting, printing and photostating service; drafting service; messenger service; television, computer, radio and appliance repair; stenographic service; telegraph ofce; answering service; private postal box service; and similar services typically associated with administrative and professional ofces. Automotive, boat, recreational vehicle or similar sales and/or service are specifcally prohibited;
3.	Information data processing facilities;
4.	Storage, warehousing and warehousing uses which include a small percentage of ofce uses, including, but not limited to, general contractors, plumbing contractors, and electrical contractors, provided that there is no outdoor storage;
5.	Finish product assembly such as computer assembly, bookbinding and garment manufacturer;
6.	Commercial uses or retail sales, including, but not limited to, commercial uses which may or may not manufacture their primary product on the premises such as drapery shop, cabinet shop, upholstery shop, carpet sales, spa sales, sales of building supplies, satellite dish sales and furniture sales.
Subarea D—Open Space.
1.	Parks and related facilities.
(Ord. 857 § 2, 2008)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

(Ord. 857 § 2, 2008) The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

Subarea A—Single-Family Residential.
1.	Those conditionally permitted uses within the R-1 (single-family residential) zone.
Subarea B—Neighborhood Commercial.
1.	Restaurant or café restricted to sit down facility only, excepting a drive-through cofee use approved only for the east end of the building located at 390 West Country Club Drive approved with Design Review 04-37, and on and of sale liquor establishments;
2.	Convenience banking center, drive-in or drive-through establishments relating to permitted uses in the zone (subject to Chapter 17.655), excluding a drive-in or drive-through restaurant;
3.	Nursery, child care, day care center, meeting hall or fraternal hall, community center;
4.	Those uses which are conditionally permitted in Subarea C—Ofce.
Subarea C—Ofce.
1.	Hospitals; medical facilities; facilities for care of the elderly including residential, congregate residential and convalescent care;
2.	Restaurants and other facilities serving employees;
3.	Financial institutions.
4.	Health club, reducing studio or recreational club;
5.	Veterinary clinic;
6.	Public and quasi-public use such as government ofce, library, employment ofce, utility ofces, and similar uses, including daycare facilities;

Similar uses subject to the approval of the zoning administrator. Subarea D—Open Space.
Golf course and associated uses, including the clubhouse, driving range, etc. Subarea E (APN 019 680 023)—Recreational Vehicle and Boat Storage.
Recreational vehicle and boat/watercraft storage on the property identified as APN 019680023 that shall be limited to use only by the residents of the Shadow Lakes development which includes Final Map Subdivision Numbers 7705, 8210, 8299, 8305, 8322, 8344, 8373, 8374, 8375, 8659, 8663 and 8953. The storage of inoperable vehicles is expressly prohibited.

(Ord. 857 § 2, 2008; Ord. 1089, 10/14/2025)

Subarea A—Single-Family Residential.

1.

Minimum lot area: the minimum lot area shall be six thousand square feet;

2.

Minimum lot width: the minimum lot width shall be sixty feet. Cul-de-sac lots shall have a minimum lot width of sixty feet as measured parallel thirty feet back from the front property line;

3.

Minimum lot frontage: the minimum lot frontage shall be one-half of the required minimum lot width;

4.

Minimum front yard setback: the front yard setback shall be twenty feet as measured from the property line to the face of the garage and fifteen feet to any building façade or side entry garage;

5.

Minimum side yard setbacks: side yard setbacks shall be fifteen feet aggregate, with five feet being the minimum as measured from the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet. Minimum distance between houses shall be fifteen feet;

6.

Minimum rear yard setback: the minimum rear yard setback shall be fifteen feet with an overall average setback of twenty feet as measured from the building foundation;

7.

Maximum building height: the maximum building height for all structures shall be two stories, not to exceed thirty-five feet. Split-level lots may be three stories, which do not exceed thirty-five feet in height as measured from the lowest pad elevation on the lot;

8.

Architectural Design.

a.

Three-car garages including golf cart garages shall be allowed on lots over sixty feet wide, and four-car garages shall be allowed on lots over eighty feet, provided that any garage does not exceed thirty-two feet in width, as measured at the garage door face. All third or fourth car garages shall be offset from the main plane of the house,

b.

Dual side entry four-car garages shall be allowed on lots over eighty feet wide as long as there are two separate garage structures,

c.

A single off-set four-car garage may have a reduced inside length of eighteen feet,

d.

All front entry doors shall be visible from the street and shall provide a minimum of two steps into the house,

e.

The use of stone and masonry accent material is encouraged. The use of a variety of roof materials (tile, fire retardant shake) is encouraged,

f.

A variety of architectural designs shall be used in clusters throughout the development area. The exact design shall be determined at the time of design review.

The use of stone and masonry accent material is encouraged. The use of a variety of roof materials (tile, fre retardant shake) is encouraged, f. A variety of architectural designs shall be used in clusters throughout the development area. The exact design shall be determined at the time of design review.
Subarea B—Neighborhood Commercial.
1.	Minimum lot area: the minimum lot area shall be 0.80 acres;
2.	Minimum street frontage yard: the minimum street frontage yard consisting of building frontage along all public streets shall be twelve feet which shall be landscaped. A public sidewalk shall be included within this required width;
3.	Minimum non-street frontage yard: the minimum non-street frontage yard shall be zero feet except that the minimum building setback from a residential zone shall be twenty feet, which shall be landscaped;
4.	Maximum building height: the maximum building height shall be two stories, not to exceed thirty-fve feet.
Subarea C—Ofce.
1.	Minimum lot area: the minimum lot area shall be one acre;
2.	Minimum street frontage yard: the minimum street frontage yard consisting of building frontage along all public streets shall be ffteen feet which shall be landscaped. A public sidewalk shall be included within this required width;
3.	Minimum non-street frontage yard: the minimum non-street frontage yard shall be zero feet except that the minimum building setback from a residential zone shall be twenty-fve feet, which shall be landscaped;
4.	Maximum building height: the maximum building height shall be two stories, not to exceed thirty-fve feet.
Subarea D—Open Space.
1.	Parks and open space shall be substantially as approved with VTSM 7705.
Subarea E—Recreational Vehicle Storage. Development standards shall be determined by subsequent conditional use permit approval. Such conditional use permit shall include the following: Sufcient landscaping to screen the facility from adjacent residential uses, limited hours of operation, maximum size, height ad length of vehicles stored, maximum number of vehicles stored, security measures for the facility which shall also prohibit the use of barbed wire or other razor-type wire, and restrictions limited the use of the facility to the residents of the Shadow Lakes development which includes Final Map Subdivision Numbers 7705, 8210, 8299, 8305, 8322, 8344, 8373, 8374, 8375, 8659, 8663, and 8953.
(Ord. 857 § 2, 2008) A.

Landscaping. The landscaping standards for this development area shall comply with the regulations contained in Chapter 17.630, Landscaping and Screening, except as provided below:

1.

Street Trees. Street trees are required to be planted on all streets within the development area. Tree spacing shall be staggered thirty feet on center on the parkway, and an average of thirty feet on center on other, residential streets. This also includes the Balfour Road frontage adjacent to soundwalls. Trees along the golf course frontage on Balfour Road should be clustered to allow views into the golf course.

2.

Entryway Design and Balfour Road Landscaping. The design of the entryways shall consist of signage, landscaping, hardscape and other materials in the development area shall be reviewed by the planning commission. Landscaping and soundwall design shall be consistent along Balfour Road. 3.

Graded Slope Landscaping.

a.

All graded slopes shall require revegetation with native plant species, which are indigenous to the Brentwood area, whenever possible, to retain natural character, maintain views and contribute towards slope stabilization.

b.

To ensure safe fire protection, fuel modification zones utilize plant materials that provide a gradual transition to natural vegetation to avoid hard planted edges.

c.

Landscape plans for all graded slope areas shall be reviewed by the fire chief, planning commission, and other interested parties prior to implementation.

B.

Parks and Open Space. All park areas and any relevant open space areas or alterations thereto shall require design review by the parks commission prior to final tract map approval, for each park in that particular tract. Facilities to be included in each park are as follows:

1.

Mini-parks (0 to 2 acres).

a.

Free play lawn area,

b.

Shade landscaping,

c.

Benches and low seat walls,

d.

Picnic table with barbeque,

e.

Other facilities required at the time of park plan submittal;

2.

Neighborhood Parks (2.1+ acres).

a.

Play equipment such as swings, slides, jungle gyms and climbing apparatus,

b.

Softball and Little League field, including, but not limited to, bleachers, dugouts, skinned infield,

Volleyball pit, par course, full-court basketball,

d.

Picnic tables, barbecue pits, drinking fountains,

e.

Restrooms,

f.

Other facilities required at the time of park plan submittal;

Open Space.

a.

Areas to remain as open space, as indicated on the approved subarea map as subarea D may be required to be offered for dedication as part of a public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, acceptable to the council, sufficient to assure the maintenance and preservation of such open space for whatever purpose it is intended. Covenants or other legal arrangements shall specify the ownership of the open space; method of maintenance; responsibility for maintenance; maintenance; taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the council; and any specification deemed necessary to the city,

b.

All ungraded open space areas shall remain in their natural state, with no additional plantings,

c.

All property approved as a golf course shall remain as open space, until such time as a golf course is deemed necessary for implementation. At no time shall any residential development occupy that area designated as a golf course except as that area described as a 1.64 acre Parcel "D," created by MS 10-002, located east of West Country Club Drive and south of Lakeview Drive, d.

Public play shall be provided to the golf course. The exact terms and agreements between the developer and the city shall be negotiated prior to opening of the course. C.

Hillside Development and Grading. This subsection pertains to the design and development of prominent hilltop and ridgeline areas. This section is required due to the physical nature of the property. All requirements for development, as outlined in PD-18, shall be complied with in addition to this subsection.

1.

Ridge Views. Off-site views of distant ridgelines as seen off-site (looking west, and northwest) should not be impaired and shall be protected;

2.

Pad Grading.

a.

All 2:1 slopes shall not exceed twenty feet between pads, shall be located in rear or side yards, and shall be hidden from public view. All plot plans shall give final pad elevations and top of slope elevations for each lot, b.

Every means shall be undertaken to provide split-level lots (vertical and horizontal) which correspond to the natural contour,

All building pads that do not drain to the street shall have drains installed in the rear portion of the lot for horizontal rear yard split-level lots. All other lots shall drain to the front of the lot and away from the house foundation. Individual lot drains shall be installed, where necessary;

3.

Contour Grading. Cut and fill slopes shall be designed without long uninterrupted flat surfaces, meaning that the slopes shall be sculptured with existing contour and without sharp angles of intersection at top and bottom of slopes. Slopes shall be rounded at top and bottom, and wherever constructed slopes shall blend with existing topography;

4.

Erosion Control. Slope and pads graded and left longer than ninety days should be hydroseeded or planted with nonirrigated materials and allowed to naturalize. During the rainy season (October fifteenth through April fifteenth), slopes and pads graded and left longer than thirty days should be hydroseeded or planted with nonirrigated materials and allowed to naturalize;

5.

Wall and Fence Location. All masonry soundwalls, park, golf course and "good neighbor" fences shall be set back a minimum of one foot at the top of slope. All lots which abut the golf course shall have a six-foot high wrought iron fence with brick columns or similar materials planned for project consistency set at thirty-foot intervals;

6.

Architectural Design. This subsection is to provide direction for the design and construction of homes within this subarea, due to the physical nature of this subarea.

a.

A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside are required,

b.

Large, two-story unbroken wall expanses which face public view shall be avoided, such wall expanses shall be enhanced through varied architectural elements,

c.

Exterior finishes of dwelling units and structures shall blend in with natural surroundings of the area and shall not dominate the natural environment,

d.

The need for building skirting shall be kept at a minimum by stepping the foundation and using appropriate hillside architectural designs,

e.

Building height and scale shall respond to the existing terrain,

f.

All side split-level lots shall be limited to a two-car garage. However, through the design review process, a third car garage may be allowed if the garage is side entry and offset from the main plane of the house. D.

Streets.

1.

Street Standards.

a.

All public and private street standards within the development area shall conform with those standards adopted by the department of public works for residential collector and cul-de-sac streets. However, East

Country Club Drive and West Country Club Drive which provides access to the project shall have a ROW of ninety-six feet. Single loaded parkway areas next to the golf course shall have a reduced street width, eliminating the parking lane. The road standard shall be shown on an approved vesting tentative map, b.

Private streets within gated areas shall be allowed to have a sidewalk on one side of the street only,

c.

All on-street parking and sidewalks shall be eliminated on streets which abut the golf course;

2.

Light Standards. Street lights for the parkway and local residential streets, pedestrians and lights for walkways shall be staggered on each side of the street, and the standards for the public streets shall be approved by the department of public works. In no case shall lighting spill over into private lots from neighborhood commercial, park and driving range facilities.

E.

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

F.

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

G.

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

H.

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

I.

Uses within the neighborhood commercial and office areas shall comply with those development standards as defined in Section 17.200.003.

J.

Uses within the neighborhood commercial area and office areas shall comply with those performance standards as defined in Section 17.200.004.

Design review applications for the homes shall be limited to the first one hundred lots, in one hundred-lot increments.

L.

Fifty percent of the homes along the Delta Expressway and Balfour Road shall be single-story.

M.

Design and site development review shall be required for all housing units pursuant to Sections 17.100.003, 17.100.004(H) and Chapter 17.820.

N.

A master plotting plan, illustrating the placement of the house plans, shall be submitted for each phase or tract of development.

O.

The use of model home complexes shall be allowed within a recorded tract and subsequent tracts throughout the development plan are subject to the issuance of a temporary use permit as required by Chapter 17.850.

P.

All development shall comply with Chapter 17.805, Phased Development Plan, and that all adequate agreements between the developer(s) and the city are in place (financing mechanisms, phasing, etc.) prior to

approval of any tract map(s). (Ord. 857 § 2, 2008; Ord. 890 § 2, 2011)

==> picture [519 x 639] intentionally omitted <==

(Ord. 960 § 8, 2015)

Chapter 17.469 PD-19 (PLANNED DEVELOPMENT NINETEEN) ZONE (§ 17.469.001 – § 17.469.005)

The authority, purpose and intent for the adoption of the PD-19 (planned development nineteen) zone are as follows:

A.

Authority. PD-19 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations.

B.

Purpose and Intent. The purpose of the PD-19 zone is to permit and regulate the orderly development of Tract 7399 (Phase IV) of the Four Seasons development located south of Balfour Road and west of Marsh Creek. Four Seasons Phase IV consists of approximately thirty-nine gross acres intended for the

development of up to one hundred twenty-two residential dwelling units. The exact number of units will be determined through the tentative map procedure, Chapter 16.050. The density for this phase shall not exceed 3.15 dwelling units/acre. The boundary of the PD-19 zoning district is as shown on the map in Section 17.469.005.

(Ord. 857 § 2, 2008)

The following uses are permitted within the PD-19 zone.

The following uses shall be permitted:

1.

One single-family dwelling per parcel;

2.

Accessory uses subject to Section 17.650.003, excluding rooming and boarding, transient housing, and nonresidential accessory uses (i.e., Christmas tree lot, fruit stand, etc.);

3.

Accessory buildings subject to Section 17.660.006 and accessory structures subject to Section 17.660.007. Temporary uses defined in Section 17.850.003 shall also be excluded;

4.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

Community and neighborhood parks as shown on approved tentative map;

The keeping of domestic animals or pets subject to Chapter 17.670;

Small-family day care facilities limited to a maximum of six children;

8.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

9.

(Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

Street Standards.

1.

Introduction. The design of streets provides for comfortable and convenient pedestrian access throughout the neighborhood by creating direct routes, and by promoting visual interest at a human scale along the way;

2.

Standards.

a.

Street Standards. Street widths will be sixty feet ROW for major residential streets and a fifty-six foot ROW for minor residential streets. The location of the streets shall be as indicated on an approved tentative map,

b.

Sidewalks, Crosswalks and Bike Trails.

i.

Sidewalks are to be continuous and link with other paths rather than dead end. They are to be generally straight with minimal meandering. There shall be a five-foot-wide parkway strip placed between the back of curb and the sidewalk on all streets except the south side of F Drive which shall have an eight-foot meandering sidewalk,

ii.

Bike paths: concrete or A.C. paving to be consistent with city-wide bike path master plan.

c.

Utility Location and Screening. All electrical and utility vaults are to be placed below ground, d.

B.

Residential Standards.

1.

Height. Building heights in the residential areas shall not exceed two stories or thirty feet;

2.

Setbacks. Building setbacks vary depending on site plan configuration and whether side drive or corner lot.

a.

Minimum lot area: Four thousand seven hundred twenty-five square feet,

b.

Minimum lot frontage: Thirty feet for cul-de-sac and knuckle lots and forty-five feet for standard lots,

c.

Minimum width for corner lots shall be fifty feet,

d.

Minimum lot depth: One hundred five feet,

e.

Front yard: Twelve feet six inches minimum to front porch and seventeen feet five inches to the house; units to be staggered along the street three feet to five feet where possible. Fifty feet minimum to the garage on a standard lot with a front-on garage and five feet minimum with a side-on garage with two parking spaces provided in the driveway,

f.

Side yard for house: Three feet minimum, seventeen feet aggregate,

g.

Side yard for detached garage: One foot interior lot and five feet for side-on garage on a corner lot. If garage is accessed straight on, then a twenty-foot setback shall be maintained,

h.

Rear yard: three feet for the garage. Twenty-five feet minimum for a one-story house and thirty feet for a twostory house,

i.

Encroachment into yards: Chapter 17.660 dealing with encroachment into required yards does not apply. Where permitted by building codes, eaves may extend one-half the distance between the building and the property line. Chimneys may project into the side yard setback by one and one-half feet, provided that the side fence is set back to the rear of the chimney,

j.

Minimum building separation: Seventeen feet between houses, active orientation; ten feet between houses, passive orientation, with seven foot/three foot side yard minimums; six feet minimum between garages (See the development plan and related exhibits,

k.

Unit mix: Twenty-five percent single-story units will be provided;

Building Configuration, Orientation.

a.

Include rear yard garages accessed via side drive. The front yard setbacks are reduced to bring the entry/porch and living areas closer to the sidewalks, encouraging interaction with neighbors;

4.

Porches/Entries. Front doors must be on the front façade and be visible from the street. Front porches must have a minimum square footage of fifty-five square feet;

5.

Side drives are a maximum of ten feet wide from curb cut to parking courtyard where it may widen out. Special paving or a "Hollywood" drive is required for the ten-foot wide portion of the side drive at a minimum; 6.

Corner Lots. Standard setbacks (in paragraph 2 of this subsection) apply for corner lots. The side drive elevation of the unit should face the corner property line whenever possible. The driveway must access the parking court by the side property line with a maximum twelve-foot curb cut and drive. The area in front of the garage must allow for a minimum of two off-street parking spaces;

7.

Architectural Design. To ensure a certain amount of variation within the development, a minimum of three unit types, three variations on each unit type and three individual color schemes, and two roofing materials with two roof colors or one material and three colors are required.

a.

Articulation and Massing and Roofs. Combination of gables and hip roof forms will be used. Roof slopes shall be 5:12 or greater for primary roofs. Articulation of the building façade should relate to the roof form of the building. No "bubble" skylights visible from the street allowed,

b.

Materials. Horizontal board siding, shingles or stucco is required for all homes. No plywood siding is allowed, c.

Windows. Front elevation windows shall be vertical in proportion, or divided by mullions, or divided into separate lights. Long horizontal sliding windows are strongly discouraged,

d.

Fencing. Fencing may be of a different board siding than the homes. Side yard fencing will be recessed a minimum of ten feet behind front façade of house. On corner lots, fencing will only enclose the rear yard on street side and be recessed a minimum of two feet behind the garage façade. Visible fencing for corner lots shall be of an upgraded material and stained or painted to match the siding of the homes;

8.

Yard Trees and Landscaping.

a.

Two trees required per interior lot; minimum of three trees required per corner lot to be planted between the sidewalk and the curb. Approximate spacing for street trees shall be twenty feet on center (Ord. 857 § 2, 2008)

A.

The design and site development review procedure contained in Chapter 17.820 shall apply to this development.

B.

If not specifically covered in these PD standards, it is then governed by Title 17, the zoning ordinance of the city.

(Ord. 857 § 2, 2008)

==> picture [519 x 651] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.470 PD-20 (PLANNED DEVELOPMENT TWENTY) ZONE (§ 17.470.001 – § 17.470.008)

The authority, applicable law, purpose and intent for the adoption of the PD-20 (planned development twenty) zone are as follows:

A.

Authority. The PD-20 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations.

B.

Applicable Law. "Brentwood Municipal Code" means the Brentwood Municipal Code in effect at the time of adoption of the PD ordinance codified in this chapter.

C.

Purpose. The purpose of the PD-20 zone is to permit and regulate the development of seven hundred twenty acres described on the development plan and related exhibits and to allow a mixture of uses, unusual building intensity and design characteristics, and variations in density that would not normally be permitted in a single-use zone. This land is designated by the Brentwood community development plan for planned employment center, park/recreation, residential (urban), commercial/office, public facility, school, and street uses.

D.

Intent. It is intended that, in order to achieve the purpose of the PD-20 zone of implementing the

development of a planned employment center in conformance with the Brentwood community development plan, development within the PD-20 zone shall be in such accordance by inclusion of land uses substantially conforming to the locations and acreage shown on the development plan and related exhibits. It is further intended that no construction shall occur in the PD-20 zone before approval of a development plan and adoption of detailed regulations for development, as set forth in Section 17.470.005. The boundaries of the PD-20 zoning district and its subareas are as shown on the map in Section 17.470.008. (Ord. 857 § 2, 2008)

The following uses are permitted within the PD-20 zone.

A.

Single-Family (SF). Permitted uses shall be attached single-family homes, including model homes sales facilities; common-use recreation facilities; and other uses, including home occupations, determined similar or compatible by the zoning administrator.

1.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

2.

B.

General Commercial. The following uses shall be permitted:

1.

General retail sales, excluding uses with outdoor storage or display, professional office uses; veterinarian or pet store, excluding kennels;

3.

Similar uses subject to the approval of the zoning administrator.

C.

Planned Employment Center. The following uses shall be permitted:

1.

Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, travel agency, real estate, medical, dental, dental laboratory, optical clinics, title companies, financial institutions, other professional and general business offices and data processing facilities. Both single and multi-tenant office uses are permitted;

2.

Service uses, including addressing and mailing service, blueprinting and photostating service (other than a printer or lithographer); drafting service; messenger service; television, computer, radio and appliance repair; stenographic service; telegraph office; answering service; private postal box service and similar services typically associated with administrative and professional offices. Automotive, boat, recreational vehicle or similar sales and/or service are specifically prohibited;

3. Information data processing facilities;

4.

Storage, warehousing and warehousing uses which include a small percentage of office uses, such as general contractors, plumbing contractors, electrical contractors, etc., provided that there is no outdoor storage;

5.

Finished product assembly such as computer assembly, bookbinding and garment manufacture;

6.

Commercial uses or retail sales, including, but not limited to, commercial uses which may or may not

manufacture their primary product on the premises such as drapery shop, cabinet shop, upholstery shop, carpet sales, spa sales, sales of building supplies, satellite dish sales, and furniture sales.

(Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830.

A.

Single-Family (SF).

1.

Those uses which are conditionally permitted in the R-1 zone district with the exception of attached housing, which shall be a permitted use as governed by Section 17.130.003(C).

B.

General Commercial.

1.

Auto service station, alternative fuel station, tire shop, repair shop, machine shop, auto seat and upholstery shop; billiard hall; bowling alleys; card room gaming; dance hall; laboratory-medical, dental, optical; meeting room-lodge fraternal hall, community facility; medical or dental office; hospital; restaurant or café, on or offsale liquor establishments; recreation services such as bowling alley, skating rink and similar uses;

All drive-in, drive-through establishments (subject to Chapter 17.655), building materials, garden supply, outdoor sales or display;

3.

C.

Planned Employment Center.

1.

Hospitals; medical facilities; facilities for care of the elderly, including residential, congregate residential and convalescent care;

2.

Restaurants;

3.

Health club or recreational club;

4.

Veterinary clinic;

5.

Public and quasi-public use such as government office, library, employment office, utility offices, and similar uses, including day care facilities;

6.

Similar uses subject to the approval of the zoning administrator.

D.

Open Space/Golf Course.

1.

Golf course and associated uses, including clubhouse, driving range, swimming and tennis facilities, and related uses.

(Ord. 857 § 2, 2008; Ord. 1078, 12/10/2024; Ord. 1089, 10/14/2025)

In no case shall residential densities or total permitted units exceed the number shown on the development plan and related exhibits. All other permitted uses shall be in locations as identified on the development plan and related exhibits.

(Ord. 857 § 2, 2008)

The development plan and related exhibits include development on approximately five hundred seventy acres of land bounded by Balfour and Briones Valley Roads, the city limit line and ECCID lateral No. 7. Before development can occur on approximately one hundred thirty-six acres bounded by the Delta Expressway, Balfour Road and ECCID lateral No. 7, this zone district shall be amended to include a development plan and accompanying regulations. This area is illustrated on the development plan and related exhibits. The development plan shall be approved by the planning commission and the city council. The plan shall establish standards for lot area, density, yards, height and parking, and may also contain provisions governing design and site review, landscaping plans, and related matters. Except as otherwise specified in the regulations so adopted, development of the PD-20 zone shall be in accordance with existing city standards as contained in Chapters 17.200 and 17.300.

SF-4000 and SF-4500.

Minimum lot area: Four thousand and four thousand five hundred square feet;

2.

Minimum lot width: Forty feet (SF-4000) and forty-five feet (SF-4500);

3.

Minimum lot frontage: One-half of the required lot width;

4.

Minimum front yard setback: Twenty feet as measured from the back of sidewalk to the face of the garage. Setback shall be fifteen feet to any porch or architectural projection;

5.

Minimum side yard setbacks: Twelve feet aggregate, with five as a minimum, as measured from the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet;

6.

Minimum rear yard setback: Fifteen feet with an average overall setback of twenty feet as measured from the building foundation;

7.

Maximum building height: Thirty feet.

B.

SF-5000 and SF-6000.

1.

Minimum lot area: Five thousand and six thousand square feet;

2.

Minimum lot width: Fifty feet (SF-5000) and sixty feet (SF-6000);

3.

Minimum lot frontage: One-half of the required lot width for each particular subarea;

4.

Minimum front yard setback: Twenty feet as measured from the back of sidewalk to the garage face and fifteen feet to any porch or projection;

5.

Minimum side yard setbacks: Fifteen feet aggregate, with a minimum setback of five feet. Corner lots shall maintain a minimum side yard on the street side of ten feet;

6.

Minimum rear yard setback: Fifteen feet with an average setback of twenty feet as measured from the building foundation;

7.

Maximum building height: Thirty-five feet.

C.

SF-7500 and SF-10000.

1.

Minimum lot area: Seven thousand five hundred and ten thousand square feet;

2.

Minimum lot width: Seventy feet (SF-7500) and eighty feet (SF-10000);

Minimum lot frontage: One-half of the minimum lot width;

Minimum front yard setback: Twenty feet;

5.

Minimum side yard setbacks: Fifteen feet aggregate for single story, with five feet being minimum and twenty feet aggregate for two-story structures, with ten feet being minimum;

6.

Minimum rear yard setback: Twenty feet as measured from the house foundation;

7.

Maximum building height: Thirty-five feet. Split-level lots and natural grade lots shall have a maximum of three stories.

D.

Landscaping. The landscape standards for this development shall comply with the regulations contained in Chapter 17.630, Landscaping and Screening, except as provided below:

1.

Street Trees. Street trees are required to be planed on all streets within the development area, as indicated on the development plan and related exhibits. Tree spacing shall be thirty feet on center on every street, including Balfour Road and Concord Avenue, except those areas having frontage along the golf course, park, or open space areas. Specific landscape plans shall be prepared by a registered landscape architect for

those areas. A street tree master plan shall be approved for each tract map by the community development director;

2.

Graded Slope Landscaping.

a.

All graded slopes shall require re-vegetation with native plant species, which are indigenous to the Brentwood area. Native species shall match those existing on adjacent undisturbed land in both species and mix so as to appear natural once established,

b.

To ensure safe fire protection, fuel modification zones which utilize plant materials that provide a gradual transition to natural vegetation to avoid hard planted edges shall be used,

c.

Landscape and irrigation plans for all graded slope areas shall be reviewed by the fire chief and planning commission prior to implementation;

3.

Transition Plantings. New landscape materials introduced as transition planting shall be used to integrate the manmade and natural environments, to screen and soften the visual impact of development. Plant materials shall be chosen from "Water Conserving Plants and Landscapes for the Bay Area," published by the East Bay Municipal Utility District. Temporary irrigation systems will be required only where necessary to establish plant materials.

E.

Parks and Open Space. The development area, as indicated on the development plan and related exhibits shall include a minimum of sixteen plus or minus acres of park area, the payment of in-lieu fees, or a combination thereof, as required by the city's general plan. All park areas and any relevant open space areas shall require design review by the planning commission prior to final tract map approval, for each park in that tract. Facilities to be included in each park are as follows:

1.

Mini-Park (Zero to Two Acres).

a. Free lawn play,

b.

Shade landscaping,

c.

Benches and low seat walls,

d.

Picnic tables with barbecue,

e.

Other facilities required at the time of park plan submittal;

Neighborhood Park (Two Plus Acres).

a.

Play equipment such as swings, slides, jungle gyms, and climbing apparatus, b. Softball and Little League field, including bleachers, dugouts, skinned infield, etc.,

c.

Volleyball pit, par course, basketball,

d.

Picnic tables, barbecue, drinking fountains, etc.,

e.

Restrooms,

f.

Other facilities required at the time of park plan submittal;

Open Space.

a.

Areas to remain open space, as indicated on the development plan and related exhibits, may be required to be offered for dedication as part of a public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, acceptable to the council, sufficient to assure the maintenance and preservation of such open space for whatever purpose it is intended. Covenants or other legal arrangements shall specify the ownership of the open space; method of maintenance; responsibility for maintenance, maintenance, taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the city council; and any specification deemed necessary to the city,

b.

All ungraded open space areas should remain in their natural state, with no additional plantings,

c.

All property described on the development plan and related exhibits as a golf course shall remain as open space, until such time as a golf course is deemed necessary for implementation. At no such time shall any residential development occur within that area designated as a golf course. F.

Hillside Development and Grading. This subsection pertains to the design and development of prominent hilltop and ridgeline areas as shown on the development plan and related exhibits. All requirements for development, as outlined in PD-20, shall be complied with in addition to this subsection.

Ridgeline Views. Off-site views of distant ridgelines on-site and beyond as seen from the intersection of Balfour Road and Fairview Avenue (looking southwest) shall not be impaired and shall be protected as shown on the development plan and related exhibits. The following guidelines shall be incorporated into design development submittals as outlined in the development plan and related exhibits;

2.

Erosion Control. Slope and pads graded and left longer than ninety days shall be hydroseeded or planted with nonirrigated materials and allowed to naturalize. During the rainy season (October 15th through April 15th), slopes and pads graded and left longer than thirty days shall be hydroseeded or planted with nonirrigated materials and allowed to naturalize;

3.

Hillside Development Objectives. In reviewing the preliminary development plans for hillside areas, the attainment of the following objectives will be paramount:

a.

The preservation of natural topographic features and appearances by means of land sculpturing so as to blend any manmade or manufactured slope into the natural topography,

b.

The preservation of natural topographic features and appearances through restrictions on successive padding and terracing of building sites in hillside areas,

The retention of natural skyline profiles so as to avoid abrupt changes in grades,

The retention of major natural topographic features such as canyons, drainage swales, steep slopes, watershed areas, flood plains, view corridors and scenic vistas,

e.

The preservation and enhancement of prominent landmark features, such as natural rock outcroppings, prominent trees and plant materials and other special natural features,

f.

The design and arrangement of building sites utilizing increased lot sizes, greater setbacks and setback variations and reduced residential densities on steeper terrain so as to limit the extent of grading alterations,

Utilization of clustered sites and buildings and increased densities on more gently sloping terrain so as to reduce gradient alterations on steeper, more pronounced terrain,

h.

The utilization of varying setbacks, building heights, innovative building techniques and compatible building forms, materials and colors which serve to blend all buildings into the terrain,

i.

The utilization of building designs, locations and arrangements which serve to avoid a continuous intrusive skyline effect and which afford view privacy and protection,

The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas,

The introduction and utilization of permanent full coverage irrigation systems adequate to sustain existing and developed slope plantings and to protect against potential hazards due to fire,

The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillside, and

m.

Mitigating measures in accordance with the approved soils report that will reduce underground water seepage problems which may occur because of increased irrigation or alteration of the natural contours to acceptable safety levels.

4.

Contour Grading. Cut and fill slopes shall be designed without long uninterrupted flat surfaces, and without sharp angles of intersection at the top and bottom, and wherever constructed slopes blend with existing topography;

5.

Pad Grading.

a.

All interior lot slopes shall not exceed thirty feet in height between pads unless that slope is graded at a ratio of 3:1 or flatter. All slopes steeper than 3:1 shall not be visually prominent from the adjacent street. All plot plans shall give final pad elevations, toe of slope elevations and define slope gradient, i.e., 2:1, 3:1, etc., where necessary for each lot,

b.

Consideration shall be given to provide split level lot pads, (vertical and horizontal) which correspond to the natural contour,

c.

All lot pad grade elevation differences occurring within the front of street side yard areas shall be designed to fan or radiate over the affected yard space beginning at the front yard building set back line,

d.

All graded flat building pads shall drain to the front of the lot and away from the building foundation,

e.

All site grading shall be in substantial conformance with the preliminary grading plan which is a part of the vesting tentative map,

f.

All building foundations shall be constructed as recommended by the soils engineering report.

6.

Architectural Design. This subsection is to provide direction for the design and construction of homes.

a.

A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside and street are encouraged,

b.

Large wall expanses which face public view shall be avoided, such wall expanses shall be enhanced through varied architectural elements,

c.

Lots that have side splits shall locate the garage on the downhill (lower elevation) split,

d.

Exterior finishes of dwelling units and structures shall blend in with natural surroundings of the area and shall not dominate the natural environment.

G.

Streets, Lighting Standards.

1.

Street Standards. All public streets within the development area shall conform to those standards as shown on the development plan and related exhibits. All road standards shall be shown on a vesting tentative map;

2.

Light Standards. Street lights for the entire project shall be staggered on each side of the street, and the standards for public streets shall be approved by the department of public works. Lighting shall be shielded so as to not intrude onto adjacent properties of a residential nature.

H.

General Commercial.

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 feet, except in the event of a subdivision pursuant to subsection (H)(1) of this section where frontage is not required provided perpetual access is provided by easements;

3.

Minimum street frontage yards: twenty feet along Balfour Road and ten feet along John Muir Parkway, except for driveway approaches, shall be landscaped pursuant to Section 17.630;

4.

Minimum interior side yards: none required;

5.

Minimum rear yards: ten feet;

6.

Maximum building height: the maximum height of all structures shall be two stories not to exceed thirty feet. I.

Planned Employment Center.

1.

Minimum lot area: one acre, except that a master planned development may be subdivided into smaller parcels with the approval of the planning commission.

2.

Minimum street frontage: one hundred feet, except in the event of a subdivision pursuant to the subsection above, no minimum frontage is required provided a reciprocal access easement is recorded between or among adjacent parcels within a master plan.

3.

Minimum building setback requirements: fifteen feet on all sides unless more is required to mitigate any potential noise impacts.

4.

Minimum building height: two stories, not to exceed thirty-five feet.

J.

Development Standards for Subarea C.

1.

Minimum lot area: one acre, except that a master planned development may be subdivided into smaller parcels with the approval of the planning commission.

3.

Minimum building setback requirements: fifteen feet on all sides unless more is required to mitigate any potential noise impacts.

4.

Minimum building height: two stories, not to exceed thirty-five feet; architectural elements may project to forty feet.

(Ord. 789 § 3, 2004; Ord. 857 § 2, 2008)

A.

Purpose. The purpose of the oak tree preservation regulations is to preserve and protect native oak species to the extent feasible. Preserving oak trees will maintain the scenic qualities and open space that contribute to a sense of place.

B.

Location of Existing Trees. The location of all existing oak trees of four-inch caliper or greater, as measured four and one-half feet from the ground, shall be shown on the preliminary and final grading pans. Existing species which are of poor health, as determined by an arborist, may be removed due to associated hazards. A tree report shall be submitted and approved for each grading plan.

1.

Fences. Trees to be preserved shall be protected during construction/grading with an adequate fence installed one foot outside the tree dripline to assure that no grading activity will impact the existing tree. (See the development plan and related exhibits for an illustration of an oak tree dripline;)

2.

Grade Cuts. No grade cuts shall occur within ten feet of their trunk, and no grading greater than one foot shall occur within the dripline;

3.

Fills. No fill shall occur within ten feet of their trunk, and no fill greater than one foot shall occur within the dripline. Any fill or paving to be used shall consist of porous materials selected by a registered landscape architect;

4.

Trenching. No trenching shall be allowed within the driplines of oak trees. If it is necessary to install underground utilities within the driplines, the trench shall either be hand dug, bored or drilled;

5.

Structures. No structures, swimming pools, buildings, etc., shall be allowed within the driplines of any oak trees. An envelope shall be recorded on the lot which outlines the entire buildable area. This envelope shall be shown on the tentative map. Each homeowner who has an existing oak tree shall receive a copy of the following guide:

Living Among the Oaks—A Management Guide for Landowners. University of California Cooperative Extension at Berkeley, 163 Mulford Hall, Berkeley, CA 94720. (510) 642-2360.

6.

Irrigation. No irrigation systems shall be installed or operated within the driplines of oak tree(s) which may be detrimental to the preservation of the oak tree(s) unless authorized by the community development director; 7.

Landscaping. The developer will be responsible and shall submit landscape plans for the entire yard area (front, side(s) and rear) where existing oak trees are to remain, to be approved by the community development director. Landscape installation shall occur prior to occupancy of the home. Landscaping beneath oak trees may include nonplant materials such as boulders, cobbles, wood chips, mulch, etc. The only plant species which shall be planted within the driplines of oak trees are those which are tolerant of the natural semiarid environs of the trees. Landscaping shall be prohibited within ten feet of the trunk. Permitted plants include, but are not limited to the following:

Iris douglasiana hybrids (native iris),

b.

Heuchera species (coral bells),

c.

Aloe species, d. Dudleya species, e.

Sisyrinchium bellum (blue-eyed grass), f.

Hemerocallis hybrids (day lily),

g. Cyclamen neopolitanum, h. Mimulus aurantiacus and hybrids (monkey flowers),

Artemisia species, j. Achillea species, k. Symphoricarpos millis (prostrate snowberry),

l.

Symphoricarpos rivularis (snowberry),

m.

Mahonia repens (creeping Mahonia), n. Mahonia nervosa (long-leaf Mahonia),

o.

Mahonia aquifolium compacts (compact Oregon grape), p. Archtostaphylos edmundsii "Camel Sur" (Sue manzanita), q. Archtostaphylos hookeri "Monterey Carpet,"

Archtostaphylos hookeri "Wayside,"

s.

Archtostaphylos densiflora "Howard McMinn,"

t.

Sollya heterophylla (Australian bluebell creeper),

u.

Ribes viburnifolium (Catalina fragrance),

v.

Daphne odora (winter daphne),

w.

Rhamnus californica "Eve Case" (California coffeeberry),

x.

Heteromoles arbutifolia (toyon),

y.

Choisya ternata (Mexican orange or mock orange).

C.

Replacement of Existing Oak Trees. Healthy oak trees that are removed in accordance with the development plan shall be replaced with forty-eight-inch box blue oak trees with a canopy width of seven to eight feet and a height of sixteen feet. All trees shall planted be in public lands, the golf course, open space areas or view easements.

1.

Survival Through First Year. To guarantee survival through the first year following planting, a maintenance bond, cash, or other financial security acceptable by the community development director shall be deposited by the developer based on a cost estimate provided by a registered landscape architect. (Ord. 857 § 2, 2008)

A.

All uses within the general commercial zone shall comply with Chapter 17.200, development and performance standards.

B.

All light industrial uses within the PEC area shall comply with Chapter 17.300, development and performance standards.

C.

All commercial and office uses within the PEC zone shall comply with Chapter 17.200.

D.

Off-street parking shall be provided in accordance with Chapter 17.620.

E.

Within the PEC, the minimum lot area shall not apply under the following circumstances:

1.

Subdivision map would create lots for condominium units for industrial or commercial uses and the area of the map is twenty thousand square feet;

2.

Parking, driveways, landscaping and other facilities are owned in common and maintained by an association. F.

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

G.

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

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

no structures will be permitted within open space easements or view easements.

I.

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

J.

Design review applications for the homes shall be limited to one hundred lots, in one hundred-lot increments, or the first phase of development, whichever is less.

K.

Fifty percent of the homes along Balfour Road shall be single story.

L.

The development of PD-20 shall be substantially in accord with the development plan and related exhibits. M.

A master plotting plan, illustrating the placement of the house plans, shall be submitted for each phase or tract of development.

N.

The use of model home complexes shall be allowed within a tract and subsequent tracts throughout the development plan area subject to the issuance of a temporary use permit as required by Chapter 17.850. O.

All development shall comply with Chapter 17.805, Phased Development Plan, and that all adequate agreements between the developer(s) and the city are in place (financing, mechanisms, phasing, etc.) prior to the approval of any tract map(s).

P.

Signs: all signage shall be in accordance with Section 17.640.

(Ord. 857 § 2, 2008)

==> picture [519 x 640] intentionally omitted <==

(Ord. 960 § 9, 2015)

Chapter 17.471 PD-21 (PLANNED DEVELOPMENT TWENTY-ONE) ZONE (§ 17.471.001 – § 17.471.006)

The authority, applicable law, purpose and intent for the adoption of the PD-21 (planned development twentyone) zone are as follows:

A.

Authority. This 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. A purpose of this zone is to permit and regulate the development of the two hundred eleven acres described on the development plan and related exhibits. Another purpose of the PD-21 zone is to supersede and replace all prior zoning regulations applicable to the property, including Ordinance No. 512—Planned Development Zone 15 (PD-15), Chapter 17.465. Further, in recognition of the very large size of the Brentwood Country Club, its predominant age-restricted occupancy and its probable construction over a number of years, it is also the purpose of this zone to allow flexibility in the design and development standards to encourage construction of a high quality community and to facilitate ease of adapting the housing product to market demands which change over time, and to allow construction of streets and other improvements consistent with reduced demand levels associated with age-restricted occupancy. C.

Intent. In order to achieve the purpose of the PD-21 zone, it is intended that development be in accordance with land uses and acreage shown on the development plan and related exhibits. The boundaries of the PD21 zoning district and its sub-areas are as shown on the map in Section 17.471.006. The following three development areas are contained within this planned development:

1.

Areas A1, A2, and A3: residential and golf course uses;

Area B: commercial uses;

3.

Area C: public service uses. (Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018)

Areas A1, A2, and A3 of the development plan and related exhibits shall be subject to the following:

Permitted Residential Uses.

1.

Within Area A1, single-family single-story detached and attached homes for age-restricted occupancy shall be a permitted use;

2.

Within Area A2, single-family detached homes for non-age-restricted occupancy shall be a permitted use. 3.

Within Area A3, single-family single-story, two-story, and single-story homes with a loft included within the roofline of a single-story home for age-restricted occupancy shall be a permitted use.

Additional Permitted Uses. The following shall be permitted within Areas A1, A2, and A3:

Model home sales facilities;

2.

Golf course and related facilities including clubhouse, tennis courts, maintenance structures and related recreation facilities;

3.

Homeowners' association recreation buildings, tennis courts, swimming pools, bocce courts, other commonuse facilities and related facilities, and open area;

4.

Home occupations subject to obtaining a home occupation zoning review pursuant to Chapter 17.840;

5.

The keeping of domestic pets subject to Chapter 17.670;

6.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

7.

8.

Other uses determined by the community development department to be similar to and compatible with the preceding permitted uses.

C.

Conditionally Permitted Uses. The following uses may be permitted within Areas A1 and A2 pursuant to approval of a conditional use permit:

1.

Uses ancillary to a golf clubhouse, which will serve persons other than users of the golf course, such as a restaurant or bar;

2.

Other uses determined by the community development department to be similar to the ancillary use.

D.

Maximum Number of Units and Minimum Lot Area.

1.

Maximum Units. A maximum of five hundred eleven dwelling units shall be permitted within the land of Areas A1 and A2. Additionally, a maximum of eighty-seven dwelling units shall be permitted within the boundaries of Area A3;

2.

Lot Area. Minimum lot area shall be four thousand square feet within Areas A1, A2, and A3; provided, that within Area A1 two thousand five hundred square feet is the permitted minimum per attached duet dwelling unit. A variety of lot sizes, larger than the minimums, shall be included within the land of Areas A1, A2, and A3 to provide a variety of housing products and yard conditions;

3.

Setbacks, Height and Parking. Each yard setback below shall be measured from its respective property line, except that for Areas A1 and A2, measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling.

Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter 17.660, Encroachments into Required Yards.

		Area A1 Age- Restricted Home	Area A1 Age- Restricted Home	Area A2 Non- Restricted Home	Area A3 Age- Restricted Home
		Duet Lot	All Other Lots	All Lots	All Lots
A. Minimum Front Yard
1. To door of a front-entry garage		18′	18′	20′	18′
2. To wall of a side-entry garage		N/A	10′	10′	10′
3. To wall of a habitable room		13′	13′	20′	13′
B. Minimum Side Yard Adjoining a Street		N/A	12′	15′	10′
C. Minimum Side Yard at Interior Lot Line
1. To the wall of a garage		5′*	5′	5′	5′
2. To wall of a habitable room		5′*	6′	5′	5′
3. Aggregate, both side yards		5′*	12′	10′	10′
4. Aggregate, both side yards, non-garage		5′	12′	10′	10′
D. Minimum Rear Yard		5′**	15′ Min–20′ Ave 15′ Min Adjacent to Golf Course	15′ Min–20′ Ave	15′ Min–18′ Ave
E. Minimum Of-Street Parking Spaces
1. In a garage		1	2	2	2
2. In a driveway		2	N/A	N/A	N/A
F. Maximum Building Height		35′	35′	35′	35′***
G. Maximum Lot Coverage		N/A	N/A	N/A	52%
Notes:
*	A 0′ setback is permitted at one side yard of a duet lot.

Notes:

** Every duet unit shall include patio area of not less than 15′ x 10′. *** Homes in Area A3 that are adjacent to existing development along Upton Pine Drive and Wickson Way are limited to single-story and single-story-profile designs as described in subsection A.3 herein.

E.

Construction Standards.

1.

Area A1, Variety in Building Mass. Variety in building mass shall be accomplished by:

a.

Inclusion in the floor plans available for purchase, varying front façade design, such as optional side-entry garages and varying the entryway location and design;

b.

Avoidance of using of a single floor plan more than twice in any group of four or more contiguous homes;

c.

Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alters the visual mass of a floor plan;

d.

At the time site design and development review multiple floor plans, incorporating design variations such as those described above, shall be submitted.

2.

Area A2, Variety in Building Mass.

a.

In each group of four or more contiguous homes, twenty-five percent shall be constructed with one or more of:

i.

Single-story units; or

ii.

Side-entry garages; or

iii.

Minimum front setback of thirty feet.

b.

Single-story homes shall be constructed on lots adjoining the arterial street Fairview Avenue.

3.

Area A3, Variety in Building Mass. Variety in building mass shall be accomplished by:

a.

Inclusion in the floor plans available for purchase, varying front façade design, and varying the entryway location and design;

b.

Avoidance of the use of a single floor plan more than twice in any group of four or more contiguous homes;

c.

Inclusion of floor plan purchase options, which alter the visual mass of a floor plan.

Acoustical Analysis. Dwellings in Areas A1, A2, and A3 adjacent to Fairview Avenue, Balfour Road and the State Route 4 Bypass shall be designed to meet the city's interior noise level standard 45 dBA L[dn] . F.

Design Review. Within Areas A1, A2, and A3 design review shall be required as follows:

1.

Residential Buildings. Design and site development review shall be required pursuant to Chapter 17.820, except that for Areas A1 and A2, authority to review and approve or deny an application for design and site development review is hereby delegated to the community development department; 2.

3.

Recreation Facilities and Conditional Use Permit Uses. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:

Golf clubhouse and related buildings;

b.

Recreation buildings and accompanying outdoor facilities such as pools;

c.

Buildings for which approval of a conditional use permit by the planning commission is required.

(Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018; Ord. 1084, 3/11/2025)

Area B of the development plan and related exhibits shall be subject to the following:

Permitted Uses. The following uses are permitted within Area B:

1.

Commercial retail including sales or rentals of new merchandise or services, or personal or financial services such as:

a.

Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor;

b.

Clothing stores;

c.

Pharmacies/drug stores;

d.

Small grocery stores (twenty thousand square feet maximum floor area), delicatessens, bakeries or pastry shop;

e.

Hardware stores;

f.

Restaurants, including those which provide outdoor use of designated seating areas;

Bookstores and video stores;

Florist;

i.

Stationary store/gift shop;

j.

Printing or copying stores;

k.

Office supply store;

l.

Barber shops and beauty parlors;

m.

Banks and savings and loans with ATM;

n.

Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair;

o.

New auto retail with secondary service and repair uses;

p.

Studios and instructional facilities, such as dance studios, music studios or similar establishments;

q.

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

r.

Professional and business offices including medical offices;

s.

Health/fitness center;

t.

Veterinary clinic with indoor medical boarding facilities;

u.

Drapery shop, upholstery shop, carpet sales, spa sales, satellite dish sales and furniture sales provided that they do not manufacture their primary product on the premises, and there is no outdoor storage;

v.

Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted uses; such uses may include a parking lot.

A one-hundred-twenty-room hotel;

3.

Senior apartments at thirty dwelling units per acre only if associated with a residential care facility campus located within the entirety of subareas B and D of this zone;

4.

Convalescent hospitals; large residential care facilities, including residential, congregate residential, convalescent care, and assisted care; facilities for the care of the sick or elderly, health club or recreational club, dining room, entertainment area, library, art and craft room and private dining room, full service main kitchen and laundry areas reflecting industry standards of density and design.

Conditionally Permitted Uses. The following uses may be permitted within Area B pursuant to approval of a conditional use permit:

1.

Selling of alcoholic beverages associated with a permitted use;

2.

Operation of a drive-through associated with a permitted use;

3.

Outdoor sales or display;

4.

Tasting rooms or boutique wineries;

5.

Temporary and interim uses including a nursery, produce market, auction gallery, flea market, or craft and art fairs;

6.

Churches and religious institutions;

7.

Other similar uses as determined by the community development director.

C.

Prohibited Uses. The following uses are prohibited within Area B:

1.

Merchandise and/or general retail sales greater than seventy-five thousand square feet in gross floor area; 2.

RV sales and service;

3.

Motels (a transient residence without twenty-four-hour guest services);

Gas station;

Outdoor kennels;

6.

Large individual corporate establishments;

Light industrial complexes;

Computer software companies;

Research laboratories; 10. Warehousing; 11. Cabinet makers; 12. Equipment repair; 13. Wholesale home furnishings;

Light manufacturing; 15.

Wineries (and associated orchards, row crops, production facilities, packaging and shipping facilities, amphitheater and related uses, and catering facilities);

16.

Non-age-restricted multifamily housing units.

D.

Minimum Lot Area and Setbacks.

1.

Lot Area. Minimum lot area shall be one acre (forty-three thousand five hundred sixty square feet) within Area B;

2.

Setbacks, Height and Parking. The yard setback shall be measured from its respective property line. All yard setbacks shall be measured to the nearest specified wall of the building. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter 17.660, Encroachments into Required Yards. a.

Minimum setbacks from property lines are as follows:

i.

Internal property line: zero feet.

ii.

Balfour Road: ten feet. iii. State Route 4: fifty feet.

iv.

Summerset Drive: fifteen feet.

b.

Maximum building height: fifty feet.

c.

Parking. Pursuant to Chapter 17.620 or as approved with a shared parking plan. E.

Design Review. Within Area B design review shall be required as follows:

1.

Commercial Buildings. Design and site development review shall be required for uses outlined in subsections A and B pursuant to Chapter 17.820;

2.

Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to a plan to be approved by the community development department prior to issuance of building permits for the structure to be landscaped, fenced or walled. The plan shall specify colors, materials and spacing of elements.

(Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018) Area C of the development plan and related exhibits shall be subject to the following: A.

Permitted Uses. The following uses are permitted within Area C:

Agriculture;

2.

Public service uses including fire prevention and public emergency service land uses.

B.

Conditionally Permitted Uses. Land uses determined by the community development department to be similar to and compatible with agriculture and public service uses may be permitted within Area C pursuant to approval of a conditional use permit.

(Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018)

A.

Exceptions to Zoning Regulations. The community development department may permit exceptions to the regulations of this chapter and the remainder of Title 17 upon finding that granting of the exception will constitute an insignificant deviation from the land uses, activities and construction otherwise resulting from strict application of the regulations of this chapter.

B.

Exceptions to Engineering Standards. Adopted city engineering standards are contained in the city's Title 17 Subdivision and Land Development Ordinance, the Engineering Design Standards, the Standard Plans and Specifications, the Standard Drawings and in policy determinations made by the director of public works and the city engineer.

(Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018)

==> picture [519 x 672] intentionally omitted <==

(Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018)

Chapter 17.472 PD-22 (PLANNED DEVELOPMENT TWENTY-TWO) ZONE (§ 17.472.001 – § 17.472.016)

The authority, purpose and intent for the adoption of the PD-22 (planned development twenty-two) zone is as follows:

A.

Authority. PD-22 zone is adopted pursuant to the authority set forth in Chapter 17.450.

B.

Purpose. The purpose of the PD-22 zone is to permit and regulate development of the special planning area for the project (as designated by the city of Brentwood general plan).

C.

Intent. It is intended that in order to achieve the purpose of the PD-22 zone of implementing the development of single-family housing, the zone shall be divided into several uses as designated on the development plan and related exhibits, and as further described below. The primary uses intended for this area shall consist of single-family residential, park and open space uses. The boundaries of the PD-22 zoning district and its subareas are as shown on the map in Section 17.472.016.

(Ord. 857 § 2, 2008)

The following uses are permitted within the PD-22 zone:

A.

Those uses which are permitted within the R-1 (single-family residential) and R-2 zoning districts in Title 17; B.

Parks and playgrounds (public and private);

C.

Bicycle and pedestrian trails;

D.

Open space;

E.

Family day care—small;

F.

Private recreational facilities owned and maintained by an individual homeowner, a homeowners' association or other form of community association or maintenance district;

G.

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

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

Those conditionally permitted uses within the R-1 (single-family residential) zone;

B.

Other uses similar in character to those uses listed above, as approved by the planning commission. (Ord. 857 § 2, 2008)

A.

Arbors, trellises, gazebos and similar shade structures of open construction;

Fences and walls;

C.

Garages;

D.

Patio covers;

E.

Swimming pools and spas;

F.

Additional accessory uses and structures necessary or incidental to a principal use as approved by the planning commission.

(Ord. 857 § 2, 2008)

In no case shall the total number of permitted units exceed the number shown on the development plan and related exhibits. All other permitted uses shall approximately be in locations as identified on the development plan and related exhibits.

(Ord. 857 § 2, 2008)

A.

Single-Family Residential.

1.

Minimum Lot Area. The minimum lot area shall be four thousand five hundred square feet.

2.

Minimum Lot Width. The minimum lot width, as measured from the front yard setback line, shall be forty-five feet. Cul-de-sac lots shall have a minimum average lot width of thirty feet measured at the right-of-way. 3.

Minimum Front Yard Setback. The front yard setback shall be not less than five feet nor no greater than eighteen feet as measured from the property line to the face of the garage and fifteen feet to any building façade or side entry garage.

4.

Minimum Side Yard Setbacks. Side yard setbacks shall be fifteen feet aggregate, with five being the minimum as measured from the building foundation. Corner lots shall maintain a minimum side yard on the street side of fifteen feet. Minimum distance between houses shall be fifteen feet with a five-foot minimum and fifteenfoot aggregate.

5.

Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of fifteen feet.

6.

Projections into Setback Areas. Architectural features such as cornices, eaves, bay windows, fireplaces and canopies may not project more than two feet into any required front, side or rear yard setback.

7.

Setbacks from Sidewalks. Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside line of the sidewalk irrespective of the property line location.

8.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty feet in height.

(Ord. 857 § 2, 2008)

A.

Single-Family Residential.

1.

Minimum Lot Area. The minimum lot area shall be six thousand square feet.

2.

Minimum Lot Width. The minimum lot width shall be sixty feet at the front yard setback. Cul-de-sac lots shall have a minimum lot width of forty-five feet measured at the right-of-way.

3.

Minimum Front Yard Setback. The front yard setback shall be not less than five feet nor no greater than eighteen feet as measured from the property line to the face of the garage and twenty feet to any building façade or side entry garage.

4.

Minimum Side Yard Setbacks. Side yard setbacks shall be fifteen feet aggregate, with five being the minimum as measured from the building foundation. Corner lots shall have a minimum side yard on the street side of fifteen feet.

5.

Minimum Rear Yard Setback. The rear yard setback for adjacent lots shall be a minimum of twenty feet.

6.

7.

Setback from Sidewalks. Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside line of the sidewalk irrespective of the property line locations.

8.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty-five feet in height measured from the low side of the lot.

(Ord. 857 § 2, 2008)

A.

General.

1.

Engineering Guidance.

a.

Grading designs shall conform to the city of Brentwood grading ordinance.

b.

Slopes shall be designed and grades in accordance with the recommendations of an engineering geologist or soils engineer.

2.

Graded Slopes.

a.

Cut and fill slopes shall be designed using landform grading concepts without long uninterrupted flat surfaces, and without sharp angles of intersection at the top and bottom, and wherever constructed slopes blend with existing topography.

b.

Wherever possible, stepped pads or terraces shall be used to reflect natural terrain slopes.

Landscaping on Graded Slopes.

a.

Interim erosion control measures during construction, including temporary desilting basins, interceptor dikes and sandbagging shall be implemented to minimize siltation runoff.

b.

All common areas shall be maintained by the developer until such time that the responsibility is shifted over to a homeowners' association or landscape maintenance district or similar entity.

4.

Erosion Control. Slope graded and left longer than ninety days shall be hydroseeded or planted with nonirrigated landscape materials and allowed to naturalize. During the rainy season (October 15th through April 15th), slopes graded and left longer than thirty days shall be hydroseeded or planted with nonirrigated landscape materials and allowed to naturalize.

B.

Custom Lots.

1.

Graded Area. Grading shall be limited to roads and garage pads not to exceed a distance of forty feet from the front property line.

2.

Foundations. Stepped and built-up foundations shall be used wherever possible to minimize changes to the natural topography.

3.

Retaining Walls. Retaining and crib walls shall be limited to a maximum height of four feet wherever possible. (Ord. 857 § 2, 2008)

A.

General. Except as noted below, all public and private streets within the development area shall conform to those standards adopted by the public works department for residential streets. B.

Entry Collector Street. Entry collector street shall extend from the intersection with San Jose Avenue to the east side of the PG & E easement. The street shall conform to the public works department standards. In

addition, there shall be a fifteen-foot parkway strip on one side of the street to provide an aggregate twentyfive-foot wide landscape strip measured from face of curb to lot line.

C.

Collector Streets. Collector streets shall conform to the public works department standards. D.

Local Streets. Local streets shall conform to the public works department standards. (Ord. 857 § 2, 2008)

A.

General. The location and construction of all utilities within the development area shall conform to those standards adopted by the public works department for residential development.

B.

Underground. All utility service lines shall be underground.

C.

Above Grade Components. Transformers, control points and other utility housings shall be located so as to minimize their visual impact and shall be screened in a manner approved by the city.

Light Standards. Street lights for the parkways and local residential streets, pedestrians, and lights for walkways shall be staggered on each side of the street, and the light standards for the public streets shall be selected by the public works department.

(Ord. 857 § 2, 2008)

A.

General. The landscaping for this development shall comply with the regulations contained in Chapter 17.630 "Landscaping and Screening," except as otherwise specified below.

B.

Street Trees. Street trees are required to be planted on all streets within the development area. Tree spacing shall be an average of thirty feet on center on collector roads shown on the development plan and related exhibits and an average of twenty-five feet on center on other residential streets. A street tree master plan shall be prepared and approved for each tract map.

C.

Entryway Design. The design of the entryways shall consist of signage, landscaping, monumentation, hardscape and other materials. The planning commission shall review entryway design.

D.

Graded Slope Landscaping.

1.

All graded slopes shall require revegetation with native plant species, which are indigenous to the region whenever possible, to retain natural character, maintain views and contribute towards slope stabilization.

2.

To ensure safe fire protection, fuel modification zones shall utilize plant materials that provide a gradual transition to natural vegetation to avoid hard planted edges.

3.

Landscape plans for all graded slope areas shall be reviewed by the planning commission, fire chief and other interested parties prior to implementation.

4.

Landscaping, other than street trees, shall be planted in random massings or groupings rather than in linear patterns in order to mimic native vegetation patterns. E.

Front yard Landscaping. All front yards shall be constructed with drought-tolerant "xeriscape" landscaping, with a maximum of twenty-five percent turf. Landscape and irrigation plans for each typical lot shall be submitted for each phase of development.

(Ord. 857 § 2, 2008)

A.

Design Review. All park areas and any relevant open space areas shall require design review by the planning commission prior to final map approval.

B.

Permitted Uses. Permitted uses in park and open space areas include:

1.

Public parks and playgrounds;

2.

Drainage channels;

3.

Greenbelt areas which are formed by land development;

Pedestrian trails;

5.

Access for maintenance and emergency vehicles;

6.

Wetlands restoration;

7.

Other permitted uses in park and open space areas, which do not detract from the basic intent, include:

a.

Public streets, park drives, utility and emergency access roads and hiking/riding trails,

b.

Structures/buildings within privately owned or public recreational areas, parks, playgrounds,

c.

Utility facilities, such as pump stations, transmission towers, water reservoirs and similar structures,

d.

Other uses, similar in character to those uses listed above, as approved by the planning commission. C.

Open Space Area Restrictions.

1.

Areas to remain as open space may be required to be offered for dedication as part of a public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, approved by the city, sufficient to assure the maintenance and preservation of such open space for whatever purpose it is intended. Covenants or other legal arrangements shall specify the ownership of the open space; method of maintenance; responsibility for maintenance; maintenance; taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the council; and any specification deemed necessary to the city.

2.

All ungraded open space areas, not part of the Highway 4 Bypass right-of-way, shall remain in their natural state, with no additional plantings.

D.

Trails. A master trail plan shall be prepared with the tentative map to include trail along the southern boundary of the property connecting the valley open space to the PG & E easement.

E.

Park and Open Space Requirements. The development plan area shall include two and one-half acres of park area, the payment of in-lieu fees, or a combination thereof, as required by the city's general plan. All park areas and any relevant open space areas shall require design review by the planning commission prior to final tract map approval, for each park in that tract.

(Ord. 857 § 2, 2008)

A.

Parking Requirements. Off-street parking shall be provided pursuant to Chapter 17.620.

B.

Corner Lots. Where it is possible, garages on corner lots shall have their entries oriented to the side street. C.

Boats, Trailers and Similar Vehicles. Spaces will be provided in a designated RV storage area. There will be one space for every ten lots. Spaces will be allocated on a first come, first-served basis. Space will be onethird for large RVs at eight feet by twenty feet and two-thirds for boats and trailers seven feet by ten feet. (Ord. 857 § 2, 2008)

A.

One Story Units. Where four or more lots are contiguous along a street frontage, a minimum of twenty-five percent of the lots shall be one story in height, where possible. The use of side entry garages may be considered as an option in satisfying all or part of this requirement during the site development and design review.

B.

Delta Expressway. Special attention shall be given to variations in orientation, height and façade treatment for structures on lots overlooking the future Delta Expressway to eliminate the appearance of a row of houses along this edge of the project.

C.

Roof Orientation. A variety of roof orientations shall be utilized with emphasis placed on roof ridges parallel to the ground contours of the slope of hill forms.

D.

Fences, Hedges and Walls. Prior to issuance of any building permits, an overall plan or plans for landscaping, fences and walls shall be submitted for approval. The overall plan(s) shall establish the materials, colors and appearance of walls and fences to be used throughout the project and plant materials and their spacing to be used adjacent to streets throughout the PD-22 zone. All developers of subareas or portions thereof shall construct fences, walls and landscaping adjacent to streets in accordance with the approved overall plans. (Ord. 857 § 2, 2008)

A.

The development of PD-22 shall be substantially in accordance with the development plan shown on the development plan and related exhibits. Variations in the development plan, including street and lot patterns, may be approved through the subdivision map process.

B.

Design and site development review shall be required for all housing developments pursuant to Sections 17.100.003, 17.100.004(H) and Chapter 17.820.

C.

The use of model home complexes shall be allowed within a recorded tract and subsequent tracts

throughout the development plan area subject to the issuance of a temporary use permit as required by Chapter 17.850.

D.

A master plotting plan, illustrating the placement of the house plans, shall be submitted for each phase or tract of development.

(Ord. 857 § 2, 2008)

==> picture [519 x 377] intentionally omitted <==

(Ord. 960 § 10, 2015)

Chapter 17.473 PD-23 (PLANNED DEVELOPMENT TWENTY-THREE) ZONE (§ 17.473.001 – § 17.473.006)

The authority, purpose and intent for the adoption of the PD-23 (planned development twenty-three) zone are as follows:

A.

Authority. PD-23 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations.

B.

Purpose. The purpose of the PD-23 zone is to permit and regulate the orderly development of the area shown on the development plan and related exhibits, and to provide a mix of housing types which increase in density as they approach Brentwood Boulevard, in accordance with the Brentwood general plan.

Intent. To achieve the foregoing purpose, the PD-23 zone shall be divided into two subareas. Subarea A is intended to provide a neighborhood of single-family houses on minimum four thousand six hundred seventyfive square foot lots. Subarea B is intended to provide for multifamily residential uses between the singlefamily homes and Brentwood Boulevard and to provide an appropriate area for apartments or condominiums

in close proximity to commercial uses, in conformance with the Brentwood general plan. The boundary of the PD-23 zoning district and the subareas is as shown on the map in Section 17.473.006.

(Ord. 857 § 2, 2008; Ord. 889 § 2, 2011)

A.

Subarea A. The permitted uses in Subarea A of the PD-23 zone are those uses permitted within the R-1 (single-family residential) zoning district in Title 17, except parks and playgrounds are added as permitted uses.

B.

Subarea B. The permitted uses in Subarea B of the PD-23 zone are those uses permitted within the R-3 (high density multifamily residential) zoning district, with a maximum density not to exceed twenty dwelling units per gross acre.

(Ord. 857 § 2, 2008; Ord. 889 § 2, 2011)

A.

Subarea A. Upon obtaining a conditional use permit pursuant to Chapter 17.830, those uses identified as conditionally permitted uses in the R-1 (single-family residence) zone, may be permitted in Subarea A of the PD-23 zone.

B.

Subarea B. Upon obtaining a conditional use permit pursuant to Chapter 17.830, those uses identified as conditionally permitted uses in the R-3 (high density multifamily residential) zone, may be permitted in Subarea B of the PD-23 zone. However, no project shall exceed the maximum density of twenty dwelling units per gross acre.

(Ord. 857 § 2, 2008; Ord. 889 § 2, 2011)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Subarea A.

1.

Minimum lot area: Four thousand six hundred seventy-five square feet;

Minimum lot width: Fifty-five feet;

3.

Minimum lot depth: Eighty-five feet;

4.

Minimum lot frontage: Thirty feet for all lots on culs-de-sac, knuckles or curvilinear streets;

5.

Minimum front yard setback: Twenty feet for a street facing garage; twelve feet for a turned garage; fifteen feet for any living space and twelve feet for front porches;

6.

Minimum side yard setback: Five feet and a total of thirteen feet for both sides;

Corner lots, on the street side, shall maintain a minimum side yard setback of ten feet;

Minimum rear yard setback: Fifteen feet; 9.

Maximum building height: Thirty feet and two stories;

Side-loading garages: Ten percent of the total lots shall have side-loading garages; 11. Corner lots: Fifty percent of the corner lots shall be single story plans; 12. Single-story units: Twenty-five percent of the total lots shall be single-story plans; 13. A forty percent maximum lot coverage; 14. Maximum number of units: One hundred thirty-three dwelling units. B. Subarea B. 1. Minimum lot area: three acres; 2. Minimum lot width: three hundred feet; 3. Minimum front yard: ten feet; 4. Minimum side yards: fifty feet; 5.

Minimum rear yard: fifty feet;

6.

Maximum allowable density: the maximum density shall be twenty dwelling units per gross acre;

7.

Maximum lot coverage: The main building and all accessory buildings shall not cover more than forty percent of the lot area;

Maximum building height: two stories not to exceed thirty feet. (Ord. 857 § 2, 2008; Ord. 889 § 2, 2011)

Subarea A.

1.

Design and site development 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 of this code.

5.

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

The development of this zoning district shall be substantially in accordance with the development plan. Variations in the development plan including street and lot pattern may be approved through the subdivision map process.

B.

Subarea B.

1.

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

2.

Off-street parking shall be provided pursuant to Section 17.620.007(C).

3.

The parking and storage of boats, trailers and similar vehicles and equipment shall be prohibited outside of a fully-enclosed garage.

4.

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

5.

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

6.

The development of this zoning district shall be substantially in accordance with the development plan. Variations in the development plan including street alignment and building pattern may be approved through the design review process.

7.

Usable Open Space. Residential projects shall provide and maintain private and shared open space as follows:

a.

A minimum of five hundred square feet of usable open space shall be provided for each dwelling unit on a lot.

b.

A minimum of seventy-five percent of the dwelling units on a lot shall be provided with private usable open space as follows:

i.

Private usable open space shall be directly accessible from the unit served and be available only to that unit. ii.

Ground-level private usable open space shall have a minimum area of one hundred square feet and a minimum dimension of eight feet.

iii.

Above-ground-level private usable open space shall have a minimum area of sixty square feet and a minimum dimension of six feet.

c.

i.

A minimum of seventy-five percent of the shared usable open space shall be at ground level, the remainder may be located above ground on a balcony or roof deck.

ii.

Ground level shared usable open space shall have a minimum dimension of twelve feet and shall not be covered by any roof, balcony or other such covering. iii.

Above-ground-level shared usable open space shall have a minimum dimension of ten feet and a minimum area of two hundred square feet, which shall be unobstructed and shall not serve as access to any residential unit. A maximum of twenty-five percent of the above-ground-level shared open space may be covered. (Ord. 857 § 2, 2008; Ord. 889 § 2, 2011)

==> picture [519 x 377] intentionally omitted <==

(Ord. 960 § 11, 2015)

Chapter 17.474 PD-24 (PLANNED DEVELOPMENT TWENTY-FOUR) ZONE (§ 17.474.001 – § 17.474.026)

The authority, purpose and intent for the adoption of the PD-24 (planned development twenty-four) zone are as follows:

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 zone is to permit and regulate the development of Subarea A as 4.34 acres (APN 010-150-034) designated as BP (mixed use business park) by the general plan, Subarea B as 0.67 acres (APN 010-480-056) designated as BP (mixed use business park), Subarea C to permit and regulate the development of single-family detached homes in the fourteen-lot Paradise Cove neighborhood in accordance with the general plan, Subarea D as 13.8 acres, Subarea E as 2.81 acres, and Subarea F as 18.5 acres.

C.

Intent. It is intended that in order to achieve the purpose of the PD-24 zone of implementing the development of Subareas A and B, as mixed use business park in conformance with the general plan, the primary character of the area is intended to be a mix of commercial, office, service and light industrial uses, Subarea C as a development of single-family detached homes in the fourteen-lot Paradise Cove neighborhood, in accordance with the general plan, Subarea D as a development of single-family detached homes in the eighty-four lot Sellers Pointe neighborhood, in accordance with the general plan, Subarea E as a development of one single-family residence (Stonebarger property), in accordance with the general plan, and Subarea F as a development of single-family detached homes in a ninety-six lot development.

The regulations contained within the PD-24 zone replace land use and development regulations previously contained within the city of Brentwood's Zoning Ordinance for this district. In the event of a conflict between other provisions of Title 17 and this chapter, this chapter shall prevail.

(Ord. 857 § 2, 2008; Ord. 876 § 2, 2009; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016) The following uses are permitted within this subarea of the PD-24 (planned development twenty-four) zone: A.

The following uses shall be permitted within Subarea A:

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., flextech);

4.

Service uses, such as coffee and sandwich shops, dry cleaners, laundry facilities, and similar services;

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. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

The following uses are permitted upon obtaining a conditional use permit pursuant to Chapter 17.830 within this subarea of the PD-24 (planned development twenty-four) zone:

A.

The following uses shall be conditionally permitted within Subarea 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. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

A.

All nonresidential permitted and conditionally permitted uses developed within Subarea A shall conform to the development standards set forth as follows:

1.

Minimum lot area: twenty thousand square feet;

2.

Minimum lot width: one hundred feet, street frontage not required with access easement;

Minimum street frontage yard: ten feet;

4.

Minimum non-street frontage yard: zero feet;

5.

Maximum building height: thirty 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.

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. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

All permitted and conditionally permitted uses shall conform to the performance standards set forth below: A.

Noise. 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.

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 firefighting 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.

(Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016) The design and site development of all new structures shall comply with Chapter 17.820 of this code.

(Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

The following uses are permitted within this subarea of the PD-24 (planned development twenty-four) zone: A.

The following uses shall be permitted within Subarea B:

1.

General office uses;

2.

Business and professional offices, such as software developers, architects, attorneys, 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. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

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 Subarea 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. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

A.

All nonresidential permitted and conditionally permitted uses developed within Subarea B shall conform to the development standards set forth as follows:

Minimum lot area: twenty thousand square feet;

2.

Minimum lot width: one hundred feet, street frontage not required with access easement;

3.

Minimum street frontage yard: ten feet;

4.

Minimum nonstreet frontage yard: zero feet;

5.

Maximum building height: one story not to exceed thirty 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. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

All permitted and conditionally permitted uses shall conform to the performance standards set forth in this section:

A.

Noise. 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.

E. Solid and Liquid Waste.

1.

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.

H.

Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District.

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.

(Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016) The design and site development of all new structures shall comply with Chapter 17.820 of this code. (Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

The following uses are permitted within Subarea 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.

(Reserved);

I.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

J.

(Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016; Ord. 991 § 4, 2017; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025)

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 Subarea C:

(Reserved).

(Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016; Ord. 1084, 3/11/2025)

A.

Unit density: unit density shall not be greater than five dwelling units per acre; B.

Lot area: minimum six thousand six hundred fifty square feet;

Lot width: minimum fifty feet for interior lots and fifty-five feet for corner lots. Minimum of thirty-five feet at the street for cul-de-sac lots;

D.

Lot depth: minimum ninety-four feet;

E.

Height: no main building shall exceed the height of two stories or thirty feet;

F.

Rear yard: minimum fifteen feet; G. Front yard: minimum twelve feet for house and twenty feet to garage door; H. Side yard: minimum five feet, sum of both yards twelve feet. Corner lots shall have a minimum ten feet on street side;

I.

Garage: maximum forty-five percent of the lot width; J. Parking: two covered spaces in garage;

K.

Coverage: not more than forty percent lot coverage. (Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016) 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;

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. (Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016) The following uses are permitted within Subarea D of the PD-24 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;

The keeping of domestic animals or pets subject to Chapter 17.670 of this title;

H.

(Reserved);

I.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

J.

(Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016; Ord. 991 § 4, 2017; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025)

The following uses are permitted upon obtaining a conditional use permit pursuant to Chapter 17.830 within Subarea D of the PD-24 zone:

A.

The following uses shall be conditionally permitted within Subarea D:

1. (Reserved).

(Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016; Ord. 1084, 3/11/2025) A.

Unit density: overall project density shall not be greater than 6.09 dwelling units per acre;

B.

Lot area: minimum four thousand square feet;

C.

Lot width: minimum fifty feet;

D.

Lot depth: minimum eighty feet;

E.

Building height: maximum two stories or thirty feet;

F.

Front yard setback: minimum eighteen feet for front loading garage, twelve feet for side loading garage, twelve feet for living space, ten feet for porch;

G.

Side yard setback: minimum four feet. Corner lots shall have a minimum ten feet on street side;

H.

Rear yard setback: minimum ten feet with an overall average of twelve and one-half feet;

I.

Coverage: not more than fifty percent lot coverage. (Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

A.

The following uses are permitted within Subarea E:

1.

Single-family dwellings including manufactured homes; 2.

Rooming and boarding subject to Section 17.650.003;

Duplex, triplex, apartments and other small multifamily structures; townhouses and single-family attached homes; all not exceeding a density of 5.1 to 11, with a mid-range of 8, dwelling units per acre;

4.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

5.

Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Section 17.850;

6.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

7.

Small family residential care facilities are permitted by right. Family home day care, large subject to the conditions stated in Ordinance No. 560, are permitted by right in all single-family residential zones subject to the following conditions:

a.

That a use permit be issued administratively by the zoning administrator, subject to compliance with the zoning standards of the city, and

b.

A fee to be collected, and

c.

The three hundred-foot radius notification process shall apply to all new large family home day care processed after the effective date of Ordinance No. 560. The notification shall be not less than ten days prior to the date of the zoning administrator's decision. The notice shall inform the owners of their rights to an administrative hearing, and

d.

Actions of the zoning administrator may be appealed pursuant to the appeal process in Chapter 17.880 of the zoning ordinance;

8.

Agriculture, animal husbandry and limited animal husbandry subject to Chapter 17.670;

The keeping of domestic animals or pets subject to Chapter 17.670;

Signs subject to Chapter 17.640;

11.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

12.

(Ord. 967 § 2, 2016; Ord. 968 § 2, 2016; Ord. 1084, 3/11/2025)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

Public facilities including parks, playgrounds, public schools and other public buildings;

B.

Churches and religious institutions and parochial or private schools;

C.

D.

Mobile home parks provided the density does not exceed that specified in the general plan for the property on which the mobile home park is proposed and subject to the provisions of Chapter 17.710;

E.

Dog fancier's license in accordance with the provisions of Section 17.670.009. (Ord. 967 § 2, 2016; Ord. 968 § 2, 2016; Ord. 1084, 3/11/2025) The following regulations shall apply to Subarea E:

A.

Minimum lot area: six thousand square feet; B. Minimum lot width: fifty feet;

C.

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

E.

Minimum rear yard: twenty feet;

F.

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

G.

Maximum building height: two stories or thirty feet. (Ord. 967 § 2, 2016; Ord. 968 § 2, 2016) The following uses are permitted within Subarea F:

A.

Single-family dwellings including manufactured homes;

B.

Rooming and boarding subject to Section 17.650.003;

C.

D.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660; E.

Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Section 17.850;

F.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840; G.

Small family residential care facilities are permitted by right. Family home daycare, large subject to the conditions stated in Ordinance No. 560, are permitted by right in all single-family residential zones subject to the following conditions:

1.

That a use permit be issued administratively by the zoning administrator, subject to compliance with the zoning standards of the city, and

2.

A fee be collected, and

3.

The three hundred-foot radius notification process shall apply to all new large family home day cares processed after the effective date of Ordinance No. 560. The notification shall be not less than ten days prior to the date of the Zoning Administrator's decision. The notice shall inform the owners of their rights to an administrative hearing, and

4.

Actions of the Zoning Administrator may be appealed pursuant to the appeal process in Chapter 17.880 of the zoning ordinance;

H.

Agriculture, animal husbandry and limited animal husbandry subject to Chapter 17.670;

I.

The keeping of domestic animals or pets subject to Chapter 17.670;

Signs subject to Chapter 17.640;

K.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

L.

(Ord. 967 § 2, 2016; Ord. 968 § 2, 2016; Ord. 1084, 3/11/2025)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

Public facilities including parks, playgrounds, public schools and other public buildings;

B.

Churches and religious institutions and parochial or private schools;

C.

D.

Mobile home parks provided the density does not exceed that specified in the General Plan for the property on which the mobile home park is proposed and subject to the provisions of Chapter 17.710;

E.

Dog fancier's license in accordance with the provisions of Section 17.670.009.

(Ord. 967 § 2, 2016; Ord. 968 § 2, 2016; Ord. 1084, 3/11/2025) A. Minimum lot area: four thousand square feet; B. Minimum lot width: forty feet; C. Minimum front yard setback: 1. Twenty feet for street-facing garages, 2. Fifteen feet for turned garages, 3. Fifteen feet for living space; D. Minimum side yard setbacks: 1.

Four feet, 2.

Ten feet on the street side of a corner lot; E. Minimum rear yard setback: fifteen feet; F.

Maximum building height: two stories not to exceed thirty feet. (Ord. 967 § 2, 2016; Ord. 968 § 2, 2016) 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. (Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

==> picture [519 x 649] intentionally omitted <==

(Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)

Chapter 17.475 PD-25 (PLANNED DEVELOPMENT TWENTY-FIVE) ZONE (§ 17.475.001 – § 17.475.006)

The authority and purpose for the adoption of the PD-25 (planned development twenty-five) zone are as follows:

A.

Authority. PD-25 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-25 zone is to permit and regulate the development of single-family detached homes and public uses in accordance with the Brentwood general plan. The boundary of the PD-25 zoning district is as shown on the map in Section 17.475.006.

(Ord. 857 § 2, 2008)

Permitted uses in the PD-25 zone are those uses permitted under the R-1 (single-family residential) zoning district in Title 17.

(Ord. 857 § 2, 2008)

Conditionally permitted uses are those uses identified as conditionally permitted in the R-1 zoning district in Title 17 which are subject to the granting of a conditional use permit by the city.

(Ord. 857 § 2, 2008)

The following regulations shall apply to the PD-25 zone:

A.

Minimum lot area: Five thousand five hundred twenty square feet.

B.

Minimum lot width: Sixty feet.

C.

Minimum front yard: Twenty feet to a front-entry garage. Fifteen feet to a habitable living space. Fifteen feet to the front wall of a side-entry garage. Twelve feet to a porch or other architectural feature.

D.

Minimum lot frontage: Sixty feet.

E.

Minimum side yard: Five feet; minimum aggregate average fifteen feet.

F.

Minimum rear yard: Fifteen feet; average twenty feet. G.

Maximum building height limit: No main building shall exceed thirty feet in height.

H.

Exceptions:

1.

The lot width for lots on culs-de-sac and curvilinear streets shall be fifty-five feet as measured fifteen feet from the front property line.

2.

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

I.

Maximum density: Three and seven tenths dwelling units per acre.

(Ord. 857 § 2, 2008)

A.

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

B.

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

C.

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

D.

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

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

The development of the PD-25 zone district shall be substantially in accord with the development plan shown on the planned development 22 subarea map found in Section 17.472.016.

G.

The maximum number of dwelling units shall be eighty-two.

(Ord. 857 § 2, 2008)

==> picture [519 x 720] intentionally omitted <==

(Ord. 857 § 2, 2008)

==> picture [519 x 9] intentionally omitted <==

Chapter 17.476 PD-26 (PLANNED DEVELOPMENT TWENTY-SIX) ZONE (§ 17.476.010 – § 17.476.150)

The authority, purpose and intent for the adoption of the PD-26 (planned development twenty-six) zone are as follows:

A.

Authority. The PD-26 (planned development twenty-six) zone is adopted pursuant to the authority set forth in Chapter 17.450 of this code, entitled "Planned Development Zones—General Regulations."

B.

Purpose. The purpose of the PD-26 (planned development twenty-six) zone is to permit and regulate development of special planning area L as designated by the city of Brentwood general plan.

C.

Intent. In order to achieve the purpose of the PD-26 (planned development twenty-six) zone in implementing the development of single-family housing, the zone shall entail a spectrum of individual lot sizes distributed according to the allocation of units represented on the development plan and related exhibits. The primary uses of this area shall consist of single-family, park, and open space uses. The planning areas shall be as shown in Section 14.476.150 of this chapter and made a part of this chapter, and as further described below. The boundaries of the PD-26 zoning district and its subareas are as shown on the map in Section

17.476.150. (Ord. 857 § 2, 2008)

The following uses are permitted within the PD-26 (planned development twenty-six) zone:

Those uses which are permitted within the R-1 (single-family residential) zoning district in Title 17;

B.

Low density single-family homes (one to five units per acre) with the average gross density for SPA-L not exceeding three units per acre;

C.

Parks;

D.

Bicycle and pedestrian trails;

E.

Other similar or compatible uses including park-and-ride lots, small family day care, home occupations, and model home sales facilities.

(Ord. 857 § 2, 2008)

The following uses require special consideration and approval of a conditional use permit in accordance with Brentwood Municipal Code Section 17.130.003:

A.

Public and private schools, libraries and churches;

B.

Those conditionally permitted uses within the R-1 (single-family residential) zoning district in Title 17; C.

Other uses similar in character to those uses listed above, as approved by the planning commission and zoning administrator.

(Ord. 857 § 2, 2008)

The following uses are permitted accessory uses and structures in accordance with Brentwood Municipal Code Chapter 17.660:

A.

Arbors, trellises, gazebos and similar structures of open construction;

B.

Fences and walls;

C.

Garages;

D.

Patio covers;

E.

Swimming pools and spas;

F.

Additional accessory uses and structures necessary or incidental to a principal use as approved by the community development department.

(Ord. 857 § 2, 2008)

A.

The overall density for the entire SPA-L shall be three units per acre as stipulated by the general plan and as shown on the development plan and related exhibits. To assure that the character of each parcel within SPAL is articulated successfully, each development plan will demonstrate how the combination of integrated common open space, lot layout, building siting, walls, fences, landscape, lighting and architectural solutions will result in a positive, enjoyable and visually pleasing development.

B.

SPA-L is divided into planning areas (see the development plan and related exhibits). The quantity of units allowed by individual planning area are listed below, followed by the zoning regulations and other conditions or comments applicable to the specific planning area. All residential planning areas are zoned low density residential (LDR).

Planning areas 8, 11, 12 and 15 have been assigned minimum lot sizes (SF-4,500 to SF20,000). Each minimum lot size designation has a corresponding set of development standards and applicable design guideline regulations.

B. SPA-L is divided into planning areas (see the development plan and related exhibits). The quantity of units allowed by individual planning area are listed below, followed by the zoning regulations and other conditions or comments applicable to the specifc planning area. All residential planning areas are zoned low density residential(LDR).
1. Planning areas 8, 11, 12 and 15 have been assigned minimum lot sizes (SF-4,500 to SF- 20,000). Each minimum lot size designation has a corresponding set of development standards and applicable design guideline regulations.
2. Planning area 1:	35 units-LDR:	Future application.
3. Planning area 2:	1 unit	Church, PG&E, EBMUD.
4. Planning area 3:	116 units-LDR:	Future application with required bufer areas of SF-10,000 fronting Fairview and school land uses.
5. Planning area 5:		Park, fve acres.
6. Planning area 6:	20 units-LDR:	Future application.

7. Planning area 7:	183 units-LDR:	SF less than 8,000, 8,000—9,000, and greater than 10,000.
8. Planning area 8:	71 units-LDR:	SF-5,000 with required bufer areas of SF- 10,000 fronting Fairview north of Apricot and SF-20,000 fronting Fairview south of Apricot.
9. Planning area 9:	74 units-LDR:	Future application with required bufer areas of SF-20,000 fronting Fairview.
10. Planning area 10:		Park, fve acres.
11. Planning area 11:	95 units-LDR:	SF-4,500.
12. Planning area 12:	179 units-LDR:	SF-4,500.
13. Planning area 13:	58 units-LDR:	Future application.
14. Planning area 14:	64 units-LDR:	Future application with required bufer areas of SF-10,000 fronting Minnesota Avenue and along the south boundary.
15. Planning area 15:	138 units-LDR:	SF-4,500 with required bufer areas of SF- 10,000 fronting Minnesota and adjacent to properties in NW corner.
16. Planning area 16:	134 units-LDR:	Future application with required bufer areas of SF-10,000 fronting Minnesota and SF-20,000 at the southern property line adjacent to Randy Way properties.

(Ord. 857 § 2, 2008)

A.

Within the PD-26 zone, prevailing minimum lot sizes are to be established for each planning area.

1.

The minimum lot size shall constitute no more than fifty percent of the total number of lots proposed in each planning area.

2.

The balance of the proposed lots shall increase by five hundred square foot increments, or thirty percent at plus five hundred square feet, and twenty percent at plus one thousand square feet, or greater. 3.

Deviation from the above regulation shall be reviewed on a case by case basis by the planning commission as a part of the subdivision map review process.

B.

The general plan requires a transition buffer where smaller lots would be proposed adjacent to existing larger properties.

1.

The transition buffer shall also be implemented where a significant lot size differential results between or within the proposed planning areas.

2.

Transition buffering shall consider lot size, number of resultant homes and general privacy issues with a preference for having no more than two lots abutting an existing lot.

3.

Such transition buffering shall be reviewed on a case by case basis as a part of the tentative map process. C.

Planning Areas 1, 2, 3, 6, 9, 13, 14, and 16. Before development plan processing may occur in these planning areas, the zoning district shall be amended to include development plan standards and accompanying regulations.

1.

Except as otherwise specified in the regulations so adopted, development of the PD-26 zone shall be in accordance with existing city standards as contained in Brentwood Municipal Code Chapters 17.130 and 17.140.

2.

To assure that the character of each parcel within SPA-L is articulated successfully, each development plan will demonstrate how the combination of integrated common open space, lot layout, building siting, walls, fences, landscape, lighting and architectural solutions will result in a positive, enjoyable and visually pleasing development.

3.

The plan shall establish standards for lot area, setbacks, yards, height and parking, and may also contain provisions governing design and site review, landscape plans and related matters. 4.

The development plan shall be approved by the planning commission and city council. (Ord. 857 § 2, 2008)

A.

Single-Family Residential. Greater Than Fourteen Thousand Square Feet.

1.

Minimum lot area: The minimum lot area shall be fourteen thousand square feet.

2.

Minimum lot width: The minimum lot width shall be eighty-five feet as measured from the front building line.

3.

Minimum street frontage: The minimum street frontage shall be eighty-five feet, except that the minimum street frontage on culs-de-sac shall be fifty feet.

4.

Minimum front yard setback: The standard building setback shall be a minimum of twenty feet. Thirty percent or more of the setbacks must randomly deviate from the average overall setback.

5.

Minimum side yard setbacks: Side yard setbacks shall be a minimum of twenty-five feet aggregate, with ten feet as a minimum (as measured from the property line to the building foundation at the front and rear setback lines). Corner lots shall maintain a minimum side yard setback on the street side of fifteen feet. 6.

Minimum rear yard setback: The rear yard setback for lots shall be a minimum of thirty feet with the exception of Lots 1, 2 and 3 of tentative subdivision map 8453, which shall be a minimum of twenty feet, (as measured

from the property line to the building foundation).

7.

Building height The maximum building height for all structures shall not exceed thirty feet.

8.

Driveways: Homes shall have a concrete driveway that provides access to the garage for a minimum distance of twenty feet behind sidewalk.

9.

Design: Five floor plans with three elevations per plan shall be developed for the fifty-three lots within these planning areas, with no one plan being utilized more than twenty-five percent of the time. (Ord. 857 § 2, 2008)

A.

Authority, Purpose, and Intent. The authority, purpose and intent for the adoption of development standards for PA-3 are as follows:

1.

Authority. PA-3 was created through the implementation of the PD-26 (planned development twenty-six) zone pursuant to the authority set forth in Chapter 17.450 of this code, entitled Planning Development Zones— General Regulations;

2.

Purpose. The purpose of PA-3 is to permit and regulate development standards within the PA-3 area in special planning area SPA-L;

3.

Intent. In order to achieve the purpose of the PD-26 (planned development twenty-six) zone in implementing the development of single-family housing, development standards shall consist of single-family detached housing and open space uses.

B.

Permitted Uses. The entirety of uses as defined within Section 17.476.020 of this code shall be permitted within PA-3.

C.

Conditionally Permitted Uses. The entirety of uses as defined within Section 17.476.030 of this code shall be permitted within PA-3.

D.

Permitted Accessory Uses and Structures. The entirety of uses as defined within Section 17.476.040 of this code shall be permitted within PA-3.

E.

Residential Densities. In no case shall residential densities or total permitted units exceed the numbers shown in Final Maps 8055 and 8176.

F.

Regulations for Lot area, Yards, Structure Height, and Other Regulations for Development.

1.

SF-7000 and SF-10000.

a.

Minimum lot area: The minimum lot area shall be seven thousand square feet. On Fairview Avenue, the minimum lot size shall be ten thousand square feet.

b.

Minimum lot width: The minimum lot width shall be sixty-five feet as measured at the front building line.

Minimum street frontage: The minimum street frontage shall be sixty-five feet, except that the minimum street frontage on knuckles shall be forty feet.

d.

Minimum front yard setback: The standard building setback shall be a minimum of twelve feet with an average overall setback of fifteen feet. Homes. Front-facing garages shall be set back a minimum of twenty feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback.

e.

Fairview Avenue front yard setback: The Fairview Avenue standard front yard setbacks shall be a minimum of twenty feet. Front-facing garages shall be set back a minimum of twenty-five feet.

f.

Driveways: Homes shall have a concrete driveway which provides access to the garage for a minimum distance of twenty feet behind the sidewalk. Lots fronting Fairview Avenue shall be designed with driveways that do not require backing onto Fairview Avenue.

g.

Minimum side yard setback: Side yard setbacks shall be a minimum of fifteen feet aggregate, with five feet as a minimum (as measured from the property line to the building foundation at the front and rear setback lines). Corner lots stall maintain a minimum side yard on the street side of ten feet.

h.

Minimum side yard setback for Fairview Avenue: For lots on Fairview, the side yard setback shall be twentyfive feet aggregate, with nine feet as a minimum. Rear yard garages may be located within the side yard up to a five-foot setback. Corner lots shall maintain a minimum side yard on the street side of fifteen feet.

i.

Minimum rear yard setback: The rear yard setback for lots shall be a minimum of fifteen feet with an average overall setback of at least twenty feet as measured from the property line to the building foundation. For lots on Fairview Avenue, the rear yard setback shall be a minimum of twenty feet. Rear yard garages may be located with at least a five-foot setback.

j.

Projections into setback areas: Architectural features such as cornices, eaves, bay windows, fireplaces,

porches, and fences/gates (as an architectural extension of the house) may project into any required setback, as per Chapter 17.660 of this code, except that in no circumstance shall any portion of the house be less than ten feet from the front property line.

k.

Building height: The maximum building height for all structures shall not exceed thirty feet.

l.

Side loading garages: A minimum of ten percent of the lots shall have side-entry garages.

m.

Single-story houses: Fifty percent of the corner lots and fifty percent of the lots backing up to or siding onto city arterial streets shall have single-story houses on them. Two-thirds of the lots on Fairview Avenue shall have single-story houses on them. Four-way intersections shall have a minimum of two single-story houses.

n.

Design: Five floor plans with three elevations per plan shall be developed for the one hundred fifteen lots within this subdivision, with no one plan being utilized more than twenty-five percent of the time. All homes shall be constructed with post tension slaps or structural slabs. If there is no porch, a seven-inch transition step up onto a landing with a minimum horizontal distance of three feet from the front door is to be provided.

The express purpose is to create a raised entry area to the home and to visually "finish" any exposed foundation. All second-story windows visible from arterial streets shall have mullions or grids.

2.

Landscaping and Lighting Standards.

a.

Lighting and landscaping for PA-3 shall conform to the standards of 17.476.100(C) and 17.476.110, or as modified through the design review process.

b.

Homes shall have a back-lighted illuminated house number.

c.

One street tree shall be provided for each lot within this subdivision. Each lot abutting Fairview Avenue shall be developed with a minimum of two twenty-four-inch boxed trees along the Fairview Avenue frontage. On corner lots, street trees shall be provided on thirty-foot intervals within the side street mow strip or parkway. Street trees shall be: (i) a species selected from the Brentwood master tree list, (ii) a minimum fifteen-gallon in size, and (iii) planted with branches above the average human eye level. The trees selected shall be deeprooted and drought-resistant. Location and species shall be approved by the city's landscape architect.

d.

Any proposed monument sign at the entrance shall have obtained building permits to the satisfaction of the city's community development department and traffic engineer with regards to sight-distance issues.

e.

CCRs, if any, shall preclude the parking of boats, trailers and recreational vehicles on public rights-of-way or between a building and a street in the front setback area or in the street-side side yard setback on corner lots.

3.

Other Regulations.

a.

Off-street parking shall be provided in accordance with Chapter 17.620 of this code.

b.

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

c.

Accessory buildings and structures will be permitted pursuant to the provisions of Chapter 17.660 of this code.

d.

All residential units shall be provided with sectional garage doors with automatic openers.

e.

Residential densities and planning area unit allocations shall be subject to the provisions of Section 17.476.050 of this code.

(Ord. 857 § 2, 2008)

A.

Minimum lot area: The minimum lot area shall be twelve thousand square feet. B.

Minimum lot width: The minimum lot width shall be seventy feet as measured from the front building line. C.

Minimum front yard setback: The standard building setback shall be a minimum of twenty-five feet.

D.

Minimum side yard setbacks: Side yard setbacks shall be a minimum of ten feet.

E.

Minimum rear yard setback: The rear yard setback for lots shall be a minimum of thirty feet (as measured from the property line to the building foundation).

F.

Building height: The maximum building height for all structures shall not exceed thirty-five feet and/or two stories.

G.

Design: All homes shall be designed with a minimum square footage of two thousand five hundred square feet. None of the homes shall have the same floor plan and/or exterior elevation. (Ord. 857 § 2, 2008)

A.

Single-Family Residential. Less Than Eight Thousand Square Feet.

1.

Minimum lot area: Five thousand five hundred square feet.

2.

Minimum lot width: Fifty feet, as measured at the front building line.

3.

Minimum street frontage: Thirty feet, with the exception of flag lots, which shall maintain a minimum of eighteen feet at the point of access, and difficult cul-de-sac lots, which may be allowed slight variation with the approval of the community development department.

4.

Minimum front yard setback: Twelve feet, with an average overall setback of fifteen feet. The standard for lots facing "landscape medians" or open space areas shall be a minimum of ten feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty feet as measured from the back of the sidewalk.

5.

Minimum side yard setback: Five feet, with a fifteen feet aggregate, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet. Rear yard garages: the proposed garage structure may be located within the side yard up to a three-foot setback.

6.

Minimum rear yard setback: Fifteen feet, with an average overall setback of at least twenty feet as measured from the property line to the building foundation. Rear yard garages: the proposed garage structure may be located within the rear yard up to a three-foot setback.

7.

Projections into setback areas: Architectural features such as cornices, eaves, bay windows, fireplaces, porches and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setbacks as per Chapter 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the front property line.

8.

Setbacks from sidewalks: Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

Maximum building height: Thirty feet.

B.

Single-Family Residential. Eight Thousand to Nine Thousand Nine Hundred Ninety-Nine Square Feet. 1.

Minimum lot area: Eight thousand square feet.

2.

Minimum lot width: Seventy feet, as measured at the front building line.

3.

Minimum street frontage Thirty feet.

4.

Minimum front yard setback: Twelve feet, with an average overall setback of fifteen feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty feet.

5.

Minimum side yard setback: Seven feet, with a twenty feet aggregate, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet. Rear yard garages: the proposed garage structure may be located within the side yard up to a five-foot setback.

6.

Minimum rear yard setback: Fifteen feet, with an average overall setback of at least twenty feet, as measured from the property line to the building foundation. Rear yard garages: the proposed garage structure may be located within the rear yard up to a three-foot setback.

7.

8.

9.

Maximum building height: Thirty feet.

C.

Single-family residential: Ten Thousand Square Feet or Greater.

1.

Minimum lot area: Ten thousand square feet.

2.

Minimum lot width: Ninety feet, as measured at the front building line.

3.

Minimum street frontage: Forty-five feet.

4.

Minimum front yard setback: Fifteen feet, with an average overall setback of twenty feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty feet.

5.

Minimum side yard setback: Twelve feet, with a thirty feet aggregate, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of fifteen feet. Rear yard garages: the proposed garage structure may be located within the side yard up to a ten-foot setback. 6.

Minimum rear yard setback: Twenty feet, with an average overall setback of at least twenty feet, as measured from the property line to the building foundation. Rear yard garages: the proposed garage structure may be located within the rear yard up to a three-foot setback.

7.

8.

9.

Maximum building height: Thirty feet.

(Ord. 857 § 2, 2008)

A.

Single-Family Residential. Four thousand five hundred (SF-4,500).

1.

Minimum lot area: Four thousand five hundred square feet.

2.

Minimum lot width: Forty-five feet, as measured at the front building line.

3.

4.

5.

Minimum side yard setback: Five feet, with a fifteen feet aggregate, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet. Minimum distance between houses shall be twelve feet. Rear yard garages: the proposed garage structure may be located within the side yard up to a "zero" setback (three feet, per Uniform Building Code).

6.

Minimum rear yard setback: Fifteen feet, with an average overall setback of at least twenty feet as measured from the property line to the building foundation, except for rear yards adjacent to the Southern Pacific Railroad in which case the minimum setback shall be one hundred feet from the RR right-of-way. Rear yard garages: the proposed garage structure may be located within the rear yard up to a "zero" setback (three feet, per Uniform Building Code).

Projections into setback areas: Architectural features such as cornices, eaves, bay windows, fireplaces, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setbacks as per Chapter 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the front property line.

8.

9.

Maximum building height: Thirty feet.

B.

Single-Family Residential. Five Thousand (SF-5,000).

1.

Minimum lot area: Five thousand square feet.

2.

Minimum lot width: Fifty feet, as measured at the front building line.

3.

4.

5.

6.

Minimum rear yard setback: Fifteen feet, with an average overall setback of at least twenty feet, as measured from the property line to the building foundation, except for rear yards adjacent to the Southern Pacific Railroad, in which case the minimum setback shall be one hundred feet from the RR right-of-way. Rear yard garages: the proposed garage structure may be located within the rear yard up to a "zero" setback (three feet, per Uniform Building Code).

7.

8.

location.

9.

Maximum building height: Thirty feet.

C.

Single-Family Residential. Five Thousand Five Hundred/Six Thousand (SF-5,500/SF-6,000).

1.

Minimum lot area: Five thousand five hundred square feet and six thousand square feet, respectively.

2.

Minimum lot width: Fifty-five feet and sixty feet, respectively, as measured at the front building line.

3.

4.

5.

Minimum side yard setback: Fifteen feet aggregate, with five feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet. Rear yard garages: the proposed garage structure may be located within the side yard up to a "zero" setback (three feet, per Uniform Building Code).

6.

Minimum rear yard setback: The rear yard setback for lots shall be a minimum of fifteen feet, with an average overall setback of at least twenty feet as measured from the property line to the building foundation, except for rear yards adjacent to the Southern Pacific Railroad, in which case the minimum setback shall be one hundred feet from the RR right-of-way. Rear yard garages: the proposed garage structure may be located within the rear yard up to a "zero" setback (three feet, per Uniform Building Code).

7.

8.

9.

Maximum building height: Thirty feet.

D.

Single-Family Residential. Ten Thousand (SF-10,000).

1.

Minimum lot area: Ten thousand square feet.

Minimum lot width: Eighty feet, as measured at the front building line.

3.

Minimum street frontage: Thirty feet.

4.

5.

Minimum side yard setback: Nine feet, with a twenty-five feet aggregate, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet. Rear yard garages: the proposed garage structure may be located within the side yard up to a five-foot setback. 6.

Minimum rear yard setback: Twenty feet, as measured from the property line to the building foundation, except for rear yards adjacent to the Southern Pacific Railroad, in which case the minimum setback shall be one hundred feet from the RR right-of-way line. Rear yard garages: the proposed garage structure may be located within the rear yard up to a "zero" setback (three feet, per Uniform Building Code).

7.

8.

9.

Maximum building height: Thirty feet.

E.

Single-Family Residential. Twenty Thousand (SF-20,000).

1.

Minimum lot area: Twenty thousand square feet.

2.

Minimum lot width: One hundred feet, as measured at the front building line.

3.

Minimum street frontage: One-half of the minimum lot width.

4.

Minimum front yard setback: Twenty feet, with an average overall setback of twenty-five feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty feet.

5.

Minimum side yard setback: Ten feet, with a twenty-five feet aggregate, as measured from the property line to building foundation. Rear yard garages: the proposed garage structure may be located within five feet of the property line.

6.

Minimum rear yard setback: Thirty feet, as measured from the property line to the building foundation. Rear yard garages: the proposed garage structure may be located within five feet of the property line. 7.

8.

9.

Maximum building height: Thirty feet.

(Ord. 857 § 2, 2008)

A.

Single-Family Residential. Six Thousand Five Hundred/Seven Thousand Nine Hundred Ninety-Nine (SF6,500/7,999).

1.

Minimum lot area: The minimum lot area shall be six thousand five hundred square feet respectively.

Minimum lot width: The minimum lot width, as measured at the building line, shall be fifty-five feet/sixty feet respectively.

3.

Minimum street frontage: The minimum street frontage shall be thirty feet with the exception of difficult culde-sac lots, which may be allowed slight variation with the approval of the community development department.

4.

Minimum front yard setback: The standard building setback shall be a minimum of twelve feet with an average overall setback of fifteen feet. The standard for lots facing "landscape medians" or open space areas

shall be a minimum of ten feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback. Front-facing garages shall be set back a minimum of twenty feet from front property line.

5.

Minimum side yard setback: Side yard setbacks shall be fifteen feet aggregate, with five feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard setback, on the street side, of ten feet.

6.

Minimum rear yard setback: The rear yard setback for lots shall be a minimum of fifteen feet with an average overall setback of twenty feet as measured from the property line to the building foundation. 7.

Projections into setback areas: Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code Chapter 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the property line.

9.

Maximum building height: The maximum building height for all structures shall not exceed thirty feet. B.

Single-Family Residential. Eight Thousand/Thirteen Thousand (SF-8,000/13,000).

1.

Minimum lot size: The minimum lot size shall be eight thousand square feet.

2.

Minimum lot width: The minimum lot width, as measured at the front building line, shall be seventy feet. 3.

Minimum street frontage: The minimum street frontage shall be thirty feet.

4.

Minimum front yard setback: The standard building setback shall be a minimum of fifteen feet with an average overall setback of twenty feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback. Front-facing garages shall be set back a minimum of twenty feet.

5.

Minimum side yard setback: Side yard setbacks shall be twenty feet aggregate, with seven feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard setback, on the street side, of ten feet.

6.

Minimum rear yard setback: The rear yard setback for lots shall be a minimum of twenty feet, as measured from the property line to the building foundation.

7.

Projections into setback areas: Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setbacks as per Brentwood Municipal Code Chapter 17.660, except that in no

circumstances shall any portion of the house be less than ten feet from the property line.

8.

9.

Maximum building height: The maximum building height for all structures shall not exceed thirty feet. C.

Single-Family Residential. Twenty Thousand and Over (SF-20,000).

1.

Minimum lot area: The minimum lot area shall be twenty thousand square feet.

2.

Minimum lot width: The minimum lot width, as measured at the front building line, shall be one hundred feet. 3.

Minimum street frontage: The minimum street frontage shall be one-half of the minimum lot width. 4.

Minimum front yard setback: The standard building setback shall be a minimum of twenty feet with an average overall setback of twenty-five feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty-five feet.

5.

Minimum side yard setback: Side yard setbacks shall be twenty-five feet aggregate, with ten feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard setback, on the street side, of ten feet.

6.

Minimum rear yard setback: The rear yard setback for lots shall be a minimum of thirty feet, as measured from the property line to the building foundation.

7.

Projections into setback areas: Architectural features such as cornices, eaves, bay windows, fireplace, porches and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code Chapter 17.660, except that in no circumstance shall any portion of the house be less than ten feet from the property line.

8.

Setbacks from sidewalk: Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9.

Maximum building height: The maximum building height for all structures shall not exceed thirty feet. D.

Other Regulations.

1.

All other development standards for PD-26 will apply to this proposed project within planning area 9 including Section 17.476.050 pertaining to residential densities and planning area unit allocations. (Ord. 857 § 2, 2008)

A.

Single-Family Residential. Seven Thousand Square Feet.

1.

Minimum lot area: The minimum lot area shall be seven thousand square feet.

2.

Minimum lot width: The minimum lot width shall be seventy feet.

3.

Minimum lot depth: The minimum lot depth shall be one hundred five feet.

4.

Minimum street frontage: One-half the required lot width. The lot width for cul-de-sac lots shall be measured thirty feet from the property line.

5.

Minimum front yard setback: Front facing garages shall be set back a minimum of twenty feet from front property line. Side entry garages/primary building walls shall be set back a minimum of fifteen feet. 6.

Minimum rear yard setback: The rear yard shall be a minimum of twenty feet as measured from the property line to the building foundation.

8.

Projections into setback areas: Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code Section 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the property line.

9.

10.

Maximum building height: The maximum building height for all structures shall not exceed thirty feet. (Ord. 857 § 2, 2008)

A.

Single-Family Residential. Seven Thousand Square Feet (Lots 22—64).

1.

Minimum lot area: The minimum lot area shall be seven thousand square feet respectively; 2.

Minimum lot width: The minimum lot width shall be sixty-five feet;

3.

Minimum lot depth: The minimum lot depth shall be ninety-eight feet;

4.

Minimum street frontage: One-half the required lot width. The lot width for cul-de-sac lots shall be measured thirty feet from the property line;

5.

Minimum front yard setback: Front-facing garages shall be set back a minimum of twenty feet from front property line. Side entry garages/primary building walls shall be set back a minimum of fifteen feet;

7.

8.

Projections into setback areas: Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Chapter 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the property line;

9.

Maximum building height: The maximum building height for all structures shall not exceed thirty feet.

B.

Single-Family Residential. Ten Thousand Square Feet (Lots 1—21).

1.

Minimum lot size: The minimum lot size shall be ten thousand square feet;

2.

Minimum lot width: The minimum lot width shall be sixty-five feet;

3.

Minimum street frontage: One-half the required lot width. The lot width for cul-de-sac lots shall be measured thirty feet from the property line;

4.

Minimum front yard setback: Front-facing garages shall be set back a minimum of twenty feet. Side-entry garages/primary building walls shall be set back a minimum of fifteen feet;

5.

Minimum side yard setback: Side yard setbacks shall be twenty feet aggregate, with ten feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard setback, on the street side, of ten feet;

6.

Minimum rear yard setback: The rear yard setback for lots shall be a minimum of twenty feet, as measured from the property line to the building foundation;

7.

Projections into setback areas: Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setbacks as per Chapter 17.660, except that in no circumstances shall any portion of the house be less than ten feet from the property line;

8.

9.

Maximum building height: The maximum building height for all structures shall not exceed thirty feet. (Ord. 857 § 2, 2008)

A.

Seven Thousand to Ten Thousand Square Foot Lot Size.

1.

Minimum lot area: Seven thousand square feet;

2.

Minimum lot width: Sixty-five feet as measured at the front setback line;

3.

Minimum lot depth: Ninety feet as measured at the side setback line;

Minimum lot frontage: Thirty-five feet;

5.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet to any primary building wall or side-entry garage;

6.

Minimum side yard setback: Five feet and a total of fifteen feet for both sides. For corner lots the street side yard shall be a minimum of ten feet;

7.

Minimum rear yard setback: Twenty feet;

8.

Maximum building height: Thirty feet.

B.

Ten Thousand to Twenty Thousand Square Foot Lot Size.

1.

Minimum lot area: Ten thousand square feet;

2.

Minimum lot width: Sixty feet as measured at the front setback line;

3.

Minimum lot depth: Ninety feet as measured at the side setback line;

4.

Minimum lot frontage: Thirty-five feet;

5.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet to any primary building wall or side-entry garage;

6.

Minimum side yard setback: Five feet and a total of fifteen feet for both sides. For corner lots the street side yard shall be a minimum of ten feet;

7.

Minimum rear yard setback: Twenty feet;

8.

Maximum building height: Thirty feet.

C.

Twenty Thousand Square Foot Plus Product.

1.

Minimum lot area: Twenty thousand square feet;

2.

Minimum lot width: Sixty-five feet as measured at the front setback line;

3.

Minimum lot depth: One hundred feet as measured at the side setback line;

4.

Minimum lot frontage: Fifty feet;

5.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for living space and side-entry garage, and ten feet for front porches;

6.

Minimum side yard setback: Ten feet and a total of twenty feet for both sides. For corner lots the street side yard shall be a minimum of ten feet;

Minimum rear yard setback: Twenty-five feet;

8.

Maximum building height: Thirty feet and two stories for main residence.

D. Duet Units.

1.

Minimum lot area: Four thousand square feet;

Minimum lot width: Thirty-five feet;
Minimum lot depth: Fifty-five feet;

4.

Minimum lot frontage: Thirty feet;

5.

Minimum front yard setback: Twenty feet for front facing garages, fifteen feet for living space;

6.

Minimum side yard setback: Zero feet and a total of seven and one-half feet for both sides. Five feet and a total of fifteen feet for both sides on corner lots. For corner lots the street side shall be a minimum of ten feet; 7.

Maximum building height: Thirty feet.

E.

Other Regulations.

1.

Design and site development 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 provided lot coverage does not exceed fifty percent.

5.

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

6.

Fencing on Corner Lots. All fencing shall be set back a minimum of five feet from the street side yard property line; all other fencing shall adhere to the requirements of Chapter 17.660 of the Municipal Code

7.

No building permit for a primary dwelling unit shall be issued until a residential growth management program (RGMP) allocation is received for the unit.

(Ord. 857 § 2, 2008)

A.

Engineering Guidance.

Grading designs shall conform with the city of Brentwood grading ordinance.

2.

Grades shall be designed in accordance with the recommendations of a licensed civil engineer or soils engineer.

(Ord. 857 § 2, 2008)

All public and private streets within the development area shall conform to those standards in the adopted city's roadway infrastructure master plan and/or proposed as a part of PD-26 and approved by the public works department.

(Ord. 857 § 2, 2008)

A.

General. The location and construction of all utilities within the development area shall conform to those standards adopted by the public works department, or proposed as a part of PD-26 and approved by the public works department. All infrastructure shall be improved incrementally and concurrently with development of all parcels within SPA "L."

B.

Underground. All utility service lines, transformers, control points and other utility housings shall be underground with the exception of portions of the ECCID Lateral Line No. 6, which may remain open as approved by ECCID and the city.

C.

Lighting Standards. All light standards for public streets within the development area shall conform to those standards adopted and approved by the public works department and/or proposed as a part of PD-26 as follows:

1.

Sand Creek Road, and on Minnesota and Fairview Avenues south of Sand Creek Road. Cobra heads.

2.

Residential Collector. Decorative fixtures with a pole height of eighteen feet to twenty feet.

3.

Residential. Decorative fixtures with a pole height of sixteen feet to eighteen feet.

4.

Residential Cul-de-sac. Decorative fixtures with a height of fourteen feet will be used on the residential side of the street.

5.

Residential Streets With Landscaped Medians. Decorative fixtures with a height of fourteen feet shall alternate between the residential frontage and the "landscaped medians."

6.

Park/Open Space Entrances. Decorative lighting, on pedestrian scale of ten to twelve feet in height. All decorative light fixtures shall be consistent with city standards for the type, model and make. Consideration will be given to complimentary smaller scale fixtures at residential streets with landscaped medians/culs-desac and at park/open space entrances. Lighting shall be shielded so as not to intrude onto adjacent residential properties.

(Ord. 857 § 2, 2008)

A.

General. The landscaping for SPA "L" shall comply with the regulations contained in Chapter 17.630 entitled "Landscaping and Screening" and/or as approved as a part of PD 26. Required landscape plans shall be

prepared and submitted by a registered landscape architect. The design and landscape plans shall be submitted with each tract map application within the zone, and must be approved by the community development department.

B.

Street Trees. Street trees are required to be planted on all streets within the development area. Tree spacing on Fairview Avenue and Minnesota Avenue shall be uniformly spaced at thirty feet on center, and double lined where the frontage width will allow it. Tree spacing on all other residential streets shall average thirty-five feet on center with at least one tree provided per lot. A street tree master plan shall be prepared and submitted with each tract map application. The SPA "L" master street tree list is presented in the development plan and related exhibits.

C.

Entryway Design. The design of individual development entryways shall consist of a combination of signage, landscaping, lighting, monumentation, hardscape and other materials. Entryway design shall be reviewed by the planning commission.

D.

Front yard Landscaping. All developer-provided front yard landscaping shall be installed with water conserving materials, as per applicable water conservation ordinances. Landscape and irrigation plans for each typical lot shall be submitted with each tract map application.

E.

Neighborhood Open Space/Commons. All development plans shall include neighborhood open space evenly dispersed within the individual planning area. Commons shall be landscaped with a combination of large scale canopy trees and neutral walk-on ground cover, of a design to fulfill the intent of the commons theme. Lighting and landscaping districts, homeowner associations, or other financing mechanisms acceptable to the city shall be set up to maintain the landscaping in these areas.

(Ord. 857 § 2, 2008)

A.

Compliance with Park and Recreation Master Plan. PD-26 shall contain park areas within its boundaries as designated by the park and recreation master plan.

B.

Open Space Areas. Open space areas may be required to be offered for dedication as part of the public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, approved by the city, sufficient to assure the maintenance and preservation of such a space for whatever purpose it is intended. Covenants or other legal arrangements shall specify: the ownership of the open space; method of maintenance; responsibility for maintenance; taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the city council; and any other specification deemed necessary by the city.

Open space consistent with the commons theme, shall be provided as an integrated part of the developed plan. Open space shall be eight to ten percent of the acreage for each planning area and shall include: landscaped medians, expanded frontage and parkway landscape, trails/pathways and the linear open space/commons connecting the neighborhood parks.

Permitted Uses. Permitted uses in park and open space areas include: 1.

Public parks, facilities, rest rooms, play fields, parking and playgrounds;

Drainage channels;

3.

Greenbelt areas which are formed by land development;

4.

Pedestrian and/or bicycle trails;

5.

Access for maintenance and emergency vehicles;

6.

Neighborhood open space/commons.

D.

Park Requirements. The properties included in PD-26 shall provide for ten acres of neighborhood park area, the payment of "in-lieu" fees, or a combination thereof, as required by the city's general plan. The park area shall consist of two five-acre neighborhood parks as required by the city of Brentwood park and recreation master plan.

(Ord. 857 § 2, 2008)

A.

Parking Requirements. Off-street parking shall be provided pursuant to Chapter 17.620 and/or as approved as a part of PD-26 and as approved by the public works department.

B.

Corner Lots. Where it is possible, garages on corner lots may have their entries oriented to the side street. C.

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

(Ord. 857 § 2, 2008)

A.

The development of PD-26 shall be substantially in accordance with the SPA "L" plan and the "commons" theme. Variations may be allowed in subsequent development plans, including street sections, ingress/egress, and the open space boundary configuration, with approval of the zoning administrator.

B.

Design and site development review shall be required for all housing development pursuant to Chapters 17.100 and 17.800.

C.

To achieve the desired lot layout, including flag lots, lot sizes may vary within each planning area provided that minimum requirements contained in the zoning and development standards of this document are satisfied, and the total number of units per planning area is not exceeded.

D.

A master plotting plan, illustrating the placement of the house plans, shall be submitted for each phase or tract of development.

E.

Except as otherwise specified in regulations with in this document, development of the PD-26 zone shall be in accordance with existing city standards as contained in Chapters 17.130 through 17.140.

F.

Development applications within all planning areas shall comply with the Brentwood Municipal Code with respect to development and performance standards, landscaping and screening, parking, signage and

lighting.

G.

Minor modifications to the planning area boundaries may be approved by the zoning administrator. H.

The use of model home complexes shall be allowed within a recorded tract and subsequent tracts throughout SPA "L," subject to the issuance of a temporary use permit as required by Chapter 17.850.

I.

Prior to the final map approval of the first implementing subdivision map, a concept plan shall be prepared and submitted to the city showing designs, location, size, materials, colors and appearance for all entry monumentation and landscaping, including city signage.

J.

Where the Sand Creek Regional Trail crosses streets, at-grade trail crossings may occur provided signage, striping and other appropriate traffic control devices are installed.

K.

Improvements and conveyance of land for the purposes of implementing the Sand Creek Regional Trail shall be in accordance with the city's adopted trails master plan, and shall include a channel crossing at Marsh Creek near the railroad.

L.

Bus turnouts shall be provided at major intersections to accommodate future bus service in the area. As development is proposed, project plans will be reviewed by Tri-Delta Transit to insure appropriate design and location of bus turnouts and bus shelters.

M.

In accordance with the city's community design policy of minimizing the use of soundwalls along the thoroughfares, developments within SPA "L" should be designed with a combination of earth berms, extensive landscaping, decorative wall features, stepped wall patterns, and other design features aimed at minimizing the visual impact of any required soundwalls.

N.

If the construction of Sand Creek Road includes a sound attenuating wall, it shall be consistent with the SPA "L" design and "commons" theme.

O.

Where possible, the architecture shall mix hip and gable roof forms. Where lots back up to major thoroughfares, rear yard architectural elevations should be designed with enhanced window trim and other features such as balconies and trellises to provide greater articulation and variety. The city would prefer to see one-story structures developed immediately adjacent to arterial thoroughfares. Structures taller than one story should be designed on wider and/or deeper lots with greater setbacks, developed facing the thoroughfare off of a frontage road, or designed in such a manner as to resemble a one-story profile. Deviations from these suggested alternatives will require special consideration.

P.

Each development plan shall go through formal design review and, to assure that the character of each parcel within SPA "L" is articulated successfully, shall demonstrate how the combination of integrated common open space, lot density, lot layout, building situation, walls, fences, landscape, lighting and architectural solutions will result in a positive, enjoyable, and visually pleasing development. Q.

ECCID Canals.

Where ECCID canal and pipeline operating and maintenance points are adjacent to city streets and require operator attendance, vehicle turnouts may be required at such points to provide temporary district parking out of the regular traffic lanes.

Along the ECCID canal, barriers or fencing as approved by ECCID and the city may be required to prevent human and animal access to the canal waterway.

Along the ECCID pipelines, no trees or shrubbery that would impair the operation or maintenance of the pipeline are to be planted.

The design of the ECCID canal as a "meandering waterway" within the linear park shall include features to minimize safety hazards, water losses and other adverse impacts on the district's use of the facility for delivery of irrigation water.

All half-street sections shall include (at a minimum) one travel lane, shoulder and bike lane. S.

In order to encourage the development of affordable multifamily residential housing within SPA "L," a density bonus in excess of the state mandated standard (twenty-five percent) shall be entertained on a maximum of two sites within SPA "L."

The rights-of-way for those portions of Fairview and Minnesota Avenues north of Sand Creek Road are established at sixty-four feet and sixty feet, respectively. U.

If either the school, park or linear trail sites are relocated within the SPA "L" area, there can be a transfer of units from the new school, park and trail sites to the planning areas that lost these amenities, as long as the maximum unit count of one thousand one hundred thirty-four units is maintained for the SPA. V.

If either the school, park or trail sites are relocated outside the SPA "L" area, the city would entertain a general plan amendment on the affected planning areas that reflects residential densities comparable to those on abutting properties.

If the school, park or trail sites are relocated, the general plan's density transition policy would still apply. X.

Planning areas not developed to their maximum density shall create a "pool" of units that could be allocated to the remaining planning areas as long as the maximum unit count of one thousand one hundred thirty-four units is maintained for the SPA.

Table 2 PLANNING AREA RESIDENTIAL DENSITIES AND TOTAL ALLOWED UNITS

The average density of SPA "L" is not to exceed three units/acre (the mid-point for low density residential zoning of one to five units/acre). Total units permitted by planning area shall be as follows:

Area	Owner	Residential Acreage	Other Acreage	Units	Density in du/ac	Min. Lot Size
PA 1	Shafer/Sanchez Detention Basin	22.24	10.70	35 0	1.57	—
PA 2	Episcopal Church, PG&E, EBMUD	5.00	8.92 4.20	1 0 0	0.20	N/A
PA 3	Giannini/Hofman	31.88		116	3.64	—
PA 5	Park/Hofman Park/Cox		4.00 1.00	0 0
PA 6	Tittle/Frisbey/Bonnano/Hanberg/Newmann	15.33		20	1.32	—
PA 7	Cox	45.26		183	4.13	—
PA 8	Perkins/Continente	20.00		71	3.55	5,000 sq. ft.
PA 9	Sciortino	21.52		74	3.44	—
PA 10	Park/Carlisle		5.00	0		N/A
PA 11	Continente	20.64		95	4.60	4,500 sq. ft.
PA 12	Continente/Kruse	39.31		179	4.55	4,500 sq. ft.
PA 13	Carlisle	15.30		58	3.79	—
PA 14	Tachella	19.36		64	3.31	—
PA 15	Venoble/Sanders/Kruse/Gasner	32.19		138	4.29	4,500 sq. ft.
PA 16	Nef/Biederman	42.98		134	3.12	—
	Sand Creek Road R-O-W		13.56			N/A

Owner	Residential Acreage	Other Acreage	Units	Density in du/ac
Subtotals	320.81		1,134	3.53
All Other Properties		57.38
TOTAL SPA "L"		378.19	1,134	3.00

(Ord. 857 § 2, 2008)

==> picture [519 x 638] intentionally omitted <==

(Ord. 960 § 13, 2015)

Chapter 17.477 PD-27 (PLANNED DEVELOPMENT TWENTY-SEVEN) ZONE (§ 17.477.001 – § 17.477.006)

The authority and purpose for the adoption of the PD-27 (planned development twenty-seven) zone are as follows:

A.

Authority. This 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. Purposes of this zone are to replace the zoning districts previously applicable to the property and to permit and regulate the development of the approximately four hundred thirty-two acres described on the development plan and related exhibits. Further, in recognition of the very large size of the Brentwood Country Club, its age-restricted occupancy, and its probable construction over a number of years, it is also the purpose of this zone to allow flexibility in the design and development standards, to encourage construction of a high-quality community, to facilitate ease of adapting the housing product to market demands which change over time, and to allow construction of streets and other improvements consistent with reduced demand levels of age-restricted occupancy.

C.

Intent. In order to achieve the purpose of the PD-27 zone, it is intended that development be in accordance with the land uses and acreage of the development plan and related exhibits. The boundaries of the PD-27 zoning district and its subareas are as shown on the map in Section 17.477.006. (Ord. 857 § 2, 2008)

A.

Permitted Uses—Area A.

1.

Single-family, single-story detached and attached homes for age-restricted occupancy consistent with the provisions of Section 51 of the California Civil Code;

2.

Model home sales facilities;

3.

Golf course and related facilities including, tennis courts, maintenance structures and related recreation facilities;

4.

Homeowners' association recreation buildings, tennis courts, recreational vehicle parking lots, other common-use facilities and open area;

5.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

6.

7.

Other uses determined by the zoning administrator to be similar to and compatible with the preceding permitted uses.

B.

Conditionally Permitted Uses—Area A. The following uses may be permitted with the granting of a conditional use permit pursuant to Chapter 17.830:

1.

Uses determined by the zoning administrator to be similar to and to be ancillary to a permitted use. C.

Maximum Number of Units and Minimum Lot area—Area A.

1.

Maximum Units. A maximum of one thousand, one hundred twenty-six dwelling units may be developed. 2.

Lot Area. Minimum lot area shall be four thousand square feet, provided that two thousand five hundred square feet is the permitted minimum per attached duet dwelling unit. A variety of lot sizes, larger than the minimums, shall be included to provide a variety of housing products and yard conditions.

3.

Setbacks, Height and Parking. Each yard setback specified in Tables A and B shall be measured from its respective property line, except that measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter 17.660, Encroachments Into Required Yards.

Table A
Setbacks, Height and Parking	Age-Restricted Home	Age-Restricted Home
Properties Within Tentative Subdivision Map No. 7940	Duet Lot	All Other Lots
A. Min. Front Yard
(1) To door of a front-entry garage	18′	18′
(2) To a wall of a side-entry garage	NA	10′
(3) To a wall of a habitable room	13′	13′
B. Min. Side Yard Adjoining a Street	NA	12′
C. Min. Side Yard at Interior Lot Line
(1) To a wall of a garage	5′*	5′
(2) To a wall of a habitable room	5′*	6′
(3) Aggregate, both side yards	5′*	12′
D. Min. Rear Yard	5′**	15′ where the yard adjoins a golf course;

Table A
Setbacks, Height and Parking		Age-Restricted Home	Age-Restricted Home
Properties Within Tentative Subdivision Map No. 7940		Duet Lot	All Other Lots
			15′ minimum and 20′ average elsewhere
E. Min. Of-Street Parking Spaces
(1) In a garage		1	2
(2) In a driveway		1
F. Max. Building Height		35′	35′
Notes:
*	A 0′ setback is permitted at one side yard of	a duet lot.
**	Every duet unit shall include patio area of not less than 15′ x 10′.
	Table B
Setbacks, Height and Parking		Age-Restricted Home	Age-Restricted Home
Properties Within Tentative Subdivision Map No. 8089		Duet Lot	All Other Lots
A. Min. Front Yard
(1) To door of a front-entry garage		20′	20′
(2) To a wall of a side-entry garage		NA	10′
(3) To a wall of a habitable room		13′	13′
B. Min. Side Yard Adjoining a Street		NA	12′
C. Min. Side Yard at Interior Lot Line
(1) To a wall of a garage		5′*	5′
(2) To a wall of a habitable room		5′*	6′
(3) Aggregate, both side yards		5′*	12′
D. Min. Rear Yard		5′**	15′ where the yard adjoins a golf course; 15′ minimum and 20′ average elsewhere

Table B
Setbacks, Height and Parking		Age-Restricted Home	Age-Restricted Home
Properties Within Tentative Subdivision Map No. 8089		Duet Lot	All Other Lots
E. Min. Of-Street Parking Spaces
(1) In a garage		1	2
(2) In a driveway		1
F. Max. Building Height		35′	35′
Notes:
*	A 0′ setback is permitted at one side yard of	a duet lot.
**	Every duet unit shall include patio area of not less than 15′ x 10′.

D.

Construction Standards—Area A.

1.

Age-Restricted Homes, Variety in Building Mass. Variety in building mass shall be accomplished

a.

Inclusion in the floor plans available for purchase, varying front façade design such as optional side-entry garages and varying the entryway location and design;

b.

Avoidance of using a single floor plan more than twice in any group of four or more contiguous homes;

c.

Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alter the visual mass of a floor plan; and

d.

Multiple floor plans incorporating design variations such as those of subsections a, b and c of this

subsection, shall be submitted at the time of site design and development review.

2.

Acoustical Analysis. Dwellings adjacent to Fairview Avenue and the State Route 4 bypass shall be designed to meet the city's interior noise level standard of forty-five dBA L[dn] .

E.

Design Review—Area A.

1.

Residential Buildings. Design and site development review shall be required pursuant to Chapter 17.820, except that authority to review and approve or deny an application for design and site development review is hereby delegated to the zoning administrator;

2.

Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to a plan to be approved by the zoning administrator prior to issuance of building permits for the lots to be landscaped, fenced or walled. The plan shall specify colors, materials and spacing of elements;

Recreation Facilities and Conditionally Permitted Facilities. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:

a.

Golf clubhouse and related buildings,

b.

Recreation buildings and accompanying outdoor facilities such as pools, and

c.

Buildings for which approval of a conditional use permit by the planning commission is required. (Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

A.

Permitted Uses. The following uses are permitted within area B:

1.

Agriculture;

2.

Transportation and public service uses;

3.

Other uses determined by the zoning administrator to be similar to and compatible with agriculture, transportation, and public service uses.

B.

Conditionally Permitted Uses. The following uses may be conditionally permitted within area B with the granting of a conditional use permit pursuant to Chapter 17.830:

1.

Recreational commercial uses, including golf course and golf-related facilities;

2.

Recreational vehicle storage lots;

3.

Other land uses determined by the zoning administrator to require minimal construction of permanent buildings and otherwise possessing economic and physical characteristics consistent with termination of the use upon construction of highway improvements within area B.

(Ord. 857 § 2, 2008)

A.

Permitted Uses. The following uses are permitted within area C:

Agriculture;

2.

Public service uses, including park.

B.

Conditionally Permitted Uses. Land uses determined by the zoning administrator to be similar to and compatible with agriculture and public service uses may be permitted within area C, with the granting of a conditional use permit pursuant to Chapter 17.830.

(Ord. 857 § 2, 2008)

A.

The purpose, regulations, and standards affecting this area shall be those contained within Chapter 17.130, R-1 (Single-Family Residential) Zone. This area and all existing single-family residential uses therein shall not

be considered to be a part of the Brentwood Country Club and shall be allowed to continue, subject to said purposes, regulations, and standards of the typical R-1 zoning district.

(Ord. 857 § 2, 2008)

==> picture [519 x 638] intentionally omitted <==

(Ord. 960 § 14, 2015)

Chapter 17.478 PD-28 (PLANNED DEVELOPMENT TWENTY-EIGHT) ZONE (§ 17.478.001 – § 17.478.007)

The authority, purpose and intent for the adoption of planned development twenty-eight (PD-28) zone are as follows:

A.

Authority. PD-28 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-28 zone is to permit and regulate the development of single-family detached homes on the McDonald Property in accordance with the Brentwood general plan.

Intent. The boundary of the PD-28 zoning district is as shown on the map in Section 17.478.007. It is intended that in order to achieve the purpose of the PD-28 zone, the development of the McDonald Property will be undertaken in accordance with the Brentwood general plan as follows:

1.

A maximum of sixty-eight homes will be developed on the property;

2.

A minimum four thousand five hundred square foot lots will be created.

(Ord. 857 § 2, 2008)

The following uses are permitted in the PD-28 zone. Those uses permitted under the R-1 zone, Section 17.130.002.

(Ord. 857 § 2, 2008)

Upon obtaining a use permit, those uses identified in Section 17.130.003 may be permitted in the PD-28 zone.

(Ord. 857 § 2, 2008)

The residential type permitted in the McDonald Property is as follows: Single-family dwellings, detached S- F(D).

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Development Standards.

1.

Minimum lot area: Four thousand five hundred square feet;

2.

Minimum lot width: Forty-five feet;

3.

Minimum front yard:

a.

No more than fifteen percent of the lots shall have a minimum setback of fifteen feet, b.

No more than fifteen percent of the lots shall have a minimum setback of eighteen feet,

c.

No less than seventy percent of the lots shall have a minimum setback of twenty feet;

Minimum side yard setback: Twelve feet aggregate; five feet minimum;

5.

Minimum rear yard setback:

a.

All single story homes shall have a minimum setback of fifteen feet with a twenty-foot average depth,

b.

All two-story homes shall have a minimum setback of twenty feet;

6.

Exceptions:

a.

Cul-de-sac lots shall have a minimum thirty feet of street frontage and forty-five feet at the building setback,

b.

Corner lots shall maintain a side yard setback on the street side of ten feet as measured from the property line,

c.

Garages that front onto a street shall have a minimum setback of twenty feet. Garages that side onto a street shall have a minimum setback of ten feet;

7.

Maximum building height shall be thirty feet;

8.

Maximum lot coverage shall be forty percent. (Ord. 857 § 2, 2008)

A.

All homes along Sunset Road, Marsh Creek and on corner lots shall be single story. In addition, the homes constructed on lots #11 and 12 shall be single story. No more than sixty percent of the homes shall be twostory.

B.

Twenty percent of the homes shall have the second story stepped back four and one-half feet from the first floor façade.

C.

Twenty percent of the homes shall have the second story stepped forward two and one-half feet from the first floor façade.

D.

Ten percent of the lots shall have side loading garages.

F.

Fencing along the lots abutting the creek shall be open-view fencing to be approved as part of design review. G.

Encroachments into required yards shall be in conformance with Chapter 17.660.

Vehicle storage shall be in conformance with Section 17.620.016.

I.

All homes within this development area shall require design and site development review as contained in Chapter 17.820.

K.

All two-story homes designed for side-by-side and back-to-back construction shall pay special attention to privacy issues such that occupants do not peer directly into neighbor's home. Final decisions will be resolved during design review.

(Ord. 857 § 2, 2008)

==> picture [519 x 652] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.479 PD-29 (PLANNED DEVELOPMENT TWENTY-NINE) ZONE (§ 17.479.001 – § 17.479.008)

The authority, purpose and intent for the adoption of the PD-29 (planned development twenty-nine) zone are as follows:

A.

Authority. PD-29 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-29 zone is to permit and regulate the orderly development of single-family detached homes, and public uses in accordance with the goals of the city of Brentwood's planned development regulations. The boundaries of the PD-29 zoning district and its subareas are as shown on the map in Section 17.479.008.

(Ord. 857 § 2, 2008)

Permitted uses in the PD-29 zone are those permitted under R-1 (single-family residential) zoning district in Title 17.

(Ord. 857 § 2, 2008)

Conditionally permitted uses are those uses identified as conditionally permitted uses in the R-1 zoning district in Title 17, which are subject to the granting of a conditional use permit by the city.

(Ord. 857 § 2, 2008)

The following regulations shall apply to subarea A:

A.

Minimum lot area: Seven thousand square feet;

B.

Average lot area: Nine thousand square feet;

C.

Minimum lot width: Seventy feet. The lot width for lots on culs-de-sac, curvilinear streets, etc. shall be a minimum of forty feet at the front property line;

D.

Minimum lot depth: One hundred feet;

E.

Minimum front yard: Twenty feet to the garage; except twelve feet to the garage for a swing driveway. Fifteen feet to any living space. Twelve feet for porches;

F.

Minimum lot frontage: One-half the required lot width;

G.

Minimum side yard: Minimum five feet; sum of both sides, fifteen feet. Corner lots shall maintain a minimum side yard on the street of ten feet. Driveways and/or flatwork shall be allowed within the setback area; H.

Minimum rear yard: Twenty feet;

I.

Maximum lot coverage: Forty percent;

Maximum building height: No main building shall exceed the height of two stories and thirty feet. The singlestory detached garage unit shall not exceed fifteen feet in height. The two-story detached garage unit shall not exceed twenty-five feet in height;

K.

Detached garages and outbuildings will have a minimum setback of five feet from all property lines. The twostory scheme B detached garage unit shall only be constructed on lots 5, 12, 15, 24, 25, 26, 36, 37, 48, 49, 52, 55, 66, 69, 76, 80, 82, 84, 87, 89, 101, 131, and 136 within subdivision No. 8226 and lots 2, 4, 14, 20, 23, 44, 45, 48, 51, 53, 54, 55, 57, 72, 74, 96, 98, 99, 101, and 107 within subdivision No. 8402. The scheme C detached unit can include a kitchen area. Such detached garage/outbuildings shall not be constructed with a foundation footprint larger than twenty-one feet by twenty-one feet (four hundred forty-one square feet);

L.

M.

Maximum number of dwelling units shall be two hundred forty-five;

N.

A minimum of fifty percent of the homes abutting O'Hara Avenue shall be single-story; O.

Side-loading garage: Ten percent of the lots shall have side-loading garages;

P.

Corner lots: Fifty percent of corner lots shall have single-story units; Q.

A minimum of twenty-five percent of the lots shall have single-story units;

R.

The city's decorative street light standard shall be utilized throughout the subdivision. (Ord. 857 § 2, 2008)

The following regulations shall apply to subarea B:

A.

Minimum lot area: Fifteen thousand square feet;

B.

Minimum lot width: Ninety feet with the exception that cul-de-sac and knuckle lots shall have at least a thirtyfoot width at the front property line;

C.

Minimum front yard setback: Twenty feet;

D.

Minimum side yard setback: Ten feet, the sum of both sides shall be twenty feet. Corner lots shall maintain a minimum fifteen-foot setback street side yard setback;

E.

Minimum rear yard setback: Twenty feet;

F.

Maximum lot coverage: Forty percent. G.

Maximum building height: Two stories and thirty-five feet. (Ord. 857 § 2, 2008)

The following regulations shall apply to subarea C:

A.

Minimum lot area: Fourteen thousand five hundred square feet;

B.

Minimum lot width: One hundred feet with the following exception: a cul-de-sac lot shall have a width of not less than one hundred feet measured thirty feet from the front property line and no less than forty-foot width at the front property line;

C.

Minimum front yard setback: Twenty feet;

D.

Minimum side yard setback: Ten feet, the sum of both sides shall be twenty-five feet. Corner lots shall maintain a minimum fifteen-foot setback street side yard setback;

E.

Minimum rear yard setback: Thirty feet;

F.

Maximum lot coverage: Forty percent;

G.

Maximum building height: No principal structure shall exceed two stories and thirty feet in height. Accessory buildings shall not exceed one story and fifteen feet except that barns, utilized within those subdivisions for large livestock, may be constructed to a height of thirty-five feet if approved in accordance with the conditional use permit procedures.

(Ord. 857 § 2, 2008)

A.

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

B.

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

C.

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

D.

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

E.

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660. (Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

Chapter 17.480 PD-30 (PLANNED DEVELOPMENT THIRTY) ZONE (§ 17.480.001 – § 17.480.009)

The authority, purpose and intent for the adoption of the PD-30 (planned development thirty) zone are as follows:

A.

Authority. PD-30 is adopted pursuant to the authority set forth in Chapter 17.480, Planned Development Zones—General Regulations, of the Brentwood Municipal Code.

B.

Purpose. The purpose of the PD-30 zone is to permit and regulate the orderly development of the area shown on the development plan and related exhibits in accordance with the Brentwood general plan. The area is comprised of four subareas, one set aside for a senior apartment project and the other three set aside for single-family homes and related uses.

C.

Intent. This zoning district is intended to provide a neighborhood of single-family homes on smaller lots and senior housing in conformance with the Brentwood general plan in order to enhance the viability of downtown Brentwood. The boundaries of the PD-30 zoning district and its subareas are as shown on the map in Section 17.480.009.

(Ord. 857 § 2, 2008)

A.

Subarea A.

1.

Those uses permitted within the single-family residential (R-1) zoning district in Title 17. 2.

Parks and playgrounds.

B.

Subarea B.

1.

Apartments, condominiums, and townhomes for seniors aged fifty-five or older developed at a density not to exceed the mid-range of high density residential land use category.

Swimming pools, spas, and other recreational amenities serving seniors.

Temporary uses related to the primary use subject to Chapter 17.660.

The keeping of domestic animals or pets subject to Chapter 17.670.

Signs subject to Chapter 17.640.

Subarea C.

1.

Those uses permitted within the single-family residential (R-1) zoning district in Title 17.

Parks and playgrounds.

D. Subarea D.

1.

Those uses permitted within the single-family residential (R-1) zoning district in Title 17.

2.

Parks and playgrounds.

(Ord. 857 § 2, 2008)

A.

Subarea A. Those conditionally permitted uses within the Ranchette Estate (RE) zoning district in Title 17. B.

Subarea B.

1.

Apartments, condominiums, and townhomes for seniors aged fifty-five or older developed at a density exceeding the mid-range of the high density residential land use category.

2.

Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character intended to primarily serve the immediate neighborhood or residential project.

3.

Group homes for seniors that provide services in a group setting to individuals fifty-five or older who need or desire care and supervision.

C.

Subarea C. Those conditionally permitted uses within the Ranchette Estate (RE) zoning district in Title 17. D.

Subarea D. Those conditionally permitted uses within the Ranchette Estate (RE) zoning district in Title 17. (Ord. 857 § 2, 2008)

A.

Minimum lot area: Five thousand two hundred square feet;

B.

Minimum lot width: Fifty feet;

C.

Minimum lot depth: One hundred feet;

D.

Minimum lot frontage: Thirty feet for all lots on culs-de-sac, knuckles or curvilinear streets;

E.

Minimum front yard setback: Twenty feet for a street facing garage; twelve feet for a turned garage; ten feet for any living space and five feet for front porches;

F.

Minimum side yard setback: Five feet and a total of twelve feet for both sides. Zero feet for garage using a shared driveway with the adjacent lot;

G.

Corner lots, on the street side, shall maintain a minimum side yard setback of ten feet;

H.

Minimum rear yard setback: Twenty feet with an average of twenty-five feet;

I.

Maximum building height: Thirty feet and two stories;

J.

Side loading garages: Ten percent of the total lots shall have side-loading garages;

K.

Corner lots: Fifty percent of the corner lots shall have single story plans; L. Single story units: A minimum twenty-five percent of the total lots shall have single story plans; M.

Maximum lot coverage shall be forty percent; N. Maximum number of units: One hundred thirteen dwelling units. (Ord. 857 § 2, 2008) A. Minimum building setback from property lines to be fifteen feet; B.

Minimum distance between buildings to be fifteen feet; C. Maximum building height, thirty-five feet or two stories; D. Maximum building coverage shall be twenty-five percent; E.

Maximum number of dwelling units: Eighty;

F.

There shall be one coverage parking stall provided per dwelling unit. (Ord. 857 § 2, 2008)

A.

Minimum lot area: Four thousand seven hundred square feet; B.

Minimum lot width: Forty-seven feet;

C.

Minimum lot depth: One hundred feet, except for lots 172—174 where ninety-foot minimum is acceptable; D.

Minimum lot frontage: Forty feet for all lots on culs-de-sac, knuckles or curvilinear streets. E.

Minimum front yard setback: Twenty feet for a street-facing garage; twelve feet for a turned garage; ten feet for any living space and five feet for front porches;

F.

Minimum side yard setback: Four feet with an aggregate of ten feet on lots less than fifty-three feet wide, five feet with an aggregate of twelve feet on the fifty-three-foot or wider lots, and five feet with an aggregate of fifteen feet on all corner lots. Zero feet for garage using a shared driveway with the adjacent lot;

G.

Corner lots, on the street side, shall maintain a minimum side yard setback of ten feet; H.

Minimum rear yard setback: Twenty feet average with a minimum of fifteen feet for habitable portion of dwelling: Five feet for detached garages;

Maximum building height: Thirty feet and two stories;

J.

Side loading garages: Ten percent of the total lots shall have side-loading garages; K.

Corner lots: Fifty percent of the corner lots shall have single story plans; L.

Single story units: A minimum twenty-five percent of the total lots shall have single story plans; M.

Maximum lot coverage shall be forty percent; N. Maximum number of lots: One hundred seventy-five. (Ord. 857 § 2, 2008) A.

Minimum lot area: Five thousand one hundred square feet;

B.

Minimum lot width: Sixty feet; C.

Minimum lot depth: Eighty-five feet;

D.

Minimum lot frontage: Forty feet for all lots on culs-de-sac, knuckles or curvilinear streets;

Minimum front yard setback: Twenty feet for a street-facing garage; twelve feet for a turned garage; ten feet for any living space; and five feet for front porches;

F.

Minimum side yard setback: Five feet with an aggregate of fifteen feet. Zero feet for a garage using a shared driveway;

Corner lots, on the street side, shall maintain a minimum side yard setback of ten feet; H.

Minimum rear yard setback: Twenty feet average with a minimum of fifteen feet for habitable portion of dwelling. Five feet for detached garage;

I.

Maximum building height: Thirty feet and two stories;

J.

Side loading garages: Ten percent of the total lots shall have side loading garages;

K.

Corner lots: Fifty percent of the corner lots shall have single story plans; L.

Single story units: A minimum twenty-five percent of the total lots shall have single story plans; M.

Maximum lot coverage shall be forty percent; N. Maximum number of lots: Seventy-seven. (Ord. 857 § 2, 2008)

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

17.100.004(H).

B.

Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H) except for subarea B that has its own specific standard.

C.

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

D.

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

E.

Architectural features may project into any required yard pursuant to the provision of Chapter 17.660 with the exception that no feature may project into the maximum front yard setback.

F.

(Ord. 857 § 2, 2008)

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(Ord. 960 § 15, 2015)

Chapter 17.481 PD-31 (PLANNED DEVELOPMENT THIRTY-ONE) ZONE (§ 17.481.001 – § 17.481.006)

The authority, purpose and intent for the adoption of the PD-31 (planned development thirty-one) zone are as follows:

A.

Authority: PD-31 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 and Intent. The purpose of the PD-31 zone is to permit and regulate the orderly development of the Birchwood Estates development located north of Chestnut Street and east of Fourth Street (APN: 013212003).

C.

Intent. Birchwood Estates consists of approximately 9.98 acres intended for the development of up to fiftytwo residential dwelling units. The exact number of units will be determined through the tentative map procedure, Chapter 16.050 of the Brentwood Municipal Code. The density for this phase shall not exceed 5.2 dwelling units/acre. The boundary of the PD-31 zoning district is as shown on the map in Section 17.481.006. (Ord. 857 § 2, 2008)

The following uses are permitted within the PD-31 zone:

A.

One single-family dwelling per parcel;

B.

Accessory uses subject to Section 17.650.003, excluding Rooming and boarding, transient housing, and non-residential accessory uses (i.e., Christmas tree lot, fruit stand, etc.);

C.

Accessory buildings subject to Section 17.660.006 of the Brentwood Municipal Code and accessory structures subject to Section 17.660.007 of the Brentwood Municipal Code. Temporary uses defined in Section 17.850.003. shall also be excluded;

D.

Home occupations subject to obtaining a home occupation permit pursuant to the Brentwood Municipal Code Chapter 17.840;

E.

Community and neighborhood parks as shown on an approved tentative map; F.

The keeping of domestic animals or pets subject to the Brentwood Municipal Code Chapter 17.670;

G.

Small-family day care facilities limited to a maximum of six children; H.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

I. (Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

Upon obtaining a use permit, those uses identified in Section 17.30.003 of the Brentwood Municipal Code may be permitted in the PD-31 zone.

(Ord. 857 § 2, 2008)

A.

Street Standards.

1.

Street Standards: Street Widths will be sixty-foot right-of-way for major residential streets and fifty-six-foot right-of-way for minor residential streets. The location and design of the streets shall be as indicated on an approved tentative map.

2.

Sidewalks, Crosswalks and Bike Trails.

a.

Sidewalks: Continuous and linking with other paths rather than dead ending. They are to be generally straight with minimal meandering. There shall be a five-foot wide parkway strip placed between the back of curb and the sidewalk on all streets.

b.

Bike paths: Concrete or A.C. paving to be consistent with City-wide bike path master plan.

3.

Utility Location and Screening. All electrical and utility vaults are to be placed below ground where feasible. 4.

Mailboxes. Individual or duplex mailboxes are strongly encouraged rather than ganged mailboxes of four, six or twelve. The post, stand and enclosure should be in keeping with the character of the homes. A design for the mail boxes shall be submitted for staff and Postmaster review and approval prior to construction.

Residential Standards.

1.

Minimum setbacks: Building setbacks vary depending on the site plan configuration;

2.

Minimum lot area: Four thousand five hundred eleven square feet. (Lot No. 21);

3.

Minimum lot frontage: Thirty-five feet for cul-de-sac and knuckle lots; fifty feet for standard lots;

4.

Minimum width: Fifty-five feet for corner lots;

5.

Minimum lot depth: Ninety feet, except at culs-de-sac and corner flag lots;

6.

Maximum height: Thirty feet, or two stories;

7.

Minimum front yard: Fifteen feet to front porch and to the house; units to be staggered along the street, three feet to five feet where possible. twenty feet to the garage on a standard lot with a front-on garage; fifteen feet with a side-on garage with minimum of two parking spaces provided in the driveway.

8.

Minimum side yard: House: five feet, twelve feet aggregate, to be staggered along the street. ten feet on the street side and five feet on the interior side of corner lots;

Minimum side yard: Five feet interior lot and five feet for side-on garage on a corner lot. Detached Garage twenty feet setback shall be maintained for garages accessed straight-on;

10.

Minimum rear yard: Fifteen feet for a one-story house; twenty feet for a two-story house; ten feet minimum along Road "A" (Fairview Parkway) where "dual entry" units are planned to integrate with the Road "A" thirtyeight-foot right-of-way, with an additional fourteen feet. of landscaping area/pedestrian-bike path to be dedicated to the city of Brentwood;

11.

Open space: An open space area with pedestrian/bike path access is to be located at the south-east corner of the property and will encompass a portion of the existing Chestnut Street right-of-way. This will be offered for dedication to the city of Brentwood;

12.

Culs-de-sac: All culs-de-sac shall have access to pedestrian/bike path system; 13.

Encroachment into yards: Encroachment into required yards shall be in conformance with Chapter 17.660 of the Brentwood Municipal Code;

14.

Minimum building separation: Twelve feet between houses (not including roof overhangs), with seven feet/five feet side yard minimums;

15.

Unit mix: A minimum of twenty-five percent single-story units will be provided;

16.

Side-loading garages: A minimum of ten percent of the lots shall have side loading garages;

Lot coverage: Maximum lot coverage shall be forty percent;

Building configuration, orientation: (Note: The front yard setbacks are reduced to bring the entry/porch and living areas closer to the sidewalks, encouraging interaction with neighbors.)

Porches/entries: Front doors must be on the front façade and be visible from the street. Front porches must have a minimum square footage of fifty-five square feet. this does not apply to lots which have dual access along Road A,

b.

Corner lots: Standard setbacks apply for corner lots. The area in front of the garage must allow for a minimum of two off-street parking spaces;

19.

Architectural design: To ensure a certain amount of variation within the development, a minimum of three unit types, three variations on each unit type and three individual color schemes, and two roofing materials with two roof colors or one material and three colors are required;

a.

Articulation and massing roofs: Combination of gables, and hip roof forms will be used. Roof slopes shall be 5:12 or greater for primary roofs. Articulation of the building façade should relate to the roof form of the building. No "bubble" skylights visible from the street allowed,

Materials: Horizontal board siding, shingles, or stucco is required for all homes. No plywood siding is allowed,

c.

Windows: Front elevation windows shall be vertical in proportion, or divided by mullions, or divided into separate lights. Long horizontal sliding windows are strongly discouraged,

d.

Fencing: Fencing may be of a different board siding than the homes. Side yard fencing will be recessed a min. of ten feet behind front façade of house. On corner lots, fencing will only enclose the rear yard on street side and be recessed a minimum of two feet behind the garage façade. Visible fencing for corner lots shall be of an upgraded material and stained or painted to match the siding of the homes;

20.

Yard trees and landscaping: Two trees required per interior lot; minimum of three trees required per corner lot, to be planted between the sidewalk and the curb. Approximate spacing for trees shall be twenty feet on center.

(Ord. 857 § 2, 2008)

A.

The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to this development.

B.

If not specifically covered in these PD Standards, it is then governed by title 17 "Zoning Ordinance" of the city of Brentwood Municipal Code.

C.

Fencing details along Chestnut Street and future Road "A" shall be addressed at the design review stage.

D.

All two-story homes designed for side-by-side and/or back-to-back construction shall pay special attention to privacy issues such that occupants do not peer directly into neighbors' homes. Final issues will be resolved during design review.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

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Chapter 17.482 PD-32 (PLANNED DEVELOPMENT THIRTY-TWO) ZONE (§ 17.482.001 – § 17.482.006)

The authority, purpose, and intent for the adoption of the PD-32 (planned development thirty-two) zone are as follows:

A.

Authority. The PD-32 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-32 zone is to permit and regulate the orderly development of 4.05 acres

located generally west of Brentwood Boulevard and south of Marsh Creek with medium density residential uses in accordance with the Brentwood General Plan. The area is divided into two subareas as shown on the subarea map.

C.

Intent. The intent of creating the PD-32 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties. The boundaries of the PD-32 zoning district and its subareas are as shown on the map in Section 17.482.007.

(Ord. 863 § 2, 2009)

Subarea A.

A.	Single-family attached dwelling units;
B.	Rooming and boarding subject to Section 17.650.003;
C.	Accessory structures shall be permitted subject to specifc small-lot accessory structure development standards that shall be prepared by the developer and submitted for the review and approval of the community development director prior to recordation of the fnal map. All future accessory structures shall adhere to these development standards;
D.	Temporary uses related to the primary use and subject to obtaining a temporary use permit subject to Chapter 17.850;
E.	Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
F.	The keeping of domestic animals or pets subject to Chapter 17.670;
G.	Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;
H.	Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5,shall be subject only to the same requirements as other residential uses within the same zone.

Subarea B.

Single-family detached dwelling units;

Rooming and boarding subject to Section 17.650.003;

C.

Accessory structures shall be permitted subject to specific small-lot accessory structure development standards that shall be prepared by the developer and submitted for the review and approval of the community development director prior to recordation of the final map. All future accessory structures shall adhere to these development standards;

D.

Temporary uses related to the primary use and subject to obtaining a temporary use permit subject to Chapter 17.850;

E.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

The keeping of domestic animals or pets subject to Chapter 17.670;

Recreational trails and open space;

H.

(Reserved);

I.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

J.

(Ord. 863 § 2, 2009; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025) Subarea A. Conditionally permitted uses are those uses identified in Section 17.140.003 (R-2 Zone) of the zoning ordinance, which are subject to the granting of a conditional use permit by the city. Subarea B. Conditionally permitted uses are those uses identified in Section 17.140.003 (R-2 Zone) of the zoning ordinance, which are subject to the granting of a conditional use permit by the city. (Ord. 863 § 2, 2009)

A.

Minimum lot area: Two thousand square feet;

Minimum lot width: Thirty feet;

C.

Minimum lot depth: Seventy feet;

D.

Minimum front yard setback:

1.

Twelve feet for living space,

Five feet for porches; E.

Minimum side yard setback:

Zero feet on the side that is attached,

2.

Five feet for living space on the exposed side,

3.

Three feet for porches;

F.

Minimum rear yard setback:

1.

Fifteen feet where the back yard abuts a public street,

2.

Twelve and one-half feet when the back yard is located within a private courtyard that has residences facing both sides of the courtyard;

G.

Maximum building height: Thirty feet;

H.

Maximum lot coverage: Fifty-five percent.

I.

All residential development in the PD-32 zone is exempt from the city of Brentwood residential growth management program until a date five years from the effective date of the ordinance codified in this section. (Ord. 863 § 2, 2009; Ord. 883 § 2, 2010)

A.

Minimum lot area: Two thousand five hundred square feet;

B.

Minimum lot width: Forty feet;

C.

Minimum lot depth: Sixty feet;

D.

Minimum front yard setback:

1.

Twelve and one-half feet for garages when located within a private courtyard that has residences facing both sides of the courtyard,

2.

Twenty-five feet for garages when located within a private courtyard that has residences facing only one side of the courtyard,

3.

Twenty feet to the back of sidewalk for garages facing a public street,

4.

Five feet for living space and porches;

E.

Minimum side yard setback:

1.

Zero feet for a garage,

2.

Five feet for living space, except for lots 8 and 30 which shall maintain a minimum setback of three feet,

Total aggregate side yard setback must be five feet;

F.

Minimum rear yard setback: Five feet;

G.

Minimum private open space: Two hundred fifty contiguous square feet with a minimum dimension of ten feet. No future building additions are permitted within the required private open space;

H.

Maximum building height: Thirty feet;

I.

Maximum lot coverage: Fifty percent;

J.

All buildings within a particular cluster shall be of the same elevation style and complimentary color schemes. K.

A.

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

B.

Off-street parking shall be provided pursuant to Chapter 17.620;

C.

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

D.

All future replacement and maintenance of fences shall adhere to the approved fencing plan; E.

The development of the PD-32 zone shall be substantially in accordance with the development plan. Variations in the development plan, including street and lot patterns, may be approved through the subdivision map process.

(Ord. 863 § 2, 2009)

Chapter 17.483 PD-33 (PLANNED DEVELOPMENT THIRTY-THREE) ZONE (§ 17.483.001 – § 17.483.006)

The authority, purpose and intent for adoption of the PD-33 zone are as follows:

Authority. The PD-33 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations, of this title.

B.

Purpose. The purpose of the PD-33 zone is to permit and regulate the development of the Ferro/Ronconi property in accordance with the general plan for a maximum of one hundred sixty single-family residential lots.

C.

Intent. The PD-33 zone is intended to provide a neighborhood with a mix of single-family homes on various lot sizes, recreational amenities and open space in conformance with the general plan. (Ord. 860 § 12, 2009)

A.

Single-family dwelling units;

B.

Parks, playgrounds and recreation trails; C.

Other permitted uses identified in Chapter 17.130 of the Brentwood Municipal Code (R-1 Zone). (Ord. 860 § 12, 2009)

A.

(Reserved);

B.

Those uses identified in Chapter 17.130 of the Brentwood Municipal Code as being conditionally permitted (R-1 Zone).

(Ord. 860 § 12, 2009; Ord. 1083, 2/25/2025)

A.

Minimum lot area: Six thousand six hundred square feet; B.

Minimum lot width: Sixty feet; C.

Minimum lot depth: One hundred feet;

D.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for side-loading garages and living space, and ten feet for front porches; E.

Minimum side yard setback: Five feet and a total of ten feet for both sides, ten feet at corner lots with 5 feet for side porches;

F.

Minimum rear yard setback: Fifteen-foot minimum, with a twenty-foot average (five-foot minimum at detached garage);

G.

Maximum building height: Thirty feet and two stories;

H.

Maximum lot coverage: Forty-five percent for single-story units and forty percent for two-story units. (Ord. 860 § 12, 2009)

A.

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.

B.

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

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.

D.

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

E.

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

1.

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

2.

Setbacks are measured to building structure. Flatwork, column flairs, architectural elements, overhangs, and non-structural build-outs may encroach two feet into all required setbacks.

3.

Setbacks for side loading garages are measured to structural walls. Built-out or recessed window elements may encroach up to two feet into required front yard setbacks.

F.

Lot width for lots on culs-de-sac, curvilinear streets, etc. shall be measured thirty feet from the front property line.

G.

H.

Corner lot fences shall be set back a minimum of five feet from street side property lines. The homeowner shall be responsible for planting and maintaining attractive landscaping in the area between the fence and sidewalk.

(Ord. 860 § 12, 2009)

==> picture [519 x 648] intentionally omitted <==

(Ord. 860 § 12, 2009)

Chapter 17.484 PD-34 (PLANNED DEVELOPMENT THIRTY-FOUR) ZONE (§ 17.484.001 – § 17.484.006)

The authority, purpose and intent for the adoption of the PD-34 (planned development thirty-four) zone are as follows:

A.

Authority. PD-34 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-34 zone is to permit and regulate the development of 8.3 acres located at the northwest corner of Balfour Road and Walnut Boulevard and designated by the city of Brentwood general land use map as neighborhood commercial.

C.

Intent. The intent of creating the PD-34 zone is to insure the coordinated development of the entire property in order to minimize the impacts on the adjacent residential areas, while providing for the flexibility to maximize the potential for job creation while designing a project that is pedestrian friendly to serve the needs of surrounding residential neighborhoods. The boundary of the PD-34 zoning district is as shown on the map in Section 17.484.006.

(Ord. 857 § 2, 2008)

The following uses are permitted within the PD-34 zone:

A.

Convenience retail uses such as bakeries, pastry shops, bookstores, candy stores, florists, newsstands, stationery/gift shop, ice-cream parlor and similar uses;

B.

General retail sales with limited outdoor storage and display; professional offices uses; veterinarian or pet store (excluding kennels), supermarket and drugstores;

C.

Service uses including, but not limited, to addressing and mailing service, appliance, television and radio repair; barber or beauty shop; butcher, meat market including frozen food locker; shoe repair, laundromat, dry cleaners and similar uses;

D.

Financial institutions;

E.

Restaurants with take-out service only, with no restriction on the number or area of such uses within the center;

F.

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

(Ord. 857 § 2, 2008)

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-34 zone:

A.

Liquor stores, recreation services such as a billiard hall, bowling alley, skating rink and similar uses;

Auto service station, alternative fuel station, tire shop, auto seat and upholstery shops; laboratories for medical, dental, optical uses; meeting room/fraternal hall, neighborhood community center;

C.

Restaurants and cafés with sit-down facilities only, when the total square footage of such uses within the shopping center exceeds five thousand square feet;

D.

Nursery, child care, day care centers;

E.

(Ord. 857 § 2, 2008; Ord. 1078, 12/10/2024)

All permitted and conditionally permitted uses developed with the PD-34 zone shall comply with the following regulations:

A.

Minimum lot area: Eight gross acres except that a master planned shopping center may be subdivided into smaller parcels that conform to an approved development plan for the entire center; B.

Minimum street frontage: Three hundred feet except in the event of a subdivision pursuant to subsection A of this section where minimal frontage is not required provided perpetual access is provided by reciprocal easements;

C.

Minimum building setbacks:

1.

Balfour Road street frontage: Five feet to encourage a pedestrian orientation,

2.

Walnut Boulevard street frontage: None,

3.

Interior side yard: Five feet,

4.

Rear yard: Twenty-five feet,

D.

Maximum building height: The maximum height of all structures within the PD-34 zone shall be thirty feet. Structural embellishments greater than thirty feet may be permitted subject to planning commission approval. (Ord. 857 § 2, 2008)

A.

Parking. Off-street parking shall be in accordance with Chapter 17.620. Deviations may be permitted for shopping center developments subject to conditional use permit approval.

B.

Development Standards. The uses within the PD-34 zone shall comply with Section 17.200.003.

C.

Performance Standards. The uses within the PD-34 zone shall comply with Section 17.200.004. D.

Signs. All signage for uses within the PD-34 zone shall adhere to a planned sign program which is subject to conditional use permit approval.

(Ord. 857 § 2, 2008)

==> picture [519 x 720] intentionally omitted <==

(Ord. 857 § 2, 2008)

==> picture [519 x 24] intentionally omitted <==

Chapter 17.485 PD-35 (PLANNED DEVELOPMENT THIRTY-FIVE) ZONE (§ 17.485.001 – § 17.485.020)

The authority, purpose and intent for the adoption of planned development thirty-five (PD-35) zone are as follows:

A.

Authority. PD-35 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations.

B.

Purpose. The purpose of the PD-35 zone is to permit and regulate the development of commercial sites and single-family neighborhoods within the boundaries of the zone in accordance with the Brentwood general plan.

C.

Intent. It is intended that in order to achieve the purpose of the PD-35 zone, the coordinated development of the area encompassed by the zone will be undertaken in accordance with the Brentwood general plan. The boundaries of the PD-35 zoning district and its subareas are as shown on the map in Section 17.485.020. (Ord. 857 § 2, 2008; Ord. 880 § 2, 2010)

The following uses are permitted in the PD-35 zone:

A.

The following uses are permitted in sub-areas A, C, D, E, F, G, H, I, and K:

1.

Those uses permitted under the R-1 zoning district in Title 17;

2.

The continuation of the existing year round Gursky Ranch operation;

3.

Attached housing units in order to comply with the city's adopted affordable housing provisions, Chapter 17.725.

B.

The following uses are permitted in sub-area J:

1.

Those uses permitted under the RE (Ranchette Estate) zoning district in Title 17.

The following uses are permitted in sub-area B:

1.

Convenience retail uses such as bakeries, pastry shops, book stores, candy stores, florists, news-stands, stationery/gift shops, ice-cream parlors, and similar uses.

Supermarkets, drug stores, and similar uses.

Barber or beauty shops, shoe repair, laundromats, dry cleaners, and similar uses.

(Ord. 857 § 2, 2008) The following uses are conditionally permitted in the PD-35 zone:

A.

The following uses are conditionally permitted in subareas A, C, D, E, F, G, H, I, and K: 1. Upon obtaining a use permit, those uses permitted under the R-1 zone, Section 17.130.003. B.

The following uses are conditionally permitted in subarea J: 1. Upon obtaining a use permit, those uses permitted under the RE zone, Section 17.110.003. C.

The following uses are conditionally permitted in subarea B:

1.

On-sale or off-sale liquor establishments;

2.

Fuel sale facilities, alternative fuel stations, convenience stores, meeting rooms/fraternal halls, and neighborhood community centers;

3.

Restaurants and cafés;

4.

Nurseries, child care centers, day care centers, and similar uses;

5.

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

(Ord. 857 § 2, 2008; Ord. 1078, 12/10/2024)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Single-Family Residential. (Eight Thousand Square Feet to Nineteen Thousand Nine Hundred Ninety-Nine Square Feet).

1.

Minimum lot size: Eight thousand square feet;

2.

Minimum lot width: Seventy feet as measured at the front building line;

3.

Minimum street frontage: Thirty feet;

4.

Minimum front yard setback: Fifteen-foot minimum with an overall average setback of twenty feet. Front facing garages shall be set back a minimum of twenty feet;

5.

Minimum side yard setback: Seven-foot minimum with a seventeen-foot aggregate setback, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard setback, on the street side, of ten feet;

6.

Minimum rear yard setback: Twenty-foot minimum as measured from the property line to the building foundation. Rear yard garages shall be considered an accessory building and shall meet all requirements as shown in Section 17.660.006 of this title;

7.

Maximum building height: Thirty feet.

B.

Single-Family Residential. (Twenty Thousand Square Feet or Larger).

1.

Minimum lot size: Twenty thousand square feet;

2.

Minimum lot width: Ninety feet as measured at the front building line;

3.

Minimum street frontage: Forty-five feet;

4.

Minimum front yard setback: Twenty-foot minimum. Front facing garages shall be set back a minimum of twenty feet;

5.

Minimum side yard setback: Ten-foot minimum with a twenty-five-foot aggregate setback. Corner lots shall maintain a minimum side yard setback, on the street side, of fifteen feet;

6.

Minimum rear yard setback: Twenty-foot minimum. Rear yard garages shall be considered an accessory building and shall meet all requirements as shown in Section 17.660.006 of the this title;

7.

Maximum building height: Thirty feet.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

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;

B.

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;

C.

Minimum street frontage yards: None required;

D.

Minimum non-street frontage yards: Five feet, except that buildings located along the southerly boundary of the subarea shall be set back at least twenty feet from such boundary. These yards shall be screened if required pursuant to Section 17.630;

E.

Maximum building height: The maximum height of all structures in the PD-35 subarea B zone shall be two stories not to exceed thirty feet.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below:

A.

Minimum lot size: Nine thousand square feet;

B.

Minimum lot width: Eighty feet;

C.

Minimum lot depth: One hundred ten feet, except that lots on culs-de-sac shall have a minimum depth of eighty-five feet;

D.

Minimum lot frontage: Forty feet at the front property line;

E.

Minimum front yard setback: Twenty feet to the garage, except fifteen feet for turned garages and fifteen feet to any living space;

F.

Minimum side yard setback: Five feet, with an aggregate of fifteen feet. Corner lots shall maintain a minimum street side setback of ten feet. A minimum of fifteen feet shall be maintained between houses;

G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty percent;

J.

Maximum number of dwelling units: Sixty-seven;

K.

Garages at the rear of the lot shall have a minimum rear and side yard of five feet.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Single-Family Residential. (Eight Thousand Square Feet to Nineteen Thousand Nine Hundred Ninety-Nine Square Feet).

1.

Minimum lot area: Eight thousand square feet;

2.

Minimum lot width: Seventy feet as measured at the front building line;

3.

Minimum street frontage: Thirty feet.

4.

Minimum front yard setback: Fifteen feet with an average overall setback of twenty feet. Thirty percent or more of setbacks must randomly deviate from the average overall setback. Front facing garages shall be set back a minimum of twenty feet as measured from property line to garage lip;

5.

Minimum side yard setback: Fifteen feet aggregate, with seven feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet. A proposed detached garage structure may be located within the side yard up to a "zero" setback (three feet per Uniform Building Code). Side yard setback minimums for cul-de-sac or knuckle nonrectangular

lots shall be seven feet at the front corners of the structure. When the side of the house is not parallel to a property line, the average aggregate side yard setback shall not be less than fifteen feet;

6.

Minimum rear yard setback: Twenty feet as measured from the property line to the building foundation. The proposed garage structure may be located within the rear yard up to a "zero" setback (three feet as per the Uniform Building Code);

7.

8.

Maximum building height: Thirty feet;

9.

Fences: Minimum clearance from any part of the residence to a side yard fence shall be five feet. Side yard fences on the street side of corner lots shall be five feet behind the back of walk, or one foot from the top of slope, whichever is greater.

B.

Single-Family Residential. (Greater Than Twenty Thousand Square Feet.)

1.

Minimum lot area: Twenty thousand square feet;

2.

Minimum lot width: Ninety feet, as measured at the front building line;

3.

Minimum street frontage: Forty-five feet;

4.

5.

Minimum side yard setback: Thirty feet aggregate, with twelve feet as a minimum, as measured from the property line to the building foundation. Corner lots shall maintain a minimum side yard on the street side of fifteen feet. The proposed garage structure may be located within the side yard up to a ten-foot setback;

6.

Minimum rear yard setback: Twenty feet with an average overall setback of at least twenty feet as measured from the property line to the building foundation. The proposed garage structure may be located within the rear yard up to a "zero" setback (three feet as per the Uniform Building Code);

7.

8.

Maximum building height: Thirty feet.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot size: Eight thousand square feet;

B.

Minimum lot width: Seventy feet

C.

Minimum lot depth: One hundred ten feet;

D.

Minimum lot frontage: One-half the required lot width;

E.

Minimum front yard setback: Twenty feet to the garage door face, fifteen feet to any primary building wall; F. Minimum side yard setback: Seven feet; aggregate fifteen feet. All corner lots shall have a minimum of ten feet on the street side;

G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty percent. (Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot area: Eight thousand square feet; B.

Minimum lot width: Seventy feet; C.

Minimum lot depth: One hundred ten feet. D. Minimum lot frontage: One-half the required lot width; E.

Minimum front yard: Twenty feet to the garage; twelve feet to any primary building wall; F.

Minimum side yard: Five feet; aggregate fifteen feet. All corner lots shall maintain a minimum side yard on the street side of ten feet;

G.

Minimum rear yard: Twenty feet;

H.

Maximum building height: Thirty feet and two stories.

I.

Maximum lot coverage: Forty percent. (Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot size: Eight thousand square feet, with the exception of parcels A and B of minor subdivision No. 357-04, which shall have a minimum lot size of five thousand four hundred square feet;

Minimum lot width: Seventy feet, with the exception of parcels A and B of minor subdivision No. 357-04, which shall have a minimum lot width of fifty-five feet;

C.

Minimum lot depth: One hundred five feet;

D.

Minimum lot frontage: One-half the required lot width;

E.

Minimum front yard setback: Twenty feet to the garage, fifteen feet to any primary building wall;

F.

Minimum side yard setback: Seven feet with an aggregate of fifteen feet (ten feet on the street side of corner lots), with the exception of duet units, which shall have a common side yard setback of zero feet with an aggregate of fifteen feet (ten feet on the street side of corner lots);

G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty-five percent for single-story units, provided that a minimum of thirty-five percent of the total number of lots have single-story units, otherwise the maximum lot coverage shall be forty percent; forty percent for two-story units.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot size: Eight thousand square feet;

B.

Minimum lot width: Sixty-five feet (the width of all lots shall be measured thirty feet from the front property line);

C.

Minimum lot depth: One hundred feet.

D.

Minimum lot frontage: One-half the required lot width;

E.

Minimum front yard setback: twenty feet to the garage, fifteen feet to any primary building wall;

F.

Minimum side yard setback: Five feet with an aggregate of fifteen feet (ten feet on the street side of corner lots), and a minimum of fifteen feet between houses;

G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty percent. (Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below:

Minimum lot size: Five thousand eight hundred square feet; three thousand six hundred square feet for duets; B.

Minimum lot width: Sixty feet; forty feet for duets; thirty feet for cul-de-sac lots, as measured at the front property line;

C.

Minimum lot depth: Eighty feet;

D.

Minimum lot frontage: One-half the required lot width;

E.

Minimum front yard setback: Twenty feet to front facing garage door and fifteen feet to any primary building wall;

F.

Minimum side yard setback: Five feet with an aggregate of twelve feet and ten feet on the street side of a corner lot (zero feet with an aggregate of fifteen feet for Lot 32 of VTSM 8982);

G.

Minimum rear yard setback: Twenty feet (zero feet for Lot 31 and ten feet for Lot 32 of VTSM 8982); H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty-five percent for single-story units, providing that a minimum of thirty-five percent of the total number of lots have single-story units, otherwise the maximum lot coverage shall be forty percent; forty percent for two-story units;

J.

Corner lot fence setback: Five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of the Municipal Code.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot area: One acre;

B.

Minimum lot width: One hundred forty feet except as provided for in subsection (F)(1);

C.

Minimum front yard: Twenty feet;

D.

Minimum side yards: Twenty feet, except as provided in subsection (F)(2);

E.

Minimum rear yard: Forty feet;

F.

Exceptions:

1.

Cul-de-sac lots shall have a width of not less than one hundred feet measured thirty feet from the front property line and no less than sixty-foot width at the front property line,

2.

Corner lots shall maintain a side yard on the street of twenty-five feet;

Maximum building height: No accessory or main building shall exceed a height of two stories and thirty-five feet.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot area: Eight thousand square feet;

B.

Minimum lot width: Seventy feet except as provided for in subsection (F)(1).;

C.

Minimum front yard: Twenty feet;

D.

Minimum side yards: Seven feet, the sum of both sides, twenty feet, except as provided subsection (F)(2).; E.

Minimum rear yard: Twenty feet;

F.

Exceptions:

1.

Cul-de-sac lots shall have a width of not less than seventy feet measured thirty feet from the front property line,

2.

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

G.

Maximum building height: No main building shall exceed a height of two stories and thirty feet; H.

An open-space buffer of eighty feet shall be established along the southern extents of the subarea adjacent to Sand Creek Channel to provide for rehabilitation and restoration of the creek. (Ord. 857 § 2, 2008)

A.

Design and site development review shall be required for all housing developments within PD-35 pursuant Chapters 17.100 and 17.800 of this title.

B.

Where possible, the architect shall mix hip and gable roof forms. Where lots back up to major thoroughfares, rear yard architectural elevations should be designed with enhanced window trim and other features such as balconies, second story bay windows and second story bedroom popouts to provide greater articulation and variety to the rear elevation. Fifty percent of the lots adjacent to arterial thoroughfares shall be single story plans. Structures taller than one story should be designed on wider and/or deeper lots with greater setbacks, developed facing the thoroughfare off a frontage road, or designed in such a manner as to resemble a onestory profile. Deviations from these suggested alternatives will require special consideration. (Ord. 857 § 2, 2008)

A.

Architectural features (such as cornices, eaves, bay windows and fireplaces) measuring two feet by five feet or less may project into any required setback. Any architectural feature greater than two feet by five feet may not project into any required setback. No portion of the house shall be less than ten feet from the front property line.

B.

The landscaping for PD-35 shall promptly comply with the regulations contained in the city of Brentwood Municipal Code Chapter 17.630 entitled "Landscaping and Screening" and/or as approved as a part of PD35. Required landscape plans shall be prepared and submitted with each tract map application within the zone.

C.

The design of the subdivision entryway shall consist of a combination of signage, landscaping, lighting, monumentation, hardscape and other materials. This subdivision entryway design shall be reviewed and approved by the planning commission.

D.

All developer-provided front yard landscaping shall be installed with water conserving materials, as per applicable water conservation ordinances. Landscape and irrigation plans for each typical lot shall be submitted with each tract map application.

E.

PD-35 shall contain park areas within or near its boundaries as designed by the park and recreation master plan. Open space areas may be required to be offered for dedication as part of the public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, approved by the city, sufficient to assure the maintenance and preservation of such a space whatever purpose it is intended. Covenants or other legal arrangements shall specify: the ownership of the open space; method of maintenance; responsibility for maintenance; taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the city council; and any other specification deemed necessary by the city.

F.

Open space consistent with the commons theme shall be provided as an integral part of PD-35. Open space shall be eight to ten percent of the acreage for the entire PD-35 area and shall include landscape medians; expanded frontage and parkway landscape, trails/pathways and the linear open space/commons connecting the neighborhood parks.

G.

Permitted uses in the park and open space areas include: public parks and facilities, restrooms, playing fields, parking, playgrounds, drainage channels, greenbelt areas which are formed by land development, pedestrian and/or bicycle trails, access for maintenance/emergency vehicles, and neighborhood open space/commons.

H.

The properties included in PD-35 shall provide for a five-acre passive neighborhood park area, the payment of "in-lieu" fees, or a combination thereof, is required by the city's general plan. The park area shall consist of one five-acre neighborhood park as required by the city of Brentwood and the park and recreation master plan.

I.

Off-street parking shall be provided pursuant to Section 17.620 of this title. Where it is possible garages on corner lots shall be able to have their garage entries oriented to the side street, providing that the garage door is set back twenty feet from the property line.

J.

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

K.

Except as otherwise specified in regulations within this document, development of the PD-35 zone shall be in accordance with existing city standards as contained in the Brentwood Municipal Code.

L.

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

A minimum of ten percent of the lots shall have side-loading garages.

N.

A minimum of twenty-five percent of the lots shall have single-story units. O.

Fifty percent of the corner lots shall have single-story units. (Ord. 857 § 2, 2008) A.

Parking. Off-street parking shall be provided in accordance with Chapter 17.620 of this title. B.

Development Standards. The uses within the PD-35 subarea "B" zone shall comply with Section 17.200.003. of this title.

C.

Performance Standards. The uses within the PD-35 subarea "B" zone shall comply with Section 17.200.004. of this title.

D.

Signs. All signage for uses within the PD-35 subarea "B" zone shall be in accordance with Section 17.640 of this title.

(Ord. 857 § 2, 2008)

The agricultural overlay zone is established for a portion of the PD-35 zone. The overlay zone allows certain land uses with limitations per subsections A through D, in addition to the land uses permitted by the PD-35 zone. The area of this overlay zone is defined on the map in Section 17.485.019.

The following uses are permitted within the agricultural overlay zone: for parcels with a minimum lot size of forty thousand square feet, and which had existing agricultural operations at the time of annexation to the

city: agricultural operations; farming; raising, keeping, dairying, poultry raising, animal breeding, and/or livestock production of more than twenty-four fowl, rabbits, other grain fed rodents, or four large livestock, or thirty small livestock; up to an additional two large livestock or fifteen small livestock shall be permitted for every additional twenty thousand square feet of lot area above the forty thousand square foot minimum lot size; aviaries; one single-family dwelling; and other similar uses as determined by the community development director.

B.

The following uses are conditionally permitted within the agricultural overlay zone: for parcels with a minimum lot size of forty thousand square feet, and which had existing agricultural operations at the time of annexation to the city: riding academies; stables; dog kennels (up to twenty dogs); canneries; wineries; agricultural stands; U-pick operations; processing of agricultural products; and other similar uses as determined by the community development director.

C.

The following uses are prohibited within the agricultural overlay zone: slaughterhouses, fertilizer yards, bone yards, rendering plants, or any other industrial use which may be objectionable due to odor, smoke, dust or fumes.

Definitions and Other Regulations. For the purposes of this section, the provisions of Chapter 17.670 shall be applicable to the keeping of animals, except that the number of animals permitted shall be pursuant to subsections A and B, rather than Section 17.670.005(A).

(Ord. 880 § 3, 2010)

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(Ord. 880 § 4, 2010)

==> picture [519 x 651] intentionally omitted <==

(Ord. 892 § 2, 2011)

Chapter 17.486 PD-36 (PLANNED DEVELOPMENT THIRTY-SIX) ZONE (§ 17.486.001 – § 17.486.008)

The authority, purpose and intent for the adoption of the PD-36 (planned development zone thirty-six) zone are as follows:

A.

Authority. The PD-36 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-36 zone is to permit and regulate the orderly development of the area as shown on the development plan and related exhibits in accordance with the Brentwood general plan for mixed-use business park, regional commercial, single-family residential, and open space and recreation uses. The PD-36 zone is divided into five subareas as shown in Section 17.486.008.

C.

Intent. The PD-36 zone is intended to provide a distinguished mixed-use area in conformance with the adopted general plan. The boundaries of the PD-36 zoning district and its subareas are as shown on the map in Section 17.486.008.

(Ord. 857 § 2, 2008)

A.

Permitted Uses for Subarea A.

1.

Business, professional, financial, and medical offices;

2.

Light industrial uses, including by way of example, but not limited to, computer software and biotechnology companies, medical supply companies, medical, dental, and optical laboratories, and warehouses (distribution and wholesale);

3.

Research and development facilities;

4.

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

5.

Uses that manufacture their primary product on the premises, such as a drapery shop, cabinet shop, or upholstery shop, including ancillary retail sale of these products;

6.

General retail sales less than seventy-five thousand square feet in gross floor area, including food service, that do not exceed ten percent of the respective building area;

Financial institutions;

8.

Commercial services, including by way of example, but not limited to, barber and beauty shops, laundry and dry cleaning facilities, copying and printing facilities, electronic repair facilities, small equipment rental and repair, technology access and telecommuting centers, messenger and stenographic services, and travel agencies;

Other similar uses as determined by the community development director.

B.

Conditionally Permitted Uses for Subarea A.

1.

Public and quasi-public uses such as hospitals, convalescent hospitals, and business and technical schools;

2.

Health clubs;

3.

Bars and lounges;

4.

Industrial uses that would have a moderate to high impact on surrounding uses, including by way of example, but not limited to, metal fabrication, machine shops, and welding shops;

5.

Conference facilities, meeting halls, and similar uses;

6.

Outdoor storage yards or outdoor industrial yards;

7.

Restaurants, excluding drive-throughs, subject to a parking analysis indicating current development and the availability of parking;

8.

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 completely within an enclosed building;

9.

On-or off-site alcohol sales;

10.

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

11.

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 process.

C.

General Development Standards for Subarea A.

1.

Minimum lot area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand square feet;

2.

Minimum lot width: One hundred feet;

3.

Minimum lot depth: One hundred feet;

4.

All development shall comply with Chapter 17.200 of this title;

5.

All development shall comply with the adopted city of Brentwood design guidelines;

All lighting shall incorporate cut-off designs, and shall be included in details submitted with formal development plans;

7.

Formal development plans shall include, as part of any application and to the satisfaction of the community development director, a photomontage of existing and proposed conditions;

8.

Appropriate city entry signage shall be designed and submitted in conjunction with formal development plans to the satisfaction of the community development director;

9.

Maximum building height: Four stories, not to exceed sixty feet;

Building setbacks:

a.

Sand Creek Road: Thirty feet from right-of-way,

b.

Brentwood/Antioch city limit line: Fifty feet,

c.

Sand Creek: Sixty feet from top of bank,

d.

State Route 4 Bypass: Fifty feet,

e.

Public street frontage: Thirty feet,

f.

Interior property lines: Ten feet and clear of any utility easements;

11.

All pavement, hardscape, or any other impervious surfaces shall be set back a minimum of sixty feet from the top of the creek bank;

12.

These development standards shall promote, and not limit or restrict, future restoration and/or enhancement efforts of Sand Creek, in accordance with the city's general plan, the municipal code, the master plan for trails, parks, and recreation, and the Brentwood Creek trails and revegetation master plan. (Ord. 857 § 2, 2008; Ord. 899 § 3, 2012)

A.

Permitted Uses for Subarea B.

1.

Large-scale regional retail sales uses less than seventy-five thousand square feet in gross floor area, including by way of example, but not limited to, big-box stores, factory outlets, discount and similar retail uses requiring or best suited for operation within a warehouse-type facility; large department stores; largescale general merchandise, sporting goods, home furnishings, home improvement and building materials (with or without lumber sales), home appliances, nursery, garden supply, hardware, electronics, office supply, and off-sale liquor sales stores; large-scale book, video, music, and toy stores; large-scale pet and pet supply stores, including on-site veterinary clinics (excluding kennels); and large-scale automobile, motorcycle, recreational vehicle, and boat parts and accessory stores;

2.

Temporary outdoor display and/or sale of merchandise on sidewalks that front buildings, subject to Chapter 17.850 of this title. Sales and display areas are to cover no more than fifty percent of the sidewalk area in front of a user's building or unit, and are to be maintained in an attractive, neat, and clean appearance;

3.

General retail sales less than seventy-five thousand square feet in gross floor area, including by way of example, but not limited to, junior department stores; supermarkets; drugstores; general merchandise, sporting goods, home furnishings, home improvement, home appliance, nursery, garden supply, hardware, electronics, office supply and off-sale liquor sales stores; book, video, music, and toy stores; pet and pet supply stores, including on-site veterinary clinics (excluding kennels); and automobile, motorcycle, recreational vehicle, and boat parts and accessory stores;

4.

Specialty merchandise and convenience sales, including by way of example, but not limited to, specialty foods, delicatessen, bakery, pastry, candy, ice cream, butcher, meat market, wine, tobacco, apparel and accessory, jewelry, cosmetics, gift, stationery, shoe, kitchenware, hobby and specialty interest stores;

Video arcades; bowling alleys; and skating rinks;

6.

Commercial services, including by way of example, but not limited to, barber and beauty shops; electronic, appliance, watch and clock repair; small equipment rental and repair; technology and telecommuting centers; addressing and mailing service; blueprinting, photostatting, and desktop publishing service; drafting, messenger, answering, and stenographic service; telegraph office; private postal box service; and travel agency;

7.

Financial institutions;

8.

Business, professional, financial, and medical offices, including by way of example, but not limited to, largescale single and/or multi-tenant office uses;

9.

Studios and instructional facilities, such as dance studios, music studios, or similar establishments; 10.

Health clubs, subject to a plan indicating current development and the availability of parking, to the satisfaction of the community development director;

Restaurants, excluding drive-throughs;

12.

Other similar uses as determined by the community development director.

Conditionally Permitted Uses for Subarea B.

1.

Liquor stores, bars, lounges (subject to Chapter 17.695), and drive-through restaurants (subject to Chapter 17.655);

2.

New or used car, boat, or recreational vehicle sales;

Hotels and motels;

Conference facilities, meeting halls, and similar uses;

5.

Veterinary facilities, including kennels;

6.

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

7.

C.

General Development Standards for Subarea B.

1.

Minimum lot area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand square feet;

2.

Minimum lot width: One hundred feet;

3.

Minimum lot depth: One hundred feet;

4.

All development shall comply with Chapter 17.200 of the Municipal Code;

5.

All development shall comply with the adopted city of Brentwood design guidelines;

6.

All lighting shall incorporate cut-off designs, and shall be included in details submitted with formal development plans;

7.

Formal development plans shall include, as part of any application and to the satisfaction of the community development director, a photomontage of existing and proposed conditions;

8.

Maximum building height: Three stories, not to exceed forty-five feet;

9.

Building setbacks:

a.

Sand Creek Road: Thirty feet from right-of-way,

b.

State Route 4 Bypass: Fifty feet from right-of-way,

c.

Sand Creek: Sixty feet from top of bank,

d.

Public street frontage: Thirty feet,

e.

Interior property lines: Ten feet and clear of any utility easements;

All pavement, hardscape, or any other impervious surfaces shall be set back a minimum of sixty feet from the top of the creek bank;

11.

A.

Permitted Uses for Subarea C.

1.

Those uses permitted under the R-1 zone, Section 17.130.002.

Conditionally Permitted Uses for Subarea C.

1.

Those uses permitted under the R-1 zone, Section 17.130.003.

General Development Standards for Subarea C.

1.

Minimum lot size: Five thousand square feet;

2.

Minimum lot width: Fifty feet;

3.

Minimum lot frontage: Thirty-five feet at the front property line for lots on culs-de-sac, knuckles, or curvilinear streets;

4.

Minimum front yard setback: Twenty feet for front-facing garages; fifteen feet for building walls and porches; 5.

Minimum side yard setback: Five feet, with the sum of both sides twelve feet; corner lots shall maintain a minimum setback of ten feet on the street side yard;

6.

Minimum rear yard setback: Fifteen feet, with an average of twenty feet;

7.

Maximum building height: Two stories, not to exceed thirty feet;

8.

Corner lot fence setback: Five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of this title;

9.

Lots adjacent to open space shall utilize a six-foot high open space fence along the common property line(s), as approved through VTSM 8506;

10.

Accessory structures shall be prohibited in side or rear yards for areas exceeding a 3:1 slope;

11.

Maximum lot coverage: Forty percent for two-story homes and forty-five percent for single-story homes; 12.

Maximum number of primary dwelling units: One hundred twenty-four.

(Ord. 857 § 2, 2008)

A.

Permitted Uses for Subarea D.

1.

Those uses permitted under the R-l zone, Section 17.130.002.

Conditionally Permitted Uses for Subarea D.

1.

Those uses permitted under the R-l zone, Section 17.130.003.

General Development Standards for Subarea D.

1.

Minimum lot size: Ten thousand square feet;

2.

Minimum lot width: Ninety feet;

3.

Minimum lot frontage: Forty-five feet at the front property line for lots on culs-de-sac, knuckles, or curvilinear streets;

4.

Minimum front yard setback: Twenty feet for front-facing garages; fifteen feet for building walls and porches;

5.

Minimum side yard setback: Five feet, with the sum of both sides fifteen feet; corner lots shall maintain a minimum setback of ten feet on the street side yard.

6.

Minimum rear yard setback: Fifteen feet, with an average of twenty feet.

7.

Maximum building height: Two stories, not to exceed thirty feet; except that the ten lots referenced on the approved residential site plan with Model 11 shall not exceed thirty-three and one-half feet;

8.

Corner lot fence setback: five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of this title;

9.

Lots adjacent to open space shall utilize a six-foot-high open space fence along the common property line(s), as approved through VTSM 8506;

10.

Accessory structures shall be prohibited in side or rear yards for areas exceeding a 3:1 slope;

11.

Maximum lot coverage: Forty percent for two-story homes and forty-five percent for single-story homes; 12.

Maximum number of primary dwelling units: Forty-two. (Ord. 857 § 2, 2008)

Permitted Uses in Subarea E.

1.

Active and passive public recreational areas including any structures incidental to such use;

Public or quasi-public rights-of-way for utility, irrigation, drainage, or similar areas utilized for or having the potential to be utilized for linear trails, bicycle, pedestrian or horse trails and similar uses;

3.

Open space as a reserve for fire protection, seismic safety, water conservation, protection of view, or similar appropriate purposes;

4.

Parks, playgrounds, and recreational trails;

5.

Conservation easements for wetland and habitat preservation and mitigation related to development of SPA E.

B.

Conditionally Permitted Uses in Subarea E.

1.

2.

Any commercial use which may be conducted on open space land without substantially detracting from its value as open space such as golf courses, riding academies or stables, tennis or swim clubs, and similar recreational-related uses of a predominantly open nature.

C.

General Development Standards in Subarea E.

1.

All uses are subject to the design and site development review procedures established in Chapter 17.820.

The setback, building height, parking, and other design and performance criteria shall be established at the time of the proposed development and in accordance with any development standards established by resolution for the type of use proposed.

(Ord. 857 § 2, 2008)

A.

Off-street parking, unless otherwise specifically addressed in this chapter, shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H).

B.

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

C.

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

D.

All signage for subareas A and B shall be in accordance with an approved master sign program.

E.

The development of the PD-36 zone shall be substantially in accordance with the various approved plans for each subarea.

(Ord. 857 § 2, 2008)

==> picture [519 x 640] intentionally omitted <==

(Ord. 960 § 16, 2015)

Chapter 17.487 PD-37 (PLANNED DEVELOPMENT THIRTY-SEVEN) ZONE (§ 17.487.001 – § 17.487.005)

The authority, purpose, and intent for the adoption of the PD-37 (planned development number thirty-seven) zone are as follows:

A.

Authority. This 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-37 zone is to permit and regulate the orderly development of 9.84 acres located generally east of O'Hara Avenue, west of Adams Lane, and south of the future extension of Big Basin Drive with low density residential uses in accordance with the Brentwood General Plan.

C.

Intent. The intent of creating the PD-37 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties. The boundaries of the PD-37 zoning district are as shown on the map in Section 17.487.005.

(Ord. 939 § 2, 2015)

The following uses are permitted in the PD-37 zone:

Those permitted under the R-1 zoning district in Title 17.

(Ord. 939 § 2, 2015)

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted:

A.

Those uses conditionally permitted under the R-1 zoning district in Title 17.

(Ord. 939 § 2, 2015)

All permitted and conditionally permitted uses developed within the PD-37 zone shall comply with the following regulations:

A.

Minimum lot size: Eight thousand square feet;

B.

Minimum lot width: Sixty-five feet;

C.

Minimum lot width on curvilinear streets and knuckles shall be measured thirty feet from the front property line;

D.

Minimum lot depth: One hundred ten feet;

E.

Minimum lot frontage: Forty-five feet;

F.

Minimum front yard: Twenty feet to any street-facing garage, fifteen feet to the wall of any living space or the wall of a turned garage;

G.

Minimum side yard: Five feet with an aggregate setback of fifteen feet and all corner lots must maintain a street-side side yard setback of ten feet;

Minimum rear yard: Twenty feet;

I.

Maximum building height: Thirty feet and two stories;

J.

Maximum lot coverage: Forty-five percent for single-story units and forty percent for two-story units;

K.

Corner lot fence setback: Five feet from the street-side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of this title;

L.

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

Side loading garage: Ten percent of the lots shall have side-loading garages;

N.

A minimum of twenty-five percent of the lots shall have single-story units; O.

A minimum of fifty percent of corner lots shall have single-story units.

(Ord. 939 § 2, 2015)

==> picture [519 x 652] intentionally omitted <==

(Ord. 939 § 2, 2015)

Chapter 17.488 PD-38 (PLANNED DEVELOPMENT THIRTY-EIGHT) ZONE (§ 17.488.001 – § 17.488.019)

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.

I.

(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)

Chapter 17.489 PD-39 (PLANNED DEVELOPMENT THIRTY-NINE) ZONE (§ 17.489.001 – § 17.489.006)

The authority, purpose and intent for the adoption of the PD-39 (planned development thirty-nine) zone are as follows:

A.

Authority. The PD-39 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations, of this title.

B.

Purpose. The purpose of the PD-39 zone is to permit and regulate the orderly development of approximately one hundred twelve acres located between Lone Tree Way and Grant Street, just east of O'Hara Avenue, with a combination of very low and low density residential uses in accordance with the Brentwood general plan, for a maximum of two hundred forty lots and thirteen remainder parcels, including parks and a trail system.

C.

Intent. The intent of creating the PD-39 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent areas, while providing for needed housing. The boundary of the PD39 zoning district is as shown on the map in Section 17.489.006.

(Ord. 857 § 2, 2008)

The following uses are permitted in the PD-39 zone:

A.

Single-family dwelling units not exceeding a density of 2.14 units per gross acre, for a maximum of two hundred forty primary units;

B.

Parks, playgrounds and recreational trails;

C.

Those uses permitted under the R-1 zoning district in Title 17.

(Ord. 857 § 2, 2008)

The following uses are conditionally permitted in the PD-39 zone:

A.

Those uses conditionally permitted under the R-1 zoning district in Title 17. (Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses developed within the PD-39 zone shall comply with the following regulations:

A.

Subarea A. The Executives.

1.

Minimum lot area: Ten thousand square feet;

2.

Minimum lot width: Eighty-five feet;

3.

Minimum lot depth: One hundred ten feet;

4.

Minimum lot frontage: Thirty feet for lots on culs-de-sac, knuckles or curvilinear streets at the front property line;

Minimum front yard setback: Twenty-five feet (twenty feet for porches);

6.

Minimum side yard setback: Ten feet (five feet for detached and semi-detached garages and porte cocheres);

7.

Minimum rear yard setback: Twenty feet;

8.

Maximum building height: Two stories, not to exceed thirty feet;

9.

Maximum lot coverage: Forty percent;

10.

Corner lot fence setback: Five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of this title;

11.

Maximum number of primary dwelling units: Eighty-five.

B.

Subarea B. The Estates.

1.

Minimum lot area: Fourteen thousand square feet; 2. Minimum lot width: Ninety-five feet;

3.

Minimum lot depth: One hundred thirty feet;

4.

Minimum lot frontage: Thirty feet for lots on culs-de-sac, knuckles or curvilinear streets at the front property line;

5.

Minimum front yard setback: Twenty-five feet (twenty feet for porches);

6.

Minimum side yard setback: Ten feet (five feet for detached and semi-detached garages and porte cocheres); 7.

Minimum rear yard setback: Twenty feet;

8.

Maximum building height: Two stories, not to exceed thirty-five feet;

9.

Maximum lot coverage: Forty percent;

10.

Corner lot fence setback: Five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of this title;

11.

Maximum number of primary dwelling units: One hundred forty-five. C.

Subarea C. Density Transition.

1.

Minimum lot area: Twenty thousand square feet;

Minimum lot width: Ninety feet;

3.

Minimum lot depth: One hundred twenty feet;

4.

Minimum lot frontage: Eighty-five feet for lots on culs-de-sac, knuckles or curvilinear streets at the front property line;

5.

Minimum front yard setback: Twenty-five feet (twenty feet for porches);

6.

Minimum side yard setback: Ten feet (five feet for detached and semi-detached garages and porte cocheres); 7.

Minimum rear yard setback: Twenty feet; 8. Maximum building height: Two stories, not to exceed thirty-five feet;

9.

Maximum lot coverage: Forty percent;

10.

Corner lot fence setback: Five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of this title;

Maximum number of primary dwelling units: Ten. (Ord. 857 § 2, 2008)

A.

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

Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H) of this title. C.

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

D.

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

E.

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

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

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:

	6:01 a.m.—9:59 p.m.	10:00 p.m.—6:00 a.m.
Industrial and warehouse	75 dBA	65 dBA
Retail, commercial, ofce, schools	65 dBA	65 dBA

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.

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.

Solid and Liquid Waste.

1.

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.

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. (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)

Chapter 17.491 PD-41 (PLANNED DEVELOPMENT FORTY-ONE) ZONE (§ 17.491.001 – § 17.491.006)

The authority, purpose and intent for the adoption of the PD-41 (planned development forty-one) zone are as follows:

A.

Authority. The PD-41 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-41 zone is to permit and regulate the orderly development of 5.09 acres located at the southeast corner of Lone Tree Way and the realigned Fairview Avenue with those general commercial uses typically permitted in the C-1 zone, and those other uses found to be appropriate for this site pursuant to the approval of conditional use permit No. 01-24, including a gas station and car wash, in accordance with the Brentwood general plan.

C.

Intent. It is intended that in order to achieve the purpose of the PD-41 zone of implementing a cohesive, mixed-use development in conformance with the Brentwood general plan, the zone shall be divided into four subareas as geographically designated on the development plan and related exhibits, and as further described below. It is further intended that the creation of the PD-41 zone will ensure the coordinated development of the entire property in order to 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-41 zoning district and its subareas are as shown on the map in Section 17.491.006.

1.

Subarea A consists of approximately 1.14 acres intended for the development of a gas station and convenience store, including a limited seating restaurant and an accessory drive-thru. 2.

Subarea B consists of approximately 1.75 acres intended for the development of retail, restaurant, and office uses.

3.

Subarea C consists of approximately 1.13 acres intended for the development of a full-service mechanical car wash and detail shop.

4.

Subarea D consists of approximately 1.08 acres intended for the development of retail and restaurant uses. (Ord. 857 § 2, 2008)

A.

Subarea A. The following uses shall be permitted within this subarea:

1.

Those uses permitted in the C-1 zone;

2.

Convenience retail uses such as bakeries, pastry shops, bookstores, candy stores, florists, newsstands, stationery/gift shops, ice cream parlors, mini-marts, supermarkets, drugstores, and similar uses;

3.

Service uses such as laundromats, dry cleaners, shoe repair, beauty shops, barbershops, and similar uses;

Financial institutions;

5.

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

B.

Subarea B. The following uses shall be permitted within this subarea:

1.

Those uses permitted in the C-1 zone;

2.

Convenience retail uses such as bakeries, pastry shops, bookstores, candy stores, florists, newsstands, stationery/gift shops, ice cream parlors, supermarkets, drugstores, and similar uses;

3.

Services such as laundromats, dry cleaners, shoe repair, beauty shops, barbershops, and similar uses; 4.

Financial institutions;

5.

Offices;

6.

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

Subarea C. The following uses shall be permitted within this subarea:

1.

Those uses permitted in the C-1 zone;

2.

Convenience retail uses such as bakeries, pastry shops, bookstores, candy stores, florists, newsstands, stationery/gift shops, ice cream parlors, supermarkets, drugstores, and similar uses; 3.

Services such as laundromats, dry cleaners, shoe repair, beauty shops, barbershops, and similar uses; 4.

(Reserved);

5.

Financial institutions;

6.

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

Subarea D. The following uses shall be permitted within this subarea:

1.

Those uses permitted in the C-1 zone;

2.

Convenience retail uses such as bakeries, pastry shops, bookstores, candy stores, florists, newsstands, stationery/gift shops, ice cream parlors, supermarkets, drugstores, and similar uses;

3.

Services such as laundromats, dry cleaners, shoe repair, beauty shops, barbershops, and similar uses; 4.

Financial institutions;

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

(Ord. 857 § 2, 2008; Ord. 1078, 12/10/2024)

A.

Subarea A. The following uses shall be conditionally permitted within this subarea:

1.

Those uses conditionally permitted in the C-1 zone and by CUP 01-24 (approved by the city council on October 22, 2002);

2.

Auto service stations or gas stations and alternative fuel stations;

3.

Off-sale liquor establishments;

4.

Restaurants, limited to a maximum of 20 seats, with or without drive-through facilities (subject to Chapter 17.655);

5.

Nurseries, child care centers, or day care centers;

6.

Meeting halls, fraternal halls, or community centers;

7.

Similar uses subject to the approval of the planning commission. B.

Subarea B. The following uses shall be conditionally permitted within this subarea: 1.

Those uses conditionally permitted in the C-1 zone and by CUP 01-24 (approved by the city council on October 22, 2002);

2.

Nurseries, child care centers, or day care centers;

3.

Meeting halls, fraternal halls, or community centers;

4.

Restaurants, limited to no more than seven thousand five hundred square feet when combined with those in subareas C and D;

5.

On or off-sale liquor establishments;

6.

Similar uses subject to the approval of the planning commission.

C.

Subarea C. The following uses shall be conditionally permitted within this subarea: 1.

Those uses conditionally permitted in the C-1 zone and by CUP 01-24 (approved by the city council on October 22, 2002), except that car washes are permitted by right per Section 17.492.002(C);

Restaurants, limited to no more than seven thousand five hundred square feet when combined with those in subareas B and D;

Nurseries, child care centers, or day care centers;

4.

Meeting halls, fraternal halls, or community centers;

5.

On or off-sale liquor establishments;

6.

Similar uses subject to the approval of the planning commission.

D.

Subarea D. The following uses shall be conditionally permitted within this subarea:

1.

Those uses conditionally permitted in the C-1 zone and by CUP 01-24 (approved by the city council on October 22, 2002);

2.

Nurseries, child care centers, or day care centers;

3.

Meeting halls, fraternal halls, or community centers;

4.

Restaurants, limited to no more than seven thousand five hundred square feet when combined with those in subareas B and C;

5.

On-or off-sale liquor establishments;

6.

Similar uses subject to the approval of the planning commission.

(Ord. 857 § 2, 2008; Ord. 1078, 12/10/2024; Ord. 1089, 10/14/2025)

All permitted and conditionally permitted uses developed within the PD-41 zone shall comply with the following regulations:

A.

Minimum lot area: Five acres, 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 fifty feet. B.

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

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

D.

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

E.

Maximum building height: The maximum height of all structures in the PD-41 zone shall be two stories not to exceed thirty feet.

(Ord. 857 § 2, 2008)

Parking. Off-street parking shall be provided in accordance with Chapter 17.620 of the Brentwood Municipal Code, except that the number of spaces (two hundred twenty-nine) to be provided for the entire PD site shall be consistent with the site plan approved by the city council on October 22, 2002, in accordance with conditional use permit No. 01-24.

B.

Development Standards. The uses within the PD-41 zone shall comply with Section 17.200.003 of the Brentwood Municipal Code.

C.

Performance Standards. The uses within the PD-41 zone shall comply with Section 17.200.004 of the Brentwood Municipal Code.

D.

Signs. All signage for uses within the PD-41 zone shall be in accordance with the master sign program, as approved by the city of Brentwood planning commission and/or city council.

E.

Prior Approvals. All conditional use permits including design reviews previously approved by the city council for the subject site shall run with the land, and those permits shall continue to be valid subsequent to city council adoption of this PD-41 zone.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)
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Chapter 17.492 PD-42 (PLANNED DEVELOPMENT NO. 42) ZONE (§ 17.492.001 – § 17.492.008)

The authority, purpose and intent for the adoption of the PD-42 (planned development forty-two) zone are as follows:

A.

Authority. PD-42 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-42 zone is to permit and regulate the development of the Gregory Ranch 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 multifamily residential, office, commercial retail, hotel, restaurant, business, self-storage, and light industrial uses.

C.

Intent. It is intended that in order to achieve the purpose of the PD-42 zone of implementing a cohesive, mixed-use development in conformance with the Brentwood general plan, the zone shall be divided into nine subareas as geographically designated in Section 17.492.008 and as further described below. The primary character of the area is intended to be a mix of multifamily residential, light industrial, and offices to accommodate the dynamic flex-tech market, as well as hotel, restaurant, and ancillary commercial, retail, and self-storage uses related to major thoroughfares.

1.

Subarea A consists of approximately 2.98 gross acres intended for the development of approximately sixtyfive thousand square feet of new technology self-storage to serve both the employment uses being developed in the vicinity, as well as the growing residential uses in the region that require self-storage.

2.

Subarea B consists of approximately one-half gross acre intended for the development of approximately six thousand square feet of future office, convenience retail, and similar compatible uses to serve the needs of the Brentwood community.

3.

Subarea C consists of approximately three gross acres intended for the development of commercial uses typically associated with thoroughfares such as hotels, restaurants, auto service stations, drivein/drivethrough establishments, and the like.

4.

Subarea D consists of approximately ten gross acres intended for the development of a multifamily, residential community of a maximum of one hundred twenty units.

5.

Subarea E consists of approximately 1.1 acres intended for the development of future office, leasing office, commercial service, convenience retail, and similar compatible uses to serve the needs of the adjacent multifamily-community as well as the needs of the surrounding employment area.

6.

Subarea F consists of approximately 8.75 gross acres intended for the development of an approximately one hundred thousand square foot industrial warehouse, office, flex-space, and business center to serve the untapped needs of the Brentwood community. This business center will provide for the development of

industrial, office, and flex-space for potential users and user owners that would provide employment and services to the community.

7.

Subarea G consists of approximately 3.17 gross acres with uses to be determined by subsequent planned development amendment.

8.

Subarea H consists of approximately 74.77 gross acres with uses to be determined by subsequent planned development amendment.

9.

Subarea I consists of approximately 22.2 gross acres with uses to be determined by subsequent planned development amendment.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

The following uses are permitted within the PD-42 zone:

A.

Subarea A. The following uses shall be permitted within this subarea:

1.

Commercial uses for the rental or sale of packing and moving of related items;

2.

Commercial uses for the operation of a postal box rental facility.

Subarea B. The following uses shall be permitted within this subarea:

1.

Medical and dental offices and/or laboratories;

2.

Nursery, child care and day care centers;

3.

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

4.

Stock brokerages, mortgage and real estate companies, credit union offices, and financial institutions;

5.

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

6.

Commercial uses or services such as beauty shop, barbershop, photo studio, convenience retail uses or services such as a bakery, pastry shop, bookstore, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques;

7.

Addressing and mailing service, blueprinting, photostatting, and/or photocopying services (other than a printer or lithographer), drafting service, messenger service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices;

8.

General retail sales, excluding uses with outdoor storage or display;

Other retail uses subject to the approval of the community development director provided they are not conditionally approved uses or prohibited by this chapter.

C.

Subarea C. The following uses shall be permitted within this subarea:

1.

Commercial uses or services such as beauty shop, barbershop, photo studio, convenience retail uses or services such as a bakery, pastry shop, bookstore, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques;

2.

General retail sales, excluding uses with outdoor storage or display;

3.

Other retail uses subject to the approval of the community development director provided they are not conditionally approved uses or prohibited by this chapter.

D.

Subarea D. The following uses shall be permitted within this subarea:

1.

Duplex, triplex, apartments, and other small multifamily structures; townhouses and single-family, attached or detached homes; all not exceeding a density of twelve dwellings per gross acre;

2.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

3.

Nursery, child care and day care centers;

4.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

5.

E.

Subarea E. The following uses shall be permitted within this subarea:

1.

Medical and dental offices and/or laboratories up to a maximum of thirty-three percent of the building's square footage;

2.

Public and quasi-public uses appropriate with the area;

3.

Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, stock brokerages, mortgage and real estate sales and leasing companies, credit union offices, banks and savings and loan companies, and other professional and general business offices;

4.

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

5.

Commercial uses or services such as beauty shop, barbershop, photo studio, convenience retail uses or services such as a bakery, pastry shop, bookstore, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques;

6.

7.

General retail sales, excluding uses with outdoor storage or display;

8.

Other retail uses subject to the approval of the community development director provided they are not conditionally approved uses or prohibited by this chapter.

F.

Subarea F. The following uses shall be permitted within this subarea:

1.

Medical and dental offices and/or laboratories. Within the project identified as Design Review 05-15, Gregory Ranch Office Condominiums, this use is restricted to Building A only;

2.

Nursery, child care and day care centers;

3.

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

4.

Stock brokerages, mortgage and real estate companies, credit union offices, and financial institutions;

5.

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

6.

Commercial uses which may or may not manufacture their primary product on the premises, such as drapery shops, cabinet shops, upholstery shops, and similar uses;

7.

Commercial uses or services such as beauty shop, barbershop, photo studio, convenience retail uses or services such as a bakery, pastry shop, bookstore, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques;

8.

9.

General retail sales, excluding uses with outdoor storage or display; 10.

Office uses which are supplementary to any industrial, business, or commercial uses permitted in the zone; 11.

Other retail uses subject to the approval of the community development director provided they are not conditionally approved uses or prohibited by this chapter.

G.

Subarea G. Permitted uses for this subarea shall be determined by subsequent planned development amendment.

H.

Subarea H. Permitted uses for this subarea shall be determined by subsequent planned development amendment.

I.

Subarea I. Permitted uses for this subarea shall be determined by subsequent planned development amendment.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1084, 3/11/2025)

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-42 zone:

A.

Subarea A. The following uses shall be conditionally permitted within this subarea:

1.

Self-storage facilities which may or may not include an on-site resident unit (subject to Chapter 17.755);

2.

Other uses that the community development director 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.

B.

Subarea B. The following uses shall be conditionally permitted within this subarea:

1.

Sit-down restaurants, cafés, delicatessens and sports bars;

On-site sale liquor establishments;

3.

Billiard halls, skating rinks and similar recreational facilities;

4.

Funeral service facilities and mortuaries;

5.

C.

Subarea C. The following uses shall be conditionally permitted within this subarea: 1.

Health clubs, reducing studios, recreational clubs, and similar recreational uses;

Sit-down restaurants, cafés, delicatessens, and sports bars;

On-site sale liquor establishments;

Hotels;

5.

Gasoline service stations and/or car washes and alternative fuel stations;

6.

Drive-up or drive-through establishments of any type or use (subject to Chapter 17.655);

7.

D.

Subarea D. The following uses shall be conditionally permitted within this subarea: uses that the community development director 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.

E.

Subarea E. The following uses shall be conditionally permitted within this subarea:

1.

Sit-down restaurants, cafés, delicatessens, and sports bars;

2.

On-site sale liquor establishments;

3.

Nursery, childcare or day care uses;

4.

Business, technical, vocational, and trade schools;

5.

Health clubs, reducing studios, swimming pools, tennis courts, bocce ball courts, gymnasiums, recreational clubs, and similar recreational uses and facilities;

6.

F.

Subarea F. The following uses shall be conditionally permitted within this subarea:

1.

Public and quasi-public uses necessary and appropriate;

2.

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;

3.

Churches as temporary uses in existing buildings;

4.

Health clubs, reducing studios, recreational clubs, and similar recreational uses; 5.

Sit-down restaurants, cafés, delicatessens, and sports bars;

On-site sale liquor establishments;

7.

All uses that, as a necessity of their business, require outdoor sales and/or displays, including new and used car, boat, or other vehicles sales;

8.

Light metal fabrication, machine shops, and similar uses;

9.

Light industrial uses which generate minimal noise, odor, smoke, waste material, and similar items which may negatively impact the environment. Such uses include, but are not limited to, small assembly plants, printing establishments, contractors' storage yard, lumber yard, and similar uses;

10.

Business services such as laundry, dry cleaning, automotive repair, or service establishments such as electronic, clock or watch repair, small equipment repair, small welding shop, lumberyard, or similar facilities; 11.

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

12.

G.

Subarea G. Conditionally permitted uses for this subarea shall be determined by subsequent planned development amendment.

H.

Subarea H. Conditionally permitted uses for this subarea shall be determined by subsequent planned development amendment.

I.

Subarea I. Conditionally permitted uses for this subarea shall be determined by subsequent planned development amendment.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1078, 12/10/2024; Ord. 1087, 8/12/2025; Ord. 1089, 10/14/2025)

The following uses are prohibited within the PD-42 zone:

Subarea A. The following uses are prohibited:

Bowling alleys;

2.

Funeral-service facilities and mortuaries;

3.

Gasoline service stations and/or car washes;

4.

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

All uses that, as a necessity of their business, require outdoor sales and/or displays including new and used car, boat or other vehicle sales;

6.

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

7.

Bank, savings and loans and/or financial institutions;

8.

Off-sale liquor;

Motels;

Laundromats.

B.

Subarea B. The following uses are prohibited:

1.

Gasoline service stations and/or car washes;

2.

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

3.

All uses that, as a necessity of their business, require outdoor sales and/or displays including new and used car, boat or other vehicle sales;

4.

Laundromats;

5.

Self-storage facilities; 6. Banks, savings and loans and/or financial institutions;

7.

Motels;

8.

Drive-up or drive-through establishments of any type or use. C. Subarea C. The following uses are prohibited: 1.

Self-storage facilities;

2.

Bowling alleys; 3.

Funeral service facilities and mortuaries;

4.

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

All uses that, as a necessity of their business, require outdoor sales and/or displays including new and used car, boat, or other vehicle sales;

Laundromats;

Motels;

8.

Off-sale liquor.

D.

Subarea D. The following uses are prohibited:

1.

Commercial, retail or service uses.

Subarea E. The following uses are prohibited: 1. Self-storage facilities;

Bowling alleys; 3. Funeral service facilities and mortuaries;

4.

Gasoline service stations and/or car washes;

5.

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

6.

All uses that, as a necessity of their business, require 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.

Motels; 10. Laundromats.

F.

Subarea F. The following uses are prohibited:

1.

Self-storage facilities;

2.

Bowling alleys; 3. Gasoline service stations and/or car washes;

Drive-up or drive-through establishments of any type or use; 5. Off-sale liquor;

Motels;

Laundromats.

G.

Subarea G. Prohibited uses for this subarea shall be determined by subsequent planned development amendment.

H.

Subarea H. Prohibited uses for this subarea shall be determined by subsequent planned development amendment.

I.

Subarea I. Prohibited uses for this subarea shall be determined by subsequent planned development amendment.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020) A. The following regulations shall apply to subarea A of the PD-42 zone: 1. Minimum lot area: Two acres;

2.

Minimum lot width: One hundred feet; 3. Minimum street frontage setback: Eighteen feet; 4. Minimum non-street frontage setback: Zero feet; 5. Maximum building height: Two stories and/or thirty feet.

B.

The following regulations shall apply to subarea C of the PD-42 zone:

1.

Minimum lot area: Three quarters acres;

2.

Minimum lot width: Eighty-nine feet;

3.

Minimum street frontage setback: Ten feet minimum, with an average setback of twenty feet along Brentwood Boulevard, twenty feet minimum on all other street frontages;

Minimum non-street frontage setback: Zero feet; 5. Maximum building height: Three stories and/or forty-five feet. C.

The following regulations shall apply to subarea D of the PD-42 zone:

Minimum lot area: One thousand five hundred square feet; 2. Minimum lot width: Twenty-four feet; 3. Minimum lot depth: Sixty feet; 4. Minimum lot frontage: Twenty-four feet; 5. Minimum front yard: Six feet; exceptions granted for lots with radius curves; 6. Minimum side yard: Zero feet on interior units, and five feet on end units; 7. Minimum rear yard: Ten feet; 8. Maximum lot coverage: Sixty-six percent. D. The following regulations shall apply to subarea E of the PD-42 zone: 1. Minimum lot area: One acre; 2. Minimum street frontage setback: Eighteen feet; 3. Minimum non-street frontage setback: Ten feet; 4. Maximum building height: Two stories and/or thirty feet. E. The following regulations shall apply to subarea F of the PD-42 zone: 1. Minimum lot area: Seventeen thousand five hundred square feet; 2. Minimum lot width: One hundred feet; 3. Minimum lot depth: One hundred twenty feet; 4. Minimum lot frontage: Fifty feet; 5. Minimum street frontage yard: Fifteen feet; 6. Minimum non-street frontage yard: Zero feet; 7.

Maximum building height: three stories and/or forty feet. Structures greater than forty feet may be permitted subject to conditional use permit approval.

Regulations for lot area, yards, height and related matters for subareas B, G, H, and I shall be determined by amendment to these planned development guidelines prior to and/or in conjunction with submittal of a

development plan. G.

Other Regulations.

1.

Advertising Signs. All signs shall be subject to Chapter 17.640.

2.

Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630.

3.

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

4.

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

5.

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

6.

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

7.

8.

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

9.

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

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

All permitted and conditionally permitted uses developed within all subareas shall conform to the performance standards set forth in this section.

A.

Noise.

1.

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

	6:01 a.m.—9:59 p.m.	10:00 p.m.—6:00 a.m.
Industrial and warehouse	75 dBA	65 dBA
Retail, commercial, ofce, schools	65 dBA	65 dBA

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.

B.

Heat, Glare and Humidity.

1.

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

2.

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.

D.

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

E. 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.

H.

Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District.

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.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

The design and site development review procedure contained in Chapter 17.820 shall apply to this planned development.

Modification to Site Plan. The community development director at his or her discretion may make modifications to approved site plans for PD-42 as long as such modifications are consistent with the architectural theme of the approved design review.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

==> picture [519 x 638] intentionally omitted <==

(Ord. 960 § 18, 2015; Ord. 1013 § 2, 2020)

Chapter 17.493 PD-43 (PLANNED DEVELOPMENT FORTY-THREE) ZONE (§ 17.493.001 – § 17.493.008)

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;

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)

==> picture [519 x 720] intentionally omitted <==

(Ord. 857 § 2, 2008)

==> picture [519 x 19] intentionally omitted <==

Chapter 17.494 PD-44 (PLANNED DEVELOPMENT FORTY-FOUR) ZONE (§ 17.494.001 – § 17.494.006)

The authority and purpose for the adoption of the PD-44 (planned development forty-four) zone are as follows.

A.

Authority. The PD-44 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-44 zone is to permit and regulate the development of single-and multifamily attached and detached homes and public uses in accordance with the Brentwood General Plan. (Ord. 857 § 2, 2008; Ord. 930 § 2, 2014) Permitted uses in PD-44 are those uses permitted under Chapter 17.100, Residential Zones. (Ord. 857 § 2, 2008; Ord. 930 § 2, 2014)

Conditionally permitted uses are those uses identified in Section 17.130.003 which are subject to the granting of a conditional use permit by the city.

(Ord. 857 § 2, 2008; Ord. 930 § 2, 2014)

A.

Neighborhood A (El Sol).

1.

Minimum Lot Area. The minimum lot area shall be one thousand five hundred twelve square feet.

2.

Minimum Lot Width. The minimum lot width, as measured at the building line, shall be twenty-eight feet.

3.

Minimum Lot Depth. The minimum lot depth shall be fifty-four feet.

4.

Minimum Front Yard Setback. The standard building setback shall be a minimum of six feet.

5.

Minimum Side Yard Setback. The minimum side yard setback shall be three feet as measured from the property line to the building foundation.

6.

Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of two and one-half feet as measured from the property line to the building foundation.

7.

Projections into Setback Areas. Architectural features such as cornices, eaves, bay windows, fireplace, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code Chapter 17.660, except that in no circumstances shall any portion of the house be less than three feet from the property line.

Setbacks from Sidewalks. Where public sidewalks are located within the confines of a development lot, minimum setbacks shall be measured from the inside of the sidewalk irrespective of the property line location.

9.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty-two feet. B.

Neighborhood A (Cielo).

1.

Minimum Lot Area. The minimum lot area shall be three thousand fifty square feet.

2.

Minimum Lot Width. The minimum lot width, as measured at the building line, shall be fifty feet.

3.

Minimum Lot Depth. The minimum lot depth shall be sixty feet.

4.

Minimum Front Yard Setback. The standard building setback shall be a minimum of twelve feet for homes fronting public streets; for cluster homes at the rear of the cluster the minimum front yard setback shall be four feet.

5.

Minimum Side Yard Setback. The minimum side yard setback shall be three feet as measured from the property line to the building foundation.

6.

Minimum Rear Yard Setback. The rear yard setback for lots at the rear of the cluster shall be fifteen feet; for homes fronting public streets the minimum rear yard setback shall be a minimum of four feet as measured from the property line to the building foundation.

7.

Projections into Setback Areas. Architectural features such as cornices, eaves, bay windows, fire-place, porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code Chapter 17.660, except that in no circumstances shall any portion of the house be less than three feet from the property line.

8.

9.

Maximum Building Height. The maximum building height for all structures shall not exceed twenty-five feet. C.

Neighborhood B (Four Thousand Square Foot Lot).

1.

Minimum Lot Area. The minimum lot area shall be four thousand square feet.

2.

Minimum Lot Width. The minimum lot width, as measured at the building line, shall be fifty feet.

3.

Minimum Lot Depth. The minimum lot depth shall be eighty feet.

4.

Minimum Front Yard Setback. The standard building setback shall be a minimum of twelve feet.

Minimum Side Yard Setback. The minimum side yard setback shall be three feet as measured from the property line to the building foundation.

6.

Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of nine feet as measured from the property line to the building foundation.

7.

8.

9.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty feet. D.

Neighborhood B (Five Thousand Square Foot Lot).

1.

Minimum Lot Area. The minimum lot area shall be five thousand square feet.

2.

Minimum Lot Width. The minimum lot width, as measured at the building line, shall be fifty feet.

3.

Minimum Lot Depth. The minimum lot depth shall be ninety feet.

4.

Minimum Front Yard Setback. The standard building setback shall be a minimum of fifteen feet.

Minimum Side Yard Setback. The minimum side yard setback shall be four feet as measured from the property line to the building foundation.

6.

Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of fifteen feet as measured from the property line to the building foundation.

7.

9.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty feet. E.

Neighborhood C (Four Thousand Square Foot Lot).

1.

Minimum Lot Area. The minimum lot area shall be four thousand square feet.

2.

Minimum Lot Width. The minimum lot width, as measured at the building line, shall be fifty feet.

3.

Minimum Lot Depth. The minimum lot depth shall be eighty feet.

4.

Minimum Front Yard Setback. The standard building setback shall be a minimum of twelve feet.

5.

Minimum Side Yard Setback. The minimum side yard setback shall be three feet as measured from the property line to the building foundation.

6.

Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of nine feet as measured from the property line to the building foundation.

7.

8.

9.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty feet. F.

Neighborhood C (Six Thousand Five Hundred Square Foot Lot).

1.

Minimum Lot Area. The minimum lot area shall be six thousand five hundred square feet.

2.

Minimum Lot Width. The minimum lot width, as measured at the building line, shall be sixty-five feet.

3.

Minimum Lot Depth. The minimum lot depth shall be one hundred feet.

4.

Minimum Front Yard Setback. The standard building setback shall be a minimum of fifteen feet.

5.

Minimum Side Yard Setback. The minimum side yard setback shall be seven feet as measured from the property line to the building foundation.

6.

Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of fifteen feet as measured from the property line to the building foundation.

7.

side or rear yard setback as per Brentwood Municipal Code Chapter 17.660, except that in no circumstances shall any portion of the house be less than five feet from the property line.

8.

9.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty feet. G.

Neighborhood D (Four Thousand Square Foot Lot).

1.

Minimum Lot Area. The minimum lot area shall be four thousand square feet.

2.

Minimum Lot Width. The minimum lot width, as measured at the building line, shall be fifty feet.

3.

Minimum Lot Depth. The minimum lot depth shall be eighty feet.

4.

Minimum Front Yard Setback. The standard building setback shall be a minimum of twelve feet.

5.

Minimum Side Yard Setback. The minimum side yard setback shall be three feet as measured from the property line to the building foundation.

6.

Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of nine feet as measured from the property line to the building foundation.

7.

8.

9.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty feet. H.

Neighborhood D (Five Thousand Square Foot Lot).

1.

Minimum Lot Area. The minimum lot area shall be five thousand square feet.

2.

Minimum Lot Width. The minimum lot width, as measured at the building line, shall be fifty feet.

3.

Minimum Lot Depth. The minimum lot depth shall be ninety feet.

4.

Minimum Front Yard Setback. The standard building setback shall be a minimum of fifteen feet.

Minimum Side Yard Setback. The minimum side yard setback shall be four feet as measured from the property line to the building foundation.

6.

Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of fifteen feet as measured from the property line to the building foundation.

7.

8.

9.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty feet. I.

Neighborhood E (Five Thousand Square Foot Lot).

1.

Minimum Lot Area. The minimum lot area shall be five thousand square feet.

2.

Minimum Lot Width. The minimum lot width, as measured at the building line, shall be fifty feet.

Minimum Lot Depth. The minimum lot depth shall be ninety feet.

4.

Minimum Front Yard Setback. The standard building setback shall be a minimum of fifteen feet.

Minimum Side Yard Setback. The minimum side yard setback shall be four feet as measured from the property line to the building foundation.

6.

Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of fifteen feet as measured from the property line to the building foundation.

7.

9.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty feet. J.

Neighborhood E (Nine Thousand Square Foot Lots Facing Griffith Lane).

1.

Minimum Lot Area. The minimum lot area shall be nine thousand square feet.

2.

Minimum Lot Width.

a.

The minimum lot width, as measured at the building line, shall be ninety feet on Lots 136 and 137 of TSM 9332.

b.

The minimum lot width, as measured at the building line, shall be seventy feet on Lots 138, 139, and 140 of TSM 9332.

3.

Minimum Lot Depth.

a.

The minimum lot depth, as measured at the building line, shall be one hundred feet on Lots 136 and 137 of TSM 9332.

b.

The minimum lot depth, as measured at the building line, shall be one hundred feet on Lots 138, 139, and 140 of TSM 9332.

4.

Minimum Front Yard Setback. The standard building setback shall be a minimum of fifteen feet.

5.

Minimum Side Yard Setback. The minimum side yard setback shall be seven feet as measured from the property line to the building foundation.

6.

Minimum Rear Yard Setback. The rear yard setback for lots shall be a minimum of fifteen feet as measured from the property line to the building foundation.

7.

Projections into Setback Areas. Architectural features such as cornices, eaves, bay windows, fire-place,

porches, and fences/gates (as an architectural extension of the house) may project into any required front, side or rear yard setback as per Brentwood Municipal Code Chapter 17.660, except that in no circumstances shall any portion of the house be less than five feet from the property line.

8.

9.

Maximum Building Height. The maximum building height for all structures shall not exceed thirty feet. (Ord. 857 § 2, 2008; Ord. 930 § 2, 2014)

A.

Design and site development shall be required for all housing units pursuant to Sections 17.100.033 and 17.100.004(H).

B.

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

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

D.

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

E.

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

the exception that no feature may project into the minimum front yard.

F.

(Ord. 857 § 2, 2008; Ord. 930 § 2, 2014)

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(Ord. 857 § 2, 2008; Ord. 930 § 2, 2014)

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Chapter 17.495 PD-45 (PLANNED DEVELOPMENT FORTY-FIVE) ZONE (§ 17.495.001 – § 17.495.006)

The authority, purpose and intent for the adoption of the PD-45 (planned development forty-five) zone are as follows:

A.

Authority. The PD-45 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-45 zone is to permit and regulate the orderly development of 54.69 acres located north side of Sycamore Avenue, on either side of the future Garin Parkway extension, with low density residential uses in accordance with the Brentwood general plan, for a maximum of one hundred eighty-one lots and five remainder parcels, including two parks, a trail, a residential group home, and an existing gas well.

C.

Intent. The intent of creating the PD-45 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent areas, while providing for needed housing. The boundary of the PD45 zoning district is as shown on the map in Section 17.495.006.

(Ord. 857 § 2, 2008; Ord. 961 § 2, 2016; Ord. 1066, 1/23/2024)

The following uses are permitted in the PD-45 zone:

A.

Single-family dwelling units not exceeding a density of 3.3 units per gross acre for a maximum of one hundred eighty-one units;

B.

Parks, playgrounds, and recreational trails;

C.

Those uses permitted under the R-1 zone, Section 17.130.002 of the zoning ordinance;

D.

A residential group home on parcel "C" of TSM 8534 for up to eighteen women and children;

E.

An existing gas well site on parcel "D" of TSM 8534, to be developed at a future date with single-family residential uses when the well is abandoned.

(Ord. 857 § 2, 2008; Ord. 961 § 2, 2016; Ord. 1066, 1/23/2024)

The following uses are conditionally permitted in the PD-45 zone:

A.

Those uses conditionally permitted under the R-1 zone, Section 17.130.003 of the zoning ordinance. B.

An increase to the number of residents permitted by Section 17.495.002(D) at a group home on parcel "C" of TSM 8534.

(Ord. 857 § 2, 2008; Ord. 1066, 1/23/2024)

All permitted and conditionally permitted uses developed within the PD-45 zone shall comply with the following regulations:

A.

Minimum lot area: Seven thousand square feet.

B.

Minimum lot width: Sixty-five feet at the mid-point.

C.

Minimum lot depth: Eighty-five feet.

D.

Minimum lot frontage: Twenty-four feet.

E.

Minimum front yard setback: Twenty feet for front-loading garages, with a five-foot architectural encroachment; fifteen feet for side-loading garages, with a five-foot architectural encroachment.

F.

Minimum side yard setback: Five feet, with an aggregate of fifteen feet; except that corner lots on the street side shall maintain a minimum side yard setback of ten feet.

G.

Minimum rear yard setback: Twenty feet.

H.

Maximum building height: Two stories and thirty feet.

I.

Maximum lot coverage: Forty percent for two-story homes and forty-five percent for single-story homes. J.

Maximum number of dwelling units: One hundred eighty-one, plus a residential group home for up to eighteen women and children as a permitted use, with the potential for additional residents in said group home upon approval of a conditional use permit.

(Ord. 857 § 2, 2008; Ord. 961 § 2, 2016; Ord. 1066, 1/23/2024)

A.

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

B.

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

C.

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

D.

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

E.

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660, with the exception that no feature may project into the minimum front yard setback.

A residential group home for persons who are in need of housing and related services shall be provided on parcel "C" of TSM 8534. The home shall accommodate and be a full-time residence with a size and occupancy to be approved through a Conditional Use Permit, if more than eighteen persons. The home shall include residential bedrooms/units, staff offices and overnight accommodations, counseling rooms, and family areas.

(Ord. 857 § 2, 2008; Ord. 1066, 1/23/2024)

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(Ord. 857 § 2, 2008; Ord. 1066, 1/23/2024)

Chapter 17.496 PD-46 (PLANNED DEVELOPMENT FORTY-SIX) ZONE (§ 17.496.001 – § 17.496.012)

The authority, purpose and intent for the adoption of the PD-46 (planned development forty-six) zone are as follows:

A.

Authority. PD-46 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations, of this title.

B.

Purpose. The purpose of the PD-46 zone is to permit and regulate the orderly development of the area shown on the subarea map in Section 17.496.012 in accordance with the Brentwood general plan for a maximum of four hundred ninety-four lots. The PD-46 area is divided into seven subareas as shown on the subarea map in Section 17.496.012.

C.

Intent. The zoning district is intended to provide a residential area with five distinct neighborhoods with a diverse mix of single-family homes on various lot sizes, an elementary school site, a detention basin, a fire station site, and three parks with recreational amenities and open space in conformance with the adopted general plan.

(Ord. 857 § 2, 2008)

A.

Subarea A—Neighborhood 1.

1.

Single-family dwelling units;

Parks, playgrounds and recreation trails;

3.

Other permitted uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone).

B.

Subarea B—Neighborhood 2.

1.

Single-family dwellings units;

2.

Parks, playgrounds and recreation trails;

3.

Other permitted uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone).

C.

Subarea C—Neighborhood 3.

Single-family dwellings units;

Public facilities including schools and fire stations;

Parks, playgrounds and recreation trails;

4.

Other permitted uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone).

D. Subarea D—Neighborhood 4.

Single-family dwellings units;

Parks, playgrounds and recreation trails; 3. Other permitted uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone).

E.

Subarea E—Neighborhood 5.

1.

Single-family dwellings units; 2. Flood control facilities; 3. Parks, playgrounds and recreation trails; 4.

Other permitted uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone).

F.

Subarea F—Five Thousand Square Foot Lots. 1. Single-family dwellings units; 2. Parks, playgrounds and recreation trails; 3.

Other permitted uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone).

G.

Subarea G—Zipper Lots.

Single-family dwellings units; 2.

Parks, playgrounds and recreation trails; 3.

Other permitted uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone).

(Ord. 857 § 2, 2008)

Subarea A.

1.

(Reserved);

2.

Conditionally permitted uses are those uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city. B.

Subarea B.

1.

(Reserved);

2.

Subarea C.

1.

(Reserved);

2.

3.

Nursery, childcare, day care center. D.

Subarea D.

1.

(Reserved);

2.

Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city. E.

Subarea E.

1.

(Reserved);

2.

Subarea F.

1.

(Reserved);

2.

Subarea G.

1.

A.

Minimum lot area: Six thousand four hundred square feet;

B.

Minimum lot width: Sixty-four feet; C. Minimum lot depth: Eighty-five feet;

D.

Minimum lot frontage: Forty feet;

E.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for side-loading garages and living space, and ten feet for front porches;

F.

Minimum side yard setback: Five feet and a total of ten feet for both sides. For corner lots, the street side yard shall be a minimum of eight feet and a total of thirteen feet for both sides; G.

Minimum rear yard setback: Twenty feet for main residence and five feet for detached garage; H.

Maximum building height: Thirty feet and two stories for main residence and fifteen feet and one story for detached garages;

I.

Minimum detached living unit rear setback: Five feet;

J.

Minimum detached living unit side setback: Five feet; K.

Maximum lot coverage: Forty percent including main residence and detached garage area. (Ord. 857 § 2, 2008)

A.

Minimum lot area: Six thousand four hundred square feet;

B.

Minimum lot width: Sixty-four feet;

C.

Minimum lot depth: Eighty feet and fifty-five feet for lots on culs-de-sac, knuckles or curvilinear streets at the shortest side property line;

D.

Minimum lot frontage: Forty feet;

E.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for side-loading garages and living space, and ten feet for front porches;

Minimum side yard setback: Five feet and a total of ten feet for both sides. For corner lots, the street side yard shall be a minimum of ten feet and a total of fifteen feet for both sides;

G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty-five percent. (Ord. 857 § 2, 2008) A. Minimum lot area: Five thousand seven hundred square feet; B.

Minimum lot width: Fifty-seven feet; C.

Minimum lot depth: Ninety feet;

D.

Minimum lot frontage: Thirty feet;

E.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for living space or side-loading garages, and ten feet for front porches;

F.

Minimum side yard setback: Five feet and a total of ten feet for both sides. For corner lots, the street side yard shall be a minimum of eight feet and a total of thirteen feet for both sides; G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: thirty feet and two stories for main residence and fifteen feet and one story for detached garages;

I.

Maximum lot coverage: Forty-five percent for single story unit; forty percent for two-story units. (Ord. 857 § 2, 2008)

A.

Minimum lot area: Six thousand seven hundred square feet;

B.

Minimum lot width: Sixty-seven feet;

C.

Minimum lot depth: Seventy-five feet;

D.

Minimum lot frontage: Seventy feet;

E.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for side-loading garages or living space, and ten feet for front porches;

F.

Minimum side yard setback: Five feet and a total of ten feet for both sides. For corner lots, the street side yard setback shall be a minimum of ten feet and a total of fifteen feet for both sides;

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories for main residence and fifteen feet and one story for detached garages;

I.

Maximum lot coverage: Forty-five percent for single-story unit; forty percent for two-story units. (Ord. 857 § 2, 2008)

A.

Minimum lot area: Seven thousand eight hundred square feet;

B.

Minimum lot width: Seventy-five feet;

C.

Minimum lot depth: Eighty-five feet;

D.

Minimum lot frontage: Sixty feet;

E.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for side-loading garages or living space, and ten feet for front porches;

F.

Minimum side yard setback: Five feet and a total of fifteen feet for both sides. For corner lots, the street side yard setback shall be a minimum of ten feet;

G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet and two stories;

I.

Maximum lot coverage: Forty-five percent for single-story unit; forty percent for two-story units. (Ord. 857 § 2, 2008)

A.

Minimum lot area: Five thousand square feet;

B.

Minimum lot width: Fifty feet;

C.

Minimum lot depth: One hundred feet;

D.

Minimum front yard setback: Twenty feet for street facing garages;

E.

Minimum side yard setback: Five feet and a total of ten feet for both sides;

F.

Minimum rear yard setback: Fifteen feet for single-story portions, all two-story additions must maintain a minimum twenty feet;

G.

Maximum building height: Thirty feet and two stories;

Maximum lot coverage: Forty-five percent. (Ord. 857 § 2, 2008)

Minimum lot area: Three thousand six hundred square feet;

B.

Minimum lot width: Twenty-three feet;

C.

Minimum lot depth: Ninety-five feet;

Minimum front yard setback: Twenty feet for street facing garages and ten feet for turned garages; E.

Minimum side yard setback: Four feet and a total of nine feet for both sides; F.

Minimum rear yard setback: Five feet;

G.

Maximum building height: Thirty feet and two stories;

Maximum lot coverage: Forty percent. (Ord. 857 § 2, 2008)

A.

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

B.

Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H) of this title. C.

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

D.

Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660 of this title provided lot coverage does not exceed fifty percent. E.

Architectural features may project into any required yard pursuant to the provision of Chapter 17.660 of this title with the following exceptions:

Pop-outs at garage doors may encroach two feet into front yard setback; 2.

Nonstructural elements including flatwork, column flairs, architectural elements, overhangs, and decorative buildouts may encroach up to two feet into all setbacks; 3.

Setbacks for side loading garages are to be measured to structural walls. Built-out or recessed window elements may encroach up to two feet into front yards. F.

Lot width for lots on culs-de-sac, knuckles or curvilinear streets shall be measured thirty feet from the front property line.

H.

Fences shall be set back a minimum of five feet from a side yard property line. The homeowner shall be responsible for planting and maintaining attractive landscaping in the area between the fence and sidewalk. (Ord. 857 § 2, 2008)

==> picture [519 x 641] intentionally omitted <==

(Ord. 960 § 19, 2015)

Chapter 17.497 PD-47 (PLANNED DEVELOPMENT FORTY-SEVEN) ZONE (§ 17.497.001 – § 17.497.007)

The authority, purpose and intent for the adoption of the PD-47 (planned development forty-seven) zone are as follows:

A.

Authority. PD-47 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-47 zone is to permit and regulate the development of that portion of the planned employment center identified as parcels D, E and F of subdivision 8199 and that portion of the planned employment center identified as Parcels A, B, and C of subdivision 8200 and designated as office/business (OB) in the city's general plan land use element

C.

Intent. It is intended that in order to achieve the purpose of the PD-47 zone of implementing the development of a planned employment center and associated residential project in conformance with the Brentwood community development plan and redevelopment plan and in accordance with the Walnut commercial master plan, said zone shall be divided into four subareas as geographically designated on the development plan and related exhibits and as further described below. The boundaries of the PD-47 zoning district and its subareas are as shown on the map in Section 17.497.007. The primary character of the area is intended to be a mix of residential, commercial, office, and industrial uses. Light industrial and service uses may be allowed, provided that they are found compatible with the primary uses. Small scale support commercial uses shall be allowed to serve the surrounding community of major office complexes.

1.

Subarea A consists of approximately four and two tenths net acres (Parcels A, B, and C), intended for the development of approximately forty-five thousand square feet of commercial, office, and light industrial uses, including supporting retail services compatible with an office/business center.

2.

Subarea B consists of approximately three net acres, (Parcels E and D), adjacent and south of subarea A, intended for the development of approximately forty thousand square feet of lease space to serve the office, research and development, commercial and service commercial needs of the Brentwood community, including supporting retail services compatible with an office, business, and technology center.

3.

Subarea C consists of approximately 24.8 acres adjacent and west of subarea's B and D, intended for low density residential uses in accordance with the Brentwood general plan and this PD.

Subarea D consists of approximately 5.79 acres adjacent and east of subarea C, intended for the development of approximately sixty-four thousand square feet of office, research and development,

commercial, service commercial and light industrial uses, including supporting retail services compatible with an office, business, technology and light industrial center.

(Ord. 857 § 2, 2008; Ord. 958 § 2, 2015; Ord. 1019 § 1, 2020)

The following uses are permitted within the PD-47 zone:

Subarea A. The following uses shall be permitted within this subarea:

Business and professional offices, such as software developers, architects, attorneys, accountants and office uses which are supplementary to industrial, business or commercial uses;

2.

General office uses;

3.

Service uses supportive of light industrial/office uses, such as coffee and sandwich shops, dry cleaners, laundry, health club, recreation club, and similar services. Secondary uses could occupy up to ten percent of the total building square footage with no more than two thousand five hundred square feet per use;

4.

Research and development space which includes both office, support, and warehouse/research areas; 5.

Similar uses subject to the approval of the zoning administrator.

Subarea B. The following shall be permitted within this subarea:

1.

General office uses;

2.

Business and professional offices, such as software developers, architects, attorneys, accountants and office uses which are supplementary to industrial, business or commercial uses;

3.

Research and development space which includes both office, support, and warehouse/research areas (flextech);

4.

Service uses supportive of office/flex-tech uses, such as coffee and sandwich shops, dry cleaners, laundry, health club, recreation club, and similar services. Secondary uses can occupy up to ten percent of the total building square footage with no more than two thousand square feet per use;

5.

Medical or dental laboratories, medical or dental office or clinic;

6.

Commercial uses including, but not limited to, uses which may or may not manufacture their primary product on the premises such as a drapery shop, cabinet shop, or upholstery shop;

7.

Services uses including, but not limited to, appliance, television and radio repair, small equipment repair or service;

8.

Light metal fabrication, machine shops, small welding shops, small assembly, and printing shop; 9.

Similar uses subject to the approval of the zoning administrator. C.

Subarea C. The following shall be permitted in Subarea C:

1.

Those uses permitted under the R-1 zone, Section 17.130.002;

Parks, recreational trails, and water quality basins.

D.

Subarea D. The following shall be permitted with this subarea. All uses shall be conducted indoors unless otherwise noted.

1.

General office uses;

2.

Business and professional offices, such as software developers, architects, attorneys, accountants and office uses which are supplementary to industrial, business or commercial uses;

3.

Research and development space that includes both office, support, and warehouse/research areas (flextech);

4.

Services uses supportive of office/flex-tech uses, such as coffee and sandwich shops, dry cleaners, laundry, health club, recreation club, and similar services. Secondary uses can occupy up to ten percent of the total building square footage with no more than two thousand square feet per use;

5.

A maximum of five thousand square feet for restaurant uses. A microbrewery is allowed in conjunction with a primary restaurant use;

6.

Indoor recreational facilities such as a dance studio, gymnastics facility, karate or fitness facility including ancillary daycare facilities;

7.

Medical or dental laboratories, medical or dental office or clinic;

8.

Commercial uses including, but not limited to, uses which may or may not manufacture their primary product on the premises such as a drapery shop, cabinet shop, or upholstery shop;

9.

Service uses including, but not limited to appliance, television and radio repair; barber or beauty shop; butcher, meat market, including frozen food locker; shoe repair; small equipment repair or service; clock or watch repair;

10.

Light metal fabrication, machine shops, small welding shops, small assembly, and printing shop; 11.

Light industrial uses including, but not limited to:

a.

Commercial laundromat and commercial dry cleaning establishments;

Printer and copier establishments;

c.

Welding shop;

d.

Biotechnology research, development and production operations, including cosmetic, drug, medicinal and pharmaceutical products;

Appliance repair;

f.

Cabinet, woodworking, draper, or upholstery shops, furniture manufacturing or assembly uses;

g. Glass and window services;

Photographic equipment and supplies;

i. Special trades; j.

Small scale manufacturing and assembly plants;

k. Light fabricating services; l.

Laboratories, commercial testing, research and experimental;

m.

Manufacturing of scientific, analytical, optical, medical, and dental goods, apparatus, measuring and controlling instruments;

n.

Professional, scientific and precision equipment;

o.

Construction-related sales, contractors, suppliers, services and industries, except heavy construction and equipment:

i.

Building and carpentry,

ii.

Irrigation, iii. Plumbing, iv.

Electrical,

HVAC,

vi.

Landscaping and plant nursery supplies, vii.

Engineering;

p.

Warehouse, distribution, shipping and wholesale of materials and equipment of an industrial, automotive, fabrication, manufacturing and construction nature;

Similar uses subject to the approval of the zoning administrator. (Ord. 857 § 2, 2008; Ord. 958 § 2, 2015; Ord. 1019 § 1, 2020) Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-47 zone

Subarea A. The following uses shall be conditionally permitted within this subarea:

1.

Public and quasi-public uses appropriate to and compatible with the area such as hospitals, medical laboratory, outpatient care facility, business and technical schools, and full service financial institutions;

2.

Restaurants;

3.

Secondary uses could occupy up to 15% of the total building square footage with no more than 3,000 square feet per use. Drive-through access to supportive services allowed with a conditional use permit only (subject to Chapter 17.655).

B.

Subarea B. The following uses shall be conditionally permitted within this area:

1.

Public and quasi-public uses appropriate to and compatible with the area such as hospitals, outpatient care facility, business and technical schools, and full service financial institutions;

Restaurants;

3.

Drive-through access to supportive services allowed with a conditional use permit only (subject to Chapter 17.655);

4.

Similar uses subject to the approval of the zoning administrator.

Subarea C. Upon obtaining a conditional use permit pursuant to Chapter 17.830, those uses permitted under the R-1 zone, section 17.130.003.

D.

Subarea D. The following uses shall be conditionally permitted within this area. All uses shall be conducted indoors unless otherwise noted.

1.

Public and quasi-public uses appropriate to and compatible with the area such as hospitals, outpatient care facility, business and technical schools, and full service financial institutions;

Automobile repair or service;

3.

Auto body repair and service, including painting;

4.

Drive-through access to supportive services (subject to Chapter 17.655);

5.

(Ord. 857 § 2, 2008; Ord. 958 § 2, 2015; Ord. 1019 § 1, 2020; Ord. 1089, 10/14/2025)

All nonresidential permitted and conditionally permitted uses shall conform to the development standards set forth as follows:

Subarea A.

Minimum lot area: Twenty thousand square feet;

Minimum lot width: One hundred feet;

3.

Minimum street frontage yard: Ten feet;

4.

Minimum non-street frontage yard: Zero feet;

5.

Minimum building height: One story not to exceed twenty-four feet, two story not to exceed forty feet. Structures greater than two stories or forty feet may be permitted, subject to variance approval. B.

Subarea B.

Minimum lot area: Twenty thousand square feet;

Minimum lot width: One hundred feet;

Minimum street frontage yard: Ten feet;

4.

Minimum non-street frontage yard: Zero feet;

5.

Subarea C.

1.

Minimum lot size: Eight thousand square feet (four thousand square feet for two affordable housing duet units);

2.

Minimum lot width: Eighty-five feet as measured from the rear property line (forty feet for two affordable housing duet units);

3.

Minimum lot depth: Eighty-five feet except at curved streets, culs-de-sac, and knuckles;

4.

Minimum lot frontage: Eighty-five feet except at curved streets, culs-de-sac, and knuckles (forty feet for two affordable housing duet units);

5.

Minimum front yard setback: Twenty feet to front loading garages, fifteen feet to side-loading garages and building walls;

6.

Minimum side yard setback: Seven feet with an aggregate of twenty feet (ten feet on the street side of corner lots), with zero feet and an aggregate of fifteen feet for two affordable housing duet units;

Minimum rear yard setback: Fifteen feet;

8.

Architectural features may project into any required setback pursuant to the provisions of Chapter 17.660; 9.

Maximum building height: Thirty feet or two stories; 10.

A minimum of twenty-five percent of the lots shall have single-story units; 11. Maximum number of units: One hundred fifty; 12.

Side-loading garage: Ten percent of the lots shall have side-loading garages; 13.

Fifty percent of the corner lots shall have single-story units; 14. Maximum lot coverage: Forty percent for two-story homes and forty-five percent for single-story homes; 15.

Maximum fence height: The maximum fence height may exceed the six-foot standard if approved by the community development director to address land use compatibility issues between the existing single-family homes and the existing and proposed non-residential.

Subarea D.

1.

Minimum lot area: Ten thousand square feet;

Minimum lot width: One hundred feet;

3.

Minimum street frontage yard: Ten feet;

4.

Minimum non-street frontage yard: Zero feet;

5.

Architectural Design.

1.

Subarea A. All buildings within subarea A shall be constructed with the same architectural theme, design and materials.

2.

Subarea B. All buildings within subarea B shall be constructed with the same architectural design, theme and material.

3.

Subarea C. Architectural and landscape design shall be approved through City of Brentwood's design review process.

4.

Subarea D. All new buildings within subarea D shall be constructed with the same architectural design, theme and material

F.

Other Regulations.

1.

Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures to city standards and specifications. 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.

3.

Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620, except as follows:

Off-Street Parking Spaces Required, PD-47 Zone. Except as specified in Section 17.620.012 there shall be required for permitted uses in all PD-47 zones, business, professional and financial office parking at a rate of one space for each two hundred fifty feet of gross floor area.

4.

Open Storage or Display. Open storage and/or outdoor display of merchandise is prohibited. 5.

Landscaping and Screening. Subareas A, B and D. Landscaping and screening shall be provided in accordance with Chapter 17.630 except as follows:

a.

The minimum width of landscaping along Walnut Boulevard shall be twenty feet. The minimum width of landscaping along Continente shall be five feet when separating parking and ten feet when separating buildings. All other secondary streets/drives shall be minimum of five feet except where parking is directly offstreet, 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 residential zone district. 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 in subdivisions (i) and (ii) of this subsection such that a visual screen is created.

6.

Advertising Signs. All signs shall be subject to Chapter 17.640.

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.

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

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. 857 § 2, 2008; Ord. 958 § 2, 2015; Ord. 1019 § 1, 2020; Ord. 1022 § 1, 2022)

All permitted and conditionally permitted uses developed within subarea A 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:

a.

Industrial and warehouse: 75 dBA;

b.

Retail, commercial, office, schools, churches: 65 dBA.

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 Octave-Band Filter Set for 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 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 discernable without the use of instruments is prohibited.

D.

E.

Solid and Liquid Waste.

1.

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 outdoors only in closed containers.

G.

H.

Air Pollution. All uses shall comply with regulations of the Bay Area Air Quality Management District.

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.

(Ord. 857 § 2, 2008; Ord. 958 § 2, 2015; Ord. 1019 § 1, 2020)

The design and site development of all new structures within each subarea shall comply with Chapter 17.820.

(Ord. 857 § 2, 2008; Ord. 958 § 2, 2015; Ord. 1019 § 1, 2020)

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(Ord. 857 § 2, 2008; Ord. 958 § 2, 2015; Ord. 1019 § 1, 2020)

Chapter 17.499 PD-49 (PLANNED DEVELOPMENT FORTY-NINE) ZONE (§ 17.499.001 – § 17.499.008)

The authority, purpose and intent for the adoption of the PD-49 zone are as follows:

A.

Authority. The PD-49 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations.

B.

Purpose. Consistent with "smart growth" planning principles, the purpose of the PD-49 zone is to permit and regulate mixed-use development of approximately sixty-four gross acres located south of Balfour Road, west of existing Concord Avenue/future Highway 4 Bypass, and to allow for the phased development of a mix of medical campus, office, retail, public and quasi-public and residential uses, variations in density and building intensities, innovative design characteristics, that would not normally be permitted in a single-use zone, and retention of greater flexibility to adjust square footage allocated to each permitted use. The precise square footage for each use would be determined at the time of approval of the development plans as described below. The land covered by this PD-49 zone is designated by the Brentwood general plan as a special planning area (SPA) Q, to be developed consistent with this PD-49 zone.

C.

Intent. It is intended that, in order to achieve the purpose of the PD-49 zone of implementing a medical campus, mixed-use development in conformance with the Brentwood general plan, development within the PD-49 zone shall be consistent with the permitted and conditionally permitted uses set forth below. It is further intended that in order to provide for the phased development of the property, development of portions of the property may occur upon the approval of a development plan for each such phase. The subareas shall be as shown in the map in Section 17.499.008 of this chapter and made a part of this chapter, and as further described below.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

The following uses are permitted "by right" in subarea A:

A.	Medical facilities, medical ofces, hospitals, inpatient and outpatient medical care, birthing facilities, dialysis units, medical and dental laboratory, convalescent hospitals, large residential care facilities, including residential, congregate residential and convalescent care, medical schools and teaching facilities, a single emergency helipad, facilities for the care of the sick or elderly, health club or recreational club, veterinary clinic, public and quasi-public uses, such as government ofce, library, employment ofce, and utility ofces;
B.	Professional and business ofces;
C.	General retail sales and services;
D.	Day care facilities;
E.	Hotels;
F.	Other similar uses as determined by the community development director.

The following uses are permitted within subarea A subject to approval of a conditional use permit: A.

Restaurants;

B.

Drive-in or drive-through establishments related to a permitted use (subject to Chapter 17.655);

C.

Auto service station and alternative fuel stations; tire shop, new or used car sales, vehicular repair;

D.

Outdoor sales or display;

E.

Churches, synagogues, or temples;

F.

Crematoriums;

G.

Other similar uses as determined by the community development director.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1078, 12/10/2024; Ord. 1089, 10/14/2025) The following uses are permitted "by right" in subarea B:

A.

Professional and business offices;

B.

Facilities for the care of the elderly including residential, congregate residential and convalescent care; health club or recreational club; veterinary clinic; public and quasi-public uses such as government office, library, employment office, utility offices, and similar uses, including day care facilities;

C.

General retail sales and services;

D.

Medium to high to very high density multifamily residential not exceeding an average density of twenty-five units per acre;

E.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

F.

G.

Other similar uses as determined by the community development director.

The	following uses are permitted within subarea B subject to approval of a conditional use permit:
A.	Hotels;
B.	Mixed residential and nonresidential uses within the same structure, except as permitted above;
C.	Other similar uses as determined by the community development director.
(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1084,3/11/2025) The following uses are permitted "by right" in subarea C:

A.

Medical facilities, medical offices, hospitals, inpatient and outpatient medical care, birthing facilities, dialysis units, medical and dental laboratory, convalescent hospitals, large residential care facilities, including residential, congregate residential and convalescent care, medical schools and teaching facilities, a single

emergency helipad, facilities for the care of the sick or elderly, health club or recreational club, veterinary clinic, public and quasi-public uses, such as government office, library, employment office, and utility offices;

B.

Professional and business offices;

C.

General retail sales and services;

D.

Other similar uses as determined by the community development director.

The	following uses are permitted within subarea C subject to approval of a conditional use permit:
A.	Restaurants;
B.	A drive-in or drive-through associated with a drug store pharmacy use only (subject to Chapter 17.655);
C.	Auto service station and alternative fuel stations; tire shop, new or used car sales, vehicular repair;
D.	Outdoor sales or display;
E.	Churches, synagogues, or temples;
F.	Crematoriums;
G.	Other similar uses as determined by the community development director.
(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1078,12/10/2024; Ord. 1089,10/14/2025) The following uses are permitted "by right" in subarea D:

A.

Professional and business offices;

B.

C.

Retail sales and services that are ancillary to specifically permitted uses, limited to ten percent of the total building area on the parcel;

D. Day care facilities.

The following uses are permitted within subarea D subject to approval of a conditional use permit:

C. Retail sales and services that are ancillary to specifcally permitted uses, limited to ten percent of the total building area on the parcel; D. Daycare facilities.
The following uses are permitted within subarea D subject to approval of a conditional use permit:
A.	Hotels;
B.	Churches, synagogues, and temples;
C.	Other similar uses as determined by the community development director;
D.	Structures exceeding the maximum building height permitted in subarea "D";
E.	Building encroachments into the minimum non-street setbacks in subarea "D."

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

Minimum lot area. One acre for all four subareas. Smaller parcel sizes may be permitted if they are part of an overall master plan.

B.

Maximum building height:

Subarea A	Seventy-fve feet, not to exceed six stories
Subarea B	Forty feet, not to exceed three stories
Subarea C	Forty feet, not to exceed three stories
Subarea D	Thirty feet, not to exceed two stories

Building setbacks:

C. Buildingsetbacks:
Balfour Road	Fifty feet in subarea A
	Fifteen feet in subarea C
Concord Avenue	Fifty feet
Highway 4 Bypass	Fifty feet
John Muir Parkway	Fifty feet
Eagle Rock Avenue	Twenty-fve feet
Non-street setbacks	Five feet in subareas A and C
	Ten feet in subarea B
	Ten feet in subarea D for a one-story building
	Twenty feet in subarea D for a two-story building

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

Development in this zone shall be subject to being in substantial conformance with the development plan and related exhibits unless otherwise approved by the planning commission.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

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(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

Chapter 17.500 PD-50 (PLANNED DEVELOPMENT FIFTY) ZONE (§ 17.500.001 – § 17.500.006)

The authority, purpose and intent for the adoption of the PD-50 (planned development fifty) zone are as follows:

A.

Authority. PD-50 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-50 zone is to permit and regulate the development of the Casitas Del Sol project, as designated in the city council's planning and zoning ordinances as a high-density multifamily residential zone, permitting maximum flexibility in development in order to accommodate a single-family housing product affordable to city of Brentwood residents.

C.

Intent. The boundary of the PD-50 zoning district is as shown on the map in Section 17.500.006. It is intended that, in order to achieve the purpose of the PD-50 zone, the development of this property will be undertaken in accordance with the Brentwood general plan as follows:

1.

A maximum of nine homes will be developed on the property.

2.

Minimum of three thousand square foot lots will be created.

(Ord. 857 § 2, 2008)

Those uses identified in Section 17.150.002 of the Brentwood Municipal Code will be permitted by right within the PD-50 zone.

(Ord. 857 § 2, 2008)

Upon obtaining a use permit, those uses identified in Section 17.150.003 of the Brentwood Municipal Code may be permitted in the PD-50 zone.

(Ord. 857 § 2, 2008)

A.

All permitted and conditionally permitted uses shall conform to the development standards set forth below: 1.

Minimum front yard setback: Twenty feet;

2.

Minimum side yard setback: Zero feet with an aggregate of ten feet. Corner lots shall maintain a minimum side yard setback on the street side of ten feet;

3.

Minimum rear yard setback: Fifteen feet;

4.

Minimum lot size: Three thousand square feet;

5.

Minimum lot width: Thirty-six feet;

6.

Maximum lot coverage: Forty percent;

Maximum building height limit: Two stories not to exceed thirty feet.

B.

Other Regulations:

1.

Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 of the Brentwood Municipal Code.

2.

Accessory structures shall be permitted pursuant to the provisions of Chapter 17.660 provided that the maximum lot coverage ratio is not exceeded.

3.

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.

(Ord. 857 § 2, 2008)

The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to this planned development.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

Chapter 17.503 PD-53 (PLANNED DEVELOPMENT FIFTY-THREE) ZONE (§ 17.503.001 – § 17.503.014)

The authority, purpose, and intent for the adoption of the PD-53 (Planned Development Fifty-Three) zone are as follows:

A.

Authority. PD-53 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-53 zone is to permit and regulate to orderly development of job-generating uses with complementary medium, high, or very-high density residential uses of up to four hundred seventyfive dwelling units. The boundaries of the PD-53 zoning district and its subareas are as shown on the map in Section 17.503.015.

(Ord. 857 § 2, 2008; Ord. 1002 § 2, 2018) Permitted uses in the PD-53 zone are those permitted under R-1 (single-family residential) zoning district in Title 17.

(Ord. 857 § 2, 2008; Ord. 1002 § 2, 2018; Ord. 1007 § 4, 2018) Conditionally permitted uses identified in the R-1 zoning district in Title 17, which are subject to the granting of a conditional use permit by the city.

(Ord. 857 § 2, 2008; Ord. 1002 § 2, 2018; Ord. 1007 § 4, 2018) The following regulations shall apply to the planned development zone: A.

Minimum lot area: Four thousand square feet;

B. Minimum lot width: Fifty feet; C.

Minimum lot depth: Eighty feet; D.

Minimum lot frontage: One-half the required lot width;

Minimum front yard: Twenty feet to the garage, ten feet to any primary building wall; F.

Minimum side yard: Five feet. Corner lots shall maintain a minimum side yard on the street of ten feet; G.

Minimum rear yard: Fifteen feet; H.

Maximum building height: Two stories not to exceed thirty-two feet; I.

Maximum lot coverage: Fifty percent. (Ord. 857 § 2, 2008; Ord. 1002 § 2, 2018; Ord. 1007 § 4, 2018) A.

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

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

C.

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

D.

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

E.

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660. (Ord. 857 § 2, 2008; Ord. 1002 § 2, 2018; Ord. 1007 § 4, 2018)

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(Ord. 960 § 20, 2015; Ord. 1002 § 2, 2018; Ord. 1007 § 4, 2018)

Chapter 17.504 PD-54 (PLANNED DEVELOPMENT FIFTY-FOUR) ZONE (§ 17.504.001 – § 17.504.005)

The authority, purpose, and intent for the adoption of the PD-54 (planned development number fifty-four) zone are as follows:

A.

Authority. This 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-54 zone is to permit and regulate the orderly development of 9.10 acres located generally east of O'Hara Avenue, west of Adams Lane, south of the future extension of Big Basin Drive, and north of the East Bay Municipal Utility District Mokelumne Aqueduct with low density residential uses in accordance with the Brentwood General Plan.

C.

Intent. The intent of creating the PD-54 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties. The boundaries of the PD-54 zoning district are as shown on the map in Section 17.504.005.

(Ord. 949 § 2, 2015) The following uses are permitted in the PD-54 zone:

A.

Those permitted under the R-1 zoning district in Title 17. (Ord. 949 § 2, 2015)

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted:

A.

Those uses conditionally permitted under the R-1 zoning district in Title 17.

(Ord. 949 § 2, 2015)

All permitted and conditionally permitted uses developed within the PD-54 zone shall comply with the following regulations:

A.

Minimum lot size: Eight thousand square feet;

B.

Minimum lot width: Seventy feet;

C.

Minimum lot width on curvilinear streets and knuckles shall be measured thirty feet from the front property line;

D.

Minimum lot depth: One hundred ten feet;

E.

Minimum lot frontage: Forty-five feet;

F.

Minimum front yard: Twenty feet to any street-facing garage, fifteen feet to the wall of any living space or the wall of a turned garage;

Minimum side yard: Five feet with an aggregate setback of fifteen feet and all corner lots must maintain a street-side side yard setback of ten feet;

H.

Minimum rear yard: Twenty feet;

I.

Maximum building height: Thirty-one feet and two stories;

J.

Maximum lot coverage: Forty-five percent for single-story units and forty percent for two-story units;

K.

Corner lot fence setback: Five feet from the street-side property line, all other fence regulations shall adhere to the requirements of Chapter 17.660 of this title;

L.

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

M.

Side loading garage: Ten percent of the lots shall have side-loading garages; N.

A minimum of twenty-five percent of the lots shall have single-story units; O.

A minimum of fifty percent of corner lots shall have single-story units.

(Ord. 949 § 2, 2015)

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(Ord. 949 § 2, 2015)

Chapter 17.505 PD-55 (PLANNED DEVELOPMENT FIFTY-FIVE) ZONE (§ 17.505.001 – § 17.505.010)

The authority, purpose and intent for the adoption of the PD-55 zone are as follows:

A.

Authority. PD-55 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations.

B.

Purpose. The purpose of the PD-55 zone is to permit and regulate the phased development of a mix of uses consistent with the general plan on the approximately sixty-one gross acres encompassed by the zone. The general plan identifies the PD-55 zone within planned development. PD-55 is bounded by a single-family home subdivision on the north, a single-family home subdivision on the east, mixed-use commercial and medium density residential on the south, and Brentwood Boulevard on the west. Planned development policies are intended to mirror policies and the mixed land uses described in the PD-55 zone for a range of uses including retail commercial businesses, professional office uses, limited light industrial uses, and singlefamily residential uses. Land use flexibility for this large in-fill parcel is warranted due to its strategic location adjacent to two arterial roadways including Brentwood Boulevard and Sand Creek Road. C.

Intent. To achieve the foregoing purpose, the PD-55 zone is divided into six subareas; the subareas as shown on the map in Section 17.505.009. Several subareas include internal land use flexibility per the Zoning Matrix in Section 17.505.008 and shall be developed as generally described below:

1.

Subarea 1 consists of the southwestern approximately 5.94 acres and is intended for the development of commercial uses that meet the needs of Brentwood and the region.

2.

Subarea 2 consists of the central western approximately 2.63 acres north of Sand Creek Road, and is intended for the development of commercial uses that meet the needs of Brentwood and the region.

3.

Subarea 3 consists of approximately 31.13 acres, north of Sand Creek Road, and is intended for the development of single-family detached residential uses that are generally compatible with adjacent residential development. Residential lots adjacent to the northern boundary of Subarea 3 are intended to meet a minimum four thousand square foot lot size, which is typical of the adjacent development to the north. The balance of Subarea 3 consists of small-lot single-family detached residential development.

4.

Subarea 4 consists of the eastern approximately 3.81 acres located on the north side of Sand Creek Road. Subarea 4 is established to serve primarily as a usable park, with a portion comprised of landscape and water quality basin, and as a buffer to existing residential subdivisions to the north and east. Development within Subarea 4 is intended to provide a north-south pedestrian link.

5.

Subarea 5 consists of the eastern approximately 2.23 acres located on the south side of Sand Creek Road. Subarea 5 is established to serve primarily as a usable park, with a portion comprised of landscape and water quality basin, and as a buffer to existing residential subdivisions to the south and east. Development within Subarea 5 is intended to provide a north-south pedestrian link.

6.

Subarea 6 consists of the central approximately 14.79 acres south of Sand Creek Road and is intended for single-family detached residential uses. Residential lots adjacent to the southern boundary of Subarea 6 are intended to meet a minimum four thousand square foot lot size, which is typical of the adjacent development to the south. The balance of Subarea 6 consists of small-lot single-family detached residential development.

Each of Subareas 1 through 6 may be developed in phases.

(Ord. 871 § 2, 2009; Ord. 962 § 2, 2016; Ord. 1013 § 2, 2020)

See Section 17.505.008, which identifies permitted land uses acceptable per individual subareas. Permitted uses must comply with the Sciortino Ranch Design Guidelines.

(Ord. 871 § 2, 2009; Ord. 962 § 2, 2016; Ord. 1013 § 2, 2020)

See Section 17.505.008, which identifies conditionally permitted land uses acceptable per individual

subareas. Upon obtaining a conditional use permit pursuant to Chapter 17.830, said uses shall be allowed in the PD-55 zone. Conditionally permitted uses must comply with design standards established in the Sciortino Ranch Design Guidelines.

(Ord. 871 § 2, 2009; Ord. 962 § 2, 2016; Ord. 1013 § 2, 2020)

All permitted and conditionally permitted uses developed within the subareas shall conform to the following standards as applicable:

A.

Basic Standards Are Included in the Sciortino Ranch Design Guidelines.

1.

General commercial, office, and light industrial/R&D development standards are included in the Sciortino Ranch Design Guidelines.

2.

Single-family residential standards are included in the Sciortino Ranch Design Guidelines. All residential development in the PD-55 zone is exempt from the city of Brentwood Residential Growth Management Program for a period of five years from the effective date of the ordinance codified in this chapter. B.

Residential density—Densities are defined as follows:

1.

In Subarea 3, development shall not exceed a density of eight dwelling units per gross acre. 2.

In Subarea 6, development shall not exceed a density of eight dwelling units per gross acre. C.

Landscaping and Screening. Landscaping and screening requirements for each phase of development within PD-55 shall be specified in a master landscaping and screening program for PD-55 approved by the planning commission or in the design and site development review approval for each phase. All landscaping and screening shall adhere to Chapter 17.630 and the city's adopted Urban Forest Guidelines. All establishments in PD-55 with drive-through windows or counters for the purpose of selling food or merchandise to the general public shall screen those windows and counters from view from the public right-of-way by extensive shrub and tree landscaping, landscaped berms, walls, trellises, or combination thereof. Such screening will be reviewed and approved by the city through the design review or conditional use permit process specified in Chapter 17.820 or 17.830.

D.

Advertising Signs. The design and site development review approval for each phase of nonresidential development within the PD-55 zone shall require an application for, and approval of, a master sign program. All signs within the PD-55 zone shall conform to the planned sign program as the same may be amended from time to time pursuant to Chapter 17.640, Sign Ordinance.

Other Development Standards.

Refuse Disposal Enclosure. All commercial facilities shall provide masonry refuse disposal enclosures to city standards and specifications.

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 with IESNA-classified cut-off or full cut-off fixtures with a maximum height of twenty-five feet to the light source for pedestrian oriented lighting and thirty feet to the light source for parking lot lighting.

3.

Parking Lot Design and Development Standards. All facilities shall comply with Chapter 17.620.

4.

Open Storage or Display. Open storage and/or outdoor display of merchandise is permitted only if conducted within an area designated and in accordance with standards specified in a design and site development review approval pursuant to Chapter 17.820, or as expressly provided for by a conditional use permit.

5.

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

6.

Security Measures. All facilities shall provide security measures in accordance with city standards and subject to design review in accordance with Chapter 17.820. No barbed or razor wire shall be utilized in conjunction with any said facilities.

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.

8.

Manufacturing and Storage Areas. All manufacturing processes shall be within a structure and all open storage areas except those for display of farm vehicles and implements shall be screened with a minimum six-foot high masonry wall. No storage shall exceed the height of the wall.

9.

There shall be no overnight parking of mobile homes, recreational vehicles, buses or campers in the public parking or common areas of PD-55, nor any display of vehicles for sale by owners at any time. There shall also be no permanent or long term storage of merchandise or equipment in the parking areas or sidewalks at any time, with the exception of those areas specifically approved for such uses pursuant to the conditional use permit provisions in Chapter 17.830.

Development may occur in phases.

11.

Any other applicable city standards and regulations.

12.

Reserved.

13.

All development applications within the PD-55 zone shall be reviewed for compliance with the final environmental impact report for the Sciortino Ranch project, including all mitigation measures. All development applications shall also be reviewed for compliance with Vesting Tentative Subdivision Map No. 9356, including all conditions of approval.

(Ord. 871 § 2, 2009; Ord. 962 § 2, 2016; Ord. 1013 § 2, 2020; Ord. 1067, 2/27/2024)

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

A.

Noise. All noise generated by development within the PD-55 zone shall be consistent with the requirements set forth in the Noise Element of the general plan and in Chapter 9.32 (Noise Regulations) of the Brentwood Municipal Code.

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.

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 the source of steam, humidity or heat is not perceptible from the public property line.

C.

E.

Soundproofing. Residential and other acoustically-sensitive activities shall be designed so that interior noise levels due to exterior noise sources do not exceed the requirements of the noise element of the general plan or Chapter 9.32, Noise Regulations, of the Brentwood Municipal Code.

F.

Solid and Liquid Waste.

1.

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 outdoors only in closed containers.

G.

Electrical and Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point, or create an electrical disturbance 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.

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.

(Ord. 871 § 2, 2009; Ord. 962 § 2, 2016; Ord. 1013 § 2, 2020)

The design and site development of each phase within the PD-55 zone shall comply with Chapter 17.820 (Design and Site Development Review) of the Brentwood Municipal Code.

(Ord. 871 § 2, 2009; Ord. 962 § 2, 2016; Ord. 1013 § 2, 2020)

Development in the subareas shall be subject to being in substantial conformance with the Sciortino Ranch Design Guidelines, unless otherwise approved by the city council through an amendment to this chapter. Any modification to the subarea boundaries depicted in Section 17.505.009 shall require an amendment to the subarea map, which shall be reviewed and approved by the community development director. (Ord. 871 § 2, 2009; Ord. 962 § 2, 2016; Ord. 1013 § 2, 2020)

conformance with the Sciortino Ranch Design Guidelines, unless otherwise approved by the city council through an amendment to this chapter. Any modification to the subarea boundaries depicted in Section 17.505.009 shall require an amendment to the subarea map, which shall be reviewed and approved by the community development director. (Ord. 871 § 2, 2009; Ord. 962 § 2, 2016; Ord. 1013 § 2, 2020)

Symbol Legend
P = Permitted Use1
C = Conditional Use Permit Required2
LAND USES3	Commercial		Residential		Park and Water Quality
	Subarea 1	Subarea 2	Subarea 3	Subarea 6	Subarea 4	Subarea 5
Commercial Uses
Self-storage facilities4 (subject to Ch. 17.755)	C	C
Light industrial uses which generate minimal noise, odor, smoke, and waste material5	C	C
Sports bar, lounge, nightclub and similar	C	C

LAND USES3	Commercial	Commercial	Residential	Residential	Park and Water Quality	Park and Water Quality
	Subarea 1	Subarea 2	Subarea 3	Subarea 6	Subarea 4	Subarea 5
establishments6
Liquor stores7	C	C
Motor vehicle sales8	C	C
Construction contractor's and contractor related services with outdoor storage9	C	C
Video arcades, indoor movie theatre, bowling alley, skating rink, and similar entertainment establishments	C	C
Hotel	C	C
Tobacco and cigar lounges that allow smoking on-site	C	C
Health clubs (indoor and outdoor recreational facilities)	C	C
Merchandise and/or general retail sales less than 75,000 sq. ft. (applies to any single- user or multi-tenant building)	P	P
Merchandise and/or general retail sales greater than or equal to 75,000 sq. ft. (applies to any single-user or multi- tenant building)	C
Supermarkets or grocery (with beer, wine, and distilled spirits sales)	P	P
Convenience store with or without beer and wine	P	P

LAND USES3	Commercial	Commercial	Residential	Residential	Park and Water Quality	Park and Water Quality
	Subarea 1	Subarea 2	Subarea 3	Subarea 6	Subarea 4	Subarea 5
sales (no distilled spirits). Limited to one store as a permitted use in each of the following subareas: 1 and 2. Any additional convenience store must apply for a conditional use permit.10, 11
Pharmacy establishments with or without drive-through (subject to Ch. 17.655). Limited to one such use in each of the following subareas: 1 and 2. Any additional drive-through must apply for a conditional use permit	P	P
Gas stations, with or without car wash and/or convenience store. Limited to one such use in one of the following subareas: 1 or 2. Any additional gas station must apply for a conditional use permit	P	P
Pet and pet supply stores12	P	P
Restaurants13(with or without beer and wine sales)14	P	P
Restaurants with full kitchen and bar as secondary use16(limited to one restaurant as a permitted use in each of the following subareas: 1 and 2. Any additional restaurants with	P	P

LAND USES3	Commercial	Commercial	Residential	Residential	Park and Water Quality	Park and Water Quality
	Subarea 1	Subarea 2	Subarea 3	Subarea 6	Subarea 4	Subarea 5
secondary bar use must apply for a conditional use permit)
Convenience restaurants with or without drive- through service.16 Limited to one such use in each of the following subareas: 1 and 2. Any additional drive-through must apply for a conditional use permit (subject to Ch. 17.655)	P	P
Specialty merchandise, convenience sales and commercial services17	P	P
Temporary parking lot display and/or sale areas18	P	P
Outdoor display, dining, and/or sale of merchandise19	P	P
Commercial uses which may or may not manufacture their primary product on the premises20	P	P
Business, institutional, administrative, fnancial, and professional ofces21	P	P
Research and development facilities22	P	P
Wholesale showrooms and distribution centers	P	P
Alternative fuel stations	P	P
Residential Uses23

LAND USES3	LAND USES3	Commercial	Commercial	Residential	Residential	Park and Water Quality	Park and Water Quality
		Subarea 1	Subarea 2	Subarea 3	Subarea 6	Subarea 4	Subarea 5
Small lot single-family homes (min. lot size: 3,375 sq. ft.24)				P	P
Park Uses
Parks25				P	P	P	P
Notes:
1	All proposed developments are to be consistent with the adopted Sciortino Ranch design guidelines, as applicable, for each permitted land use. Land uses that are similar in nature and operation to those uses identifed within the land use matrix are acceptable subject to approval by the community development director. The decision of the community development director is subject to appeal in accordance with Brentwood Municipal Code (BMC) Chapter 17.880.
2	"C" notes uses that are required to undergo a conditional use permit process (per BMC Chapter 17.830).
3	Physical design is to adhere to this chapter and the adopted Sciortino Ranch design guidelines, subareas are specifcally designed to respond to any existing adjacent development by incorporating like densities, uses, or park bufers.
4	Mini-storage or warehouse with or without a resident manager's dwelling unit.
5	Including by way of example, but not limited to, warehouses, controlled manufacturing and assembly, printing or lithography production establishments, plastic fabrication, electronic and electrical product and instrument manufacturing, garment manufacturing, furniture making, upholstering, food processing and similar uses.
6	With on-site sale of beer, wine, or distilled spirits, including establishments which ofer food as a secondary use, entertainment and/or dancing.
7	Liquor stores including by way of example, but not limited to, establishments that sell primarily beer, wine, or distilled spirits.
8	Including automobile, motorcycle, recreational vehicle and boat sales, agricultural vehicle, equipment and farm implements sales, and similar establishments.
9	Including, but not limited to, cabinetry, countertop, and sheet metal fabrication shops.
10	Convenience store alcoholic beverage sales shall not exceed forty percent of total beverages ofered and no individual containers of beer may be sold greater than twenty-four ounces.
11	Sale of newspapers, periodicals, magazines, or other print, analog, or digitally reproduced materials that includes pornographic images is expressly prohibited.
12	Including on-site veterinary clinics, excluding boarding of pets.
13	Including by way of example, but not limited to, full-service sit-down restaurant establishments.

Notes:
14	Prior to the issuance of a tenant improvement permit, a copy of the foor plan shall be provided for the review and approval of the Brentwood police department specifcally identifying where all alcoholic beverages will be stored or displayed and how distribution will be controlled. A sign stating that open alcohol containers shall not be removed from designated areas shall be conspicuously displayed within the restaurant to the satisfaction of the Brentwood police department. Tables shall be bussed immediately following vacancy in order to ensure that all open alcoholic containers are removed from the seating area.
15	The following regulations apply to any restaurant: Prior to the issuance of a tenant improvement permit, a copy of the foor plan shall be provided for the review and approval of the Brentwood police department specifcally identifying where all alcoholic beverages will be stored or displayed and how distribution will be controlled. A sign stating that open alcohol containers shall not be removed from the premises shall be conspicuously displayed within the restaurant to the satisfaction of the Brentwood police department. Tables shall be bussed immediately following vacancy in order to ensure that all open alcoholic containers are removed from the seating area. Expressly excludes dancing type uses. Secondary bar uses have limited hours of operation eleven a.m. to midnight. Bar area not to exceed thirty percent of restaurant foor area (excluding ofce or kitchen area). Restaurant with secondary bar use shall not be permitted within two hundred feet of a residential use or residential zone.
16	Including by way of example, but not limited to, sandwich shops or fast-food establishments.
17	Including by way of example, but not limited to, specialty foods, delicatessen, bakery, pastry, candy, ice cream, butcher, meat market, wine, tobacco, apparel, jewelry, cosmetics, stationery, shoes and shoe repair, kitchenware, motor vehicle parts, agricultural equipment and farm implements, hobby, specialty interest stores, barbershop, beauty shop, hair salon, laundry, dry cleaning, laundromat, electronic, appliance sales and repair, watch and clock repair, tanning studio, small equipment rental and repair, real estate sales and rental, title and escrow services, architectural, engineering, legal and accounting services, insurance agency, employment agency, outpatient medical, dental and optical services, technology access center, telecommuting center, addressing, post box and mailing service, blueprinting, photostating and desktop publishing and printing services, drafting service, messenger service, stenographic service, answering service, private postal box service, travel agency, bank branch, ATM facility, and similar establishments.
18	Requires approval of a temporary use permit per BMC Chapter 17.850.
19	If outdoor display, dining, and/or sales areas are proposed post formal design review and/or development of a subject building then either: (a) BMC Section 17.900.009 shall apply for uses proposed on private property, or (b) BMC Section 17.900.005 shall apply for uses proposed in the public right-of-way (excluding any downtown zone specifc regulations).
20	Including, but not limited to, drapery or upholstery shop and similar establishments.
21	Including, but not limited to, large-scale single and/or multi-tenant ofce uses, such as medical ofces, trade schools, colleges, public and quasipublic ofces, library, post ofce and utility ofce.
22	Including by way of example, but not limited to, research, ofce, support and associated warehouse areas.

Notes:
23	Keeping of domestic animals or pets subject to BMC Chapter 17.670.
24	Single-family lots along the northern and southern project boundaries shall be a minimum of four thousand square feet.
25	Parkland areas are subject to park size minimums described within the adopted Sciortino Ranch design guidelines. Park credits are also described in the design guidelines. Parks are allowed in all subareas per the guidelines with specifed park areas located in Subareas 3, 4, 5 and 6. Park subarea borders are fexible to accommodate future development designs that better integrate park land use edges.

(Ord. 871 § 2, 2009; Ord. 899 § 8, 2012; Ord. 962 § 2, 2016; Ord. 991 § 4, 2017; Ord. 1013 § 2, 2020; Ord. 1078, 12/10/2024; Ord. 1083, 2/25/2025; Ord. 1087, 8/12/2025; Ord. 1089, 10/14/2025)

==> picture [519 x 676] intentionally omitted <==

(Ord. 871 § 2, 2009; Ord. 962 § 2, 2016; Ord. 1013 § 2, 2020)

The Sciortino Ranch design guidelines, as adopted by the city council, are herein incorporated by reference as Exhibit "A" to the ordinance codified in this chapter and are intended to be used in the review of all development projects within the PD-55 zone.

(Ord. 871 § 2, 2009; Ord. 962 § 2, 2016; Ord. 1013 § 2, 2020)

Chapter 17.506 PD-56 (PLANNED DEVELOPMENT FIFTY-SIX) ZONE (§ 17.506.001 – § 17.506.009)

The authority, purpose and intent for the adoption of the PD-56 (planned development fifty-six) zone are as follows:

A.

Authority. The PD-56 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-56 zone is to establish, permit and regulate the development of industrial uses on approximately 32.5 acres currently designated as "industrial" by the city of Brentwood general plan. "Industrial" zoned areas are intended to reserve appropriately located areas for various and compatible types of industrial uses and related activities and to protect areas appropriate for industrial uses from intrusion by residential and other inharmonious uses.

C.

Intent. In order to implement the development of "industrial" uses identified in the city of Brentwood general

plan for the PD-56 zone, said zone shall be divided into three subareas as geographically designated in Section 17.506.009, and as further described below. The primary character of the area is intended to be a mix of light, medium and heavy industrial uses.

1.

Subarea A. This area consists of 5.6± acres intended for light industrial uses, indoor recreational uses and a limited amount of retail and restaurant uses intended to serve on-site businesses, users of the adjacent sports park and nearby residents.

2.

Subarea B. This area consists of 8.6± acres intended for light to medium industrial uses.

3.

Subarea C. This area consists of 14.6± acres intended for light, medium and heavy industrial uses. (Ord. 881 § 2, 2010)

The following uses are permitted within the designated subareas:

A.

Subarea A. All uses shall be conducted indoors unless otherwise noted:

1.

Light industrial uses including, but not limited to:

a.

Commercial laundromat and commercial dry cleaning establishments,

Printer and copier establishments,

Automobile repair or service,

Auto body repair and service, including painting,

e.

Welding shop,

f.

Biotechnology research, development and production operations, including cosmetic, drug, medicinal and pharmaceutical products,

g.

Appliance repair,

h.

Cabinet, woodworking, drapery, or upholstery shops; furniture manufacturing or assembly uses, i.

Glass and window services,

j.

Photographic equipment and supplies,

k.

Special trades,

l.

Small scale manufacturing and assembly plants,

m.

Light fabricating services,

n.

Laboratories, commercial testing, research and experimental,

o.

Manufacturing of scientific, analytical, optical, medical, and dental goods, apparatus, measuring and controlling instruments,

p.

Professional, scientific and precision equipment,

q.

Construction-related sales, contractors, suppliers, services and industries, except heavy construction and equipment:

i.

Building and carpentry,

ii.

Irrigation,

iii.

Plumbing,

iv.

Electrical,

v.

HVAC,

vi.

Landscaping except for plant nursery supplies which require a conditional use permit, vii.

Engineering,

Warehouse, distribution, shipping and wholesale of materials and equipment of an industrial, automotive, fabrication, manufacturing and construction nature;

2.

Outdoor storage, holding, display, manufacturing and distribution area(s) and construction yards not exceeding screen/fencing heights or with interior contents that cannot otherwise be seen from ground level to six feet above ground level shall be allowed for subarea A permitted uses;

3.

A maximum of six thousand square feet for restaurant uses. A microbrewery is allowed in conjunction with a primary restaurant use;

4.

Similar uses subject to the determination of the community development director. B.

Subarea B. All uses shall be conducted indoors unless otherwise noted:

1.

Uses permitted in subarea A, except restaurants;

2.

Medium industrial uses including related outdoor storage:

a.

Public and private utility facilities and equipment or power distribution equipment, b.

Utility equipment buildings,

c.

Commercial printing and publishing,

d.

Building materials manufacture and assembly, excluding production of asphalt, cement,

Computer and electronic manufacturing,

f.

Battery manufacture and assembly,

g.

Manufacturing and assembly of boats or other equipment,

h.

Microbreweries (no onsite retail consumer tasting rooms or retail sales),

i.

Stone, porcelain, clay and glass product manufacturing, fabrication and assembly,

j.

Non-meat/fish food processing and food product manufacturing, storage and distribution; commercial bakeries,

k.

Recreational vehicle, boat, medium-and heavy-truck, and tractor-trailer engine and machinery repair, l.

Industrial and farm equipment repair and rental,

Machine shop;

Similar uses, subject to the determination of the community development director.

C.

Subarea C. All uses shall be conducted indoors unless otherwise noted:

1.

Uses permitted in subareas A and B, except restaurants;

2.

Heavy industrial uses including related outdoor storage:

a.

Uses which by the nature of their operation can generate noise, dust, fumes, heat, glare, vibrational activities and frequent heavy truck traffic,

b.

Machine shops, not including drop hammers, automatic screw machines or punch presses with a rated capacity of over twenty tons,

c.

Metal container manufacture and assembly and metal finishing and plating,

d.

Motor and generator manufacture and assembly,

e.

Paper product manufacture and assembly,

f.

Distilleries and wineries (no on-site retail consumer tasting rooms or retail sales),

g.

Freight forwarding terminals, transit yards and trucking terminals,

h.

Plastics manufacture, fiberglass molding and assembly,

Rubber products manufacture and assembly,

j.

Linoleum or oil cloth manufacture and assembly,

k.

Graphite and graphite process manufacture and assembly,

l.

Agriculture and industrial organic or inorganic chemicals and fertilizer,

m.

Indoor and outdoor towing and temporary storage of inoperable or abandoned vehicles on twenty-four hour on-call basis,

n.

Above-ground diesel, gas or petroleum storage tank, compliance with EPA regulations and standards, to service on-site fleet only;

3.

Similar uses, subject to the determination of the community development director. (Ord. 881 § 2, 2010)

The following uses are conditionally permitted subject to securing a conditional use permit pursuant to Chapter 17.830:

A. Subarea A.

1.

Light industrial uses partially or fully conducted outside a building for permitted uses allowed in enclosed buildings in subarea A;

2.

Outdoor storage, holding, display, manufacturing, construction and distribution area(s) exceeding screen heights or with interior contents that can otherwise be seen from ground level of public right-of-way; 3.

Indoor recreational facilities such as, a dance studio, gymnastics facility, karate or fitness facility including ancillary daycare facilities;

4.

Other uses as provided in Section 17.450.004, except those uses prohibited in Section 17.506.004. B.

Subarea B.

1.

Uses conditionally permitted in subarea A, except indoor recreational uses;

2.

Medium industrial uses partially or fully conducted outside a building for permitted uses allowed in enclosed buildings;

3.

Other uses as provided in Section 17.450.004, except those uses prohibited in Section 17.506.004. C.

Subarea C.

1.

Uses conditionally permitted in subareas A and B, except indoor recreational uses; 2.

Heavy industrial uses partially or fully conducted outside a building for permitted uses allowed in enclosed buildings;

3.

Heavy industrial uses including related outdoor storage:

a.

Gravel, rock and cement yards,

b.

Asphalt and asphalt product manufacture and assembly,

c.

Concrete batching facility, cement product manufacturing,

d.

Dismantlers of motor vehicles,

e.

Meat or fish product processing and packaging, excluding slaughtering and glue manufacture, f.

Steel and structural steel product manufacture,

Metal container manufacture and assembly and metal finishing and plating, sheet metal,

Lumber milling operation, truss and beam manufacturing,

i.

Painting, enameling and lacquering shops and manufacturing,

j.

Chemicals and allied products,

k.

Detergents and cleaning preparations,

l.

Textile and fabric manufacturing, bleaching, or processing,

Metal casting and foundries,

n.

Motor testing of internal combustion engines,

o.

Building materials manufacture and assembly pipe, tile and concrete block manufacturing,

p.

Heavy construction and equipment,

q.

Recycling plants: storage, sorting, collecting or baling of iron, junk, paper, rags, or scrap metal within a completely enclosed structure,

r.

Rental storage of recreational vehicles, boats, trailers and any other vehicle storage facility or mini-storage of personal property (subject to Chapter 17.755);

4.

Other uses as provided in Section 17.450.004, except those uses prohibited in Section 17.506.004.

(Ord. 881 § 2, 2010; Ord. 1087, 8/12/2025)

The following uses shall be prohibited in subareas A, B and C unless otherwise noted:

Financial institutions such as:

Banks,

b.

Savings and loan institutions,

c.

Check cashing companies,

Mortgage companies, and

Credit unions;

Business services such as:

Law firms,

Accountants,

Employment agencies,

Insurance companies,

e.

Real estate brokerages, and

f.

Medical and dental offices;

3.

Vehicle and boat sales;

4.

Restaurants and establishments serving and selling drinks and/or food are prohibited in subareas B and C; 5.

Indoor and outdoor animal kennels, animal shelters and veterinary services; 6.

Outdoor recreational and sports facilities and uses, unless otherwise required by the state of California for an ancillary daycare facility;

7.

Indoor recreational and sports facilities such as a dance studio, gymnastics facility, batting cages, and karate or fitness facilities are prohibited in subareas B and C;

8.

Personal services including, but not limited to, the following:

Beauty salons,

b.

Barber shops,

c.

Nail salons,

Food markets, and

e.

Health and day spas;

9.

Assemblage of religious, nonsecular and secular organizations and associations, and educational facilities including center-based child or daycare facilities;

Petroleum refining and related businesses including gasoline and diesel service stations; 11.

Explosives and pyroxyline or related materials;

Slaughtering, glue and stockyard operations. (Ord. 881 § 2, 2010) The following regulations shall apply to all sub-areas as described below:

Subarea A.

1.

Minimum lot area: One-half acre;

2.

Minimum lot width: One hundred feet;

3.

Minimum building or storage front yard setback: Twenty feet;

4.

Minimum building or storage side yard setback: On the street side of a corner site, the side yard shall be not less than twenty feet. Interior side yards shall be five feet for buildings and one foot for outdoor storage;

5.

Minimum building and storage rear yard setback: Five feet for buildings and one foot for outdoor storage; 6. Maximum building height: Twenty-four feet.

Subarea B.

1.

Minimum lot area: One-half acre; 2. Minimum lot width: One hundred feet;

3.

Minimum building and storage front yard setback: Twenty feet;

4.

Minimum building and storage side yard setback: Five feet for buildings and one foot for storage; 5.

Minimum building and storage rear yard setback: Ten feet for buildings and one foot for storage; 6. Maximum building height: Two stories, not to exceed thirty-five feet. C.

Subarea C.

1.

Minimum lot area: One acre (gross acreage); 2. Minimum lot width: One hundred feet; 3. Minimum building and storage front yard setback: Twenty feet;

4.

Minimum building and storage side yard setback: Five feet for buildings and one foot for storage; 5.

Minimum building and storage rear yard: Five feet for buildings and one foot for storage; 6.

Maximum building height: Two stories, not to exceed thirty-five feet. Equipment, towers and nonbuilding structures shall have a maximum height of seventy-two feet.

(Ord. 881 § 2, 2010)

The following standards shall be applicable to all uses, except expressly provided for otherwise within the regulations of each individual zone:

A.

Except where modified in Section 17.506.006, all uses within proposed subareas A, B and C shall comply with Chapters 17.200 and 17.300.

B.

Off-street parking shall be in accordance with Chapter 17.620.

C.

Landscaping for parking lots and yard setbacks shall be provided in accordance with Chapter 17.630.

D.

Screening of parking areas accessible to the public is required. Screening of interior storage and private vehicle and truck parking shall be provided in accordance with Chapter 17.630.

E.

Design and site development review of all new structures within each subarea shall comply with Chapter 17.820. Architectural and site plan review shall confirm conformance with these PD standards. Standards suitable for industrial buildings and uses will be used in determining the acceptability of proposed building types and architecture.

F.

Refuse Container Enclosure. All industrial facilities shall provide refuse disposal enclosures. The applicant shall submit to the solid waste division for review and approval, detailed copies of their solid waste enclosure plans, along with a completed and signed solid waste plan guide and enclosure standards. This can be located in the city of Brentwood standard plans and specifications. Any changes must be re-approved by the solid waste division. The enclosure location and design must be accessible to the automated trash service the city provides and the exterior materials of the enclosure shall be consistent with the exterior materials of the adjacent and/or surrounding buildings.

G.

Storage Areas. All open storage areas shall be screened and surrounded with a minimum six-foot to a maximum eight-foot high view-obscuring fence. No storage shall exceed the height of the fence in subarea A without a conditional use permit. Masonry walls shall be utilized for screening uses within subarea A while chain link with view-obscuring slats or fencing materials other than wood, and landscaping may be used for screening uses in subareas B and C.

H.

All signs are subject to the regulations of Chapter 17.640 and shall be subject to administration review. No off site signage is allowed.

I.

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

J.

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

K.

All industrial facilities shall, to the greatest extent possible, utilize recycled water for landscape irrigation or other controlled use in conformance with standards set forth by the city and per Title 22 of the California Code of Regulations.

L.

Standard commercial and industrial building materials, prefabricated metal buildings or concrete tiltup buildings having concrete tile, metal tile or asphalt shingle roofing material shall be allowed in subareas A, B, and C. Exterior metal sided buildings are not allowed in subarea A. (Ord. 881 § 2, 2010)

A.

Noise. All uses shall comply with current noise limits in Chapter 9.32 of city of Brentwood Municipal Code and with requirements contained in the Sunset Industrial Complex Environmental Impact Report.

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 property lines;

2.

Any operation or activity in subareas A and B producing glare shall be performed within a completely enclosed building and be conducted so that direct and indirect illumination from the source of light shall not result in illumination in excess of one-half foot candle when measured at the property 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 property lines. 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 property line. This does not prohibit the use of cooling towers that do not alter humidity at ground level at the property line.

C.

Vibration. Any industrial operation or activity, which shall cause at any time and at any point along the property line of the subject use, earth-borne vibrations that are discernible without the use of instruments is prohibited.

D.

E.

Soundproofing. Minimum soundproofing shall be required in onsite and off site buildings affected by noise from the industrial park. Permanent and/or temporary soundproofing shall also be required to reduce noise levels of any use to specified limits.

F.

Solid and Liquid Waste.

1.

Discharge at any point into public sewer, storm drain system, stream or into the ground shall be done only in accordance with the standards approved by the State Department of Health, and standards specified in applicable local ordinances. This applies to discharge of any materials of such nature or temperature, which 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 outdoors only in closed containers;

4.

Any use which generates liquid waste including sewage or storm water with greater quantities, levels of pollutants, temperatures, or biological loadings than for a typical commercial building of similar size shall have such discharges subject to approval by the city engineer.

G.

Electrical and Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance 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 Quality Management District.

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, unless permitted by a conditional use permit.

3. (Ord. 881 § 2, 2010)

The purpose of this section is to regulate and limit the continued existence of uses established prior to the enactment of this chapter, or any amendments that do not conform to the provisions of this chapter. A.

Following the adoption date of the amendment to this chapter:

1.

All nonconforming uses shall have a maximum of eighteen months to apply for and receive approval of a conditional use permit in order to continue operating within the Sunset Industrial Complex.

2.

All prohibited uses shall have a maximum of thirty-six months to relocate out of the Sunset Industrial Complex.

B.

A nonconforming use shall not be significantly expanded or enlarged, or be changed to any other use unless the new use conforms to the provisions of this chapter.

(Ord. 881 § 2, 2010)

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(Ord. 881 § 2, 2010)

Chapter 17.508 PD-58 (PLANNED DEVELOPMENT FIFTY-EIGHT) ZONE (§ 17.508.001 – § 17.508.005)

The authority, purpose and intent for the adoption of PD-58 (planned development fifty-eight) zone are as follows:

A.

Authority. PD-58 is adopted pursuant to the authority set forth in Chapter 17.450 Planned Development Zones—General Regulations.

B.

Purpose. The boundary of the PD-58 zoning district is as shown on the map in Section 17.508.505. The purpose of the planned development fifty-eight zone is to permit and regulate the development of multifamily units in accordance with the Brentwood general plan.

C.

Intent. It is intended that in order to achieve the purpose of the planned development fifty-eight zone, that the development of the parcels will be undertaken in accordance with the Brentwood general plan as follows: 1.

A maximum of twenty dwelling units per acre will be developed within the subarea;

2.

Lot sizes of a minimum of six thousand square feet will be created.

(Ord. 857 § 2, 2008)

A.

Duplex, triplex, apartments and other small multifamily structures; townhouses and single-family attached homes;

B.

Rooming and boarding subject to Section 17.650.003;

C.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

D.

Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Chapter 17.850;

E.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

F.

The keeping of domestic animals or pets subject to Chapter 17.670;

Signs subject to Chapter 17.640;

H.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

I.

(Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

A.

Public facilities including parks, playgrounds, public schools and other public buildings;

B.

Churches and religious institutions and parochial or private schools;

C.

D.

Dog fancier's license in accordance with the provisions of Section 17.670.009.

(Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

A.

Minimum lot area: Six thousand square feet;

B.

Minimum lot width: Sixty feet;

C.

Minimum front yard: Ten feet for two-story structures, ten feet for one-story structures.

D.

Minimum side yards: Five feet, the sum of both sides, fifteen feet;

E.

Minimum rear yard: Ten feet;

F.

Maximum building height: No main building shall exceed a height of two stories and thirty feet; G.

Maximum lot coverage: Fifty percent;

H.

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

I.

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

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

K.

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

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660. (Ord. 857 § 2, 2008)

==> picture [519 x 653] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.509 PD-59 (PLANNED DEVELOPMENT FIFTY-NINE) ZONE (§ 17.509.001 – § 17.509.011)

The authority, purpose and intent for the adoption of the PD-59 (planned development fifty-nine) zone are as follows:

A.

Authority. PD-59 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-59 zone is to permit and regulate the orderly development of the area shown as the development plan and related exhibits in accordance with the Brentwood General Plan for a maximum of two hundred seventy-six lots. The PD-59 area is divided into six subareas as shown on the development plan and related exhibits.

C.

Intent. The zoning district is intended to provide a neighborhood with a mix of single-family homes on various lots sizes, recreational amenities and open space in conformance with the adopted general plan. The boundaries of the PD-59 zoning district and its subareas are as shown on the map in Section 17.509.011. (Ord. 857 § 2, 2008; Ord. 915 § 2, 2013)

Subarea A:

1.

Single-family dwelling units;

Parks, playgrounds and recreation trails;

3.

Rooming and boarding subject to Section 17.650.003;

4.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

5.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

6.

The keeping of domestic animals or pets subject to Chapter 17.670;

7.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

8.

B.

Subarea B (duet lots):

Single-family attached dwelling units;

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

3.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

4.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

5.

The keeping of domestic animals or pets subject to Chapter 17.670;

6.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

7.

C.

Subarea C:

1.

Single-family dwelling units;

2.

Recreation trails;

3.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

4.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

5.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

6.

The keeping of domestic animals or pets subject to Chapter 17.670;

7.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

8.

D.

Subarea D:

1.

Single-family dwelling units;

Parks, playgrounds and recreation trails;

Rooming and boarding subject to Section 17.650.003;

4.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

5.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

6.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

7.

The keeping of domestic animals or pets subject to Chapter 17.670;

8.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

9.

E.

Subarea E:

1.

Single-family dwelling units;

2.

Parks, playgrounds and recreation trails;

3.

Rooming and boarding subject to Section 17.650.003;

4.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

6.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

The keeping of domestic animals or pets subject to Chapter 17.670;

8.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

9.

F.

Subarea F:

1.

Single-family dwelling units;

Rooming and boarding subject to Section 17.650.003;

3.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

4.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

5.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

6.

The keeping of domestic animals or pets subject to Chapter 17.670;

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

8.

(Ord. 857 § 2, 2008; Ord. 915 § 2, 2013; Ord. 1084, 3/11/2025) A.

Subarea A:

1.

Churches and religious institutions and parochial or private schools;

Nursery, childcare, day care center.

Subarea B (duet lots):

1.

Nursery, childcare, day care center.

Subarea C:

1.

Nursery, childcare, day care center. D.

Subarea D:

1.

Nursery, childcare, day care center. E.

Subarea E:

Nursery, childcare, day care center. F.

Subarea F:

Nursery, childcare, day care center.

(Ord. 857 § 2, 2008; Ord. 915 § 2, 2013)

A.

Minimum lot area: Ten thousand square feet;

B.

Minimum lot width: Seventy feet except for lots on culs-de-sac, knuckles or curvilinear streets that shall be forty feet at the front property line;

C.

Minimum lot depth: One hundred thirty-five feet;

D.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for turned garage and living space, and twelve feet for front porches measured to front of property line; E.

Minimum side yard setback: Eight feet and a total of twenty feet for both sides. For corner lots the street side yard shall be a minimum of ten feet;

F.

Minimum rear yard setback: Twenty feet for main residence and five feet for detached living areas; G.

Maximum building height: Thirty feet and two stories for main residence and sixteen feet and one story for detached living areas;

H.

Maximum lot coverage: Forty percent for main residence and detached living area;

I.

Maximum number of lots: Eighty. (Ord. 857 § 2, 2008; Ord. 915 § 2, 2013)

A.

Minimum lot area: Six thousand square feet; B.

Minimum lot width: Fifty-five feet;

C.

Minimum lot depth: One hundred thirty feet;

D.

Minimum front yard setback: Fifteen feet;

E.

Minimum side yard setback: Zero feet and a total of ten feet for both sides. For corner lots the street side yard shall be a minimum of ten feet;

F.

Minimum rear yard setback: Zero feet—unit is attached;

G.

Maximum building height: Thirty feet and two stories;

H.

Maximum lot coverage: Forty-five percent for single-story unit; forty percent for two-story units; I.

Maximum number of lots: Four. (Ord. 857 § 2, 2008; Ord. 915 § 2, 2013)

Minimum lot area: Four thousand two hundred square feet;

B.

Minimum lot width: Forty-two feet;

C.

Minimum lot depth: One hundred feet;

D.

Minimum lot frontage: Forty feet all lots on culs-de-sac, knuckles or curvilinear streets at front property line;

E.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for turned garages and living space, and twelve feet for front porches;

F.

Minimum side yard setback: Zero feet—and a total of ten feet for both sides. For corner lots the street side yard shall be a minimum of ten feet;

G.

Minimum rear yard setback: Fifteen feet;

H.

Maximum building height: Thirty feet;

I.

Maximum lot coverage: Forty percent for two-story units;

J.

Maximum number of units: Eighteen. (Ord. 857 § 2, 2008; Ord. 915 § 2, 2013) A. Minimum lot area: Six thousand square feet; B.

Minimum lot width: Sixty feet; C.

Minimum lot depth: One hundred feet;

D.

Minimum lot frontage: Forty-five feet for lots on culs-de-sac, knuckles or curvilinear streets at front property line;

E.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for turned garages and living space, and twelve feet for front porches;

F.

Minimum side yard setback: Five feet and for corner lots the street side yard shall be a minimum of ten feet; G.

Minimum rear yard setback: Twenty feet and five feet for detached garages;

H.

Maximum building height: Thirty feet;

I.

Maximum lot coverage: Forty-five percent for single-story unit; forty percent for two-story units; J.

Maximum number of units: One hundred fifteen. (Ord. 857 § 2, 2008; Ord. 915 § 2, 2013)

Minimum lot area: Seven thousand square feet;

B.

Minimum lot width: Sixty feet;

C.

Minimum lot depth: Ninety-five feet except on culs-de-sac where the minimum is eighty-five feet;

D.

Minimum lot frontage: Forty feet for lots on culs-de-sac, knuckles or curvilinear streets at the front property line;

E.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for turned garages and living space, and twelve feet for front porches; F.

Minimum side yard setback: Five feet and for corner lots the street side yard shall be a minimum of ten feet; G. Minimum rear yard setback: Twenty feet; H. Maximum building height: Thirty feet; I. Detached living unit rear setback: Five feet; J. Detached living unit side setback: Five feet; K. Maximum lot coverage: Forty percent; L. Maximum number of units: Thirty-five. (Ord. 857 § 2, 2008; Ord. 915 § 2, 2013) A.

Minimum lot area: Eight thousand square feet;

B.

Minimum lot width: Seventy feet;

C.

Minimum lot depth: One hundred feet;

D.

Minimum lot frontage: Forty feet for lots on culs-de-sac, knuckles or curvilinear streets at the front property line;

E.

Minimum front yard setback: Twenty feet for street facing garages, fifteen feet for turned garages and living space and twelve feet for front porches;

F.

Minimum side yard setback: Five feet and for corner lots the street side yard shall be a minimum of ten feet; G.

Minimum rear yard setback: Twenty feet;

H.

Maximum building height: Thirty feet;

Detached living unit rear setback: Five feet;

J.

Detached living unit side setback: Five feet;

K.

Maximum lot coverage: Forty percent;

L.

Maximum number of units: Twenty-four. (Ord. 857 § 2, 2008; Ord. 915 § 2, 2013)

A.

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

B.

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

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

D.

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

Architectural features may project into any required yard pursuant to the provision of Chapter 17.660 with the exception that no feature may project into the maximum front yard setback.

F.

The development of this zoning district shall be substantially in accordance with the approved development plans. Variations in the development plans including street and lot pattern may be approved through the subdivision map process.

(Ord. 857 § 2, 2008; Ord. 915 § 2, 2013)

==> picture [519 x 643] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.510 PD-60 (PLANNED DEVELOPMENT SIXTY) ZONE (§ 17.510.001 – § 17.510.005)

The authority, purpose, and intent for the adoption of the PD-60 (planned development number sixty) zone are as follows:

A.

Authority. The PD-60 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-60 zone is to permit and regulate the orderly development of 46.64 acres located generally at the southwest corner of Lone Tree Way and the future O'Hara Avenue extension with very low and low density residential uses in accordance with the Brentwood general plan.

C.

Intent. The intent of creating the PD-60 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties. The boundaries of the PD-60 zoning district and its subareas are as shown on the map in Section 17.510.005.

(Ord. 857 § 2, 2008)

The following uses are permitted in the PD-60 zone:

Those uses permitted under the R-1 zoning district in Title 17.

(Ord. 857 § 2, 2008)

Upon obtaining a Conditional Use Permit pursuant to Chapter 17.830, the following uses are permitted: A.

Those uses conditionally permitted under the R-1 zoning district in Title 17.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses developed within the PD-60 zone, subarea A, shall comply with the following regulations:

(Ord. 857 § 2, 2008) Upon obtaining a Conditional Use Permit pursuant to Chapter 17.830,the following uses are permitted: A. Those uses conditionally permitted under the R-1 zoning district in Title 17. (Ord. 857§2,2008)
All permitted and conditionally permitted uses developed within the PD-60 zone, subarea A, shall comply with the following regulations:
A.	Minimum lot size: Ten thousand square feet;
B.	Minimum lot width: Eighty feet;
C.	Minimum lot depth: One hundred feet;
D.	Minimum lot frontage: One-half the required lot width;
E.	Minimum front yard setback: Twenty feet;
F.	Minimum side yard setback: Ten feet;
G.	Minimum rear yard setback: Twenty feet;
H.	Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660;
I.	Maximum building height: Thirty feet and two stories;
J.	Side loading garage: Ten percent of the lots shall have side-loading garages;
K.	A minimum of twenty-fve percent of the lots shall have single-story units;

L.	Fifty percent of the corner lots shall have single-story units;
M.	Maximum lot coverage: Forty percent.
All permitted and conditionally permitted uses developed within the PD-60 zone, subarea B, shall comply with the following regulations:
A.	Minimum lot size: Nine thousand square feet;
B.	Minimum lot width: Seventy-fve feet;
C.	Minimum lot depth: One hundred twenty feet, except that lots on culs-de-sac shall have a minimum depth of one hundred fve feet;
D.	Minimum lot frontage: Thirty-fve feet at the front property line for lots on culs-de-sac, knuckles, or curvilinear streets;
E.	Minimum front yard setback: Twenty feet (ffteen feet for porches);
F.	Minimum side yard setback: Ten feet;
G.	Minimum rear yard setback: Fifteen feet for single-story elements and twenty feet for two-story elements;
H.	Maximum building height: Thirty feet and two stories;
I.	Corner lot fence setback: Five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of this title;
J.	Side-entry garage: Ten percent of the lots shall have side-entry garages;
K.	A minimum of thirty-fve percent of the lots shall have single-story units at the time of initial construction;
L.	Fifty percent of the corner lots shall have single-story units at the time of initial construction;
M.	Maximum lot coverage: Forty-fve percent for single-story plans and forty percent for two-story plans;
N.	Maximum number of primary dwelling units: Eighty-seven.

(Ord. 857 § 2, 2008)

==> picture [519 x 660] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.511 PD-61 (PLANNED DEVELOPMENT SIXTY-ONE) ZONE (§ 17.511.001 – § 17.511.007)

The authority, purpose, and intent for the adoption of the PD-61 (planned development sixty-one) zone are as follows:

A.

Authority. The PD-61 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-61 zone is to permit and regulate the orderly development of 5.81 acres located generally between Sycamore Avenue and Spruce Street, east of Brentwood Boulevard, with high density residential uses in accordance with the Brentwood general plan, for a maximum of fifty-three lots. The area is divided into two subareas as shown on the subarea map.

C.

Intent. The intent of creating the PD-61 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties. The boundaries of the PD-61 zoning district and its subareas are as shown on the map in Section 17.511.007.

(Ord. 857 § 2, 2008)

C. Intent. The intent of creating the PD-61 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties. The boundaries of the PD-61 zoning district and its subareas are as shown on the map in Section 17.511.007. (Ord. 857§2,2008)

Subarea A:
A.	Single-family dwelling units not exceeding a density of ffteen and a half dwelling units per gross acre;
B.	Recreational trails;
C.	Rooming and boarding subject to Section 17.650.003;
D.	Temporary uses related to the primary use and subject to obtaining a temporary use permit subject to Chapter 17.850;
E.	Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
F.	The keeping of domestic animals or pets subject to Chapter 17.670;
G.	Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone; and
H.	Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5,shall be subject only to the same requirements as other residential uses within the same zone.
Subarea B:
A.		Single-family dwelling units not exceeding a density of ffteen and a half dwelling units per gross acre;
B.		Parks, playgrounds, and recreational trails;
C.		Rooming and boarding subject to Section 17.650.003;

D.	Temporary uses related to the primary use and subject to obtaining a temporary use permit subject to Chapter 17.850;
E.	Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
F.	The keeping of domestic animals or pets subject to Chapter 17.670;
G.	Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone; and
H.	Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5,shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 857§2,2008; Ord. 1084,3/11/2025)
Subarea A:
A.	Conditionally permitted uses are those uses identifed in Section 17.130.003 of the zoning ordinance, which are subject to the granting of a conditional use permit by the city.
B.	Nursery, child care, or day care center.
Subarea B:
A.	Conditionally permitted uses are those uses identifed in Section 17.130.003 of the zoning ordinance, which are subject to the granting of a conditional use permit by the city.
B.	Nursery, child care, or day care center.

(Ord. 857 § 2, 2008)

A.

Minimum lot area: Four thousand eight hundred square feet; B.

Minimum lot width: Sixty feet;

C.

Minimum lot depth: Eighty feet;

D.

Minimum front yard setback: Ten feet for turned garages;

E.

Minimum side yard setback: Seven feet, with an aggregate of fifteen feet (corner lots on the street side shall maintain a side yard setback of ten feet);

F.

Minimum rear yard setback: Twenty feet;

G.

Maximum building height: Thirty-one feet and two stories;

H.

Maximum lot coverage: Forty percent for all units;

Maximum number of units: Nine. (Ord. 857 § 2, 2008) A.

Minimum lot area: Two thousand three hundred seventy square feet;

Minimum lot width: Thirty feet;

C.

Minimum lot depth: Seventy-nine feet;

D.

Minimum front yard setback: Thirteen feet for living space and five feet for porches;

E.

Minimum side yard setback: Five feet (corner lots on the street side shall maintain a side yard setback of ten feet to living space and five feet to porches);

F.

Minimum rear yard setback: Six feet for garages; G.

Maximum building height: Thirty-five feet and three stories;

H.

Maximum lot coverage: Fifty percent for all units;

I.

Maximum number of units: Forty-four. (Ord. 857 § 2, 2008)

A.

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

B.

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

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

D.

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

E.

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660, with the exception that no feature may project into the minimum front yard setback.

F.

The development of this zone shall be substantially in accordance with the development plan. Variations in the development plan, including street and lot patterns, may be approved through the subdivision map process.

(Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

Chapter 17.512 PD-62 (PLANNED DEVELOPMENT SIXTY-TWO) ZONE (§ 17.512.001 – § 17.512.006)

The authority, purpose and intent for the adoption of the PD-62 (planned development sixty-two) zone are as follows:

A.

Authority. PD-62 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-62 zone is to permit and regulate the orderly development of the singlefamily detached homes and public uses in accordance with the Brentwood general plan. The boundary of the PD-62 zoning district is as shown on the map in Section 17.512.006.

(Ord. 857 § 2, 2008)

Permitted uses in the PD-62 zone are those permitted under the R-1 (single-family residential) zone, Section 17.130.002 of the zoning ordinance.

(Ord. 857 § 2, 2008)

Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance, which are subject to the granting of a conditional use permit by the city.

(Ord. 857 § 2, 2008)

The following regulations shall apply to the planned development zone:

A.

Minimum lot area: Five thousand square feet;

B.

Minimum lot width: Forty-five feet;

C.

Minimum lot depth: Eighty-five feet;

D.

Minimum lot frontage: Thirty feet;

E.

Minimum front yard: Twenty feet to the garage, ten feet to any primary building wall;

F.

Minimum side yard: Five feet. All corner lots shall maintain a minimum side yard on the street of ten feet; G.

Minimum rear yard: Fifteen feet;

H.

Maximum building height: Two stories not to exceed thirty feet;

I.

Maximum lot coverage: Forty percent. (Ord. 857 § 2, 2008)

A.

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

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

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

D.

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

E.

Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660. (Ord. 857 § 2, 2008)

==> picture [519 x 652] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.513 PD-63 (PLANNED DEVELOPMENT SIXTY-THREE) ZONE (§ 17.513.001 – § 17.513.006)

The authority, purpose and intent for the adoption of the PD-63 (planned development sixty-three) zone are as follows:

A.

Authority. PD-63 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-63 zone is to permit and regulate the orderly development of medium to high density residential uses of up to one hundred seventy-eight dwelling units. The boundary of the PD-63 zoning district is as shown on the map in Section 17.513.006.

(Ord. 857 § 2, 2008)

Permitted uses in the PD-63 zone are those permitted under R-2 (moderate density multifamily residential) zone, Section 17.140.002 of the zoning ordinance.

(Ord. 857 § 2, 2008)

Conditionally permitted uses are those uses identified in Section 17.140.003 of the zoning ordinance, which are subject to the granting of a conditional use permit by the city.

(Ord. 857 § 2, 2008)

The following regulations shall apply to the planned development sixty-three zone:

Minimum lot area: Six thousand square feet;

B.

Minimum lot width: Fifty feet;

C.

Minimum street frontage setback: Ten feet;

D.

Minimum rear yard: Twenty feet;

E.

Minimum side yard: Five feet with an aggregate of fifteen feet;

F.

Allowable dwelling units per building. The maximum number of dwelling units within an individual building shall not exceed eight;

G.

Maximum lot coverage. The main residential buildings and all accessory buildings shall not cover more than forty percent of the lot area;

H.

Maximum building height: Two-story units not to exceed thirty feet; one-story units not to exceed twenty feet. (Ord. 857 § 2, 2008)

A.

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

B.

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

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

(Ord. 857 § 2, 2008)

==> picture [519 x 648] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.514 PD-64 (PLANNED DEVELOPMENT SIXTY-FOUR) ZONE (§ 17.514.001 – § 17.514.010)

The authority, purpose and intent for the adoption of the PD-64 (planned development sixty-four) zone are as follows:

A.

Authority. PD-64 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-64 zone is to permit and regulate the orderly development of the area shown on the development plan and related exhibits in accordance with the Brentwood general plan for up to one thousand one hundred active adult single-family residential units; up to one hundred fifty executive singlefamily residential units; a recreation center; a winery with amphitheater and associated uses; a village center with civic, commercial, office, hotel lodging (B&B) senior and other multifamily residential units; a water tank and pump stations; two water quality/detention basins; and associated parks, open space and landscape parcels. In addition, this PD includes three additional areas (the PG&E site, the John Marsh House State Park site, and a future community college site) that will be defined as applicable at a later date when projects are developed. The PD-64 area then is divided into six subareas as shown on the development plan and related exhibits. The boundaries of the PD-64 zoning district and its subareas are as shown on the map in Section 17.514.010.

C.

Intent. The zoning district is intended to describe the project "The Vineyards at Marsh Creek" which will provide private distinguished neighborhoods among an agriculturally-themed landscape of vineyards and olive groves. The overall architectural style will be Tuscan, French Spanish—Mediterranean, with its historical roots in the villas and villages of the inland Coastal Spain, the Balearic Islands and the French and Italian Mediterranean regions of Provence and Tuscany. This palette will expand to include other wine regions such as Bordeaux and Rhone areas of France as well as the more California Craftsman palette of our own Napa Valley in the Custom Estate home area. The residential components include single-story active adult singlefamily homes with a central recreation center. The active adult neighborhoods will be of a density similar to the existing Summerset Development north of the site, including golf cart accessibility even though they do not back onto a golf course. In addition, there will be up to two private executive single-family neighborhoods located in close proximity to the winery and open space. The executive homes architectural style will have a more craftsman interpretation of the Mediterranean style than that of the active adult area. The winery is intended to become a distinguishing focal point for the city as a whole, and the village center is intended to serve the needs of the surrounding community, and not compete with downtown commercial activities. All uses will be in conformance with the adopted general plan with amendments. (Ord. 857 § 2, 2008)

Low density residential area with active adult neighborhoods, executive neighborhoods, a recreation center, a water tank and pump stations, storm drainage basins, parks and associated open space. A.

Permitted Uses.

1.

Single-family single-story detached for age-restricted occupancy;

Duet units for age-restricted occupancy;

3.

Single-family detached homes for non-age-restricted occupancy;

Single-family uses not exceeding a density of five dwelling units per gross acre;

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

6.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

The keeping of domestic animals or pets subject to Chapter 17.670;

Model home sales facilities;

9.

Recreation center and related facilities including clubhouse, tennis courts, swimming pools, maintenance structures and related recreation facilities; 10.

Homeowners' association recreation buildings, tennis courts, swimming pools, gatehouses, other commonuse facilities and open area;

Water tank, pump stations and associated structures; 12.

Detention basin, water quality basin and associated structures; 13.

Agricultural planting areas with vineyards and olive groves, maintenance and related structures; 14.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

Parks, playgrounds and recreational trail;

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

18.

Other uses determined by the community development department to be similar to and compatible with the preceding permitted uses.

Conditionally Permitted Uses.

Uses ancillary to a recreation center, which will serve persons other than residents of the active adult community, such as a restaurant or bar;

Other uses determined by the community development department to be similar to the ancillary use. C.

General Development Standards.

1.

Maximum Number of Units and Minimum Lot Area.

a.

Maximum Active Adult Units. A maximum of one thousand one hundred single story active adult SingleFamily dwelling units and duets shall be permitted within the lands of subarea A.

b.

Maximum Executive Units. A maximum of one hundred fifty single-family dwelling units shall be permitted within the lands of subarea A.

c.

Recreation Center. One community center which may have a distinguishing tower that exceeds thirty-five feet in height, is allowed on a centrally located approximately nine-acre site.

d.

Lot area. Minimum lot area shall be four thousand square feet for active adult single-family lots, two thousand five hundred square feet for active adult duet lots, and nine thousand square feet for executive single-family lots. A variety of lot sizes, larger than the minimums, shall be included to provide a variety of housing products and yard conditions.

e.

Setbacks, Height and Parking. Each yard setback below shall be measured from its respective property line, regardless of guest parking bays, except that measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005, Encroachments Into Required Yards.

The Vineyards at Marsh Creek Setback Criteria and Lot Coverage
Active Adult Residential	Duet Lot	48′ x 97′ Lot	58′ x 97′ Lot	72′-75′ x 97′ Lot
Minimum Frontage on a Curve/Cul-de- sac or Knuckle	18′	35′	35′	35′
A. Minimum Front Yard
1. To a garage door of a front-entry garage	18′	18′	18′	18′
2. To a wall of a side entry garage	12′	12′	12′	12′
3. To a wall of a habitable room	12′	12′	12′	12′
B. Minimum Side Yard Adjoining a Street	10′	10′	10′	10′
C. Minimum Side Yard at an Interior Lot Line
1. To a wall of a garage	0/5′	5′	5′	5′

The Vineyards at Marsh Creek Setback Criteria and Lot Coverage
Active Adult Residential	Duet Lot	48′ x 97′ Lot	58′ x 97′ Lot	72′-75′ x 97′ Lot
2. To a wall of a habitable room	0/5′	5′	5′	5′
3. To landscape structures not exceeding 6′ in height	3′	3′	3′	3′
4. Aggregate, both side yards at garage	5′	10′	10′	10′
5. Aggregate, both side yards at non- garage	5′	10′	10′	10′
6. Aggregate, both side yards at landscape walls	3′	6′	6′	6′
D. Minimum Rear Yard		8′ minimum with a 15′ average	8′ minimum with a 15′ average	8′ minimum with a 15′ average
E. Minimum Of-Street Parking Spaces
1. In a garage	2	2	2	2
2. In a driveway	2	2	2	2
F. Maximum Building Height	35′	35′	35′	35′
G. Lot Coverage(Note: all plans are single story)	Sq. Ft.	% Coverage	% Coverage	% Coverage
Plan 1	1737	37.31
Plan 2	2135	45.85
Plan 3	2221	47.70
Plan 4	2357		41.89
Plan 5	2515		44.70
Plan 6	2664		47.40
Plan 7	2966			40.77
Plan 8	3003			41.29
Plan 9	3189			43.79

Executive Single-Family Residential	9,000 SF Lot Minimum 9,000 SF Average 11,500SF (Min 70′ x 110′)	13,000 SF Lot Minimum 13,000 SF Average 17,000SF (Min 75′ x 110′)
Minimum Frontage on a Curve/Cul-de-sac or Knuckle	35′	35′
A. Minimum Front Yard
1. To a garage door of a front-entry garage	20′	20′
2. To a wall of a side entry garage	15′	15′
3. To a wall of a habitable room	15′	15′
B. Minimum Side Yard Adjoining a Street	10′	15′
C. Minimum Side Yard at an Interior Lot Line
1. Minimum/aggregate setbacks	5/15	10/20
D. Minimum Rear Yard	15′ frst foor	Lots backing onto 20′ second foor
	20′ second foor	Fairview: 20′ frst foor; 25′ second foor; other lots 25′
E. Minimum Of-Street Parking Spaces
1. In a garage	3	3
2. In a driveway	2	2
3. Total of-street	5	5
F. Maximum Building Height	35′	35′
G. Lot Coverage	% Coverage	% Coverage
1. Single story	45	45
2. Two-story	40	40

D.

Construction Standards for Active Adult and Executive Housing.

1.

Variety in Building Mass. Variety in building mass shall be accomplished by:

a.

Inclusion in the floor plans available for purchase, varying front façade design, such as side-entry garages and varying the entryway location and design;

b.

Avoidance of use of a single façade design more than twice in any group of contiguous homes;

Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alters the visual mass of a floor plan;

d.

Executive single-family homes that back up onto Fairview shall have one story profiles. This is defined by having a minimum of a five-foot horizontal setback between the first and second floors, having a single story component for at least eighty percent of the length of the rear elevation. See the development plan and related exhibits for lot locations and example profiles.

e.

At the time site design and development review of multiple floor plans, incorporating design variations such as those described above, shall be submitted.

E.

Additional Residential Design Items.

1.

Design Review. Design review shall be required as follows:

a.

Residential Buildings. Design and site development review shall be required pursuant to Chapter 17.820. The architectural style has a palette of cut and rustic stone with hues of rose, buff and ochre, ornamental carved or cast stone, terra cotta colored clay or concrete roof tile, awning shutters, detailed ironwork and plants in terra cotta pots. Residential units have been organized for "street presence" with several models possessing gathering and semi-private terraces on the street side of the property. Identifying features may consist of:

i.

Roofs are typically "S" and barrel concrete or clay tiles at a low pitch; ii.

Doors and windows are generally recessed into thick walls; iii.

Accents may include tile surround, metal railings, shutters and awnings; iv.

Use of columns, window and door surrounds.

b.

Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to the plans approved by the planning commission. Individual lot landscaping includes a lawn area and a palette of groundcovers and smaller trees in the front and side yards with a mix of shrubs, flowering groundcovers and grasses to provide moderate privacy screening and seasonal interest. Where lot size permits, gardens will be anchored by larger shade trees. Trellises or patio trees that shade courtyards off of living spaces are encouraged. Trellises and walls may be covered with climbing landscaping. Walls are generally stucco, smooth and in earth tone colors. Gatehouses will reflect the residential architecture and incorporate community monumentation.

c.

Public and Common Open Space. As part of the aesthetic productive landscape, grapes and olives will be cultivated wherever possible. In larger open-space production areas, grapes will be grown in rows spaced to allow mechanical harvesting. However, in some areas where aesthetics are equally important such as the rows flanking Fairview Avenue, the rows may have to be spaced more tightly and thus harvested by hand. Olive orchards can be located on slopes that are steeper than three to one. Harvest will be by hand or mechanical means, depending on orchard access.

Since the agricultural components are part of a true working landscape, access within the vineyards and orchards will be restricted to those who are growing the grapes and olives. Limited pedestrian and service vehicular access only will be allowed where possible in designated areas.

d.

Recreation Facilities and Conditional Use Permit Uses. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:

i.

Recreation center buildings and accompanying outdoor facilities such as pools;

(a)

Design elements may include stone accents and a distinguishing tower. Large view oriented spaces will be designed as lightly scaled trellis or outdoor loggia elements (though glass enclosed) attached to the more traditional mass of this architectural character.

ii.

Buildings for which approval of a conditional use permit by the planning commission is required. F.

Roadway Items.

1.

Fairview Avenue. Public one hundred forty-foot right-of-way, including two to four travel lanes, turn lanes at intersections, bike lanes, with no parking allowed. Landscaping to allow vineyards and olive groves in addition to traditional street trees and groundcover. Public eight-foot multi use path located on each side of Fairview Avenue.

2.

Local Spine Streets. Private thirty-six-foot curb-to-curb, including two travel lanes and on-street parking allowed. One side only five-feet of traditional landscaping between a separated four-foot sidewalk and the curb. Ten-foot PUE, that overlaps the right-of-way by six-inches located each side of the roadway.

3.

Local Streets. Private thirty-six-foot curb-to-curb, including two travel lanes and on-street parking allowed. One side only four and one-half-foot curb adjacent sidewalk. Ten-foot PUE, that overlaps the right-of-way by six-inches located each side of the roadway.

(Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

Mixed use business park winery, amphitheater and associated uses.

A.

Permitted Uses.

1.

Winery including tasting rooms, storage, production and general commercial retail and service businesses which are ancillary to the primary winery uses;

2.

Amphitheater that hosts events with dancing and/or live entertainment and amplified sound;

3.

Parks, playgrounds and recreational trail;

4.

Accessory facilities including kitchens, lodging for VIP guests and performers, offices and parking lots or buildings related to the primary use subject to Chapter 17.660;

5.

Up to four single-family homes on quarter-acre lots;

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

B.

Conditionally Permitted Uses.

1.

Tasting room and stores which sell beer and/or wine (packaged goods off-sale);

2.

Neighborhood bar and/or restaurant which serves or sells alcoholic beverages;

3.

Outdoor sales or display;

4.

Temporary and Interim Uses. The following uses may be permitted as a temporary interim use. The CUP will establish the timeframe for these activities:

a.

Nursery;

b.

Produce market;

c.

Auction gallery;

Flea market;

e.

Craft and art fairs;

C.

General Development Standards.

1.

Setbacks, Height and Parking. Each yard setback below shall be measured from its respective property line, except that measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005, Encroachments Into Required Yards.

Front yard setback: Ten feet from curb line or parking bay, five feet from property line; b.

Side yard setback: Zero lot line, minimum;

c.

Rear yard setback: Five feet from property line;

d.

Maximum height: Forty-five feet or three stories;

e.

Parking: Per code, with shared parking allowed.

2.

Design Standards. The site is characterized as a sloping site overlooking the historic John Marsh Home and the new Fairview Avenue, intended for a winery. The winery complex may be a collection of major buildings plus several secondary buildings and set in the midst of vineyards and olive trees. The architecture can vary

from California Mission Style to the Vineyards at Marsh Creek Mediterranean style, featuring tiled roofs and arched arcades. A turf amphitheater will provide a venue for concerts.

Winery buildings for production, storage and shipping may total over eighty thousand square feet. A public events building provides for conferences, weddings, tasting events and retail sales. Picnicking areas may be included in the landscaping and winery tours may be offered.

The vineyards and landscaping may extend into the public rights-of-way and common spaces between new residential areas. Pedestrian and golf cart paths may link the residential areas to the winery. Parking for concerts (more than three hundred spaces) and employees/visitors (more than eighty spaces) should be onsite or planned in a shared parking arrangement with nearby uses (i.e., village center, community college, etc.).

The winery site may provide a site for cultural, social and entertainment events for the community. The vineyards and winery operation represent not only a cultural amenity in the community, but also an appropriate, credible link to the agricultural heritage of the city of Brentwood. (Ord. 857 § 2, 2008)

Attached duet active adult residential neighborhoods, parks and associated open space.

Permitted Uses.

1.

Duet units for age-restricted occupancy;

2.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

3.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

The keeping of domestic animals or pets subject to Chapter 17.670;

5.

Model home sales facilities;

6.

Recreation center and related facilities including clubhouse, tennis courts, swimming pools, maintenance structures and related recreation facilities;

7.

Homeowners' association recreation buildings, tennis courts, sports fields, swimming pools, gatehouses, other common-use facilities and open area;

8.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

9.

Parks, playgrounds and recreational trail;

10.

Other uses determined by the community development department to be similar to and compatible with the preceding permitted uses.

Conditionally Permitted Uses.

Uses ancillary to a recreation center, which will serve persons other than residents of the active adult community, such as a restaurant or bar;

2.

Other uses determined by the community development department to be similar to the ancillary use. C.

General Development Standards.

1.

Maximum Number of Units and Minimum Lot Area.

a.

Maximum Active Adult Units. A maximum of seventy-two active adult duets shall be permitted within the lands of subarea C.

b.

Minimum lot area shall be three thousand two hundred square feet for active adult duet lots.

c.

Barcelona Setback Criteria and Lot Coverage
Active Adult Residential	Duel Lot
Minimum Frontage on a Curve/Cul-de-Sac or Knuckle	18′
A. Minimum Front Yard
1. To a garage door of a front-entry garage	20′
2. To a wall of a habitable room	10′
B. Minimum Side Yard Adjoining a Street	10′
C. Minimum Side Yard at an Interior Lot Line
1. To a wall of a garage	0/5′
2. To a wall of a habitable room	0/5′
3. To landscape structures not exceeding 6′ in height	3′
4. Aggregate, both side yards at garage	5′
5. Aggregate, both side yards at non-garage	5′
6. Aggregate, both side yards at landscape walls	3′
D. Minimum Rear Yard	5′
E. Minimum Of-Street Parking Spaces
1. In a garage	2

Barcelona Setback Criteria and Lot Coverage
Active Adult Residential	Duel Lot
2. In a driveway	2
F. Maximum Building Height	35′
G. Line of Sight Requirements	None
H. Lot Coverage (First Floor Only)	% Max
Plan 1	65
Plan 2	65
Plan 3	65
Plan 4	65

D.

Construction Standards for Duet Active Adult Housing.

1.

Variety in building mass shall be accomplished by:

a.

Combination of floor plans both single- and two-story that provide a variation of building heights;

b.

Varying façade design;

c.

Asymmetrical treatment of the building elevations including the use of varying entry shapes (arches and flat soffits) gable ends and shed roofs, varying the roof shapes over the garages (gable ends and shed roofs). E.

Additional Residential Design Items.

1.

Design Review. Design review shall be required as follows:

a.

Residential Buildings. The Architectural style is to be true to the wine country inspired feel of the residences in Subarea A. Vineyard Cottage style provides a design indicative of a winery while reimagined for today's homeowner.

i.

Defined with a mix of exterior applications, including rustic stone veneer, brick, and wood, the materials help define the historical roots of the style;

ii.

Steep gable roofs along with varying intersecting pitches and occasional use of dormers further express the cottage nature of the style;

iii.

Arched brick headers, decorative shutters, and siding at gable ends come together to give this style elegance and charm;

iv.

Principal openings such as entry doors or front facing windows are recessed or enhanced with shutters, stone veneers, or pot shelves.

b.

Landscaping, Fencing and Walls. Individual lot landscaping may include some or all: turf (natural and/or artificial), a palette of groundcovers and smaller trees, with a mix of shrubs, flowering groundcovers and grasses to provide moderate privacy screening and seasonal interest. Where lot size permits, gardens will be anchored by larger shade trees. Patio covers, trellises and/or patio trees that shade courtyards off of living spaces are encouraged. Trellises and walls may be covered with climbing landscaping. Natural wood privacy fences and wrought iron view fences on open space will be consistent with the fences used in the residential area of Subarea A. Walls are generally stucco, smooth and in earth tone colors, again consistent with that which is used in residential area of Subarea A.

c.

Conditional Use Permit Uses. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:

i.

Local Streets. Private thirty-six-foot curb-to-curb or street back of curb to back of curb for beveled curb sections, including two travel lanes. On-street parking other than on the morning of garbage collection is allowed only for visitors. One side only four and one-half-foot curb adjacent sidewalk. Eight-foot PUE that overlaps the right-of-way by six-inches located each side of the roadway. (Ord. 857 § 2, 2008; Ord. 988 § 2, 2017) PG&E site.

A.

Permitted Uses. PG&E Brentwood facility and related uses.

B.

Conditionally permitted uses: None.

C.

General Development Standards.

1.

To be defined at a later date as applicable, when plan is proposed.

(Ord. 857 § 2, 2008)

John Marsh House State Park site.

A.

Permitted Uses. John Marsh House State Park and related uses.

B.

Conditionally Permitted Uses. To be defined at a later date as applicable, when plan is proposed.

C.

Development Standards. To be defined at a later date as applicable, when plan is proposed. (Ord. 857 § 2, 2008)

Attached duet active adult residential neighborhoods, parks and associated open space.

A.

Permitted Uses.

1.

Duet units for age-restricted occupancy;

2.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

4.

The keeping of domestic animals or pets subject to Chapter 17.670;

5.

Model home sales facilities;

6.

Recreation center and related facilities including clubhouse, tennis courts, swimming pools, maintenance structures and related recreation facilities;

7.

Homeowners' association recreation buildings, tennis courts, sports fields, swimming pools, gatehouses, other common-use facilities and open area;

8.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

9.

Parks, playgrounds and recreational trail;

10.

Other uses determined by the community development department to be similar to and compatible with the preceding permitted uses.

B.

Conditionally Permitted Uses.

1.

Uses ancillary to a recreation center, which will serve persons other than residents of the active adult community, such as a restaurant or bar;

2.

Other uses determined by the community development department to be similar to the ancillary use. C.

General Development Standards.

1.

Maximum Number of Units and Minimum Lot Area.

a.

Maximum Active Adult Units. A maximum of one hundred forty active adult duets shall be permitted within the lands of subarea F.

b.

Minimum lot area shall be three thousand two hundred square feet for active adult duet lots.

c.

Barcelona Setback Criteria and Lot Coverage
Active Adult Residential	Duel Lot
Minimum Frontage on a Curve/Cul-de-sac or Knuckle	18′
Minimum Front Yard
To a garage door of a front-entry garage	20′
To a wall of a habitable room	10′
Minimum Side Yard Adjoining a Street	10′
Minimum Side Yard at an Interior Lot Line
To a wall of a garage	0/5′
To a wall of a habitable room	0/5′
To landscape structures not exceeding 6′ in height	3′
Aggregate, both side yards at garage	5′
Aggregate, both side yards at non-garage	5′
Aggregate, both side yards at landscape walls	3′
Minimum Rear Yard	5′
Minimum Of-Street Parking Spaces
In a garage	2
In a driveway	2
Maximum Building Height	35′
Line of Sight Requirements	None
Lot Coverage (First Floor Only)	% Max
Plan 1	65
Plan 2	65
Plan 3	65
Plan 4	65

D.

Construction Standards for Duet Active Adult Housing.

Variety in building mass shall be accomplished by:

a.

Combination of floor plans both single- and two-story that provide a variation of building heights; b.

Varying façade design;

c.

E.

Additional Residential Design Items.

1.

Design Review. Design review shall be required as follows:

a.

Residential Buildings. The architectural style is to be true to the wine country inspired feel of the residences in subarea A. Vineyard Cottage style provides a design indicative of a winery while reimagined for today's homeowner.

i.

Defined with a mix of exterior applications, including rustic stone veneer, brick, and wood, for Vineyard Cottage; deep set windows, pot shelves, stucco for Spanish, French, and Italianate; variations on these themes for a Napa expression of these styles; the materials help to define the historical roots of the style.

ii.

Steep gable roofs along with varying intersecting pitches and occasional use of dormers further express the Vineyard Cottage nature of the style; while low-pitched roofs exemplify the Spanish and Italianate styles; hip roofs with suggestions of mansard roof style for a French version; and the Napa expression could be one or a combination of any of these including parapet styles.

iii.

Arched brick headers, decorative shutters, and siding at gable ends come together to give this style elegance and charm.

iv.

Principal openings such as entry doors or front facing windows are recessed or enhanced with shutters, stone veneers, or pot shelves.

b.

Landscaping, Fencing and Walls. Individual lot landscaping may include some or all: turf (natural and/or artificial), a palette of groundcovers and smaller trees, with a mix of shrubs, flowering groundcovers and grasses to provide moderate privacy screening and seasonal interest. Where lot size permits, gardens will be anchored by larger shade trees. Patio covers, trellises and/or patio trees that shade courtyards off of living spaces are encouraged. Trellises and walls may be covered with climbing landscaping. Natural wood privacy fences and wrought iron view fences on open space will be consistent with the fences used in the residential area of subarea A. Walls are generally to be made of stucco, smooth and in earth tone colors, again consistent with that which is used in residential area of subarea A.

c.

Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:

i.

Local Streets. Private thirty-six-foot curb-to-curb or street back of curb to back of curb for beveled curb sections, including two travel lanes. On-street parking other than on the morning of garbage collection is allowed only for visitors. One side only four and one-half-foot curb adjacent sidewalk. Eight-foot PUE that overlaps the right-of-way by six inches located each side of the roadway. (Ord. 1005 § 1, 2018)

Design and site development shall be required for all housing units pursuant to Section 17.100.003 and subsection H of Section 17.100.004.

B.

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

C.

Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17 660.

D.

Signs subject to Chapter 17.640.

E.

F.

Allowable projections into yard setbacks shall be set forth in Section 17.6360.005, Encroachments into Required Yards.

(Ord. 857 § 2, 2008)

A.

Exception to Zoning Regulations. The community development department may permit exceptions to the regulations of this chapter and the remainder Title 17 upon finding that granting of the exception will constitute an insignificant deviation from the land uses, activities and construction otherwise resulting from strict application of the regulations of this chapter. This exception specifically includes:

1.

One pylon/monument sign adjacent to Highway 4 on a smaller parcel and at a maximum height no greater than the maximum building height specified in the subarea;

2.

Tower elements in subareas A, B and C at a maximum height no greater than the maximum building height specified in the subarea;

3.

Density in subarea C at forty du/acre and a four story maximum height.

B.

Exception to Engineering Standards. The city engineer may permit exceptions to adopted city engineering standards in the city's Title 17, Subdivision and Land Department Ordinance, the engineering design standards, the standard drawings upon finding that granting the exception will constitute an insignificant deviation from the land uses, activities and construction otherwise resulting from strict application of the regulations of this chapter.

(Ord. 857 § 2, 2008)

==> picture [519 x 640] intentionally omitted <==

(Ord. 960 § 21, 2015)

Chapter 17.515 PD-65 (PLANNED DEVELOPMENT SIXTY-FIVE) ZONE (§ 17.515.001 – § 17.515.011)

The authority, purpose and intent for the adoption of the PD-65 (planned development sixty-five) zone are as follows:

A.

Authority. PD-65 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-65 zone is to permit and regulate the orderly development of the area shown on the development plan and related exhibits in accordance with the Brentwood general plan for a maximum of five hundred eleven lots. The PD-65 area is divided into six subareas as shown on the development plan and related exhibits.

C.

Intent. The zoning district is intended to provide a neighborhood with a diverse mix of single-family homes on various lot sizes, recreational amenities and open space in conformance with the adopted general plan. The boundaries of the PD-65 zoning district and its subareas are as shown on the map in Section 17.515.011. (Ord. 857 § 2, 2008)

A.

Subarea A.

1.

Single-family dwelling units;

2.

Parks, playgrounds and recreation trails;

3.

Rooming and boarding subject to Section 17.650.003;

4.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

5.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

6.

The keeping of domestic animals or pets subject to Chapter 17.670;

7.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

8.

B.

Subarea B.

Single-family dwelling units;

Parks, playgrounds and recreation trails;

3.

Rooming and boarding subject to Section 17.650.003;

4.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

5.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

6.

The keeping of domestic animals or pets subject to Chapter 17.670;

7.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

8.

C.

Subarea C.

1.

Single-family dwelling units;

2.

Parks, playgrounds and recreation trails;

3.

Rooming and boarding subject to Section 17.650.003;

4.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

5.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

6.

The keeping of domestic animals or pets subject to Chapter 17.670;

7.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

8.

D.

Subarea D.

1.

Single-family dwelling units;

Parks, playgrounds and recreation trails;

3.

Rooming and boarding subject to Section 17.650.003;

4.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

5.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

6.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

7.

The keeping of domestic animals or pets subject to Chapter 17.670;

8.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

9.

E.

Subarea E (Duet Lots).

1.

Single-family attached dwelling units;

2.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

3.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

4.

Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;

The keeping of domestic animals or pets subject to Chapter 17.670;

6.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

7.

F.

Subarea F (Swim Club).

1.

Swimming and related facilities serving the surrounding Rose Garden neighborhood only, including pools and pool equipment, shade structures, restrooms, shower areas, changing areas, aquatic apparatus, meeting rooms, facility staff offices, and vending machines.

(Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

A.

Subarea A.

1.

(Reserved);

2.

Churches and religious institutions and parochial or private schools;

3.

Nursery, child care, day care center.

B.

Subarea B.

1.

Nursery, child care, day care center. C.

Subarea C.

1.

2.

Nursery, child care, day care center. D.

Subarea D.

1.

Nursery, child care, day care center. E.

Subarea E (Duet Lots).

1.

Nursery, child care, day care center. F.

Subarea F (Swim Club).

1.

Privately or publicly sponsored recreational events or ongoing activities involving twenty or more guests from outside the neighborhood including, but not limited to, swim meets, swim lessons, swim practices, lap swimming and social gatherings;

2.

Snack bar, café, or staffed food-service enterprise. (Ord. 857 § 2, 2008; Ord. 1083, 2/25/2025)

Minimum lot area: Seven thousand square feet;

B.

Minimum lot width: Sixty-five feet except for lots on culs-de-sac, knuckles or curvilinear streets that shall be at least forty feet measured at the front property line;

C.

Minimum lot depth: Eighty-five feet;

D.

Minimum front yard setback: Twenty feet for street-facing garages, fifteen feet for turned garage and living space, and twelve feet for front porches measured to front of property line;

E.

Minimum side yard setback: Five feet and a total of fifteen feet for both sides. For corner lots, the street side yard shall be a minimum of ten feet;

F.

Minimum rear yard setback: Twenty feet for main residence and five feet for detached living areas; G.

Maximum building height: Thirty feet and two stories for main residence and sixteen feet and one story for detached living areas;

H.

Maximum lot coverage: Forty percent for single-story units; forty percent for two-story units including main residence and detached living area;

I.

Maximum number of lots: One hundred twenty-six.

(Ord. 857 § 2, 2008)

A.

Minimum lot area: Five thousand nine hundred square feet;

B.

Minimum lot width: Sixty-five feet except for lots on culs-de-sac, knuckles or curvilinear streets that shall be forty feet at the front property line;

C.

Minimum lot depth: Seventy feet;

D.

Minimum front yard setback: Twenty feet for street-facing garages, fifteen feet for turned garages and living space, and twelve feet for front porches measured to the front property line;

E.

Minimum side yard setback: Five feet and a total of fifteen feet for both sides. For corner lots, the street side yard shall be a minimum of ten feet. Porte-cochere and trellis elements may encroach into the minimum side yard setback;

F.

Minimum rear yard setback: Twenty feet and five feet for recessed garages; G.

Maximum building height: Thirty feet and two stories;

H.

Maximum lot coverage: Forty percent for single-story units; forty percent for two-story units; I.

Maximum number of lots: Ninety-three. (Ord. 857 § 2, 2008)

A.

Minimum lot area: Four thousand nine hundred square feet;

B.

Minimum lot width: Fifty feet except for lots on culs-de-sac, knuckles or curvilinear streets that shall be a minimum of thirty feet at the front property line;

C.

Minimum lot depth: Ninety feet;

D.

Minimum front yard setback: Twenty feet for street-facing garages, fifteen feet for turned garage and living space, and twelve feet for front porches measured to the front property line;

E.

Minimum side yard setback: Five feet and a total of ten feet for both sides. For corner lots, the street side yard shall be a minimum of ten feet. Porte-cochere and trellis elements may encroach into the minimum side yard setback;

F.

Minimum rear yard setback: Twenty feet and five feet for recessed garages;

G.

Maximum building height: Thirty feet and two stories;

H.

Maximum lot coverage: Forty-five percent for single-story units; forty percent for two-story units;

I.

Maximum number of units: One hundred forty-eight. (Ord. 857 § 2, 2008)

A.

Minimum lot area: Three thousand five hundred square feet;

B.

Minimum lot width: Forty-five feet except for lots on culs-de-sac, knuckles or curvilinear streets that shall be a minimum of thirty feet at the front property line;

C.

Minimum lot depth: Seventy feet;

D.

Minimum front yard setback: Twenty feet for street-facing garages, fifteen feet for living space, and twelve feet for front porches measured to the front property line;

E.

Minimum side yard setback: Five feet and a total of ten feet for both sides. For corner lots, the street side yard setback shall be a minimum of ten feet. Porte-cochere and trellis elements may encroach into the minimum setback;

F.

Minimum rear yard setback: Twelve feet and five feet for recessed garages;

G.

Maximum building height: Thirty feet and two stories;

H.

Maximum lot coverage: Forty-five percent for single-story units; forty percent for two-story units; I.

Maximum number of units: One hundred fourteen.

(Ord. 857 § 2, 2008)

A.

Minimum lot area: Three thousand square feet;

B.

Minimum lot width: Thirty-five feet except for lots adjacent to parks that shall be a minimum of eighteen feet at the front property line;

C.

Minimum lot depth: Fifty-five feet;

D.

Minimum front yard setback: Fifteen feet;

E.

Minimum side yard setback: Zero feet and a total of seven and one-half feet for both sides of interior lots and five feet and a total of fifteen feet for both sides on corner lots. For corner lots, the street side yard shall be a minimum of ten feet;

F.

Minimum rear yard setback: Zero feet if unit is attached;

G.

Maximum building height: Thirty feet and two stories;

H.

Maximum lot coverage: Forty-five percent for single-story units; forty percent for two-story units;

Maximum number of units: Thirty. (Ord. 857 § 2, 2008)

A.

Maximum building height: Thirty feet;

B.

All new development within subarea F of PD-65 shall be subject to design and site development review pursuant to Chapter 17.820 and all other applicable criteria established by the city through policy or resolution.

(Ord. 857 § 2, 2008)

A.

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

B.

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

C.

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

D.

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

E.

Architectural features may project into any required yard pursuant to the provision of Chapter 17.660 with the exception that no feature may project into the maximum front yard setback.

The development of this zoning district shall be substantially in accordance with the approved development plan. Variations in the development plan including street and lot pattern may be approved through the subdivision map process.

(Ord. 857 § 2, 2008)

==> picture [519 x 658] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.516 PD-66 (PLANNED DEVELOPMENT SIXTY-SIX) ZONE (§ 17.516.001 – § 17.516.005)

The authority, purpose and intent for the adoption of the PD-66 (planned development sixty-six) zone are as follows:

A.

Authority. The PD-66 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-66 zone is to permit and regulate the orderly development of 123.04 acres located generally on the south side of the Grant Street extension, east of the union pacific railroad tracks, on either side of the O'Hara Avenue extension, with very low and low density residential uses in accordance with the Brentwood general plan.

C.

Intent. The intent of creating the PD-66 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties. The boundary of the PD-66 zoning district is as shown on the map in Section 17.516.005.

(Ord. 857 § 2, 2008)

The following uses are permitted in the PD-66 zone:

A.

Those uses permitted under the R-1 zone, Section 17.130.002;

B.

Parks and recreational trails.

(Ord. 857 § 2, 2008)

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted: A.

Those uses permitted under the R-1 zone, Section 17.130.003.

(Ord. 857 § 2, 2008)

All permitted and conditionally permitted uses developed within the PD-66 zone shall comply with the following regulations:

A.

Minimum lot size: Eight thousand square feet, with the exception of Lots 107—112, 136—143, and 172—176, which shall have a minimum size of twenty thousand square feet;

B.

Minimum lot width: Seventy feet at the front of the house (fifty-five feet for curved streets, culs-de-sac, and knuckles);

C.

Minimum lot depth: Eighty feet;

D.

Minimum lot frontage: Seventy feet (thirty-three feet for curved streets, culs-de-sac, and knuckles); E.

Minimum front yard setback: Twenty feet to front loading garages, fifteen feet to side-loading garages and building walls;

Minimum side yard setback: Seven feet with an aggregate of twenty feet (ten feet on the street side of corner lots);

G.

Minimum rear yard setback: Twenty feet;

H.

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

I.

Maximum building height: Thirty feet or two stories;

J.

A minimum of twenty-five percent of the lots shall have single-story units;

K.

Maximum number of units: Three hundred eleven;

L.

Side-loading garage: Ten percent of the lots shall have side-loading garages;

M.

Fifty percent of the corner lots shall have single-story units;

N.

Maximum lot coverage: Forty percent for two-story homes and forty-five percent for single-story homes; O.

(Ord. 857 § 2, 2008)

==> picture [519 x 653] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.517 PD-67 (PLANNED DEVELOPMENT SIXTY-SEVEN) ZONE (§ 17.517.001 – § 17.517.010)

The authority, purpose, and intent for the adoption of the PD-67 (planned development number sixty-seven) zone are as follows:

A.

Authority. The PD-67 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations, of this title.

B.

Purpose. The purpose of the PD-67 zone is to permit and regulate the orderly development of the area in accordance with the Brentwood general plan for medium density residential, very high density residential, and general commercial uses. The PD-67 zone is divided into six subareas as shown on the subarea map in Section 17.517.009.

C.

Intent. The PD-67 zone is intended to provide a distinguished neighborhood of single-family homes arranged in an efficient "pod" configuration, a one hundred twenty unit senior apartment complex, commercial areas for general commercial uses including restaurants, medical offices, and retail uses, and recreational amenities and open space in conformance with the adopted general plan.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

A.

Permitted Uses for Subarea A.

1.

Retail sales or rentals of new merchandise or service:

a.

Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor, etc.,

b.

Clothing stores and sporting goods stores,

c.

Pharmacies and drug stores,

d.

Grocery stores and delicatessens,

e.

Hardware stores,

f.

Stores that sell alcoholic beverages for off-premises consumption as an ancillary use,

Bookstores and video stores,

h.

Florist,

i.

Stationary stores and gift shops,

Printing and copying stores,

Office supply stores;

2.

Sales of personal or financial services such as:

a.

Barber shops, beauty salons and spas,

b.

Banks and savings and loans, ATMs and other financial institutions,

c.

Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair facilities;

Nurseries and pre-schools;

4.

Studios and instructional facilities, such as dance studios, music studios, or similar establishments;

5.

Public and quasi-public uses, such as government offices, libraries, post offices, employment offices, utility offices, and similar uses;

6.

Professional and business offices including medical offices;

Veterinary clinics;

Hotels;

9.

Health and fitness centers;

Parks, playgrounds, and recreational trails;

11.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

Finished product assembly such as computer assembly, bookbinding and garment manufacture; 13.

Commercial or retail uses that may or may not manufacture their primary product on the premises such as drapery shops, upholstery shops, carpet sales, spa sales, satellite dish sales and furniture sales provided that there is no outdoor storage;

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

Conditionally Permitted Uses for Subarea A.

1.

Retail stores that sell alcoholic beverages for off-premises consumption as a primary use; 2.

Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas;

Drive-through facilities (subject to Chapter 17.655);

4.

Temporary and interim uses: the following uses may be temporarily permitted, upon approval of a CUP, with the individual CUP establishing the timeframe:

a.

Nursery,

b.

Produce market,

c.

Auction gallery,

d.

Flea market,

e.

Craft and art fairs;

5.

Churches and religious institutions and parochial or private schools;

6.

Other similar uses as determined by the community development director. C.

General Development Standards for Subarea A.

1.

Minimum lot area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand square feet;

2.

Minimum lot width: One hundred feet; 3. Minimum lot depth: One hundred feet; 4. Maximum building height: Two stories, not to exceed thirty feet;

Building setbacks:

a.

Balfour Road: Thirty feet from back of curb (includes ROW and landscape easement), b. Balfour Way: Twenty-five feet to ROW (landscape easement),

c.

John Muir Parkway: Ten feet to ROW,

d.

Interior property lines: Ten feet on each property and clear of utility easements;

6.

General development design and site development review requirements. Development within subarea A shall be subject to design and site development review pursuant to Chapter 17.820, other applicable criteria established by the city through policy or resolution, and the architectural design guidelines prepared for the Cox Property. Generally,

"In order to create a strong, memorable and appropriate architectural theme, a preferred architectural vocabulary has been established to guide commercial developers and neighborhood builders and their architects for the Cox Property.

This theme is derived from traditional Tuscan building forms and materials (and contemporized through the addition of metal canopies, strong geometric detailing, offset wall plans, and varied building coloration). Strong correlation between exterior façades and sidewalk surfaces and planting is integral to the success of the design theme.

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics."

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1089, 10/14/2025)

A.

Permitted Uses for Subarea B.

1.

Retail sales or rentals of new merchandise or service:

a.

Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor, etc.,

b.

Clothing stores and sporting goods stores,

c.

Pharmacies and drug stores,

d.

Grocery stores and delicatessens,

e.

Hardware stores,

f.

Stores that sell alcoholic beverages for off-premises consumption as an ancillary use,

g.

Bookstores and video stores,

h.

Florist,

i.

Stationary stores and gift shops,

j.

Printing and copying stores,

k.

Office supply stores;

2.

Sales of personal or financial services such as:

a.

Barber shops, beauty salons and spas,

b.

Banks and savings and loans, ATMs and other financial institutions,

c.

Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair facilities;

3.

Nurseries and pre-schools;

4.

Studios and instructional facilities, such as dance studios, music studios, or similar establishments;

5.

Public and quasi-public uses, such as government offices, libraries, post offices, employment offices, utility offices and similar uses;

6.

Professional and business offices, including medical offices;

Veterinary clinics;

Hotels;

9.

Health and fitness centers;

10.

Parks, playgrounds and recreational trails;

11.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

12.

Finished product assembly such as computer assembly, bookbinding and garment manufacture; 13.

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

Conditionally Permitted Uses for Subarea B.

1.

Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas;

2.

Retail stores that sell alcoholic beverages for on- or off-premises consumption as a primary use;

3.

Drive-through facilities (subject to Chapter 17.655);

4.

Tire shops, new or used car sales, and vehicular repair;

Outdoor sales or display;

Temporary and interim uses: the following uses may be temporarily permitted, upon approval of a CUP, with the individual CUP establishing the timeframe:

a.

Nursery,

b.

Produce market,

c.

Auction gallery,

d.

Flea market,

e.

Craft and art fairs;

7.

Churches and religious institutions and parochial or private schools;

8.

Other similar uses as determined by the community development director. C.

General Development Standards for Subarea B.

1.

Minimum lot area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand square feet;

Minimum lot width: One hundred feet;

3.

Minimum lot depth: One hundred feet;

4.

Maximum building height: Two stories, not to exceed thirty feet;

Building setbacks:

a.

Balfour Road: Thirty feet from back of curb (includes ROW and landscape easement),

b.

Balfour Way: Twenty-five feet to ROW (landscape easement),

c.

Interior property lines: Ten feet on each property and clear of utility easements;

General development design and site development review requirements. Development within subarea B shall be subject to design and site development review pursuant to Chapter 17.820, other applicable criteria established by the city through policy or resolution, and the architectural design guidelines prepared for the Cox Property. Generally,

Strong correlation between exterior façades and sidewalk surfaces and planting is integral to the success of the design theme.

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics."

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1078, 12/10/2024; Ord. 1089, 10/14/2025) A.

Permitted Uses for Subarea C.

1.

Retail sales or rentals of new merchandise or service:

Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor, etc.,

Clothing stores and sporting goods stores,

Pharmacies and drug stores,

Grocery stores and delicatessens,

e.

Hardware stores, f. Stores that sell alcoholic beverages for off-premises consumption as an ancillary use,

Bookstores and video stores,

Florist,

i.

Stationary stores and gift shops,

Printing and copying stores, k. Office supply stores; 2. Sales of personal or financial services such as:

a.

Barber shops, beauty salons and spas, b.

Banks and savings and loans, ATMs and other financial institutions,

Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair facilities;

3.

Nurseries and pre-schools;

4.

Studios and instructional facilities, such as dance studios, music studios, or similar establishments;

5.

Public and quasi-public uses, such as government offices, libraries, post offices, employment offices, utility offices and similar uses;

6.

Professional and business offices, including medical offices;

Veterinary clinics;
Hotels;

9.

Health and fitness centers; 10.

Parks, playgrounds and recreational trails;

11.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

12.

Finished product assembly such as computer assembly, bookbinding and garment manufacture; 13.

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

Conditionally Permitted Uses for Subarea C.

1.

Gas stations and alternative fuel stations;

2.

Retail stores that sell alcoholic beverages for on- or off-premises consumption as a primary use;

3.

Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas;

4.

Drive-through facilities (subject to Chapter 17.655);

5.

Tire shops, new or used car sales and vehicular repair; 6.

Outdoor sales or display;

Temporary and interim uses: the following uses may be temporarily permitted, upon approval of a CUP, with the individual CUP establishing the timeframe:

a. Nursery,

b.

Produce market,

c.

Auction gallery,

d.

Flea market,

e.

Craft and art fairs;

8.

Churches and religious institutions and parochial or private schools;

9.

Other similar uses as determined by the community development director; C.

General Development Standards for Subarea C.

1.

Minimum lot area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand square feet;

2.

Minimum lot width: One hundred feet;

3.

Minimum lot depth: One hundred feet;

4.

Maximum building height: Two stories, not to exceed thirty-five feet;

Building setbacks:

a.

Balfour Road: Thirty feet from back of curb (includes ROW and landscape easement),

b.

State Route 4 Bypass: Ten feet to ROW and clear of utility easements,

c.

Interior property lines: Ten feet on each property and clear of utility easements;

6.

General development design and site development review requirements. Development within subarea C shall be subject to design and site development review pursuant to Chapter 17.820, other applicable criteria established by the city through policy or resolution, and the architectural design guidelines prepared for the Cox Property. Generally,

Strong correlation between exterior façades and sidewalk surfaces and planting is integral to the success of the design theme.

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics."

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1078, 12/10/2024; Ord. 1089, 10/14/2025)

A.

Permitted Uses for Subarea D.

1.

Medical facilities, including medical offices, hospitals, inpatient and outpatient medical care, birthing facilities, dialysis units, medical and dental laboratories, medical schools and teaching facilities;

Other similar uses as determined by the community development director;

3.

Retail sales or rentals of new merchandise or service:

Convenience retail uses such as a bakery, pastry shop, coffee shop, candy store, newsstand, ice cream parlor, etc.,

b.

Clothing stores and sporting goods stores,

c.

Pharmacies and drug stores,

d.

Grocery stores and delicatessens,

e.

Hardware stores,

f.

Stores that sell alcoholic beverages for off-premises consumption as an ancillary use,

Bookstores and video stores,

h.

Florist,

i.

Stationary stores and gift shops,

j.

Printing and copying stores,

k.

Office supply stores;

4.

Sales of personal or financial services such as:

a.

Barber shops, beauty salons and spas,

b.

Banks and savings and loans, ATMs and other financial institutions,

c.

Clothes cleaning, laundry pickup stations, launderettes, pressing shops and shoe repair facilities;

5.

Nurseries and pre-schools;

6.

Studios and instructional facilities, such as dance studios, music studios or similar establishments;

7.

Public and quasi-public uses, such as government offices, libraries, post offices, employment offices, utility offices and similar uses;

8.

Professional and business offices, including medical offices;

Veterinary clinics; 10.

Hotels; 11.

Health and fitness centers;

12.

Parks, playgrounds and recreational trails;

13.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

14.

Finished product assembly such as computer assembly, bookbinding and garment manufacture; 15.

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

Conditionally Permitted Uses for Subarea D.

1.

Retail stores that sell alcoholic beverages for on- or off-premises consumption as a primary use;

2.

Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas;

3.

Drive-through facilities (subject to Chapter 17.655);

Outdoor sales or display;

Temporary and interim uses: the following uses may be temporarily permitted, upon approval of a CUP, with the individual CUP establishing the timeframe:

a.

Nursery,

b.

Produce market,

c.

Auction gallery,

d.

Flea market,

e.

Craft and art fairs;

6.

Churches and religious institutions and parochial or private schools;

7.

Other similar uses as determined by the community development director;

C.

General Development Standards for Subarea D.

1.

Minimum lot area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand square feet;

2.

Minimum lot width: One hundred feet;

3.

Minimum lot depth: One hundred feet;

4.

Maximum building height: Three stories, not to exceed forty feet. Selected building elements such as towers may project to a maximum building height of forty-five feet;

Building setbacks:

a.

Balfour Way: Twenty-five feet to ROW (landscape easement),

b.

State Route 4 Bypass: Ten feet to ROW and clear of utility easements,

c.

Interior property lines: Ten feet on each property and clear of utility easements;

6.

General development design and site development review requirements. Development within subarea D shall be subject to design and site development review pursuant to Chapter 17.820, other applicable criteria established by the city through policy or resolution, and the architectural design guidelines prepared for the Cox Property. Generally,

Individual tenants' buildings are encouraged to use originality and creativity in interpreting the preferred vocabulary and criteria in these guidelines. The intent is not to create mirror image buildings. However, buildings shall be compatible in massing, form, color, and materials to achieve a sense of architectural continuity. In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics." (Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1089, 10/14/2025)

Permitted Uses in Subarea E.

1.

Multifamily age-restricted (fifty-five years and older) dwelling units in a complex form;

2.

Convalescent hospitals, large residential care facilities (including residential, congregate residential and convalescent care) and facilities for the care of the sick or elderly;

3.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

4.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

5.

Home occupations, subject to obtaining a home occupation permit pursuant to Chapter 17.840;

6.

The keeping of domestic animals or pets subject to Chapter 17.670;

Model homes sales facilities, subject to a temporary use permit;

8.

Swimming and related facilities serving apartment residents, including pools and pool equipment, shade structures, restrooms, shower areas, changing areas, aquatic apparatus, meeting rooms, facility staff offices, snack bars, cafés or staffed food-service enterprise and vending machines;

9.

Those uses which are permitted within the R-3 zone;

10.

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

B.

Conditionally Permitted Uses in Subarea E.

1.

Those uses which are conditionally permitted in the R-3 zone;

2.

Privately or publicly sponsored recreational events or ongoing activities involving fifty or more guests from outside the development including, but not limited to, swim meets, swim lessons, swim practices, lap swimming and social gatherings;

Churches and religious institutions and parochial or private schools;

4.

Other similar uses as determined by the community development director.

General Development Standards in Subarea E.

1.

Minimum lot area: Ten thousand square feet;

2.

Minimum lot width: One hundred feet;

3.

Minimum lot depth: One hundred feet;

4.

Maximum building height: Three stories, not to exceed forty-five feet. Selected building elements such as towers may project to a maximum height of fifty feet;

Building setbacks:

a.

Balfour Way: Twenty-five feet to ROW (landscape easement),

b.

State Route 4 Bypass: Ten feet to ROW and clear of utility easements,

c.

Interior property lines: Ten feet on each property and clear of utility easements;

6.

Maximum number of units: One hundred twenty;

7.

Off-street parking for multifamily age-restricted (fifty-five years and older) dwelling units in a complex form shall be provided at the rate of one space for each unit. All other uses shall provide off-street parking in accordance with Chapter 17.620 of the Brentwood Municipal Code;

8.

General development design and site development review requirements. Development within subarea E shall be subject to design and site development review pursuant to Chapter 17.820, other applicable criteria established by the city through policy or resolution, and the architectural design guidelines prepared for the Cox Property. Generally,

ornamental carved or cast stone, terra cotta colored roof tile, awning shutters, detailed iron work, and plants potted in terra cotta pots. Identifying features may consist of:

a.

Walls are generally stucco, smooth and in earth tone colors, b.

Roofs are typically "S" and barrel tiles at low pitches,

Doors and windows are generally recessed into thick walls,

d.

Accents include tile surround, metal railings, shutters and awnings,

e.

Use of stone looking columns and window and door surrounds,

f.

The use of trellis;

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics."

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020) A.

Permitted Uses in Subarea F.

1.

Single-family detached dwelling units;

2.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

3.

Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;

4.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840; 5.

The keeping of domestic animals or pets subject to Chapter 17.670;

Parks, playgrounds and recreational trails; 7.

Rooming and boarding subject to Chapter 17.650.003; 8.

Model homes sales facilities, subject to approval of a temporary use permit.

(Reserved)

B.

Conditionally Permitted Uses in Subarea F.

1.

Those uses which are conditionally permitted in the R-2 zone. C.

General Development Standards in Subarea F.

Minimum lot area: Three thousand square feet;

Minimum lot width: Forty feet; 3.

Minimum lot depth: Forty feet;

Minimum lot frontage: Forty feet, or twenty feet for lots on culs-de-sac, knuckles or curvilinear streets at front property line and rear property lines for reverse pie shaped lots;

5.

Minimum front yard setback: Twenty feet for street facing garages; eight feet for plans 1 and 2; five feet for plans 3 and 4;

6.

Minimum side yard setback: Five feet and a total of ten feet for both sides. For corner lots the street side yard shall be a minimum of five feet;

7.

Minimum rear yard setback: Five feet (plans 1 and 2) and fourteen feet (plans 3 and 4—excluding breakfast nook popouts up to a maximum of three feet);

8.

Maximum building height: Three stories, not to exceed thirty-five feet;

9.

Maximum lot coverage: Fifty percent; 10.

Maximum number of units: Ninety;

11.

Off-street parking shall be provided in accordance with Chapter 17.620 of this title;

No single-story plans are required;

13.

General Development Design and Site Development Review Requirements. Development within subarea F shall be subject to design and site development review pursuant to Chapter 17.820, other applicable criteria established by the city through policy or resolution, and the architectural design guidelines prepared for the Cox Property. Generally,

The recommended residential architectural style is Tuscan, French, Spanish—Mediterranean. This vocabulary has its historical roots in the villas and villages of the inland French and Italian Mediterranean regions of Provence and Tuscany and has a palette of cut and rustic stone with hues of rose, buff and ochre, ornamental carved or cast stone, terra cotta colored roof tile, awning shutters, detailed iron work, and plants potted in terra cotta pots. Identifying features may consist of:

Walls are generally stucco, smooth and in earth tone colors,

b.

Roofs are typically 'S' and barrel tiles at low pitch's,

c.

Doors and windows are generally recessed into thick walls,

d.

Accents include tile surround, metal railings, shutters and awnings,

e.

Use of stone looking columns and window and door surrounds,

The use of trellis;

In all cases, these guidelines stress the importance of visually identifying and unifying the community, as well as providing reinforcement for positive historic characteristics."

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020; Ord. 1083, 2/25/2025)

A.

Off-street parking, unless otherwise specifically addressed in this chapter, shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H).

B.

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

C.

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

D.

All signage shall be subject to the master sign program approved for the Cox Property.

E.

The development of the PD-67 zone shall be substantially in accordance with the various approved plans for each subarea.

(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)

==> picture [519 x 640] intentionally omitted <==

(Ord. 960 § 22, 2015; Ord. 1013 § 2, 2020) A. Permitted Uses for Subarea G.

Aboveground and subsurface structures related to privately operated (including any partnership or publicly traded corporation or other non-municipal ownership) and maintained pipeline facilities and all ancillary services and all ancillary uses related to the same;

2.

Landscaping;

3.

Perimeter security fencing and other accessory structures in accordance with Chapter 17.660; and

4.

Similar uses subject to the approval of the community development director, which said approval shall not be unreasonably conditioned or withheld.

B.

Conditionally Permitted Uses for Subarea G. Uses, other than those identified in Section 17.517.008(A), 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.

C.

General Development Standards for Subarea G.

1.

Minimum lot area: twenty-five thousand square feet.

2.

Minimum lot width: seventy-five feet.

3.

Minimum lot depth: three hundred feet.

4.

Maximum building height: two stories, not to exceed thirty-five feet.

Setbacks.

a.

State Route 4: ten feet.

b.

Balfour Road: twenty-five feet.

c.

Interior property lines: ten feet.

6.

Off-street parking and vehicular access shall be provided in accordance with Chapter 17.620.

7.

On-site signage shall be allowed in accordance with Chapter 17.640.

8.

Perimeter security fencing shall be a maximum height of eight feet and shall be screened to obscure views from public right-of-way and adjacent properties.

(Ord. 960 § 23, 2015; Ord. 1013 § 2, 2020)

Chapter 17.518 PD-68 (PLANNED DEVELOPMENT SIXTY-EIGHT) ZONE

(§ 17.518.001 – § 17.518.007)

The authority, purpose and intent for the adoption of the PD-68 (planned development sixty-eight) zone are as follows:

A.

Authority. PD-68 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-68 zone is to permit and regulate the orderly development of the Miles/Fennell properties (also known as Bella Fiore) in accordance with the Brentwood General Plan for a maximum of ninety-eight single-family residential lots, a 4.01 acre remainder parcel, and related improvements.

C.

Intent. The PD-68 zone is intended to provide a neighborhood with a mix of single-family homes on various lots sizes, recreational amenities, and open space in conformance with the adopted general plan. The boundaries of the PD-68 zoning district and its subareas are as shown on the map in Section 17.518.007. (Ord. 934 § 2, 2014)

A.

Subarea A.

1.

Single-family dwelling units;

2.

Parks, playgrounds, and recreation trails;

3.

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

Subarea B. Those uses identified in Chapter 17.140 of the Brentwood Municipal Code as being permitted (R2 zone).

(Ord. 934 § 2, 2014)

Subarea A.

(Reserved);

2.

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

B.

Subarea B. Those uses identified in Chapter 17.140 of the Brentwood Municipal Code as being conditionally permitted (R-2 zone): nursery, childcare, day care center. (Ord. 934 § 2, 2014; Ord. 1083, 2/25/2025)

Minimum lot area: three thousand seven hundred thirty square feet. B.

Minimum lot width: thirty seven and one-half feet. C.

Minimum front yard setback: five feet for living spaces, and five feet for front porches.

D.

Minimum side yard setback: five feet.

E.

Minimum rear yard setback: five feet.

F.

Maximum building height: thirty feet and two stories.

G.

Maximum lot coverage: fifty percent for main residence and detached living area. (Ord. 934 § 2, 2014)

All general development standards are as set forth in Chapter 17.140 of the Brentwood Municipal Code. (Ord. 934 § 2, 2014)

A.

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.

B.

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

C.

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.

D.

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

E.

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

1.

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

2.

Setbacks are measured to building structure. Flatwork, column flairs, architectural elements, overhangs, and non-structural build-outs may encroach two feet into all required setbacks.

3.

Setbacks for side loading garages are measured to structural walls. Built-out or recessed window elements may encroach up to two feet into required front yard setbacks.

F.

G.

(Ord. 934 § 2, 2014)

==> picture [519 x 404] intentionally omitted <==

(Ord. 934 § 2, 2014)

Chapter 17.519 PD-69 (PLANNED DEVELOPMENT SIXTY-NINE) ZONE (§ 17.519.001 – § 17.519.007)

The authority, purpose and intent for the adoption of the PD-69 (planned development sixty-nine) zone are as follows:

A.

Authority. PD-69 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-69 zone is to permit and regulate the development of the City Block project, generally located west of Griffith Lane, and south of Balfour Road, in accordance with the Brentwood general plan for general commercial uses.

C.

Intent. The PD-69 zone is intended to provide for general commercial uses including retail uses, office uses, service uses and restaurant uses in conformance with the adopted general plan. The boundary of the PD-69

zoning district is as shown on the map in Section 17.519.007.

(Ord. 857 § 2, 2008)

The following uses are permitted in the PD-69 zone:

A.

General retail uses and convenience retail uses such as a bakery, pastry shop, bookstore, candy store, florist, newsstand, stationery/gift shop, ice cream parlor, supermarket, drugstore and similar uses;

B.

Service uses such as laundromat, laundry or dry cleaning pickup station, shoe repair, beauty and barber shop;

C.

Professional and business offices;

D.

Restaurant or café less than two thousand five hundred square feet per establishment restricted to sit-down or take-out facility only;

E.

Automatic teller machine; convenience banking center, full service bank, and other financial institutions;

F.

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

(Ord. 857 § 2, 2008)

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A.

Restaurant or café over two thousand five hundred square feet restricted to sit-down facility only; B.

On-sale or off-sale liquor establishments;

C.

Medical and dental offices;

D.

Nursery, child care, day care center, meeting hall or fraternal hall, community center, health club facilities or recreational/ exercise class facilities;

E.

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

(Ord. 857 § 2, 2008) The following uses are strictly prohibited within the PD-69 zone:

A.

Gas station, service station, and auto services or repair; car wash facilities;

B.

Motor vehicle sales or rentals, recreational vehicle sales or rentals;

C.

Drive-in and drive-through uses;

D.

Light industrial and manufacturing uses;

E.

Funeral services, mortuaries and crematoriums;

F.

Animal boarding facilities;

G.

Self-service storage facilities;

H.

Outdoor storage; outdoor display unless approved through the temporary use permit process. (Ord. 857 § 2, 2008)

A.

Minimum lot area: Four acres except that a master planned shopping center may be subdivided into parcels having a minimum lot area of ten thousand square feet;

B.

Minimum lot width: One hundred fifty feet except in the event of subdivision pursuant to subsection A of this section;

C.

Minimum street frontage: Three hundred feet except in the event of subdivision pursuant to subsection A of this section where frontage is not required provided perpetual access is provided by easements;

D.

Minimum street frontage yards: Ten feet, which shall be screened if required pursuant to Chapter 17.630;

E.

Minimum non-street frontage yards for property lines adjoining residentially-zoned property: Fifty feet, which shall be screened if required pursuant to Chapter 17.630;

F.

Minimum non-street frontage yards for property lines adjoining non-residentially-zoned property: Ten feet, which shall be screened if required pursuant to Chapter 17.630;

G.

Maximum building height: The maximum height of all structures shall be two stories not to exceed thirty feet. (Ord. 857 § 2, 2008)

A.

B.

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

C.

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.

D.

Advertising Signs. All signs shall adhere to the approved master sign program for this project.

E.

Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 of the Brentwood Municipal Code.

F.

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

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 the Brentwood Municipal Code. All lighting fixtures shall be a minimum cut-off classification. All pole-mounted and building-mounted lighting fixtures shall be mounted at a maximum twenty-foot height above the finished grade. Additionally, any buildingmounted fixtures on the rear of the buildings abutting residential areas shall have any light fixtures mounted as low on the building wall as determined feasible by the community development director. H.

Design and Site Development Review. The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to new structures within PD-69. (Ord. 857 § 2, 2008)

==> picture [519 x 664] intentionally omitted <==

(Ord. 857 § 2, 2008)

Chapter 17.521 PD-71 (PLANNED DEVELOPMENT SEVENTY-ONE) ZONE (§ 17.521.001 – § 17.521.006)

The authority, purpose and intent for the adoption of the PD-71 (planned development seventy-one) zone are as follows:

A.

Authority. PD-71 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations.

B.

Purpose. The purpose of the PD-71 zone is to permit and regulate development of the approximately 19.73 acres within the zone as designated by the city general plan.

C.

Intent. It is intended that in order to achieve the purpose of the PD-71 zone of implementing the development of single-family housing uses based on the policies and prescribed density allowed under the general plan, the zoning district shall be, as shown on the development plan and related exhibits and as further described below. The primary use intended for this area shall consist of detached single-family residential, duets, park and open space uses. The boundary of the PD-71 zoning district is as shown on the map in Section

17.521.006.

(Ord. 857 § 2, 2008)

The following uses are permitted within the PD-71 zone:

A.

Single-family dwelling units and duets not exceeding a density of five dwelling units per acre; B.

Accessory facilities or buildings related to the primary use subject to Chapter 17.660;

C.

Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Section 17.850;

D.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

Public parks and related facilities;

F.

Improved open space and trails; G.

Pedestrian bridges and riparian habitat enhancement and restoration activities subject to obtaining all applicable local, state, and federal permits;

H.

The keeping of domestic animals or pets subject to Chapter 17.670;

I.

Small family residential care facilities;

J.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

K.

L.

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

(Ord. 857 § 2, 2008; Ord. 1084, 3/11/2025)

The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

A.

(Reserved);

B.

Churches and religious institutions and parochial or private schools;

C.

Community buildings, recreational clubs such as tennis and swimming clubs intended to primarily serve the immediate neighborhood or residences within one-half mile of the recreational club when they are located at least fifty feet from the top of the bank of Marsh Creek;

D.

Other uses as determined by the community development director that because of the type of operation, materials stored, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

(Ord. 857 § 2, 2008; Ord. 1083, 2/25/2025; Ord. 1084, 3/11/2025)

A.

Minimum lot area: The minimum lot area for single-family detached units shall be five thousand square feet for sixty-seven percent of the lots on the 19.73-acre project site and four thousand five hundred square feet for thirty-three percent of the lots on the project site, excluding all single-family duet units that are approved pursuant to Chapter 17.725 of the Brentwood Municipal Code, which shall be permitted on lots with a minimum area of three thousand square feet;

B.

Minimum front yard setback: The front yard setback shall be fifteen feet as measured from the property line to any building façade or side entry garage and twenty feet for any garage facing the street measured from the property line to the center of the garage door. Front porches may encroach up to six feet;

C.

Minimum side yard setbacks: The minimum side yard setbacks for single-family detached units shall be a minimum of five feet with a minimum combined total of fifteen feet for both side yards. Duet units shall have a minimum zero-foot side yard setback for the common wall property line, with a minimum ten feet for the other side property line. Corner lots shall maintain a minimum side yard on the street side of ten feet;

D.

Minimum rear yard setback: The minimum rear yard setback shall be twenty feet. Detached garages may encroach up to ten feet;

E.

Minimum useable rear yard: The minimum useable rear yard per unit shall be five hundred square feet; F.

Maximum building height: The maximum building height for all structures shall be two stories and thirty feet; G.

Maximum lot coverage: Forty percent;

Architectural Design.

1.

All front entry doors shall be visible from the street and shall provide a minimum of two steps into the house,

2.

All housing units shall have useable (at least six feet by six feet) covered porches at front entrance,

3.

The inclusion of wrap-around porches is encouraged,

4.

The use of detached garages, tandem garages, or non-street facing garages is encouraged,

5.

A variety of architectural designs shall be used throughout the development area. The exact design shall be determined at the time of design review;

I.

An open space buffer area along the eastern edge of the site adjacent to Marsh Creek shall be provided with a minimum width of fifty feet measured from the top of the west bank of Marsh Creek. No lots shall be located within this buffer area. Additionally, a single-loaded frontage road, with homes along the west side of the road, shall parallel this buffer area along a majority of the site's creek frontage to encourage public access to this open space amenity;

J.

A meandering trail shall be provided within the open space buffer along Marsh Creek;

K.

Public access to open space and recreation amenities shall be encouraged;

L.

Enhancement of riparian habitat adjacent to Marsh Creek shall be required;

M.

The development of this property shall utilize a cluster-style development; N.

Unless specified above, design of any parks and related facilities shall be determined during design review in conjunction with a specific development proposal.

(Ord. 857 § 2, 2008)

A.

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

B.

Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H) for single-family dwelling units.

C.

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

D.

All street and other lighting shall be designed to utilize only cut-off or full cut-off classified fixtures. E.

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

The tentative map and design review for the future development of this property shall adhere to the city's adopted residential design guidelines.

G.

Landscaping. The landscaping standards for this development area shall comply with the regulations contained in Chapter 17.630, titled Landscaping and Screening, except as provided below:

1.

Street Trees. Street trees are required to be planted on all streets within the PD-71 zone. Tree spacing shall be approximately thirty feet on center. This also includes the Lone Tree Way frontage adjacent to any sound walls.

2.

Landscaping Along Marsh Creek. Trees, shrubs, and groundcovers within the open space buffer along Marsh Creek shall be planted in an irregular pattern to enhance the natural character of the riparian area and maintain views of the creek over time. Native plant material which is indigenous to the Brentwood area shall be utilized in all planting areas along Marsh Creek.

H.

Parks and Open Space. All park and open space areas or alterations thereto shall require design review by the parks and recreation commission prior to any development approval. A minimum of one park totaling at least one acre shall be provided within the southern portion of PD-71. The park shall be configured in such a manner as to allow for future expansion when the area south of PD-71 urbanizes in the future. Areas to remain as open space, including the open space buffer along Marsh Creek may be required to be offered for dedication as part of a public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, acceptable to the city council, sufficient to assure the maintenance and preservation of such open space for whatever purpose is intended. Covenants or other legal arrangements shall specify the ownership of the open space; method of maintenance, responsibility for maintenance; taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the city council; and any specification deemed necessary to the city.

I.

Any future development proposal for the project site shall be consistent with the city's master plans for infrastructure improvements including the water master plan, sewer master plan, reclaimed water master plan, storm drainage and flood control master plans, and the roadway circulation plan requirements for streets, bicycle and pedestrian facilities, and transit facilities. (Ord. 857 § 2, 2008)

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(Ord. 857 § 2, 2008)

Chapter 17.522 PD-72 (PLANNED DEVELOPMENT SEVENTY-TWO) ZONE (§ 17.522.001 – § 17.522.006)

The authority, purpose and intent for the adoption of the PD-72 (planned development seventy-two) zone are as follows:

A.

Authority. PD-72 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations.

B.

Purpose. The purpose of the PD-72 zone is to permit and regulate the orderly development of the area shown on the development plan and related exhibits, and to provide for reasonable opportunities for residents to enjoy privileges similar to those enjoyed by residents in other Brentwood neighborhoods in accordance with the General Plan.

C.

Intent. To achieve the foregoing purpose, the PD-72 zone shall include development standards to provide for a private neighborhood of attached single-family townhouses. The standards shall also make provision for accessory buildings and structures specific to the small residential parcels present within the zone. The boundary of the PD-72 zoning district is as shown on the map in Section 17.522.007. (Ord. 905 § 2, 2012)

"Accessory structure"

means a detached structure that is subordinate and incidental to the main building on the site, such as a shed, patio cover, arbor, trellis, or gazebo.

1. "Arbor"

means a horizontal shade structure supported by two or more posts in a single vertical plane, or similar structures. The roof may be composed of either a solid or lattice material and the structure is not enclosed on any side.

2. "Gazebo"

means a structure that is composed of multiple vertical posts forming a square, hexagonal, or octagonal footprint; supporting a solid roof and that is partially enclosed by railings or pony walls with a height of less than forty-two inches, or similar structures. Such structures generally have raised floors.

3. "Patio cover"

means a horizontal shade structure that is supported by three or more posts in more than two vertical planes, or similar structures. The roof may be composed of either a solid or lattice material and the structure is enclosed on less than fifty percent of its sides.

4. "Shed"

means a subordinate building enclosed on more than fifty percent of its sides that is used primarily for storage purposes, or similar structures.

5.

"Trellis"

means a landscape structure that is composed of two or more posts in a single vertical plane supporting a vertical lattice designed to support landscape material, or similar structures. A trellis may act as a dividing instrumentality or an extension thereof.

"Common area"

means property within the neighborhood that is owned by the homeowners association and supports landscape materials, driving and parking areas, carports, common walkways, the clubhouse, as well as the common pool and pool area.

"Internal property line"

means a property line that separates private or individually-owned property from other private or individuallyowned properties within the neighborhood and from property that composes the common area.

"Perimeter property line"

means a property line that separates either private individually-owned property or common area property from neighboring residential, commercial, or public facility parcels located outside of the Villa Terrace project area, as well as from the right-of-way.

"Private yard"

means ground-level open space that is enclosed within a wall or fence, and is directly accessible only from the unit that it serves.

(Ord. 905 § 2, 2012)

The following uses are permitted within the PD-72 zone:

A.

Apartments, condominiums, townhouses, and attached single-family homes;

B.

Rooming and boarding subject to Section 17.650.003;

C.

Accessory structures related to the primary use subject to Section 17.522.006(D);

Temporary uses related to the primary use, subject to obtaining a temporary use permit pursuant to Chapter 17.850;

E.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

Small family residential care facilities;

G.

The keeping of domestic animals or pets subject to Chapter 17.670; and

H.

Signs subject to Chapter 17.640;

I.

Residential care facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone;

J.

(Ord. 905 § 2, 2012; Ord. 1084, 3/11/2025)

The following uses are conditionally permitted within the PD-72 zone:

A.

Public facilities including parks, playgrounds, public schools and other public buildings;

B.

Churches and religious institutions and parochial or private schools; and

C.

(Ord. 905 § 2, 2012; Ord. 1084, 3/11/2025)

All permitted and conditionally permitted uses shall conform to the development standards set forth below: A.

Minimum lot area: one thousand two hundred square feet;

Minimum lot width: thirty-five feet;

C.

Minimum lot depth: thirty-five feet;

D.

Minimum private yard depth from internal property line: eight feet;

E.

Minimum private yard depth from perimeter property line: eight feet;

F.

Residential buildings may be located directly on internal property lines where those lines do not abut private open space;

G.

Maximum building height: twenty feet and one story;

H.

Maximum lot coverage: the residence may cover up to seventy-six percent of the lot area; I.

Maximum number of units: seventy-eight. (Ord. 905 § 2, 2012)

A.

Design and site development shall be required for all housing units pursuant to Section 17.100.003. B.

Off-street parking shall be provided pursuant to Chapter 17.620.

C.

The parking and storage of boats, trailers, and similar vehicles and equipment shall be prohibited. D.

Accessory structures shall be permitted as follows:

1.

Accessory structures may be placed anywhere within a private yard, except that sheds must be placed a minimum of twelve inches from any fence or wall erected on a perimeter property line and twelve inches from a building wall forming the side of a residential townhouse.

Accessory structures may have a maximum height of ten feet, except that they are limited to a height of eight feet within three feet of the property line (both internal and perimeter property lines) opposite the entry to the

residential unit.

3.

The total coverage of all accessory structures on a single residential property may not exceed more than thirty percent of the total square footage of a private yard.

4.

Sheds are limited to a maximum floor area of one hundred twenty square feet.

5.

Sheds must be placed a minimum of twelve inches from any exterior building wall and any fence or wall erected on a perimeter property line.

6.

All accessory structures must be free-standing and may not overhang any building, wall, fence, or any of their appurtenances.

E.

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

F.

Private useable open space shall be maintained as follows:

1.

Private usable open space shall be directly accessible from the unit served and be available only to that unit. 2.

Private usable open space shall have a minimum area of two hundred ninety-five square feet and a minimum dimension of eight feet.

3.

Each private useable open space may be enclosed with a stucco-covered masonry wall or wooden fence with a height of up to six feet.

(Ord. 905 § 2, 2012)

Chapter 17.600 SUPPLEMENTARY REGULATIONS—GENERAL (§ 17.600.001 – § 17.600.003)

A.

Title. The provisions of this article shall be known as the "supplementary regulations" of this title. B.

Purpose. The provisions of Chapters 17.610 through 17.690 are applicable to certain principle and accessory uses which are common to more than one zone or uses which require more specific and/or additional regulations.

(Ord. 408, 1987)

Wherever in the zoning ordinance it provides that a use "is permitted" or there is a "regulation" or "requirement" with a reference to any of the aforementioned chapters, it shall mean that the regulations contained in such chapter shall apply.

(Ord. 408, 1987)

Supplementary regulations include the following:

A.

Chapter 17.610: Nonconforming Uses;

Chapter 17.620: Off-Street Parking;

C. Chapter 17.630: Landscaping and Screening; D. Chapter 17.640: Signs; E. Chapter 17.650: Accessory, Temporary and Service Uses; F. Chapter 17.660: Encroachments into Required Yards; G. Chapter 17.670: Animals; H. Chapter 17.680: Oil and Gas Production; I. Chapter 17.690: Adult Entertainment. (Ord. 408, 1987)

Chapter 17.610 NONCONFORMING USES (§ 17.610.001 – § 17.610.015)

A.

Title. The provisions of Chapter 17.610 shall be known as the "nonconforming use regulations" of this title. B.

Purpose. The purpose of the nonconforming use regulations is to provide for the general welfare and convenience of the public through the elimination of those nonconforming activities and facilities considered to be detrimental to the orderly growth and development of the city.

(Ord. 408, 1987)

The nonconforming use provisions shall be applicable to the use of any land, building or structure; any building or structure itself; or a lot within the city which is not in conformance with the regulations of the zoning ordinance of the city of Brentwood.

(Ord. 408, 1987)

For the purposes for this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Alteration"

means an enlargement, addition, relocation, repair, remodeling, increase in the number of dwellings or rooming units, development of or change in open areas, any increase in occupancy or tenants, change in use, or any other change in an activity or facility. Alteration shall not include painting and ordinary maintenance, demolition or removal, change in ownership, tenancy or management or an approved activity substitution.

"Lot of record"

means a lot or other parcel of land shown on the tax rolls of the county of Contra Costa on the effective date of the ordinance codified in this title.

"Nonconforming activity"

means the use of land, a building or a structure which use was permitted within the zone in which it was located at the time it was established but which has become no longer permitted due to subsequent

annexation, rezoning of the land or amendment of the zoning regulations. For purpose of this section the term "activity" includes signs.

"Nonconforming facility"

means a building or structure or other land development that was lawfully constructed in conformance the applicable zoning regulations with respect to setbacks, height, off-street parking and similar provisions but which is no longer in conformance with existing regulations due to annexation, rezoning of the land or amendment of the zoning regulations.

"Nonconforming lot"

means a "lot of record" lawfully subdivided in conformance with the applicable zoning regulations but which is no longer in conformance with existing regulations with respect to area or dimension due to annexation, rezoning of the land or amendment of the zoning regulations.

"Nonconforming use"

means a nonconforming activity, facility or lot.

(Ord. 408, 1987)

Except as otherwise provided by this chapter, no nonconforming use shall be expanded, extended, enlarged, substituted, replaced or otherwise altered without conforming to the provisions of this chapter.

(Ord. 408, 1987)

The following activities may continue not withstanding their status as nonconforming activities however, in the event the activity is discontinued for a period of six months or more, the activity is changed to a conforming use, or the activity is changed to a substitute nonconforming use, status as a nonconforming activity shall be considered terminated and the use may not be reestablished:

A.

Any residential use in any zone;

B.

Agricultural uses limited to the production of crops or plants, vines and trees and bulbs and seeds. (Ord. 408, 1987)

Nonconforming activities shall be terminated by the date stated or within five years following annexation or adoption of any future ordinance making a conforming use nonconforming in the following cases: A.

In any R or A zone or the OS zone where no buildings are employed in conjunction with a nonconforming activity or where any buildings or structures are incidental to a nonconforming activity and have an appraised value (for tax purposes) of less than two thousand dollars (or one percent of the current appraised value of the land, whichever is greater) the nonconforming activity shall be terminated by January 1, 1992.

B.

Nonconforming signs shall be subject to termination pursuant to Section 17.640.012. C.

In any district where a nonconforming activity is being conducted in conjunction with or as an accessory to the use of the property as a residential use, such nonconforming activity shall be terminated by January 1, 1990 unless a home occupation permit is obtained.

D.

In any zone of the city all nonconforming activities not subject to Section 17.610.005 or subsections 17.610.006A through C shall be terminated by January 1, 1990 unless a conditional use permit is obtained. Conditional use permit approval shall not terminate the nonconforming status of the activity except where the use is a conditional use within the zone in which it is located but shall establish the ultimate termination date of the activity based on the intensity of the activity, the value of the business or activity, the capability of the

activity being converted to a conforming activity and the impact of the activity on surrounding property. In addition, conditions of approval may be imposed to assure compatibility of the activity with the neighborhood during the period pending its termination.

E.

Any activity which is nonconforming by reason of noncompliance with the performance standards set forth in Section 17.200.004 shall be terminated by January 1, 1991 unless measures are adopted to conform therewith.

(Ord. 408, 1987)

Prior to July 1, 1988 the owner and any tenants, lessee, renter or other occupants of any lot on which is being conducted a nonconforming activity which is subject to termination under the provisions of Section 17.610.009 shall be given constructive notice of the provisions of this chapter, the specific provisions of the ordinance which makes the activity nonconforming, and notice of the date that the activity is to be terminated. Failure of the city to give the prescribed notice by the date specified shall constitute automatic grant of an extension of the termination date ultimately determined for a period equal to the period of time

notice was delinquent.

(Ord. 408, 1987)

Subject to conditional use permit approval, a nonconforming activity may be terminated and a substitute nonconforming activity established where it is found that the substitute activity is more in conformance with the other uses permitted within the zone. Such substitution must occur within three months of conditional use permit approval. The substitute use shall be considered a nonconforming activity, conditional use permit approval notwithstanding.

(Ord. 408, 1987)

In the event a nonconforming activity is terminated as a result of its destruction by accident or by flood, earthquake or other act of nature such nonconforming activity shall not be reestablished. For the purposes of this section termination shall mean the cessation of the activity for more than thirty days.

(Ord. 408, 1987)

Any building or structure may continue to be maintained notwithstanding its status as a nonconforming facility except, however, in the event such building or structure is voluntarily razed, status as a nonconforming facility shall be considered terminated and reconstruction shall be in conformance with the applicable zoning regulations.

(Ord. 408, 1987)

A nonconforming facility shall not be altered except in conformance with the regulations of the zoning ordinance. Applications for a variance to allow such alteration is not precluded and if variance approval is granted, nonconforming facility status shall be terminated.

(Ord. 408, 1987)

In the event a facility is nonconforming by virtue of a deficiency in off-street parking, substitution with another use shall not be permitted if the off-street parking requirements of the new use exceed those of the previous use.

(Ord. 408, 1987)

In the event any nonconforming facility is destroyed or damaged as a result of accident or by fire, flood, earthquake or other act of nature to an extent exceeding fifty percent of its current assessed value it shall not be repaired or reconstructed except in conformance with the applicable zoning district regulations. (Ord. 408, 1987)

Any "lot of record" may continue to be maintained and developed under the provisions of this title notwithstanding its status as a nonconforming lot with respect to required area, width or frontage.

(Ord. 408, 1987)

Notwithstanding the provisions of Sections 17.610.009 and 17.610.013 above, a nonconforming residential

use may be reestablished through the granting of a building permit when the following conditions are satisfied.

1.

A building permit has been issued by the city no later than one year from the date when the nonconforming residential use ceased; and

2.

The nonconforming use is determined to be single-family residential; and

3.

The single-family dwelling was the place of principal residence of the property owner at the time the use was involuntarily terminated;

4.

The nonconforming use and/or nonconforming facility was involuntarily terminated as a result of its damage or destruction by accident, fire, flood, earthquake or other act of nature.

(Ord. 468 § 13, 1990)

Chapter 17.620 OFF-STREET PARKING (§ 17.620.001 – § 17.620.022)

A.

Title. The provisions of this chapter shall be known as the "off-street parking and loading regulations" of this title.

B.

Purpose. The purpose of the off-street parking and loading regulations is to provide for the general welfare and convenience of the public utilizing the various uses located within the city by providing the following:

1.

Adequate and functionally designed parking and loading areas and spaces to serve the owners, tenants, customers and/or other users of facilities within the city;

2.

The safe movement of traffic on public streets by deemphasizing dependence on on-street parking and, through the proper design of off-street parking lots, to reduce conflict with traffic on city streets;

3.

Assurance that off-street parking and loading areas and their use shall not have adverse impact on adjacent or nearby residential uses or areas.

(Ord. 408, 1987)

Off-street parking and loading shall be required for all new uses or change in use as follows:

A.

Off-street parking and loading in compliance with the regulations of this chapter shall be required with the construction of any new building or structure, the addition to an existing building or structure, or with the relocation of a building or structure onto a different lot.

B.

Off-street parking and loading in compliance with the regulations of this chapter shall be required at such time as the use of any land, building, structure or portion thereof is changed from a nonconforming use to a

conforming use within a zone where the conforming use has off-street parking and loading requirements in excess of the previous use.

C.

Additional off-street parking and loading in conformity with the regulations of this chapter shall be required at such time as the use of any land, building, a structure or portion thereof changes from one conforming use to another conforming use within a zone where the new use has off-street parking and loading requirements in excess of the previous use.

(Ord. 408, 1987)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Access driveway"

means that portion of a parking lot providing access other than aisles.

"Aisle"

means that portion of a parking lot which is contiguous to a parking space and provides direct access thereto.

"Camper"

means a structure designed to be mounted upon a motor vehicle for human habitation or other purposes.

"Commercial parking"

means a private parking lot or garage where parking is the principal use of the property for free or fee.

"Historical building"

means a building erected prior to 1930 and/or any other building which has been found by the city to have historical or architectural significance.

"Motor vehicle"

means a vehicle which is self-propelled.

"Municipal parking"

means a parking area or lot, including portions of public streets, owned by the city of Brentwood, Brentwood redevelopment agency, parking district or other municipal body or agency.

"Off-street loading space"

means a parking space or portion of a parking lot marked and designed for temporary parking for purposes of on-loading and off-loading.

"Off-street parking"

means the standing, for a period of time on private property, of any vehicle for purposes of temporary parking, long or short-term storage or on-loading and off-loading.

"Parking lot"

means an area of land, a yard or other open space on a lot used for or designed for use by standing motor vehicles. Parking lots shall include parking spaces, aisles, access driveways, and other areas providing ingress and egress to parking spaces.

"Parking space"

means land or space, covered or uncovered, including space in a private garage, laid out for, surfaced and used or designed to be used for temporary storage, loading or unloading by a standing motor vehicle and permanently maintained as such. "Parking space" does not include access driveways, aisles and other areas used for ingress and egress to parking spaces.

"Private parking"

means a parking lot or space located on private property, which, generally, is not available for public use, except with the specific permission of the property owner.

"Public parking"

means a parking lot or space located on private property, which generally is advertised, designated or

otherwise available for public use with the implied permission of the property owner for customers, clients, visitors or employees.

"Trailer"

means a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle.

"Vehicle"

means a device by which any person or property may be propelled, moved or drawn upon a highway. For purposes of this chapter, "vehicle" includes bicycle, wagon, cart or similar devices which are normally propelled by humans.

"Vehicle storage"

means the observed parking of any vehicle, trailer or similar equipment at the same approximate location at two successive times more than seventy-two hours apart within any two-week period.

(Ord. 408, 1987)

The off-street parking requirements for uses within the city shall be determined in accordance with the following procedures:

A.

Off-street parking and loading requirements shall be established for a building, site or use at such time as a use permit, building permit, business license, or other approval is granted for a new building, new use of land or change in use of a building or land.

B.

Subsequent changes in land use shall be permitted provided the overall requirement for spaces on the lot continues to be maintained.

C.

Existing off-street parking and loading may not be reduced at such time as the use of any land, building or structure or portion thereof changes from one conforming use to another conforming use within a zone where the new use has off-street parking and loading requirements less than the previous use, except through the issuance of a conditional use permit.

(Ord. 408, 1987)

The number of required off-street parking and loading spaces required shall be calculated in accordance with the following rules:

A.

If after calculating the number of required off-street parking spaces, a figure is obtained containing a fraction of one-half or more, one additional space shall be required. If such fraction is less than one-half, it may be disregarded.

B.

When the requirement is based on number of seats, each twenty inches of pews, benches, bleachers or similar seating shall be counted as one seat.

C.

When the parking requirement is based on floor area, "floor area" includes the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, employee cafeterias and upper floors, expressed in square feet measured from centerlines of joist separations and exteriors.

Whenever a single lot contains different uses which all have the same parking or loading requirement, the overall requirement shall be based on the total floor area or other applicable unit of measurement prescribed herein.

E.

When a single lot contains uses with different requirements, the overall requirements shall be the sum of the requirements for each use calculated separately.

F.

Where there is an addition to a building or structure, or increase in the amount of open land use, the addition of new floor area within an existing building, an increase in the number of dwelling units on the site, or otherwise an increase in the amount of parking required, additional off-street parking need only be required to the extent of that required for the addition or increased occupancy. G.

A conditional use permit shall be required in case of any unlisted use or a use for which the off-street parking and loading requirements cannot be clearly determined.

(Ord. 408, 1987)

When applicable, pursuant to Section 17.620.002, the number of off-street parking spaces to be provided for uses within each zone shall be in accordance with the Sections 17.620.007 through 17.620.014. The parking

spaces required in these sections shall be considered as a minimum number and a greater number of spaces may be required, if justified, as a condition of approval of a conditional use permit or design and site development review permit.

(Ord. 408, 1987)

Except as specified in Section 17.620.012 there shall be required for permitted uses in a residential zone the number of off-street parking spaces specified in this section:

A.

Single-Family Dwelling.

1.

Primary Dwelling Unit. Two spaces, both of which shall be enclosed within a garage.

2.

Accessory Dwelling Unit. The number of spaces required in Section 17.100.005(D)(10).

B.

Two- and Three-Family Dwellings. A total of 0.5 assigned, covered spaces per zero-bedroom units (studios) and 1.5 assigned, covered spaces per one-bedroom unit. Two assigned spaces for each dwelling unit larger than one bedroom, all of which shall be covered;

C.

Four- and More Family Dwellings. A total of 0.5 assigned, covered spaces per zero-bedroom units (studios) and 1.5 assigned, covered spaces per one-bedroom unit. Parking for units larger than one bedroom shall be provided for each dwelling unit in an apartment complex at a ratio of one assigned space which shall be covered plus one common space which may be uncovered;

D.

Condominium or Similar Single-Family Residence Projects. Two assigned spaces which shall be enclosed within a garage, and two common spaces for each dwelling unit which may be uncovered; E.

Mobile Home Park. Two assigned spaces on each mobile home lot, one of which shall be covered, plus one of which may be covered, plus one common space for each two mobile home lots which may be uncovered; F.

Common parking spaces in mobile home park, apartment, condominium and similar projects shall be distributed throughout the project with some concentration near recreation, laundry and other community facilities;

Two-unit housing developments, as defined in Chapter 17.797, shall comply with the parking requirements set forth therein.

(Ord. 408, 1987; Ord. 991 § 2, 2017; Ord. 1021 § 5, 2021; Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022; Ord. 1084, 3/11/2025)

Except as specified in Section 17.620.012 there shall be required for permitted uses in all C zones public parking at the rate of one space for each two hundred square feet of gross floor area or open space area devoted to a use.

(Ord. 408, 1987)

Except as specified in Section 17.620.012 there shall be required for permitted uses in an I or a PEC zone, public parking at the rate of one space for each five hundred square feet of gross floor area or open space area devoted to a use.

(Ord. 408, 1987)

Except as specified in Section 17.620.012 there shall be required for permitted uses in an A or an OS zone private parking at the rate of two spaces for each dwelling unit or other use. (Ord. 408, 1987)

Except as specified in Section 17.620.012 there shall be required for permitted uses in a PF or SPF zone public parking at the rate of one space for each two hundred square feet of gross floor area or open space area devoted to a use.

(Ord. 408, 1987)

When applicable, pursuant to Section 17.620.002, the number of public off-street parking spaces to be provided for specific uses, zone notwithstanding, shall be in accordance with the following:

Temporary roadside stand for sale of agricultural products: five spaces which may be unimproved; B.

Agricultural processing uses: five spaces plus one space for each one thousand square feet of gross floor area, or one space for each one and one-half employees on a maximum shift, whichever is greater; C.

Contractor, material and equipment storage yards, transportation and trucking yards, building material yards and similar open land uses where any building is accessory to the use: five spaces, exclusive of company vehicle storage, plus one space for each two thousand square feet of gross site area; D.

Manufacturing: five spaces plus one space for each eight hundred square feet of gross floor area, or one space for each one and one-half employees on a maximum shift, whichever is greater; E.

Warehousing: five spaces plus one space for each one thousand square feet of gross floor area; F.

Building materials, hardware, nursery and garden supply: one space for each three hundred square feet of gross floor area plus one space for each one thousand square feet of open space area devoted to retail use, plus one space for each two thousand square feet of open area devoted to wholesale use or area restricted to employees only;

General retail sales: one space for each two hundred square feet of gross floor area;

H.

Business, professional and financial offices: one space for each two hundred fifty square feet of gross floor area;

I.

Automobile service station: three spaces plus five spaces for each auto service bay;

J.

Eating and Drinking Places.

1.

Restaurants, bars, and nightclubs: one space for each one hundred square feet of gross floor area, plus one space for each fifty square feet of gross floor area used for dancing or other assembly uses,

2.

Carry-out restaurant: one space for each two hundred square feet of gross floor area,

3.

When located in shopping centers, the number of required parking spaces may be reduced at the time of issuance of a conditional use permit based on the following factors:

a.

Mix of land uses within the shopping center and their projected parking demand,

b.

Hours of operation of the various land uses,

c.

Floor area of shopping center,

d.

If the shopping center is existing, the number of parking spaces actually occupied at peak hours,

The applicant shall submit the above information with the conditional use permit application;

K.

Hotels, motels and tourist courts, rooming and boarding houses: one space for each sleeping unit plus the required spaces for ancillary eating and drinking places, places of assembly or retail trade;

L.

Automotive repair and service: five spaces plus five spaces for each repair or service bay or four hundred square feet of gross floor and open space area, whichever is less;

Motion Picture Theater. See subsection U of this section;

N.

Bowling alleys: five spaces per alley plus an amount required for any ancillary eating and drinking place or other use;

O.

Automotive, boat and mobile home and recreational vehicle dealer: one space for each three hundred square feet of gross floor area plus parking in an amount specified for automotive repair and service; P.

Offices of physicians, dentists and other health practitioners: one space for each two hundred square feet of gross floor area or five spaces per physician or dentist, whichever is greater;

Q.

Nursing and personal care facilities: five spaces plus one space for each three beds over ten. For nursing or convalescent homes one additional space for each one and one-half employees on a maximum shift shall be

provided; R.

Hospitals: one space for each patient bed plus the required spaces for ancillary office, clinic, outpatient and similar uses;

S.

Educational facilities:

1.

Child care nurseries and preschool facilities: three spaces for the first fifteen children authorized plus one space for each ten additional children,

2.

Schools, grades K-8: two and one-half spaces for each classroom,

3.

Schools, grades 9-16: one space for each two students plus one space for each one and one-half employees at designed capacity,

4.

Trade, vocational, professional and business school: one space for each two students plus one space for each one and one-half employees at designed capacity,

5.

In-Lieu Parking Provisions.

a.

The spaces required for any place of assembly may be reduced in the amount of any space otherwise required for a school,

b.

The spaces required for any place of assembly may be located within school playground or similar surfaced open space area;

T.

Places of assembly such as religious sanctuary, funeral chapels, auditoriums, theaters, sports arenas, social hall, exhibition hall, dancehall, fraternal hall, meeting room: one space for each five fixed seats in principal assembly rooms or where seats are not fixed, one space for each fifty square feet of floor area;

U.

Public stable: one space for every four horses authorized for boarding. Public stables shall provide the capability of off-street loading and storage of multi-horse vans and trailers as may be required as a condition of conditional use permit approval;

V.

Billiard and pool room: five spaces plus two spaces for each table;

W.

Golf course and/or driving range: five spaces for each hole plus one space for each driving range tee plus parking required for any bar, restaurant, retail, office or other ancillary use.

(Ord. 408, 1987; Ord. 467 §§ 2—6, 1990; Ord. 486 §§ 2, 3, 1991; Ord. 736, 2003; Ord. 813 § 1, 2005)

Bicycle parking shall be provided within any parking lot developed within a C district or for any public or semipublic facility in accordance with the following regulations:

A.

In each parking lot there shall be provided at least four bicycle spaces with a total of spaces to be provided equivalent to five percent of the total vehicle parking spaces in the lot.

Bicycle parking spaces may be integrated into the parking lot or may be separate.

C.

Bicycle parking spaces shall have a minimum width of two feet and a length of six feet.

D.

Bicycle parking spaces shall be located adjacent to bicycle paths and pedestrian walkways and shall be located on the site in a manner that will provide parking within fifty feet of the public entrance to each building or use.

(Ord. 408, 1987)

Parking for the physically handicapped shall be provided as follows:

A.

For a building, structure or use which is in part used by the general public or for a publicly funded residential project there shall be provided parking for the physically handicapped in accordance with the following regulations:

1.

Handicapped parking spaces shall be located as near as practical to a primary entrance to the building, structure or use or to any access provided for the handicapped.

2.

Handicapped parking shall be provided in each parking lot in the amount of one additional space for the first twenty-five spaces in the lot plus one additional space for each fifty additional spaces in the lot.

3.

Handicapped parking spaces shall be signed as set forth in the California Vehicle Code.

4.

Handicapped parking spaces shall have a designated loading zone having a minimum width of five feet. Where two handicap spaces adjoin, such loading zone may be jointly provided.

(Ord. 408, 1987)

In conjunction with the development of any off-street parking facility there shall be provided off-street loading space in accordance with the following:

A.

Off-street Loading Spaces Required—General. Off-street loading spaces shall be required in accordance with the following schedule:

Square Foot Gross Floor Area	Spaces Required
Less than 10,000	0
10,000 to 19,999	1
20,000 to 29,999	2
30,000 to 49,999	3
50,000 to 75,000	4
Each additional 25,000	1

B.

Off-street loading spaces required—specific: none at this time.

C.

Off-Street Loading Space Regulations. Off-street loading spaces shall be designed and developed in accordance with the following regulations:

Off-street loading areas shall be improved to the same standards as off-street parking lots except in the case of industrial, heavy commercial or similar uses where it is found by the city that the off-street loading areas are not accessible to the public.

2.

Off-street loading spaces or areas may be separate or integrated as part of the off-street parking lot.

3.

In the case of uses or buildings having less than twenty thousand square feet gross floor area, required offstreet parking spaces may be designated as off-street loading spaces provided they have a width of at least ten feet and a length of at least twenty-five feet.

4.

In the case of uses or buildings having twenty thousand square feet gross floor area or more, each loading space shall be not less than forty-five feet in length and twelve feet in width.

5.

Off-street loading spaces shall be located in a manner so as to not obstruct traffic within a parking lot nor require backing onto a public street.

6.

Off-street loading spaces shall have an overhead clearance of not less than fifteen feet.

D.

Exceptions. The provisions of this section shall not be applicable to the following:

1.

To a commercial or industrial use where off-street loading is one of the principal activities associated with the use;

2.

To any residential or agricultural use.

(Ord. 408, 1987)

The parking or storage of a motor vehicle, trailer, camper, boat, aircraft or similar equipment must be in conformance with the following:

A.

Abandoned Vehicle. The parking or storage of an abandoned, wrecked, dismantled or inoperative vehicle in any zone is subject to Chapter 10.20, Abandoned vehicles.

B.

Public Right-of-Way. The parking or storage of a vehicle, trailer or similar equipment within a public right-ofway in violation of applicable traffic codes, or for more than seventy-two consecutive hours, is prohibited (see Chapter 10.13 and the California Vehicle Code).

C.

Residential District. The parking or storage of a vehicle or similar equipment is permitted in any residential district subject to these regulations. The vehicle or equipment must:

1.

Not be used for living or sleeping;

2.

Not be a vehicle that requires a Commercial Class A, Commercial Class B, or Commercial Class C California driver's license to operate;

3.

Not be stored in an unsafe manner, as determined by the city; and

Comply with the following:

a.

If parked or stored within a front yard or an unfenced side yard, the vehicle must be a passenger vehicle, motorcycle, motor scooter, or truck (excluding a truck tractor or a vehicle exceeding a maximum six thousand pounds base pound weight), and:

i.

Not be a trailer, boat, motorhome, or RV,

ii.

Be entirely located on the designated paved driveway area that provides direct access to the garage from the street; or on a driveway extension (the area of the front yard between the driveway and its nearest side yard property line, that is improved in a manner substantially similar to the driveway). In this section, "paved driveway area" includes any impervious surface, including concrete, brick, pavers or asphalt, iii.

Not exceed twenty feet in length and twelve feet in height,

iv.

Not be within the visibility triangle as defined at Section 17.640.004, Sign ordinance;

b.

If stored within a side or rear yard, the vehicle (including a trailer, recreational vehicle (RV), motorhome, boat, boat mounted on a trailer, or similar equipment) must:

i.

Not exceed twelve feet in height,

ii.

Be stored behind a solid six-foot fence, or other wrought iron or chain link fence with screening material on it, iii.

Not be used for living or sleeping,

iv.

If the property has an access driveway for vehicle storage in the side or rear yard, the curb cut to the access driveway requires an encroachment permit and the property owner must maintain the required percentage of landscaped area under Section 8.36.030(B), Residential landscaping requirements—Structures completed after the year 1987. A vehicle may not be parked or stored on the access driveway. An access driveway is a secondary driveway not adjacent to the main driveway, on the opposite side of the front yard (or on the adjacent street of a corner lot). An access driveway may be improved with an impervious surface or with open pavers with green planting material growing through and around the pavers.

(Ord. 408, 1987; Ord. 999 § 7, 2018)

Subject to conditional use permit approval, off-street parking requirements may be reduced. The amount of parking required shall be based on:

1.

Type of senior housing project (congregate care, senior apartments, subsidized housing, residential care, etc.);

2.

Availability of public transportation;

3.

Provision of private van or bus service;

Mix of unit types with respect to number of bedrooms per unit.

No conditional use permit shall be granted unless the property owner has entered into, or is required to enter into, a written agreement with the city of Brentwood restricting use of the facility to senior citizens for a period of not less than thirty years.

(Ord. 408, 1987; Ord. 467 § 8, 1990)

That area so designated on the zoning map of the city of Brentwood is found and declared to be an area impacted by the off-street parking regulations of the city and is characterized by higher per-square-foot land values, inequities between land owners in the provision of off-street parking, the availability of on-street parking, the existence of parking lots which are inefficient or function poorly because of design, and the existence of fragments of land which are basically unusable due to the restrictions of this title. Within the area so designated the following off-street parking regulation shall apply.

Notwithstanding any proposed use, the parking requirement for buildings existing as of October 22, 1987 shall be at least one space for each nine hundred square feet of ground floor area and one space for each one thousand eight hundred square feet of basement or upper floor area.

An existing building may be substantially remodeled for purposes of historical preservation or restoration without the provision of off-street parking; provided: 1.

There is no increase in floor area except that an increase in ground floor area may be allowed to occupy any vacant area on the site, provided the area is not or cannot be utilized for off-street parking purposes.

Any existing off-street parking is maintained.

3.

Any potential off-street parking spaces are developed for off-street parking. C.

If any existing building is increased in occupancy within the building through division thereby creating additional spaces for purposes of lease, franchise, rental or other occupancy above that existing on October 22, 1987, for each new commercial space created having an area of one thousand two hundred square feet or more, there shall be provided one parking space for each nine hundred square feet of floor area in the space or spaces created, and for each new commercial space created having an area of less than one thousand two hundred square feet, there shall be provided one parking space for each three hundred square feet of floor area in the space or spaces created. Such parking spaces shall be in addition to any existing parking spaces; however, the total parking spaces need not exceed the minimum required by subsection A of this section.

(Ord. 408, 1987)

The off-street parking and loading requirements of a use may be met through the following in-lieu provisions: A.

When the site of the use is located within an off-street parking assessment district to the extent of the amount of the benefit ratio determined by the district;

When the site of the use can be annexed to an off-street parking assessment district and upon payment to the district of the costs of the required off-street parking spaces; C.

By payment of the costs of the required off-street parking spaces into a trust fund to be administered by the city for the provisions of future off-street parking facilities;

D.

Where costs of required off-street parking are to be paid to the city or assessment district such costs will be based on the fair market value of the land on which the new use is to be located, the amount of land necessary to provide the required off-street parking, and the current costs of paving and other necessary improvements as determined by the city.

(Ord. 408, 1987)

All required off-street parking and loading facilities shall be located on the same site on which is located the use they serve except as follows:

A.

In the case of any new use, building or structure where it is found that due to parcel size, location or other circumstances the required off-street parking cannot or should not be provided on the site, the required offstreet parking may be located on another site located within three hundred feet of the use which site may be in the same or different ownership or in the cooperative ownership.

B.

Where any required off-street parking is located off-site the parking requirements will be considered to be met only through the execution of an agreement to be recorded in the offices of the county recorder as a covenant running with the land for the benefit of the city providing that the owner or owners and their heirs, assigns or successors in interest will continue to maintain such parking facilities for the exclusive benefit of the use as long as the building or use they are intended to serve is maintained.

C.

When the off-street parking and loading requirements for the use are satisfied by use of the in-lieu provision of Section 17.620.019.

(Ord. 408, 1987)

Parking lots which are developed or redeveloped after October 22, 1987 shall be designed in accordance with the following regulations:

A.

Minimum parking space width: nine feet except as specified in subsection D of this section.

B.

Minimum parking space length: twenty feet except as specified in subsection D of this section and for parallel parking which shall be twenty-four feet.

C.

Aisle Width. The required width of aisles shall vary with the width and angle of the parking space as specified in the following table:

Angle in Degrees	Aisle	Width
	8 to 9-1/2 foot space	Greater than 9-1/2 foot space
90 (Perpendicular)	25	25
76—89	22	21
61—75	18	19
46—60	15	14
1—45	13	12

Angle in Degrees	Aisle	Width
	8 to 9-1/2 foot space	Greater than 9-1/2 foot space
0 (Parallel)	13	12

D.

Compact Car Parking. Up to thirty percent of the required number of off-street parking spaces may be designated for the parking of compact cars only. Such spaces may be reduced in required width by one foot and in length by four feet. Compact spaces shall not be located directly opposite another compact space along an aisle providing access to such spaces.

E.

Driveway Width. Where a parking lot does not abut a public street, there shall be provided a service drive or easement of access which shall be unoccupied and unobstructed, which shall be improved to parking lot standards and which shall have a width of not less than twenty-five feet except as follows:

1.

In the event more than one driveway or easement of access is provided, the width for one-way access may be reduced to twelve feet.

2.

Driveways or easements of access having a length of less than fifty feet may have a width reduced to eighteen feet.

3.

Driveways or easements of access providing access to parking lots of less than ten spaces may have a width reduced to sixteen feet.

F.

Access. Parking lots shall be designed to provide clear ingress and egress to all spaces with a minimum of maneuvering. Parking in tandem shall be prohibited except two cars may be parked in tandem on mobile home lots and on individual single-family, duplex and triplex lots. The backing out from a parking lot onto a public street shall be prohibited except in R zones for lots of less than six spaces.

G.

Curb Cuts. Curb cuts for driveway purposes shall be approved by the city and shall be regulated in number and location in a manner that will; in order of importance:

1.

Minimize conflict with movement of traffic;

2.

Minimize loss of on-street parking;

3.

Provide ease of ingress to the parking lot;

4.

Provide ease of egress from the parking lot.

H.

Maintenance of Visibility. Parking lots shall be designed in a manner that will assure that site distances are maintained, particularly at points of egress to a public right-of-way.

I.

Within any zone, except for necessary access driveways, no portion of a parking lot or space shall be located in any required front yard or required side yard adjacent to a street.

Valet or Other Controlled Parking. Subject to obtaining a conditional use permit the design provisions of this section may be revised for purposes of accommodating a larger number of vehicles within a parking lot. Such revisions shall include the allowance of tandem parking and reduced dimension and shall only be allowed where valet service is provided for public parking, where parking is completely controlled by the use with no public parking and where the reduced standards will not impact other portions of a parking lot, if any. Any conditional use permit approved pursuant to these provisions shall be temporary and shall not be construed to allow a reduction in the number of off-street parking spaces or the design standards otherwise required. (Ord. 408, 1987)

Parking lots which are developed or redeveloped after October 22, 1987 shall be developed and maintained in accordance with the following regulations:

A.

Surfacing. Parking lots shall be surfaced with an asphaltic or Portland cement binder pavement, building stone or equivalent material approved by the city on a suitable base so as to provide a durable and dust-free surface.

B.

Screening. Parking lots for more than six vehicles shall be screened in accordance with Sections 17.630.005 and 17.630.009.

C.

Striping. All parking and loading spaces and, when required, aisles, pedestrian walkways and crossings, visitors' parking, fire lanes, no-parking areas and driveways, shall be striped and otherwise designated to provide for the safe loading, unloading and parking and storage of vehicles and shall be so installed as to be in accordance with the standards of the city for such improvements.

D.

Barriers. Curbs, tire stops or similar barriers shall be provided where a parking space abuts any structure, boundary of an adjacent property, landscaped area or tree. Barriers shall be placed in a manner that will prevent the overhang of a vehicle over a required landscaped area. E.

Parking lot lighting shall be installed to the approval of the city. All lighting shall be directed or shielded so as to not produce nuisance or annoyance on abutting properties. Lighting shall be of the type or in a location such that it does not constitute a hazard to vehicular traffic, either on private property or on abutting streets. The spacing and height of the standards and luminaries shall be such that a maximum of seven foot-candles and a minimum of one foot-candle of illumination are obtained on all vehicle access ways and parking areas. The height of lighting fixtures shall not exceed thirty feet. To prevent damage from automobiles, standards shall be mounted on reinforced concrete pedestals or otherwise protected. Under-canopy lighting elements shall be recessed or concealed in such a manner as not to be directly visible from a public street. All lighting fixtures shall be vandal-resistant.

F.

Traffic Controls. Traffic controls at ingress and egress points and standard traffic directional signs with no advertising thereon shall be provided as may be deemed by the city to be necessary in the interest of public safety.

G.

Parking Lot Landscaping. In conjunction with their development all parking lots shall be improved and permanently maintained by the property owner with the installation of shade trees and landscaped areas and planters in accordance with Chapter 17.630.

(Ord. 408, 1987)

Chapter 17.630 LANDSCAPING AND SCREENING (§ 17.630.001 – § 17.630.011)

A.

Title. The provisions of this chapter shall be known as the "Landscaping and Screening Regulations" of this title.

B.

Purpose. The purpose of the landscape and screening regulations is to provide for the general welfare and convenience of the public by:

1.

Increasing the compatibility between different intensities of land uses, by providing visual barriers, visually interrupting the barren expanse of paved parking lots, screening undesirable views which have a blighting impact on surrounding properties, and providing a visual separation and physical buffer between varying intensities of abutting land uses;

2.

Implementing the comprehensive plan;

3.

Encouraging the retention of significant existing vegetation to the extent feasible;

4.

Reducing erosion and water runoff;

5.

Conserving energy;

6.

Preserving and promoting urban wildlife habitats;

7.

Minimizing impacts of noise, light and glare.

(Ord. 893 § 2, 2011)

A.

Landscaping shall be required within all yards, off-street parking lots and open land uses that are visible to and/or accessible to the public.

B.

Shade trees shall be required within required landscaping, off-street parking lots and open land uses.

C.

Screening shall be required as a buffer between activities having a different intensity of use and between certain zoning districts so as to mitigate the impacts of noise, light and glare and human activity.

D.

All ornamental uses of water in the common areas of a development project, such as ponds, lakes and fountains shall be supplied, operated and maintained with alternative sources of water if they are available. E.

Exceptions to the specific requirements may be granted on a case-by-case basis due to either unusual site conditions or other extenuating circumstances.

F.

The requirements are applicable to all landscaping for new and rehabilitated construction, including:

All residential development greater than one unit;

2.

Model homes or temporary development;

3.

Commercial;

4.

Industrial;

5.

Public authorities.

G.

The requirements shall be used as a guideline for landscaping and irrigation for a single-family residence. H.

The requirements do not apply to that portion of a site irrigating edible crops or using nonpotable water. (Ord. 893 § 2, 2011)

For the purposes of this chapter, unless otherwise apparent from the context, certain works and phrases used in this chapter are defined as follows:

"Landscaping"

means vegetative plantings such as grass, trees, shrubs and vines and related improvements such as pools, walkways, rock work and sculpture which is of a design that will beautify and enhance a property and control erosion and reduce glare.

"Screening"

means a masonry wall, board fence, screened chain link fence, hedge, berm or vegetative planting or combination thereof which is of a design that will provide a visual and audible barrier between land uses having different intensities of use.

"Shade tree"

means trees of a variety approved by the city that will, under ordinary circumstances and growing conditions, provide shade upon reaching maturity.

"Automatic controller"

means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application.

"Check valve"

means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads.

"Conversion factor (0.62)"

means a number that converts the estimated total water use from acresinches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows:

(325,851 gallons/43,560 square feet)/12 inches = (0.62)

325,851 gallons = one acre foot

43,560 square feet = one acre

12 inches = one foot

To convert gallons per year to one hundred cubic feet per year, another common billing unit for water, divide gallons per year by seven hundred forty-eight. (Seven hundred forty-eight gallons equal one hundred cubic feet.)

"Estimated total water use"

means the annual total amount of water estimated to be needed to keep the plants in the landscaped area

healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the type of plants, and the efficiency of the irrigation system.

"Evapotranspiration"

means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time.

"Flowrate"

means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone.

"Hydrozone"

naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone.

"Irrigation efciency"

means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. For the purpose of this chapter the following factors shall be used:

Spray heads (pop-up or riser)	0.60
Rotor or impact heads	0.70
Bubbler	0.70
Drip	0.76

"Landscape irrigation audit"

means a process to perform site inspections, evaluate irrigation systems and develop efficient irrigation schedules.

"Landscaped area"

means the entire parcel less the building(s) footprint, driveways, nonirrigated portions of the parking lots, hardscapes such as decks and patios and other nonporous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.

"Mulch"

means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface to reduce evaporation.

"Nonpotable water"

means water unfit for human consumption, such as treated or recycled waste water, untreated irrigation water or untreated groundwater.

"Overspray"

means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures or other nonlandscaped areas.

"Plant factor"

means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this chapter, use the following plant factors:

Low water using:	0.1—0.3
Medium water using:	0.4—0.6
High water using:	0.7—0.9

These plant factors are based on the Water Use Classification of Landscape Species Project (WUCOLS). The project list is intended solely as a guide to help landscape professionals identify irrigation water needs of landscape species. It is not intended to be used as a required, mandatory, approved or master list. The WUCOLS Project is available from the California Department of Water Resources or from the Contra Costa water district.

"Reference evapotranspiration" or "ETo"

means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month or year and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool season grasses that is well watered. Reference evapotranspiration is used as the basis of determining the estimated total water use so that regional differences in climate can be accommodated. (For historical ETo rates see Exhibit B attached to the ordinance codified in this chapter.) "Runoff"

means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope.

"Soil composition"

means the classification of soil based on the percentage of sand, silt and clay in the soil. "Sprinkler"

means a device which sprays water through a nozzle.

"Station"

means an area served by one valve or by a set of valves that operate simultaneously. "Turf"

means a surface layer of earth containing mowed grass and its roots. This can be either a cool season or warm season grass. For example, Red Fescue and Tall Fescue are cool season grasses; Bermuda grass, Kikuyu grass, St. Augustine, Zoysia grass, and Buffalo grass are warm season grasses. "Valve"

means a device used to control the flow of water in the irrigation system. (Ord. 893 § 2, 2011) Landscaping in conformance with Section 17.630.008 shall be required as follows:

Residential uses: within any front yard or side yard adjacent to a street;

Public and quasi-public uses: within any parking lot, front yard, side yards adjacent to a street or interior open space that is visible from a public right-of-way or accessible to the public; C.

Commercial and industrial uses: within any parking lot, front yard, side yard adjacent to a street or open land use that is visible from a public right-of-way or accessible to the public;

Where a parking lot abuts a public right-of-way there shall be required a landscaped strip of not less than five feet in width contiguous to and parallel to such right-of-way;

E.

Except for single-family residential uses landscaping shall be subject to design and site development review. (Ord. 893 § 2, 2011)

Screening in conformance with Section 17.630.009 shall be required as follows:

A.

Along the interior boundaries between any R, A, or OS zone and any C, IC, PEC, PF or SPF zone. B.

Parking lots for more than six vehicles shall be enclosed, except for necessary driveway openings, by screening where contiguous to or within two hundred feet of any property in any R zone, any A zone or the OS zone.

C.

Where a parking lot abuts a public right-of-way across from property in any R zone, any A zone or the OS zone, such lot shall be screened along that right-of-way to a height of forty-eight inches. D.

The following specific uses shall be screened:

1.

Multiple residential projects having four or more dwellings;

2.

Public and quasi-public uses such as churches, schools and similar uses;

3.

The boundaries of new subdivisions upon development;

4.

Mobile home parks. (Ord. 893 § 2, 2011) Shade trees in conformance with Section 17.630.008 shall be required as follows:

Within any public parking lot;

B.

Within any area of required landscaping;

C.

Within any area of open land use. (Ord. 893 § 2, 2011)

The exception to the landscape and screening requirements are as follows:

A.

The standards set forth in this chapter for location and height of landscaping or screening may be modified by the city when such landscaping or screening would constitute a danger to traffic by reason of impairment of vision at a street or driveway intersection.

B.

Screening shall not be required along a lot line where a building wall, solid fence or freestanding wall of the required height exists immediately abutting and on the other side of the lot line. (Ord. 893 § 2, 2011)

Required landscaping, to include shade trees, shall be installed in accordance with the following minimum standards. These standards may be exceeded voluntarily by the developer and greater standards may be

imposed as a condition of an approved permit:

A.

Parking lots and other open land uses which are visible to, or accessible to the public shall be landscaped at the following rate:

Parking Lot Size (Spaces)	Open Space Area (Acres)	Percent of Lot In Landscaping
6 or less	.1 AC	4%
7 to 15	.2 AC	7%
16 to 30	.3 AC	10%
31 to 70	.4 AC	13%
71 or more	.5 AC	16%

B.

Landscaped areas, parking lots and other open land uses shall be required to have shade trees at the rate of sixteen trees per acre or fraction thereof.

C.

Shade trees generally shall be of a fifteen-gallon can size having a minimum height of six feet and a one-inch caliper. Modification of these standards for equivalent quality of tree may be permitted by the city depending on tree species and quality of stock.

D.

Shade trees shall be scattered within a parking lot approximately thirty feet apart and may be clustered within landscaped areas.

E.

Landscaped areas and tree wells shall be contained by pavement, fences or walls, or shall be contained in planters and tree wells bordered by a minimum six-inch-high concrete curb or equivalent approved by the city.

F.

Planters and tree wells shall have a width of not less than five feet and shall be protected from automobile overhang where necessary through the provision of tire stops or other barriers approved by the city.

G.

Landscaped areas and planters shall be watered by an automatic irrigation system approved by the city and designed to maximize water conservation.

H.

All landscaping shall be maintained in good growing condition. Maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements.

I.

Paved and graveled walkways and the use of gravel or similar materials as a landscape feature shall not exceed twenty percent of the landscape area.

J.

Vegetative materials shall be selected from among those known to be suitable to the climate of the city of Brentwood area.

In order to foster water conservation programs the use of native plants or other plant material proven to require minimal watering shall be permitted and encouraged.

L.

Except for shade trees, landscaping or screening shall not exceed three feet in height within thirty-five feet of the street corner on any corner lots.

M.

Within overhead utility line easements trees shall be of a type that customarily grows to a height not exceeding fifteen feet.

N.

Within underground utility line easements the planting of trees shall be prohibited.

(Ord. 893 § 2, 2011)

Required screening shall be installed in accordance with the following minimum standards;

A.

Except where a greater height is required by the city for noise abatement, fences and walls shall not exceed a height of six feet.

B.

Walls shall be constructed in conformance with the requirements of the city director of public works.

C.

Fence supports should be on a maximum of six-foot centers and cemented in place and may be four-by-four wood posts, pipe or masonry piers.

D.

Fence covering shall be masonry, wood boards of not less than one-inch thickness or a chain link type fence with slats, vegetative or other durable screening.

E.

Fences or walls shall be maintained in good repair, including painting if required, without any signs or advertising thereon except in conformance with the city sign ordinance. F.

Vegetative screening may include an evergreen hedge or a mix of evergreen shrubs and trees of a type, density and spacing so that sight and illumination will be obscured through the screening within three years of planting.

G.

Except for trees, vegetative screening shall be maintained at a height of not less than six feet or more than ten feet.

H.

An earth berm may be used in combination with any of the above types of screening, but not more than twothirds of the required height of such screening may be provided by the berm.

I.

All screening shall follow the lot line of the lot to be screened, or the inside edge of the sidewalks or shall be so arranged within the boundaries of the lot as to substantially screen, from adjoining properties the building, facility or activity required to be screened.

(Ord. 893 § 2, 2011)

A.

Applicability. The "Model Water Efficient Landscape Ordinance" of the state of California, as contained in California Code of Regulations Title 23 Waters, Division 2 Department of Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinance, Section 490 et seq., is hereby adopted by reference as the

water efficient landscape ordinance of the city of Brentwood, as the same may be amended from time to time, as if set out in full in this chapter.

B.

Severability. If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.

(Ord. 983 § 1, 2017)

All landscaping, shade trees and screening required pursuant to this chapter shall be installed prior to granting of any occupancy permit(s) approval. Except upon submittal of a bond or other surety acceptable to the city, installation may be deferred for a period not to exceed six months from the date of occupancy. (Ord. 893 § 2, 2011)

Chapter 17.635 EMERGENCY MEDICAL AND FIRE PROTECTION SERVICE FUNDING (§ 17.635.010 – § 17.635.040)

A.

Title. This chapter will be known as the "Emergency Medical and Fire Protection Service Funding" ordinance. B.

Purpose. The purpose of this chapter is to ensure sufficient financing of emergency medical and fire protection services to serve new development in the city.

(Ord. 1028 § 2, 2021)

A.

This chapter will apply to all development in the city that triggers an additional demand for emergency medical and fire protection services.

B.

Residential development triggers additional demand for emergency medical and fire protection services when a proposed increase in the number of dwelling units requires a building permit.

C.

Nonresidential development triggers additional demand for emergency medical and fire protection services when an increase in floor area over two thousand square feet or a new building over two thousand square feet requires a building permit.

(Ord. 1028 § 2, 2021)

A.

Before the issuance of a building permit, any development subject to this chapter will be annexed to a community facilities district that imposes a special tax for emergency medical and fire protection services as well as any other financing districts that may apply under conditions of project approval or other local, state, or federal law.

B.

Should any tax or other fiscal mitigation measure made applicable to a development under this chapter expire, lapse, or be repealed by initiative or otherwise, the service provider may reduce emergency medical and fire protection services to that development as necessary to reflect the loss of the associated revenues. C.

The city may impose the requirements of this section as a condition of approval of any application for development under this title and the community development department will enforce the requirements upon issuance of building permits whether or not any discretionary approval is required for a particular development.

(Ord. 1028 § 2, 2021)

Any tax, fee or other fiscal mitigation required by this chapter may be reduced or waived on appropriate facts pursuant to Section 16.130.060 of this code.

(Ord. 1028 § 2, 2021)

Chapter 17.636 CITY COMMUNITY FACILITIES DISTRICT SERVICE FUNDING (§ 17.636.010 – § 17.636.040)

A.

Title. This chapter will be known as the "Annexation to Community Facilities Districts" ordinance.

B.

Purpose. The purpose of this chapter is to ensure sufficient financing of the city's community facilities districts to serve new development in the city.

(Ord. 1028 § 4, 2021)

A.

This chapter will apply to all development in the city that triggers an additional demand for the following services:

1.

Flood and storm drainage services;

2.

Joint use school site services;

3.

Open space services; and

4.

Police protection and public safety services.

B.

Residential development triggers additional demand for the services listed in subsection A when a proposed increase in the number of dwelling units requires a building permit.

C.

Nonresidential development triggers additional demand for the services listed in subsection A when an increase in floor area over two thousand square feet or a new building over two thousand square feet requires a building permit.

(Ord. 1028 § 4, 2021)

A.

Before the issuance of a building permit, any development subject to this chapter will be annexed to one or more community facilities districts that impose a special tax for services, as well as any other financing districts that may apply under conditions of project approval or other local, state, or federal law.

B.

services identified in Section 17.636.020(A) above to that development as necessary to reflect the loss of the associated revenues.

C.

(Ord. 1028 § 4, 2021)

Any tax, fee, or other fiscal mitigation required by this chapter may be reduced or waived on appropriate facts pursuant to Section 16.130.060 of this code.

(Ord. 1028 § 4, 2021)

Chapter 17.640 SIGN ORDINANCE (§ 17.640.001 – § 17.640.011)

A.

Title. This chapter shall be known as the sign ordinance of the city of Brentwood, California.

B.

Authority. This chapter is adopted pursuant to the city's general and police powers, California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code Sections 5200 et seq., 5230, 5490 et seq., 13530 et seq., and 13540; Penal Code Section 556 et seq.; and other applicable state laws.

C.

Regulatory Scope. This chapter regulates signs, as defined herein, which are within the legal corporate limits of the city, but not on city property, as defined herein, or within the DT (downtown) zone. Signs on city property are controlled by Chapter 17.645. Signs on property located within the DT (downtown) zone are regulated by Chapter 17.280.

D.

Purpose and Intent. The purpose of this chapter is to create and enforce a comprehensive system for the reasonable regulation of signs within the city. By adopting this chapter, the city intends to balance many competing interests, which include, but are not limited to, the following:

1.

To allow exercise of the free speech right by the display of a sign.

2.

To protect and enhance the character of residential neighborhoods and business areas, open views and vistas.

3.

To protect and enhance property values.

4.

To provide a reasonable and comprehensive system of sign controls.

5.

To serve the city's aesthetic interest by minimizing visual clutter while accommodating reasonable signage as a major and necessary form of communication.

6.

To state rules for fair treatment of all sign users.

To promote public safety by reducing driver distraction while providing that official traffic regulation devices

be easily visible and free from nearby visual obstructions such as blinking signs, and by prohibiting or limiting signs that constitute a traffic hazard or obstruct the visibility of motorists, bicyclists or pedestrians.

8.

To reduce visual clutter by prohibiting the installation of new billboards, oversized signs, roof signs, animated signs and other types of signage.

(Ord. 927 § 2, 2014)

Signs, as defined herein, may be displayed within the city only in compliance with this chapter and the rules stated herein.

(Ord. 927 § 2, 2014)

A.

Permit Generally Required. All signs shall conform to the standards set forth in this chapter and unless exempted from the permit requirement shall be installed or displayed only pursuant to a sign permit and any other applicable permits and approvals.

B.

Maintenance. All signs and their immediate surroundings shall be maintained by the owner and/or occupant of the premises in a clean, sanitary and inoffensive condition and free and clean of all obnoxious substances, rubbish and weeds.

C.

Discretionary Approvals. Whenever a sign or a proposed sign is subject to any discretionary review, permit, or approval, such discretion may be exercised only as to the compatibility of the sign with its location, and other structural, architectural and location factors. Discretion may not be exercised as to the artistic merit of the proposed sign or the message itself so long as such message is not excluded from First Amendment (U.S. Constitution) protection under relevant court decisions.

D.

Compatibility Factors. In determining compatibility of a sign with its surrounding environment, the following criteria may be considered:

1.

Style or character of existing improvements upon the site and properties adjacent to the site.

2.

Visual elements such as construction materials, design details, and the number and spacing of signs in the area.

3.

The sign's height, design, and location in relation to its proposed location and use.

4.

The sign's spatial and visual relationship with other nearby signs, other elements of street and site furniture and with adjacent structures.

5.

Form, proportion, scale, materials, surface treatment, and overall sign size.

6.

Potential effect of the proposed sign on driver and pedestrian safety.

7.

Potential blocking of view (whole or partial) of a structure or façade or public view of historical or architectural significance.

Potential obstruction of views of users of adjacent buildings to side yards, front yards, open space, or parks.

9.

Potential negative impact on visual quality of public spaces, including, but not limited to, recreation facilities, public squares, plazas, courtyards and the like.

10.

Whether the sign structure will impose an aesthetically foreign or inharmonious element into the existing skyline or local viewscape.

E.

Administrative Interpretations. All interpretations of this chapter are to be exercised in light of the message neutrality and message substitution policies. Where a particular type of sign is proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the Building Code, as adopted by the city of Brentwood, then the planning commission or director, as applicable, shall approve, conditionally approve or disapprove the application based on the most similar sign type, using physical and structural similarity, that is expressly regulated by this chapter.

F.

Message Neutrality. It is the city's policy and intent to regulate signs in a manner consistent with the U.S. and California constitutions, which is content neutral as to non-commercial speech and does not favor commercial speech over non-commercial speech.

G.

Message Substitution. Subject to the property owner's consent, a non-commercial message of any category or content may be substituted, in whole or in part, for any allowed commercial message or any noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. Message substitution is a continuing right which may be exercised any number of times. This provision does not:

Create a right to increase the total amount of sign area on a site.

Create a right to substitute an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message.

3.

Affect the requirement that a sign structure or mounting device must be properly permitted.

4.

Authorize changing the physical method of image presentation (such as digital or neon) display without a permit.

H.

Billboard Policy. New billboards, as defined herein, are prohibited. It is a fundamental land use policy of the city to completely prohibit the construction, erection or use of any and all billboards, other than those which legally exist in the city, or for which a valid permit has been issued and has not expired, as of the date on which this chapter, or when a prior version of this chapter containing a provision to the same effect, was adopted. In adopting this chapter, the city council affirmatively declares that it would have adopted this policy even if it were the only provision in this chapter. The city council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of

competent jurisdiction, to be unconstitutional, invalid or unenforceable. This prohibition does not apply to agreements to relocate presently existing legal billboards as encouraged by State law including, but not limited to, Business and Professional Code Section 5412, as that section may be amended from time to time. (Ord. 927 § 2, 2014)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Animated sign"

means a sign on which the visual image changes more frequently than once every twenty-four hours, regardless of the method by which the visual change is affected. This definition does not include hand-held signs, personally attended signs, personal apparel, commercial mascots, motor fuel price signs, time and temperature devices or scoreboards. Animated signs include electronic message signs, commonly called digital signs.

"Awning"

means a roof or cover which projects from a wall of a building over a window or door, which is made of canvas, aluminum or similar material, and may be fixed in place or be retractable.

"Banner sign"

means a sign made of a flexible material that projects from or hangs from a building, structure, pole or wire. Banner signs do not include pennants, flags or flex wing signs.

"Billboard"

means a permanent sign structure in a fixed location which meets any one or more of the following criteria: 1.

It is used for the display of off-site commercial messages.

2.

It is used for general advertising.

3.

The message display area, or any part thereof, is made available to message sponsors other than the owner(s) or operator(s) of the sign.

4.

The sign is a principal or secondary use of the land, rather than appurtenant or accessory to some other principal use of the land.

"City property"

means any parcel of land that is owned or controlled by the city of Brentwood, or any of its related entities, or that is within the public right-of-way.

"Commercial mascot"

means a person or animal attired or decorated with commercial insignia, images, costumes, masks or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to draw attention to or advertise a commercial enterprise. This definition includes sign twirlers.

"Commercial message"

means a message which proposes a commercial transaction or pertains primarily to the economic and commercial interests of the message sponsor and/or the sign audience.

"Construction site sign"

means a sign that is displayed on the site of a construction development project during the period of time of actual construction.

"Convenience sign"

means a sign whose message provides functional information for the convenience of the public, such as hours of operation, credit cards accepted, entrance and exit locations and restroom directions.

"Directional sign"

means a sign whose message provides directional information for drivers and pedestrians.

"Director"

means the city's community development director, or designee.

"Electronic message sign"

means an animated sign using electronic or digital technology, including, but not limited to, LED (light emitting diodes) or plasma, or their functional equivalent, which is capable of displaying changing or changeable images, whether as a series of still images or a full motion, or any combination thereof.

"Establishment"

means any legal use of land, other than long-term residential, which involves the use of structures subject to the Building Code. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries, but does not include single-family homes, mobile homes, residential apartments, residential care facilities, or residential condominiums. Multi-unit housing developments are considered establishments during the time of construction; individual units are not within the meaning of establishment, however, once a certificate of occupancy has been issued or once a full-time residency begins.

"Flag"

means a piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol. "Flex wing sign"

means a sign which is typically inserted in the ground and is made of flexible material attached to a flexible pole (typically with a hook shape).

"Freestanding sign"

means a sign which is self-supported by mounting on the ground, in contrast to being attached to and/or supported by some other structure, such as a wall, door or window.

"Garage sale sign"

means a sign whose message concerns short-term rummage, estate, boutique or garage sales of used or handmade common household items from a residential property.

"General advertising"

means the enterprise of advertising or promoting other businesses or causes using methods of advertising, in contrast to self-promotion or on-site advertising. This is also known as "advertising for hire" or "general advertising for hire."

"Ground sign"

means a freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground (also known as a pedestal or monument sign).

"Illegal sign"

means a sign that was installed without proper city or other approvals and/or permits at the time it was initially installed, and which has not been legalized by later action. This definition also includes a sign that was erected in conformance with all applicable laws, rules, and regulations in effect at the time of installation, but which was subsequently altered so as to be out of compliance with applicable law, including the terms of permits which authorized construction. All signs described in Business and Professions Code Section 5499.1 and defined therein as an "illegal on-premises advertising display" are also within this definition.

"Illuminated sign"

means a sign that uses light sources (other than natural light or ambient light) to decorate, outline, accentuate or brighten the sign display area.

"Infatable object"

means an object that is activated by natural or mechanical wind or air, including holiday decorations, symbols and other similar types of objects.

"Legal nonconforming sign"

means a sign which complied with all applicable laws, rules and policies at the time of installation, and which has not been expanded beyond the originally applicable rules, but which does not conform to current applicable law and rules.

"Marquee"

means a permanent roofed structure attached to and supported by a building and projecting over any public property, street, alley or sidewalk, and used to display a visual message.

"Master sign program"

means a program that establishes the sign development regulations and specifies an integrated sign design concept for multiple occupancy commercial sites.

"Mobile billboard"

means a sign display area on a wheeled vehicle (whether motorized or not) or water craft, which may be

legally operated upon any public road, street or waterway and meets any of the criteria listed under the definition of "billboard."

"Motor fuel price sign"

means a sign as specified in Business and Professions Code Section 13530 et seq., with a message limited to that required by state law.

"Multiple occupancy commercial site"

means a parcel or contiguous parcels of land, as designated in the current assessor's map book, whereon

two or more separate independently owned or operated commercial structures or establishments are located.

"Name plate"

means a sign that displays information about the name of the occupants of a residential dwelling unit, and/or the street address.

"Neighborhood identifcation sign"

means a sign that identifies a neighborhood that is officially designated by the city.

"Non-commercial message"

means a constitutionally protected message that is not commercial in nature. Non-commercial messages on signs typically address topics of public concern or controversy such as, by way of example and not limitation, politics, religion, philosophy, science, art or social commentary. The on-site/off-site distinction does not apply to non-commercial messages or signs displaying them.

"Off-site sign"

means a sign that advertises commercial products, accommodations, services or activities not provided in or on the property upon which it is located. The on-site/off-site distinction applies only to commercial messages.

"On-site sign"

means a sign that advertises the commercial business, accommodation, services or activities provided on the premises on which the sign is located, or expected to be provided in the near future. In the case of redevelopment projects, all establishments within the project are on-site as to any and all signs that are also located within the project. In the case of developments subject to a master sign program, all establishments subject to the program are considered on-site whenever located within any space subject to the program.

Similarly, all establishments within a shopping center are on-site as to any sign(s) also located within that shopping center. As to construction signs, "on-site" includes all parties involved in the specific construction project. The on-site/off-site distinction applies only to commercial messages.

"Pennant"

means any lightweight flexible plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, in a series of two or more, designed to move in the wind.

"Permanent sign"

means a sign which is constructed of rigid material and is securely attached to a building, wall, fence, sign structure, or into the ground, and is designed for and intended to be on display long term. All signs described in California Business and Professions Code Section 5490(b) as "on-premises advertising displays" are included within this definition.

"Pole sign"

means a freestanding sign that is wholly supported by a structure consisting of poles or posts in the ground, such that the bottom edge of the sign face is six feet or more above grade.

"Portable ground sign"

means a sign which is self supported by one or more upright poles or faces and is placed upon or into the ground for a short period of time and is easily movable. This definition includes structures which are more commonly referred to as "A-frame" or "sandwich board" signs.

"Portable sign"

means a sign that meets one or more of the following criteria:

1.

A sign that is not permanently attached or designed to be permanently attached to the ground or other permanent structure, and may be easily moved.

2.

A sign that is designed to be transported by means of wheels, skids, runners, or moveable frames.

3.

"A-frame" or "T-frame" signs.

4.

The functional equivalent of any of these categories, however, "commercial mascots" are not included within this definition.

"Professional name plate"

means a sign indicating the name or names and occupations of a professional person or group of associated professional persons occupying the premises.

"Projecting sign"

means a sign that is attached to a wall in such a manner that the body of the sign extends perpendicular to the wall to which it is attached, or a ground sign that extends partially over a public right-of-way.

"Protected"

means a message that is within the protection of the First Amendment to the United States constitution and/or corollary provisions of the California constitution, and has not been excluded from such protection by court decisions.

"Real estate sign"

means a sign whose message concerns a proposed transaction, such as sale, lease, or exchange, of real property. Signs on establishments offering transient occupancy, such as hotels, motels, inns and bed and breakfast places, concerning vacancies and rates, are not included within this definition. All signs described in Civil Code Section 713 are included within this definition.

"Roof sign"

means a sign erected, painted or otherwise attached to the top of a roof of a building or other structure. "Safety code"

means a code that defines and requires safe methods of construction or demolition, including, but not limited to the codes for building, electrical, plumbing, grading, or demolition.

"Sign"

means the public display of visual images, which is intended to be communicative in some way, and which advertises, informs, projects, displays or identifies persons, businesses, commodities, services, ideas or information, when such is visible from any portion of the public right-of-way or from any exterior place which is open to the public. This definition includes, but is not limited to, all writing, trademarks, graphic design

elements, illustrations and lighting primarily directed at facilitating communication, as well as all supporting structures. Notwithstanding the generality of the foregoing, the following are not within the definition of sign:

1.

Aerial banners towed behind aircraft.

2.

Architectural Features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function (examples include color stripes around an office building or retail store).

3.

Automated teller machines (ATMs), when not used for general advertising.

4.

Cornerstones and foundation stones.

5.

The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter.

6.

Grave markers, gravestones, headstones, mausoleums, shrines, and other markers of the deceased. 7.

Historical monuments, plaques and tablets.

8.

Holiday and cultural observance decorations, including inflatable objects, on private residential property which are on display for not more than forty-five calendar days per year (cumulative, per dwelling unit) and which do not include commercial messages.

9.

Inflatable gymnasiums associated with legal residential uses. Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices (also called "party jumps" or "bounce houses").

10.

Interior Graphics. Visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof.

11.

California State Lottery signs, approved by the Lottery Commission for display by Lottery Game Retailers, in accordance with the California Government Code.

12.

Manufacturers' Marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale.

Mass Transit Graphics. Graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the city.

14.

News racks, newspaper vending devices and newsstands.

15.

Searchlights used as part of a search and rescue or other emergency service operation (this exclusion does not apply to searchlights used as attention attracting devices for commercial or special events).

16.

Shopping carts, golf carts, horse drawn carriages, and similar devices (any motorized vehicle which may be legally operated upon a public right-of-way is not within this exclusion). 17.

Symbols Embedded in Architecture. Symbols of non-commercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal, by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells and religious statuary.

18.

Vehicle and Vessel Insignia. On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel.

19.

Vending machines, automated intake devices and product dispensing devices which do not display off-site commercial messages or general advertising messages.

20.

Window Displays. The display of merchandise in a store window, when such merchandise is immediately available for purchase.

"Sign area"

means that portion of a sign which consists of visually communicative copy, including the advertising surface and any framing, trim, or molding but not including the supporting structure, measured one side only (provided that the angle between faces for two-sided signs does not exceed thirty degrees).

"Sign copy"

means the visually communicative elements, including, but not limited to, words, letters, numbers, designs, figures or other symbolic presentation incorporated into a sign with the purpose of attracting attention to the subject matter or message.

"Sign face"

means the portion of a sign that is used for displaying sign copy, together with any frame, color, panel, ornamental molding, or condition which forms an integral part of the sign copy and which is used to differentiate such sign copy from any wall or background against which it may be placed. Those portions of the supports, uprights or base of a sign that do not function as a sign shall not be considered as part of a sign face.

"Sign height"

means the vertical distance of a sign from the uppermost point used in measuring the sign area to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street or alley (other than a structurally elevated roadway), whichever measurement permits the greater elevation of the sign.

"Temporary message"

means a message that pertains exclusively to a special event which occurs on, or ends on, a particular day. "Temporary sign"

means a sign that is constructed of lightweight or flimsy material, and is easily installed and removed using ordinary hand tools. Any sign that qualifies as a "structure" under the Building Code is not within this definition.

"Visibility triangle"

means at the intersection of any two or more streets, that area extending horizontally fifty feet from the corner of the intersection and vertically, from a height of three feet to a height of eight feet.

"Wall sign"

means a sign that is attached to, erected against or painted on the wall of a building or other vertical structure.

"Warning sign"

means a sign that is posted to provide notice of danger, such as "Beware of Dog," "Railroad Crossing," or noting the location of underground utilities.

"Window sign"

means a permanent sign that is painted or mounted onto a windowpane, or that is hung directly inside a window solely for the purpose or effect of identifying any premises from the sidewalk or street, or a temporary sign that advertises special sales, events, or products. This definition includes any interior sign that is located within five feet of the applicable window.

(Ord. 927 § 2, 2014)

The signs described in this section may be displayed without a sign permit, subject to the rules stated in this section and all other applicable laws, rules and regulations, such as compliance with all safety codes. A.

Professional name plates not exceeding one square foot in area for each occupant in a building.

B.

Traffic and other municipal signs, legal notices, railroad crossing signs, warning signs and such temporary, emergency or non-advertising signs as may be duly authorized.

C.

On land uses characterized by human assembly and periodically changing programs (such as churches, conference centers, meeting halls, and theaters), signs with a sign area not exceeding ten square feet per parcel, which advise the public of the offered programs. Such signs may include portable signs displayed on the day of an offered program.

D.

Convenience signs and warning signs not exceeding a cumulative sign area of ten square feet per sign or fifty square feet per parcel; such signs must be affixed flush to the building or window and may not be freestanding.

E.

Non-rotating barber poles not more than six feet in height, and bearing no advertising text, when mounted on an establishment offering hair cutting or styling services to the public.

F.

Directional signs not exceeding four square feet per sign, or twenty-four square feet cumulative as to all directional signs per parcel.

G.

Government signs displayed by the city or other governmental units in furtherance of their governmental duties, or expressing their own message to the public.

H.

Time and temperature devices not exceeding ten square feet in area.

I.

On-site directional signs designating special areas or features of a development for safety directional purposes, provided no sign exceeds three square feet in area nor exceeds four feet in height.

J.

Real estate signs may be displayed with the property owner's consent subject to a maximum height of eight feet. Illumination of real estate signs is prohibited, and such signs must be removed not later than ten days after the advertised transaction has closed.

1.

On-site real estate signs shall be subject to the following additional provisions:

a.

On-site real estate signs shall be limited to a maximum aggregate sign area of thirty-two square feet per parcel or multiple occupancy commercial site.

b.

When concerning on-site signs for individual tenant spaces, each sign shall be placed in a window and the aggregate sign area for all signs shall not exceed eight square feet.

2.

Off-site signs, where allowable under this chapter or under Chapter 17.645, may be no greater than sixteen square feet in area.

K.

Construction site signs may be displayed on-site only during the period of actual construction, shall not exceed twenty-four square feet in sign area, and may not exceed eight feet in height. All such signs must be removed at the completion of the construction project, as measured by final inspection approval and/or grant of an occupancy permit.

L.

In addition to the sign area otherwise allowed and subject to message substitution, temporary signs

displaying only protected non-commercial messages may be displayed at all times and on all properties, subject to the property owner's consent and a maximum cumulative sign area of sixteen square feet. The signs allowed by this provision may not be illuminated, may not be activated by natural or mechanical wind or air, and may not interfere with the visibility triangle.

M.

Flags, not exceeding twenty-four square feet per legal parcel. Flags may be mounted on doors, walls, windows, fences, or on poles. If a flag is pole mounted, the height of the pole shall not exceed the maximum height limit identified in the applicable zoning district. No commercial message flags are allowed. N.

Temporary window signs, limited to a cumulative display period of seven days per month, per establishment. Maximum sign copy area shall not exceed more than twenty-five percent of the aggregate window area. Signs shall not be allowed within an area located between three feet and five feet above grade. O.

Commercial mascots. (Ord. 927 § 2, 2014)

The signs described in this section may be displayed without a sign permit on legal residential uses, subject to the rules stated in this section and all other applicable laws, rules and regulations, such as compliance with all safety codes. This section does not override rules in private contracts and agreements, such as leases or homeowners association rules.

A.

General.

1.

At all times, individual residential dwelling units may display signs with a cumulative sign area that does not exceed sixteen square feet. Name plates, address indicators and flags do not count toward this maximum area limit. This maximum display area may be used for any combination of the following:

a.

Non-commercial messages.

b.

Real estate (on-site or off-site) signs.

c.

Garage sale signs, provided the following:

i.

Total dimensions including support stake or pole not to exceed three feet in height by three feet in width.

ii.

For each garage sale type event, no more than one sign may be displayed on-site and no more than four signs may be displayed off-site, in accordance with Chapter 17.645. iii.

Signs may be displayed on weekends and legal holidays only and shall be removed at the conclusion of the event.

2.

Restrictions.

a.

Residential signs may not be used for general advertising for hire, or commercial messages other than the listed categories.

b.

Signs may not be illuminated.

c.

Signs may be mounted on doors, building walls, windows or fences, but may not be mounted on roofs, eaves, soundwalls, trees, bushes, or other vegetation.

d.

Freestanding signs are allowed provided they do not exceed four feet in height (as measured from grade) and do not block the visibility triangle.

B.

Flags. Flags may be displayed in accordance with this section. Total flag area shall not exceed twenty-four square feet per legal parcel. Flags may be mounted on doors, walls, windows, fences, or on poles. If a flag is pole mounted, the height of the pole shall not exceed the maximum height limit identified in the applicable zoning district. No commercial message flags are allowed.

(Ord. 927 § 2, 2014)

The temporary signs described in this section may be mounted or displayed only pursuant to a sign permit approved by the director or designee in accordance with Chapter 17.835 and the criteria and regulations

stated in this section.

A.

On-Site Housing Project Signs. When new homes within a housing development are being offered to the public, the developer thereof may display signs as described in this subsection, subject to the following restrictions:

1.

The maximum number of signs allowed per project is three.

2.

The maximum size for an individual sign is fifty square feet, and the cumulative sign area of all signs shall not exceed one hundred twenty square feet. On-site directional signs smaller than sixteen square feet are excluded from the above requirements but shall require a sign permit.

3.

Signs shall be removed within thirty days of the sale of the last lot or closure of the model home complex, whichever comes first.

4.

Signs shall not interfere with the visibility triangle. Streets without curbs shall use the edge of the right-of-way as the sides of the triangle.

5.

Signs shall not be located within one hundred feet of an existing occupied residence. B.

Banner Signs. Banner signs may be displayed on-site, subject to the following restrictions:

1.

Only one banner sign is allowed at any one time, per establishment.

2.

The banner sign shall be on the same site as the sponsoring establishment.

3.

Unless allowed by Chapter 17.645, the banner sign shall not be mounted on or project into the public rightof-way.

4.

The banner sign shall be displayed for a maximum of four time periods each calendar year; each period may run not more than thirty consecutive days; after each display period, no successive banner sign may be displayed for at least sixty calendar days.

5.

The banner sign shall not exceed the lesser of fifty square feet or ten percent of the building face.

6.

The banner sign shall not be illuminated.

7.

The banner sign shall be securely fastened on all sides to a permanent on-site structure, such as a building, fence or wall.

8.

The banner sign shall be constructed of durable and weatherproof materials, such as vinyl or woven nylon, and shall be continuously maintained in good condition.

(Ord. 927 § 2, 2014)

The permanent signs described in this section may be mounted or displayed only pursuant to a sign permit approved by the planning commission or director, as applicable, in accordance with Chapter 17.835 and the

criteria and regulations stated in this section.

A.

Administrative Approval Permits.

1.

The following signs may be approved by the director or designee, subject to the criteria set forth in this subsection and review of compatibility of the surrounding area:

a.

Management Offices at Attached Multifamily Residential Facilities. In addition to the signs allowed for individual residential dwelling units, the master unit or management office of a facility with four or more attached dwelling units may display one sign, subject to the following criteria and compatibility review.

i.

The display face shall not exceed six square feet and the height shall not exceed four feet above finished grade.

ii.

The sign shall be set back at least five feet from the front property line.

iii.

The sign shall be freestanding or mounted on walls, fences or doors. The sign may not be attached to trees or other vegetation, or mounted on a roof.

iv.

The sign shall consist of any combination of on-site commercial and/or protected non-commercial speech; general advertising for hire is prohibited.

b.

Signs in Nonresidential Zoning Districts.

i.

Signs subject to this section may not display off-site commercial messages or be used as general advertising for hire.

ii.

Unless otherwise provided, the sign area shall not exceed one square foot of copy for each one foot of lineal public street frontage of the establishment. Where the building site is on a corner lot (but not including

alleyways) the allowable sign area is increased on the basis of one square foot per lineal foot of the shorter lot line plus one-half square foot per lineal foot of the longer lot line.

c.

Vehicle Service Stations. Establishments selling motor vehicle fuel to the public may display a total sign area of one hundred fifty square feet, plus the minimum necessary to comply with the applicable provisions of state law, including Business and Professions Code Sections 13430 et seq., 13440 et seq., and 13470 et seq. 2.

General Requirements.

a.

Sign Area Limits for Particular Physical Types.

i.

The total allowable sign area of a single freestanding sign shall not exceed seventy-five square feet. ii.

The total allowable sign area of a wall or projecting sign shall not exceed ten percent of the face of the building on which it is located.

iii.

The total allowable sign area of permanent window signs shall not exceed more than twenty-five percent of the aggregate window area.

b.

Number of Signs. The total number of wall, projecting and freestanding signs is limited to three for each establishment. A maximum of one freestanding sign per parcel shall be allowed.

c.

Maximum Height. Freestanding signs shall not exceed eight feet in height.

d.

Sign Location.

i.

Signs may not project above any roof line or parapet.

ii.

Signs may be located on or suspended from marquees and awnings. iii.

Projecting signs may be located so as to project horizontally up to three feet, except that they shall not project more than one foot into a public right-of-way, and then only as allowed by Chapter 17.645 and subject to an encroachment permit.

iv.

Permanent window signs shall not be located within an area between three feet and five feet above grade. e.

Lighting.

i.

Building-mounted signs may be non-illuminated or incorporate any of the following methods of illumination: (A)

Internally-illuminated pan channel letters with translucent faces using neon or LED illumination sources.

(B)

Halo illuminated reverse pan channel letters using neon or LED illumination sources.

(D)

External illumination using building-mounted lighting.

(E)

Cabinet signs incorporating opaque metal faces and push-through or cut-out translucent lettering. ii.

Monument and other freestanding signs may be non-illuminated or incorporate any of the following methods of illumination:

(A)

Halo illuminated reverse pan channel letters using neon or LED illumination sources.

(B)

External illumination using sign structure-mounted lighting or ground-based lighting.

(C)

Sign cabinets incorporating opaque metal faces and push-through or cut-out translucent lettering. iii.

Directional signage and other incidental signs may be non-illuminated or incorporate any of the following methods of illumination:

(A)

External illumination using ground-based lighting.

(B)

Sign cabinets incorporating opaque faces and push-through or cut-out translucent lettering.

B.

Planning Commission Approval Permits. The following signs are subject to review and approval by the planning commission, subject to the criteria set forth in this subsection and review of compatibility of the surrounding area:

1.

Off-site directional signs on private property to identify places of worship or public assembly, hospitals, schools, public and quasi-public institutions and similar uses located in the city. No more than two signs, not exceeding three square feet each, shall be permitted per use or establishment.

2.

A master sign program for any multiple occupancy commercial site or separately identifiable commercial building group (such as a neighborhood or community shopping center, or for any other contiguous sites), or for any single occupancy retail site that is located on a parcel at least two acres in size. Such a program may deviate from the provisions of this section when the following findings can be made:

a.

The program is of integrated and harmonious design and designed to be a part of or blend with the buildings proposed.

b.

The program has been prepared and endorsed by a licensed architect or building designer.

c.

The signs within the program are compatible with the surrounding area.

d.

The program is consistent with the city's Commercial and Industrial Design Guidelines, adopted by the city council, and as they may be amended over time.

3.

Neighborhood identification signs may be installed at the entrance to neighborhoods or districts, subject to the following restrictions:

a.

The maximum number of signs is two.

b.

Signs shall be located at the corners of streets entering the area.

c.

Signs shall be mounted on a legal fence, wall or similar structure (freestanding signs are not allowed).

d.

The maximum copy area shall be fifteen square feet.

e.

Where dedication of the sign is proposed, and subject to acceptance, the dedication shall include the structure on which the sign is located, and the land on which the structure is located, together with access to the nearest public right-of-way.

f.

Illumination of signs shall be external and ground-mounted only.

(Ord. 927 § 2, 2014)

The signs described in this section are prohibited unless explicitly allowed by another provision of this chapter.

A.

Roof signs.

B.

Any signs projecting above any portion of a roof or parapet wall or above the sloping roofline of the gable end of a structure.

C.

Except as otherwise permitted by this chapter, flags, pennants and similar objects designed to rotate or move with natural or mechanical wind or air.

D.

Banners, except as otherwise permitted by this chapter.

E.

Signs, whether by design or lighting, that may be mistaken for traffic lights or signals. F.

Signs mounted in such a manner as to prevent free ingress to or egress from any door, window or fire escape, or obstruct an outward view from any living area.

G.

Signs attached to a standpipe or fire escape.

H.

Signs located in such a manner as to obstruct free and clear vision, or the view of any authorized traffic sign, signal or device.

I.

Signs projecting into the right-of-way of a public street or alley, except as specifically permitted elsewhere in this chapter or in Chapter 17.645.

J.

Signs having less than eight feet clearance between the lowest edge of a sign projecting into a public rightof-way, any sidewalk or an area where pedestrians may walk.

K.

Signs having less than seventeen feet clearance between the lowest edge of that portion of the sign projecting into that part of a public street or alley area used by vehicular traffic and the street grade.

L.

Placards, posters, announcements and similar signs posted or attached to any fence, pole, tree, vehicle or any other object in a public right-of-way, except as specifically permitted by Chapter 17.645, or legal notices required by law or a valid court order issued by a court of competent jurisdiction.

M.

Signs on any portion of a street, sidewalk or other public right-of-way, except as specifically permitted by Chapter 17.645.

N.

Signs that cause excessive glare on surrounding properties or conflict with the traffic regulations or traffic safety.

O.

Signs producing noise, odor or fumes or smoke-making devices.

P.

Billboards, as defined herein.

Q.

Animated signs, as defined herein.

R.

Changeable copy signs, streamers, propellers, discs, and searchlights, except as otherwise permitted by this chapter.

S.

Signs that use lights which flash, blink, or turn on and off intermittently, unless located at the site of athletic events.

T.

Mobile billboards, including motorized vehicles which are used for the purpose of general advertising or advertising for hire, when parked on city-owned streets or the public right-of-way, or when traversing upon public streets over which the city has the legal right to control vehicle access.

U.

Private party signs posted on city-owned property or the public right-of-way, except as specifically permitted by Chapter 17.645.

V.

Any kind of inflatable object, including balloons, used as advertising, except as otherwise permitted in this chapter.

W.

Flex wing signs.

X.

Building-mounted cabinet signs with translucent faces, unless they must be allowed pursuant to federal or state law.

Y.

Portable signs, except as provided herein.

Z.

Any sign which is in conflict with the specific standards set forth in this chapter.

(Ord. 927 § 2, 2014)

Each violation of any provision of this chapter is declared to be a nuisance per se, each day a separate offense, and subject to abatement by any means available at law.

(Ord. 927 § 2, 2014)

If any section, subsection, clause, phrase or portion of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. (Ord. 927 § 2, 2014)

Chapter 17.645 SIGNS ON PUBLIC PROPERTY (§ 17.645.001 – § 17.645.012)

In adopting this chapter, the city council acts in its proprietary capacity as to public property within the city. Private parties may post signs on public property only in accordance with this chapter or some other authorization duly adopted by the city council.

(Ord. 927 § 2, 2014)

The city declares its intent that all public property in the city shall not function as a designated public forum for sign display, unless some specific portion of public property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period.

(Ord. 927 § 2, 2014)

For purposes of interpreting and enforcing this chapter, the following words have the special definitions given. For words not defined in this chapter, definitions from Chapter 17.640 may be used as interpretive

aids. In consultation with the city attorney, the administrator is authorized and directed to interpret these definitions in light of relevant court decisions.

"Administrator"

means the person authorized by the city council to enforce and interpret this chapter; in the absence of a contrary authorization by the city council, the administrator shall be the city manager or designee.

"City"

means for purposes of this chapter, the city of Brentwood and any of its related entities.

"Cluster sign structure"

means a permanent sign structure in a fixed location designed to advertise and give direction to a maximum of eight housing subdivisions, with four panels on each side, under development or construction in the city.

"Neighborhood identifcation sign"

means a sign that identifies a neighborhood that is officially designated by the city.

"Non-commercial message"

"Permit"

means a written authorization from the city for third party display of a sign on public property.

"Personally attended"

means that a person is physically present within five feet of the sign at all times.

"Public property"

means land or other property in which the city is the owner or has the present right of possession and control, as well as areas which are either designated as public rights-of-way or which have long been used as such.

"Sign"

means the same as the definition of the word "sign" in Chapter 17.640.

"Sign ordinance"

means Chapter 17.640, as that chapter may be amended from time to time.

"Special public events"

means events such as public street closures, parades and demonstrations. "Traditional public forum"

means the surfaces of city-owned streets, surfaces of city-owned parks, surfaces of city-owned plazas, surfaces of sidewalks which are connected to the city's main pedestrian circulation system and the exterior surfaces of pedestrian areas immediately surrounding City Hall. (Ord. 927 § 2, 2014)

General Prohibition. No sign may be displayed on public property unless a permit therefor has first been issued or the subject sign is expressly exempt from the permit requirement by this or another applicable policy statement or other authorization approved by the city council.

B.

Abatement. All permits must be consistent with this chapter. Any sign posted on public property within the city, contrary to the sections stated herein, may be summarily removed as a trespass and a nuisance by the city pursuant to this chapter. Sign owners who have signs removed by the city may be charged for all costs associated with the removal. Removed signs will be held by the city for a period of thirty days and the property/sign owner notified of same. Failure to respond to the notification may result in the sign(s) destruction or disposal by the city.

(Ord. 927 § 2, 2014)

A.

Permit Application. The administrator shall prepare and make available to members of the public an application for a permit, which shall, when fully approved, constitute a permit and indicate the city's consent, in its proprietary capacity, for placement of a sign on public property. The applicant for the permit must be the same person or entity who is to be the owner of the sign and who shall be responsible for its removal when required. The processing fee for each application, which shall not be refundable even if the application is denied, shall be the same as the fee for a sign permit under the sign ordinance, as that fee currently exists or may be amended from time to time, or such other fee as may be set by the city council. The application form shall require the applicant to state that he or she shall abide by the city's policies, as well as any special terms or conditions which may be stated on the permit, and to abide by any new or different conditions which may be imposed on all permittees who are similarly situated.

B.

Findings for Permits for Signs on Public Property. The administrator shall issue a permit for placement of a sign on public property only if, based on the information provided on the permit application and any testimony or evidence presented by the public, the following findings can be made:

1.

The proposed sign complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable development standards of this chapter; and

2.

Placement of a proposed sign at or near any street or driveway intersection shall be subject to the satisfaction of the city's community development department and traffic engineer with regard to sightdistance issues; and

3.

The overall height of the proposed sign complies with the design requirements of this chapter, and, when combined with supports and/or tethers, will not interfere or come in contact with overhead utilities or be subject to tipping or other potential hazards; and

4.

The city engineer or designee has determined that the proposed sign will not create an unlawful obstruction and will not be placed within the following areas:

a.

Within a portion of a roadway, alley, or projecting into a portion of a roadway or alley; b.

Within four feet of any marked crosswalk;

c.

Within fifteen feet of the curb return of an unmarked crosswalk;

d.

Within four feet of a fire hydrant, fire call box, police call box or other emergency facility;

e.

Within four feet of a driveway, building entrance, or sidewalk leading to the entrance of the building;

f.

Within four feet ahead of, and fifteen feet to the rear of, a sign or pavement markings designating a bus stop;

g.

Within four feet of a bench, seat or chair placed for public use within a public right-of-way; h.

Within four feet of an above-ground utility cover or street furniture;

i.

At any location where the clear space for the passageway of pedestrians is reduced to less than four feet; j.

Attached to any parking meter, traffic signal, street light, fire hydrant, power pole, sign post, refuse container or tree;

k.

In violation of local and state handicapped accessibility regulations.

C.

Permits Issued in Error. Any permit issued in error may be summarily revoked by the administrator by informing, in writing, the applicant of the nature of the error in issuance. Any applicant whose permit is revoked as issued in error may, at any time thereafter, submit a new permit application which cures any deficiencies in the original application. The application fee shall apply separately to each new application, but shall be waived when the original issuing error was caused by the city. When a permit is revoked, the permittee must remove the sign within seven calendar days of the revocation. If the permittee does not do so, then the city may remove the sign and recover from the permittee the reasonable cost of removal, as may be set by resolution of the city council. Such cost recovery may be a condition to any future or additional permits.

D.

Right to Permit—Appeal. An applicant whose application fully complies with the terms and conditions of this chapter shall be duly issued a permit. Applications which are denied or permits which are revoked or suspended may be appealed in the same manner as any sign-related decision under Chapter 17.835. (Ord. 927 § 2, 2014)

The following signs are exempt from the permit requirement:

A.

Exempt Signs—General.

1.

Government Signs. Traffic control and traffic directional signs erected by the city or another governmental entity; official notices required or authorized by law; signs placed in furtherance of its governmental functions; and signs allowable under Chapter 17.640.

2.

Legal Nonconforming Signs. Permanent signs which were erected in the past on public property in conformance with all applicable laws, rules and regulations then in effect may remain in that same location so long as they have not been and are not expanded or moved, and are properly repaired and maintained.

Commercial Mascots. Commercial mascots on the public sidewalk from sunrise to sunset, subject to a maximum sign area displayed of twelve square feet per person, with no special illumination and no inflatable objects.

B.

Traditional Public Forum Areas.

1.

This section applies only when city regulations concerning special public events, parades and demonstrations do not.

2.

In areas qualifying as traditional public forums, private persons may display non-commercial message signs thereon without first obtaining a permit, provided that the signs conform to all of the following:

a.

The signs must be personally held by a person or personally attended by one or more persons.

b.

The signs may be displayed only during the time period of sunrise to ten p.m.

c.

The maximum aggregate size of all signs held by a single person is twelve square feet.

d.

The maximum size of any one sign which is personally attended by two or more persons acting in concert is thirty-two square feet.

e.

The sign(s) shall have no more than two display faces and may not be inflatable or air-activated or produce noise, smoke or fumes.

f.

In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not block the view within the visibility triangle.

C.

Real Estate Signs; Garage Sale Signs. Signs displaying information about real estate open house events, garage sale events, or any non-commercial messages may be displayed without a permit, subject to the following:

1.

Signs may be displayed on weekends, legal holidays and broker tour days only and shall be removed at the conclusion of the event, and in the case of real estate open house signs and non-commercial messages, at the end of the weekend, holiday or broker tour day.

2.

The total dimensions including support stake or pole shall not exceed three feet in height by three feet in width.

3.

Signs may be mounted in the public right-of-way in locations where they will not interfere with normal pedestrian or vehicle traffic, and must not block the visibility triangle. Signs may not be placed in the street median (middle of the street) or on any light standard or pole, and cannot block the view of other signs.

4.

A maximum of four signs shall be allowed for each event or message. Personal attendance is not required, and illumination is not allowed.

5.

Signs shall be temporary in physical structure and mounting method.

6.

Signs described in this subsection which are displayed in times other than the allowable hours may be summarily removed by the city.

(Ord. 927 § 2, 2014)

A.

General. Subject to the conditions stated in this chapter, banners may be displayed on city-owned light standards in the downtown and on major and minor arterials as described in the general plan, for the purpose of identifying and promoting area themes or identities, or announcing or promoting special events which are open to the public and are sponsored or co-sponsored by the city.

B.

Eligibility. Participation in this light standard banner program is open only to programs sponsored or cosponsored by the city and commercial establishments with Brentwood locations which are open to the public, and educational institutions which are properly authorized, licensed and accredited with the California Department of Education, which comply with the mandatory public education requirements of state law. No more than twenty percent of the display area on each side of a banner promoting a special event or area theme may be devoted to commercial sponsorship identification.

C.

Display Time. Eligible parties may display street banners only for a maximum of six months per year. Extensions may be granted by the administrator if the sponsor wishes to retain the banners, the banners remain current and no other eligible party has applied for that location. Requests to display banners in accordance with this chapter shall be prioritized in the order received. City sponsored banners have priority over all eligible applicants seeking to participate in the street banner program.

D.

Technical Standards. The technical standards for such banners shall be developed by the administrator or designee, who is also authorized to establish and enforce policy regarding the physical installation and removal of banners.

E.

Insurance and Indemnification. As a condition of approval, parties participating in the city's light standard banner program must provide proof of insurance, in a form satisfactory to the administrator, that the participant carries insurance covering comprehensive general liability (including risks of personal injury including death and property damage, as well as advertising injury), with a coverage limit of at least one million dollars. Such insurance shall name Brentwood, including its city council, individual city council members, boards and commissions and their individual members, officers and employees as additional insureds, or name them as certificate holders. The participant shall also indemnify, hold harmless and defend Brentwood, its city council, individual city council members, boards and commissions and their individual members, officers and employees (including reasonable attorney's fees) in the event of a challenge to the banner program, as well as against all claims of liability.

(Ord. 927 § 2, 2014)

A.

When the city sponsors or co-sponsors a program for a special public event, with or without cosponsors, public property may be used to promote and identify the special event.

B.

Off-site signs may be used to advertise parades, festivals, charitable or educational fundraisers, sports league sign-ups, holiday home tours and similar events, provided that the following standards are adhered to: 1.

Signs on public property shall be limited to the following locations:

a.

The northwest and southeast corners of the Sand Creek Road and Fairview Avenue intersection.

b.

The southwest and southeast corners of the Sand Creek Road and O'Hara Avenue intersection.

c.

The northeast corner of Dainty Avenue and Central Boulevard.

d.

Within fifty feet of the southwest corner of Chestnut Street and Sellers Avenue.

2.

No more than four signs per event shall be allowed, with no more than one sign at each location.

3.

Signs shall not be placed more than thirty days in advance of the event and shall be removed no later than five days after the conclusion of the event.

4.

Individual signs shall not exceed an area of thirty-two square feet.

5.

Signs shall be non-illuminated, and shall not include reflective materials.

6.

Signs shall be securely fastened on all sides to an on-site structure such as a building, fence or wall.

7.

Signs shall be constructed of durable and weatherproof materials, including, but not limited to, vinyl and woven nylon, and shall be continuously maintained in good condition.

8.

Signs shall only advertise events that are to take place within the Brentwood city limits, or that are sponsored by or raise funding for organizations located within the Brentwood city limits.

(Ord. 900 § 2, 2012; Ord. 927 § 2, 2014)

Off-site cluster sign structures designed to advertise and give direction to a maximum of eight subdivisions

(four sign panels on each side) under development within the city may be allowed on public property subject to the provisions of this section.

A.

These signs shall be located at the intersection of two thoroughfares. The exact locations shall be considered on a case-by-case basis by the city.

B.

No two cluster sign structures shall be located within one thousand feet of any other cluster sign structure with the exception that two cluster signs may be allowed at one intersection, provided that they are not on the same corner.

C.

The maximum height of these signs shall be eleven feet and the maximum area shall be forty square feet (excluding base).

D.

A refundable cash bond in an amount set by resolution of the city council shall be posted with the city prior to the issuance of building permits, as a guarantee for the removal of each sign structure.

E.

If any sign falls into disrepair or is modified in any way that is not in compliance with this section, the city shall have the right to remove the sign and any deposits posted will be forfeited.

F.

The signs authorized by this section may be used only for commercial messages related to development of tract housing projects.

(Ord. 927 § 2, 2014)

Neighborhood identification signs may be installed at the entrance to neighborhoods or districts, subject to the following restrictions:

A.

The maximum number of signs is two per neighborhood or district.

B.

Signs shall be located at the corners of streets entering the area.

C.

Signs shall be mounted on a legal fence, wall or similar structure.

D.

The maximum copy area shall be fifteen square feet.

E.

F.

Illumination of signs shall be external and ground-mounted only.

(Ord. 927 § 2, 2014)

Chapter 17.650 ACCESSORY AND SERVICE USES (§ 17.650.001 – § 17.650.004)

A.

Title. The provisions of this chapter shall be known as the "accessory and service uses regulations" of this title.

B.

Purpose. The purpose of these provisions is to allow and regulate certain uses accessory to principle uses and service uses within the various zones.

(Ord. 408, 1987; Ord. 727, 2002)

A.

In addition to the principal uses expressly included therein, each use category shall be deemed to include such permanent activities as are customarily associated with, and are appropriate, incidental and subordinate

to, such principal use; are located on the same lot as such principal use except as expressly provided otherwise in this chapter and meet the further conditions set forth herein.

B.

Within the city, zoning notwithstanding, certain facilities and activities are required to serve the city and the surrounding unincorporated area and the region. These uses are normally of a public or public utility nature and are either essential services or do not lend themselves to specific zone designation.

(Ord. 408, 1987; Ord. 727, 2002)

Accessory uses shall be permitted as follows:

A.

Uses accessory to a residential use as follows:

1.

Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;

2.

The storage within a dwelling of materials, possessions, supplies, equipment and other material objects normally found within a home;

3.

The placement upon the premises of a dwelling equipment or goods such as toys, play equipment, yard or lawn furniture, minor yard maintenance tools and equipment and similar objects;

4.

Rooming and boarding, defined as the renting of a room with or without table board to an individual for a duration of not less than thirty consecutive calendar days, shall be permitted as follows:

a.

Occupancy to be limited to four paying guests,

b.

Occupancy in excess of four guests may be permitted subject to obtaining a conditional use permit,

c.

Rooming and boarding shall be conducted only by a person or persons residing on the premises, d.

Off-street parking shall be provided in compliance with Chapter 17.620,

e.

The use of signs in conjunction with rooming and boarding shall be prohibited,

f.

Rooming and boarding shall be subject to all other applicable city ordinances;

5.

Transient housing, defined as the renting of a room to transient guests for periods of less than thirty days shall, subject to conditional use permit approval, be permitted in the R-2, R-3 and A zones as follows:

a.

A conditional use permit shall be granted only for the rental of not more than two rooms, b.

Transient housing shall be conducted only by a person or persons owning the dwelling and residing therein as their principal place of residence,

c.

Any conditional use permit issued for transient housing shall be nontransferable,

d.

A conditional use permit issued for transient housing shall be issued for periods not to exceed two years,

e.

Off-street parking shall be provided in compliance with Chapter 17.620,

f.

The use of signs in conjunction with transient housing shall be prohibited,

g.

Transient housing shall be subject to all other applicable city ordinances.

B.

Uses accessory to a nonresidential use as follows:

1.

Operation of an employee cafeteria by a firm engaging in a principal use on the same lot;

2.

Subject to conditional use permit approval a residential occupancy in connection with a principal use on the same lot, where residency is required on the premises for protective, conference, or comparable technical purposes;

3.

Operation of administrative office services for a use on the same lot;

4.

Wholesale sale, or retail sale to the buyer's custom order, of goods produced by a principal industrial use on the same lot;

5.

Sale of goods on the same lot as a principal community service use, but only if such goods are available only to persons regularly participating in the principal activity;

6.

The storage of the inventory of any retail or wholesale business, warehouse, parts house, industry or other commercial activity when such storage is the principal activity of the use or is incidental to the use and enclosed entirely within a building.

C.

Signs pursuant to Chapter 17.640.

D.

Subject to conditional use permit approval any other use not specifically permitted or determined by the zoning administrator to be similar to a use permitted within the zoning in which it is proposed. (Ord. 408, 1987)

Within any zone, service uses shall be permitted as follows:

A.

Essential service facilities to include the construction, extension, maintenance and operation of underground or overhead installations and incidental appurtenances, equipment and accessories thereto for the normal and regular distribution and supply within and for the benefit of properties within the city, such as electric, gas, telephone, telegraph, water, sewer and storm drain facilities, including electric distribution lines having fifty kV power or less, and gas, telephone and similar essential-service lines, poles, pipes, conduits, cables, mains, drains, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including facilities listed as requiring conditional use permit approval in Section 17.680.003.

B.

Subject to conditional use permit approval, essential service facilities to include underground or aboveground public utility electric transmission lines, and towers for transmission of electricity, telephone, telegraph,

television, radio and other communications messages, such as high tension power lines and towers; underground or aboveground facilities for the transmission, storage or collection of petroleum, water, gas and sewage; public utility, office buildings, service or maintenance structures and yards, reservoirs, tanks, and substations; and routes of proposed reservoirs, tanks and substations; and routes of proposed electric transmission lines.

C.

Subject to conditional use permit approval, airports and helicopter ports, cemeteries and hospitals. (Ord. 408, 1987; Ord. 727, 2002)

Chapter 17.655 DRIVE-THROUGH USES (§ 17.655.010 – § 17.655.030)

A.

Intent. This chapter is intended to provide special development and performance standards to regulate foodand drink-related drive-through facilities to minimize the impacts on pedestrians, safety, traffic and queuing, noise, lighting, air pollution, and aesthetics associated with their use.

Purpose. The purpose of this chapter is to provide guidance to achieve drive-through facilities designed to address development impacts, operational elements, site and built design elements, and safety. (Ord. 1089, 10/14/2025)

The following development standards shall apply to drive-through uses:

A.

Residential Setback. The drive-through facility and ordering board shall be located a minimum of 100 feet from the boundary of any residential zone or PD subarea (excluding mixed-use districts), unless separated by a masonry wall.

B.

Queuing Analysis. An on-site queuing plan shall be provided to the city engineer for review and approval. Traffic circulation shall be designed to ensure efficient circulation on and off the subject site. Furthermore, vehicles shall not queue onto a public street, alley, driveway, or onto adjacent properties/parcels not associated with the drive-through use without a cross access agreement.

C.

Separate Waiting Lane. For new drive-through facilities, the drive-through lane shall be a separate lane from the circulation routes and aisles necessary for ingress to or egress from the property or access to any offstreet parking spaces.

D.

Vehicle Stacking. Drive-through ordering board speakers shall be located to allow a minimum of four cars to queue behind the ordering vehicle to prevent vehicles from stacking in the drive aisle of the parking lot. E.

Pedestrian Access and Circulation. Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous four-foot-wide minimum sidewalk or delineated walkway. Pedestrian walkways shall not intersect the drive-through lane when feasible, but where this cannot be avoided, the walkways shall have clear visibility and shall be delineated by textured and colored paving. F.

Ordering Board. The ordering board speaker for the drive-through shall be oriented and directed to face away from adjacent residential uses.

G.

Building Design. All drive-through facilities shall be subject to the city of Brentwood Commercial and Industrial Design Guidelines. The drive-through facility must be architecturally compatible with any other buildings on site and with the surrounding neighborhood.

H.

Location. Food- and drink-related drive-through facilities shall be prohibited within 300 feet of Brentwood Boulevard measured from the curb along Brentwood Boulevard to the drive-through building or drive-through lane, whichever is closer.

(Ord. 1089, 10/14/2025)

The following performance standards shall apply to drive-through uses:

A.

Noise. Noise levels from speakers shall comply with the city's noise ordinance outlined in Chapter 9.32 Noise Regulations of the Brentwood Municipal Code.

(Ord. 1089, 10/14/2025)

Chapter 17.660 ENCROACHMENTS INTO REQUIRED YARDS (§ 17.660.001 – § 17.660.008)

A.

The provision of this chapter shall be known as the "encroachment into required yards" regulations of this title.

B.

All structures referenced in this chapter shall meet all requirements as set forth in the California Building Code and require building permits as applicable.

C.

The purposes of the encroachment into required yards regulations are as follows:

1.

To provide usable private open space to fulfill needs for outdoor leisure and recreation;

2.

To preserve the intent of the zoning ordinance to provide light and air through the requirement and maintenance of certain yards and other open spaces;

3.

To assure the conservation, protection and improvement in appearance of individual properties, rights-ofway, neighborhoods and the entire city.

(Ord. 408, 1987; Ord. 1054 § 4, 2023)

The provisions of this chapter shall be applicable to the encroachment of any building, parts of buildings or

structures and the location of accessory buildings and structures into any required yard or other open space and the maintenance of yards and open space.

(Ord. 408, 1987; Ord. 1054 § 4, 2023)

For purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined in Chapter 17.030.

(Ord. 408, 1987; Ord. 1054 § 4, 2023)

Every part of each minimum required front, side or rear yard or other required open space shall be open and unobstructed from the finished grade or, where applicable, from such other specified level at which the yard or court is required, to the sky, except for the facilities allowed to project or encroach into such yard by provisions set forth elsewhere in this chapter.

B.

All yards and open spaces visible from a public or private street or alley, public right-of-way or sidewalk shall be improved and maintained with a surface which prevents dust and allows convenient use for outdoor activities, and shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust-free surface.

C.

Landscaping and screening, where required, shall be in conformance with Chapters 8.00, 8.36 and 17.630. D.

In no case shall more than fifty percent of a required minimum rear yard be covered by any buildings or structures, excluding pools and spas.

(Ord. 408, 1987; Ord. 1054 § 4, 2023)

The following table describes the number of lineal feet that certain portions of an attached accessory structure may extend into required yards and courts and other open spaces. The notation "N/A" indicates that the identified facility is not allowed. Where the height of facilities within minimum yards or courts is not specifically limited by the table in this section, such facilities shall conform to the maximum height, if any, prescribed for facilities in the zone where they are located. In no case shall any portion of an attached accessory structure, including eaves, result in a setback of less than three feet, measured from the closest projection:

e height of facilities within minimum yards or courts is not specifically limited by the table in this section, such facilities shall conform to the maximum height, if any, prescribed for facilities in the zone where they are located. In no case shall any portion of an attached accessory structure, including eaves, result in a setback of less than three feet, measured from the closest projection:

Facility	Front Yard	Side Yard on Street Side of Corner Lot	Side Yard along Interior Side Lot Line	Rear Yard	Court
A. Eaves, awnings, louvers and similar shading devices; sills, cornices and similar features; fues, chimneys and similar architectural projections from a building.	4	4	2	4	2
B. Patio roofs and similar structures projecting from and serving a residential use, which do not exceed 12 feet in height and which have open, unwalled sides along not less than 50% of its perimeter.	4	4	2	8	2
C. Unwalled breezeways and similar structures projecting from and serving a residential facility,	4	4	N/A	Any distance but not	Any distance but not within 5 feet of a lot line.

Facility	Front Yard	Side Yard on Street Side of Corner Lot	Side Yard along Interior Side Lot Line	Rear Yard	Court
which do not exceed 12 feet in height and 8 feet in width.				within 5 feet of a lot line.
D. Cantilevered bay windows located above the frst story of a building.	4	4	N/A	4	N/A
E. Unroofed balconies, decks and similar structures projecting from and serving a residential facility, but excluding corridors and similar facilities providing access to 2 more dwelling units, except that a balcony or deck projecting from a higher story shall not be deemed a roof.	6	4 but not within 5 feet of a lot line.	4 but not within 5 feet of a lot line.	8 but not within 15 feet of a lot line.	4 but not within 5 feet of a lot line.
F. Exterior access facilities which lead to the second or higher story of a building including open or enclosed fre escapes and open, unroofed outside stairways, landings and exterior corridors.	4	4	N/A	4	N/A
G. Unroofed porches, steps and other similar raised structures projecting from a building and having a mean height, including railings of not more than 6 feet above the level of the yard or court.	Any distance, but not within 3 feet of any street line abutting a public right-of-way.
H. Covered, underground or partially excavated structures, including, but not limited to, garages, fallout shelters, wine cellars and basements.	In any yard or court, provided that the surfaces of such facilities are landscaped or developed as patios or terraces whenever not covered by structures at higher stories, and provided that such facilities do not extend more than 30 inches above the average adjoining level of fnished grade except where a use permit therefor has been granted.

(Ord. 408, 1987; Ord. 1054 § 4, 2023)

Within any residential, agricultural, or open space zone, accessory buildings (as defined in Chapter 17.030), such as garages, carports, patio covers, gazebos, greenhouses, sheds, recreation buildings, pool houses and similar buildings shall be permitted in conformance with the following regulations; except where they are in conflict with the regulations of the zone:

Accessory buildings shall be prohibited in any front yard setback.

B.

Enclosed accessory buildings (as defined in Chapter 17.030) shall not be closer than four feet from any other building on the lot. Open accessory buildings shall not be closer than four feet from any other accessory building on the lot.

C.

Accessory buildings shall be set back four feet from any side or rear property line, as measured from the closest point (e.g., roof overhang or eave if applicable).

D.

The maximum height of accessory buildings shall be one story and fifteen feet.

E.

The use of accessory buildings as living quarters shall be prohibited, except as permitted pursuant to Section 17.100.005 (Accessory dwelling units).

F.

Within a required rear and side yard a portable shed (as defined in Chapter 17.030) shall be permitted provided its height does not exceed the height of the adjacent fence up to seven feet in height, its floor area does not exceed one hundred twenty square feet, and provided there exists unobstructed access (clear passage-way) with a gate leading from a street to the rear yard of at least three feet of width on at least one side of the primary dwelling. A portable shed cannot obstruct any egress or windows of a dwelling unit on the property.

G.

Shipping containers (as defined in Chapter 17.030) are prohibited within any residential zone, except that they may be temporarily placed on a private driveway, or within the public right-of-way with an encroachment permit, for a maximum of fourteen days per calendar year or a maximum of thirty days with the written approval of the community development director, or in conjunction with an active construction project that has a valid building permit or other temporary use.

H.

All accessory buildings shall meet all requirements as set forth in the California Building Code and require building permits as applicable.

I.

In no case shall more than fifty percent of a required minimum rear yard be covered by any buildings or structures, excluding pools and spas.

(Ord. 408, 1987; Ord. 1054 § 4, 2023)

Within any residential, agricultural or open space zone, detached accessory structures (as defined in Chapter 17.030) shall be permitted in conformance with the following regulations; except where they are in conflict with the regulations of the zone:

A.

Uncovered landscape features and structures such as walkways, decks, patios, porches, and ornamental ponds, having a height of not more than one foot; ornamental gate archways, planters, light standards, arbors, trellis, sun screens, outdoor fireplaces, and posts designed to support landscape features such as sun/shade sails, having a height of not more than eight feet; and flagpoles not exceeding the maximum allowable height in the zone, shall be permitted anywhere on a lot. B.

Clotheslines, radios and television masts or antennas, trash enclosures (solid waste carts on residential properties pursuant to Section 8.16.360 (Containers—Location of containers at residential premises)) and

similar structures shall be prohibited in any front yard or side yard adjacent to a street.

C.

Play structures, sport courts, batting cages, trampolines, and similar facilities shall be prohibited in any front yard but shall be allowed in any required interior side or rear yard, provided they are a minimum of four feet from any property line, other structures or buildings, and do not exceed fifteen feet in height.

D.

In the event a fence or other accessory structure or landscape feature is located in a manner so as to restrict visibility at a driveway or street intersection to a degree that, in the opinion of the city, they cause a hazard to public safety, such structure or feature shall be removed or modified within ten days of notification to the owner by the city that a hazard does exist.

E.

In ground swimming pools shall be permitted in any required rear or interior side yard setback but no closer than five feet from any property line or building line. Above ground swimming pools and spas shall also be permitted in any required rear or side yard setback, but the water line may not be closer than five feet from

any property line and shall meet all Building Code requirements in relation to separation from all dwelling units.

(Ord. 408, 1987; Ord. 1054 § 4, 2023)

Fences, which include walls, hedges and other dividing instrumentalities, shall be permitted subject to the following regulations:

A.

Fences shall be permitted anywhere on the property subject to applicable setbacks and height restrictions, and shall not fall into disrepair pursuant to Section 8.00.030 (Unlawful activities).

B.

No fence or wall shall obstruct visibility for access. In the event a fence or other landscape feature is located or grows in a manner so as to restrict visibility at a driveway or street intersection to a degree that, in the opinion of the city, they cause a hazard to public safety, the structure or feature shall be removed or modified within ten days of notification to the owner by the city that a hazard does exist.

C.

Residential Areas. Within residential zones, fences outside of the required front yard may be a maximum of

seven feet in height when located on side or rear property lines. Fences may be solid or include decorative lattice at the top. Fences in excess of seven feet shall conform to the zoning ordinance requirements regulating principal or accessory buildings with respect to setbacks.

==> picture [361 x 222] intentionally omitted <==

Figure 1 Fence Height with Lattice (not drawn to scale)

D.

Within any required front yard fences shall not exceed a height of forty-two inches.

E.

On a corner lot, the fence or wall height shall not exceed forty-two inches within a triangle formed by the street frontage curb lines extended to their intersection and a line connecting such lot line measured fifty feet from their point of intersection.

==> picture [194 x 256] intentionally omitted <==

Figure 2 Fence Height Restrictions (not drawn to scale)

F.

Measurement of Fence and Wall Height. In the event the ground elevation is not the same on both sides of a fence or wall, the height thereof shall be measured as the vertical distance between the finished grade at the base of the fence or wall to the top edge of the structure from the higher grade elevation. The grade shall not be modified in order to increase fence height.

Nonresidential or Mixed-Use Areas. Fences and walls within the side and rear yards shall not exceed a maximum height of eight feet except as otherwise required as part of a project mitigation.

H.

Prohibited Fences. The following types of fences or fencing material are prohibited within all residential zones. In commercial zones, the following types of fencing material are prohibited unless specifically approved by the planning commission in conjunction with a design review or conditional use permit, or as required by city, state, or federal laws or regulations:

1.

Barbed wire, razor, or concertina wire;

2.

Electrified fence;

3.

Chain link fencing when visible from public areas, public rights-of-way, and/or private roadways;

4.

Temporary fencing such as plastic or wire mesh fencing, barricades, and panel-system fences, except for construction sites, city-sponsored events, and temporary uses approved with a temporary use permit;

5.

Fences and walls located within a public utility easement.

I.

Retaining walls shall not exceed a height of four feet. An embankment to be retained that is over four feet in height shall be benched so that no individual retaining wall exceeds a height of four feet above finished grade, and each bench has a minimum horizontal distance of two feet between each wall. An exception may be granted for a higher wall if necessary due to slope and/or soils, based on a geotechnical report from a licensed civil or geotechnical engineer, and approved by the chief building official or public works director. A building permit is required for retaining walls that are over four feet high (measured from the bottom of the footing to the top of the wall), and/or retaining walls supporting a steeply sloped surface called a surcharge.

==> picture [341 x 220] intentionally omitted <==

Over 48″ Discouraged Required* Single retaining wall makes a massive scar on Terraced retaining walls break up mass and are hillside and is difficult to screen easier to screen

Figure 3 Retaining Walls (not drawn to scale)

(Ord. 408, 1987; Ord. 1054 § 4, 2023)

Chapter 17.670 ANIMALS (§ 17.670.001 – § 17.670.009)

A.

Title. The provisions of this chapter shall be known as the "animal regulations" of this title. B.

Purpose. The purpose of the "animal regulations" shall be to allow and regulate the keeping of animals in a manner such that they will not become a nuisance.

(Ord. 408, 1987)

The provisions of this chapter shall be applicable to the keeping of animals in residential areas, the keeping of animals for agricultural purposes, and the keeping of animals in kennels.

(Ord. 408, 1987)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Animals, domestic"

means fowl, sheep, goats, cows, horses and similar animals and excluding household pets and exotic animals.

"Animal husbandry"

means the breeding, buying, raising and keeping or domestic animals for commercial purposes such as dairying, slaughter, shearing and/or sale and necessary accessory uses related thereto but not including the commercial feeding of garbage or offal to swine, slaughter houses and similar activities or facilities.

Animal Husbandry, Limited.

"Limited animal husbandry" means the breeding, raising and keeping of domestic animals as pets, for sport

and/or personal consumption when planned and provided for as part of the original design of the subdivision. Animal, Wild or Exotic.

See Section 416.2.106 of the Contra Costa County Animal Code.

"Contra Costa County Animal Code"

means Division 416 of Title 4 of the Health and Safety Code of the county of Contra Costa as it pertains to

the keeping of animals and as adopted by Title 6 of the municipal code of the city of Brentwood.

"Dog fancier"

means a person owning or keeping more than five dogs over the age of six months:

1.

As pets;

2.

For showing in recognized dog shows, field trials, or obedience trials;

3.

For working and hunting; or

4.

For improving the variety of breed in temperament or conformation with a view to exhibition in shows or trials or for use as working dogs in hunting.

"Household pet"

means dogs, cats and fish, mice, rats and similar rodents; guinea pigs and similar animals; snakes, lizards and similar reptiles which are indigenous to the area; and fowl but not including exotic animals.

"Kennel, public"

means the business of buying, selling, boarding, training and/or breeding and raising of dogs, cats or other household pets but not including a pet shop or a veterinarian office.

"Stable, private"

means the breeding, raising and keeping of horses. Private stables are not generally open to or accessible to the public and may include the boarding of horses as an accessory activity.

"Stable, public"

means the business of breeding, raising and boarding horses. Public stables are generally open to and accessible to the public and may include the training of horses and riders, limited retail sales of tack, feed and related items; the hiring of horses; and related activities.

(Ord. 408, 1987; Ord. 501 § 2, 1991; Ord. 507 §§ 4, 5, 1992)

The keeping of animals shall be subject to any applicable zoning district regulations, the Contra Costa County animal code, where applicable, and the additional regulations of this chapter. (Ord. 408, 1987)

The keeping of domestic animals within the city shall be subject to the following regulations: A.

Within the residential zoning districts, the standards indicated in the following table shall apply:

Zoning	Zoning	Animals Allowed	Number Allowed Per Acre	Min. Lot Size
R-E		Cows, pigs, goats, sheep, fowl, rabbits, horses, and similar animals	2 large livestock, or 4 small livestock, or 24 small animals (or combination thereof)	Large and small livestock: 1 ac. No min. lot size for small animals (no minimum needed due to 1 acre min. lot size required by zoning)
R-1-E		Same as above except no pigs	Same as above	Large and small livestock: 1 ac. Small animals: 20,000 sq. ft.
R-1-6, 8, and 10		Same as above	Same as above	Same as above
R-2 and R-3		Same as above*	Same as above	Same as above
Notes:
*	Animals indicated in the above table are permitted in the R-2 and R-3 zones only on properties which are used for single-family residential or agricultural purposes.

Large livestock includes cows, horses, and similar animals. Small livestock includes goats, sheep, pigs and similar animals (pigs are only allowed in the R-E zone). Small animals includes fowl (such as chickens or geese), rabbits, and similar grain fed rodents.

Chicken houses, rabbit hutches, and similar accessory structures provided for the housing of smaller animals shall be set back not less than sixty feet from the front property line or any street line, and shall be not less

than forty feet from any side or rear property line.

C.

Barns, stables and other buildings or structures used to shelter livestock shall be set back not less than one hundred feet from the front property line and fifty feet from any side or rear property line.

D.

Fenced pastures, paddocks, or other enclosed livestock areas shall not be located nearer than ten feet to any property line. The ten-foot setback need not be provided along property lines which are immediately adjacent to compatible uses such as the keeping of domestic animals, farming, or other agricultural operations. E.

Animal waste accumulations shall be removed from the premises, composted or spread in a manner that will minimize odor and fly propagation.

F.

Animals at large shall be secured at all times by enclosure in pens, barns corrals, paddocks, or similar structures or within open areas sufficiently and adequately fenced for their restraint.

(Ord. 408, 1987; Ord. 501 § 3, 1991)

Public stables shall be subject to the following regulations.

A.

Retail sales of feed, tack and related items shall be primarily for the convenience of the boarders and may be evidenced from the public right-of-way only by a sign having an area not exceeding eight square feet. B.

The conduct of horse shows and similar activities shall require conditional use permit approval. C.

Off-street parking shall be required pursuant to Chapter 17.620.

(Ord. 408, 1987)

Kennels shall be subject to the following regulations:

A.

Kennels shall not evidence any odor beyond the premises of the property on which they are located.

B.

Kennels shall not evidence any barking beyond the premises within any R district or the MHP district.

C.

Public kennels shall be subject to the applicable zoning district regulations and the additional regulations of this chapter.

(Ord. 408, 1987; Ord. 507 § 6, 1992)

A.

Private Stables. Shall not evidence by signs on the premises or other advertising any sales, breeding, boarding or other commercial activity.

B.

Household Pets. Except for dogs and cats the provision of this chapter shall not apply to the keeping of household pets which are confined at all times within the household.

C.

Exotic Animals. See Section 416.11 of the Contra Costa County animal code. D.

Dogs and Cats. No more than five dogs or cats over the age of six months may be kept in any residential zoning district, with the exception of the following: six or more dogs may be kept in any residential zoning

district provided that a use permit is obtained for a dog fancier's license, subject to the requirements of Section 17.670.009.

(Ord. 408, 1987; Ord. 507 § 7, 1992)

A dog fanciers license may be obtained in any of the residential zoning districts for the purpose of keeping or owning more than five dogs over six months in age. The license is subject to the following standards: A.

A use permit shall be obtain in accordance with the requirements of Chapter 17.830 of this code;

A minimum lot size of one acre shall be maintained;

C.

All dogs shall be confined on the premises or exercised under the owner's control;

D.

All dogs shall be provided with adequate shelter;

E.

There shall be no evidence of odor beyond the premises of the property on which the dogs are located; F.

No more than ten dogs, over the age of six months, per acre shall be allowed. The maximum number of dogs allowed shall be determined through the use permit process;

G.

The keeping of dogs shall not cause a nuisance due to noise, as defined by County Code Section 416.12.202;

H.

A violation of any of these standards shall be cause to conduct proceedings before the planning commission to have the license revoked. The planning commission may permanently revoke the license, temporarily revoke the license, or add additional conditions to the license. In order to revoke a license, the city shall provide notice in accordance with the requirements of Section 17.800.009 of this code. (Ord. 507 § 8, 1992)

Chapter 17.680 OIL AND GAS PRODUCTION (§ 17.680.001 – § 17.680.020)

Note: Prior Ordinance History: Ords. 408 and 597.

A.

Title. The provisions of Chapter 17.680 shall be known as the "Oil and Gas Production Regulations" of this title.

B.

Purpose. The purpose of the "oil and gas production regulations" is to establish reasonable and uniform limitations, safeguards and controls for the present operation of and future drilling for and production of oil, gas, and other hydrocarbon substances within the city so that such activities may be conducted in harmony with other uses of land within the city, thus protecting the people of the city in the enjoyment and use of their property and providing for their comfort, health, safety and general welfare. C.

The council hereby finds and determines that uncontrolled oil, gas, and other hydrocarbon substance exploration, development, and production uses would be detrimental to the general welfare and public

peace, health, safety, comfort, convenience, and prosperity of the citizens and residents of the city. Therefore, except as otherwise provided in this chapter, including compliance with all of the limitations and regulations on operations set forth in Section 17.680.004, no person shall engage in oil, gas, or other hydrocarbon substance exploration, development, and production activities from any location within the city. Notwithstanding any other provision of this code, oil and gas exploration, development, and production uses may be permitted or permitted subject to approval of a conditional use permit in a particular district only when oil and gas exploration, development, and production uses are expressly listed as permitted or conditionally permitted uses in that specific district.

(Ord. 1067, 2/27/2024)

A.

Those definitions provided in Public Resource Code (PRC) Section 3000 et seq., relating to oil and gas exploration and production shall apply to this chapter and are adopted herein by reference. In addition to those definitions in the PRC, the following shall apply:

B.

All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

"A-weighted sound level"

means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

"Ambient noise level"

means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

"Decibel"

means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty microPascals. "Emergency work"

means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

"Equivalent sound level, Leq (dBA)"

means the level of a steady sound which, in a stated time period and at a stated location, has the same A- weighted sound energy as the time-varying sound. Mathematically, Leq is determined as follows:

==> picture [329 x 63] intentionally omitted <==

(REF EPA "—LEVELS—," 550/9-74-004, March, 1974.)

The Leq can be estimated from direct observations of a hand held sound level meter with the following equation:

==> picture [326 x 101] intentionally omitted <==

(REF; ANSI SI.13-1971, PAGE 23)

"Noise control ofcer (NCO)"

means the municipal agency or department having lead responsibility for this chapter. (If no such agency is designated, the term shall mean the municipal official having lead responsibility for this chapter.)

"Noise disturbance"

means any sound which, as judged by the noise control officer:

1.

Endangers or injures the safety or health of human beings or animals; or

2.

Annoys or disturbs reasonable persons of normal sensitivities; or

Endangers or injures personal or real property; or

Violates the factors set forth in Section 17.680.005.

Compliance with the quantitative standards as listed herein shall constitute elimination of noise disturbance.

"Production facilities"

means all equipment, pipelines, etc., used for the purpose of producing or transporting oil, gas and other

hydrocarbon substances within or through the City of Brentwood, excluding normal public utility gas lines. "Pure tone"

means any sound which can be judged as audible as a single pitch or a set of single pitches by the noise control officer. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred Hz and above and by eight dB for center frequencies between one hundred sixty and four hundred Hz and by fifteen dB for center frequencies less than or equal to one hundred twenty-five Hz.

"Sensitive receptor"

means a residence, including any private home, condominium, apartment, or living quarter; an education resource, including a preschool, kindergarten, grades 1 to 12, day care center, park, playground, university, or college; a community resource center, including a youth center; a health care facility, including a hospital, retirement home, or nursing home; live-in housing, including a long-term care hospital, hospice, or dormitory; and any building housing a business that is open to the public.

"Sound level meter"

means an instrument meeting or exceeding American National Standard Institute's Standard S1.4-1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

(Ord. 1067, 2/27/2024)

Appropriate permits shall be obtained from the city for all oil, gas or other hydrocarbon operations including, but not limited to, seismic or geophysical oil or gas exploration or survey, drilling a new or reworking an existing well for oil, gas or other hydrocarbon substances, construction of related facilities for oil, gas or other hydrocarbon production. It shall be unlawful and a nuisance for any person to conduct any drilling operation or to drill and produce any oil and gas well or well hole in the surface or subsurface of the city from any drill site without first having applied for and obtained the requisite permits. The following permits shall be required:

A.

A conditional use permit shall be obtained prior to the drilling of a new well or the reworking of an existing well which has not complied with these regulations, or prior to the construction of any new related facilities for the production of oil, gas or other hydrocarbon substances within or through the city excluding normal public utility gas lines.

B.

A temporary use permit shall be obtained prior to seismic or geophysical surface-based exploration or survey for the purpose of locating gas, oil or other hydrocarbons, excluding any exploratory drilling operations which are subject to a conditional use permit.

C.

A temporary use permit shall be obtained by the operator prior to any reworking of a well that has previously complied with these regulations.

D.

Emergency Work. Whenever it is necessary to do work on a well to prevent a hazardous condition or the loss of the well, the operator is authorized to do such work without permits; however, the operator must immediately report any emergency which has the potential of threatening adjoining properties. All other emergencies must have a preliminary report submitted to the city within twenty-four hours and a final report within five working days after the emergency work is completed. Such emergency work shall be excluded from the maximum permissible sound levels during the term of the emergency only. E.

Administrative Conditional Use Permit. Applications for new or redrilled wells and/or production facilities shall be reviewed and acted on by community development department staff at a public hearing. Staff may refer any such case to the planning commission for review and action. Any staff decision may be appealed to the planning commission by any interested party upon filing a written appeal request and payment of an appeal fee as provided for under the provisions of appeal of a planning commission decision in the zoning ordinance. F.

Application Submittal. All applications for conditional use permits listed in subsection A of this section, shall include the following information in addition to the standard information required for a conditional use permit application:

1.

Plan of drill site, production, storage and all surface facilities, including each derrick, tank, sump, pipeline, boiler and other existing and proposed equipment, including the distance to all existing and approved dwellings and other structures and land uses within a three-thousand-two-hundred-foot radius of the subject oil/gas facility;

2.

Names and addresses of the mineral, surface and lease owners of the subject well and parcel; 3.

A statement of the provisions for water for the drill rig;

Name and address of the person upon whom service of process upon applicant may be made, and a consent that service of summons may be made upon such person in any action to enforce any of the obligations of the applicant;

5.

A statement that the applicant has the right, by reason of ownership or the permission of the owner, to pass through and enter all property through which such well is proposed to pass and that the applicant is duly authorized by the property owner to make and file the application;

6.

A complete legal description of the subject site;

7.

A brief description of the manner in which the oil will be produced and transported if the drilling operation is successful;

8.

An oil spill contingency plan that specifies the location, description of responsibilities for cleanup and monitoring, disposition of wastes, and reporting incidents;

9.

A phasing plan for the staging of the drilling operations, including but not limited to, an estimated timetable for project construction, operation, completion and abandonment, as well as location and amount of land reserved for future expansion;

10.

Copies of all other required permits, insurance and bonds, including, but not limited to, those required by the California Department of Conservation Geologic Energy Management Division (CalGEM), the Regional Water Quality Control Board and the Bay Area Quality Management District;

11.

An acoustical study prepared by a qualified acoustical engineer documenting existing ambient noise levels over a twenty-four-hour period on the drill site and within a five-hundred-foot radius, if there are any occupied buildings within that radius;

12.

Any and all other information that the city may, in its discretion and from time to time, require; 13.

A written agreement duly executed by the applicant that in the event a permit is issued to him or her by the city, he will, as a condition to any of his operations within the city, faithfully comply with and abide by each and all of the provisions, requirements, and conditions of this chapter, and conditions of approval. (Ord. 1067, 2/27/2024)

The following development standards are applicable to all drilling or production operations within the city unless approved otherwise through the conditional use permit procedure:

A.

All oil and gas development related buildings, structures, equipment, systems, and drilling and production operations shall comply with the provisions of this code, California Public Resource Code Section 3000 et seq., all regulations of CalGEM and the State Division of Industrial Safety, and all other agency regulations which apply to such operations.

B.

Minimum Production Site Size. All production sites shall be minimum of three acres in size in order to accommodate consolidation of drill site, equipment, soundproofing, landscaping, circulation, and allow for

reuse of the property at such time as the site is no longer utilized for drilling operations, unless a smaller site is approved by the planning commission through the conditional use permit procedure after careful consideration and the planning commission determines that a smaller site can accommodate all equipment, landscaping, etc., and is of adequate size for reuse.

C.

Access Roads and Production Site. All private roads used for access to the production site and the production site itself shall be surfaced with a permanent or semi-permanent surface such as rock or gravel and maintained to prevent dust or mud.

D.

Sumps or Ponds. All sumps, sump pits, ponds or similar devices such as portable tanks constructed onsite for the purpose of holding waste material shall be lined to prevent such waste material from penetrating into the soil. Furthermore, when such sump, pit or pond is no longer needed, it shall be excavated of all foreign materials and filled with compacted earth to the level of the surrounding terrain.

E.

Fencing. All sumps, pits, excavations and production sites shall be enclosed with a fence, the type of fencing and height to be determined by the planning commission at the time of consideration of the conditional use permit. The fencing required by the planning commission shall be at least as protective of the environment as that required in 14 Cal. Code of Regulations Section 1778.

F.

Abandonment of Site. At such time as the oil or gas drilling or production site is abandoned, the responsible party shall abandon the site in accordance with CalGEM regulations for urban areas and all other applicable regulations. Furthermore, the drill or production site and all access roads shall be restored to their original condition or as nearly as practicable unless approved otherwise by CalGEM and the planning director of the city upon receipt of a written request by the property owner. The responsible party shall furnish the city with a copy of the CalGEM approval showing compliance with all abandonment proceedings under state law.

G.

Nonproducing Well. Whenever the cost of production exceeds the revenue produced by an oil or gas well or whenever a well is shut down for a period of ninety consecutive days or more, it shall be considered a nonproducing well. When a well is determined to be nonproducing or is shut down for ninety consecutive days or more, the operator shall report to the city the status of such a well.

The operator shall then have ninety days to conduct an engineering evaluation to determine the economic viability of continuing production operations. If it is determined that the well is no longer economically viable, the well shall be abandoned in conformance with Section 17.680.004(F).

The operator shall submit, upon request, reports to the city on each well reflecting the cost/revenue ratio of each well in order to determine if the well is nonproducing.

H.

Site Development. At the time of application for a conditional use permit to all drilling and production, the applicant shall submit a plan showing relationship to existing land use, ultimate land use if different, and shall indicate proposed mitigation measures to all anticipated impacts, including, but not limited to, noise, light or glare, odor, traffic, aesthetics, etc. Furthermore, the application shall include a plan for the ultimate reuse of the drilling or production site and how the ultimate use of the site will relate to adjacent uses. I.

Screening and Landscaping Production Sites. All oil or gas production sites shall be adequately screened from adjoining properties and public rights-of-way, with the specific type of screening and landscaping to be determined by the planning commission at the time of consideration of the conditional use permit.

Well Location. No new well, storage tank, or production facility shall be located within three thousand two hundred feet of any sensitive receptors.

K.

Soundproofing. If drilling or redrilling operations are located within one thousand feet of an occupied building, noise sources associated with the operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits contained in this chapter. Permittee shall install every device in the nature of exhaust mufflers and other equipment for the elimination of noise, obtainable and practicable for that purpose, on all operating machinery and equipment and on the well in all instances where objectionable noises might otherwise exist. Soundproofing shall be installed prior to commencement of operations and shall include but not be limited to the following:

1.

Any well which is to be drilled or redrilled, and which is within five hundred feet of an occupied building, shall have all parts of a derrick above the derrick floor, including the elevated portion used as a hoist, enclosed with fire resistive soundproofing blanket or panel material. Such soundproofing shall comply with accepted American Petroleum Institute standards and shall be subject to fire department regulations. All doors shall be closed during drilling, except for ingress and egress and necessary logging, testing and well completion operations. Alternative materials or methods of noise abatement may be used, such as electric power for drilling, provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

2.

Any well which is to be drilled or redrilled, and which is within five hundred one feet to one thousand feet of any occupied building, shall be enclosed by a plywood fence with fire resistive sound insulating material on the interior of the fence. The fence shall specifically enclose all generators and the drill rig itself, to a height of twenty feet from grade. Alternative materials or methods of noise abatement may be used, such as earthen berms, other sound insulating materials, or other methods proposed by applicant, or electric power for drilling, provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

L.

Signs. All oil/gas facilities shall have a legible, permanent, prominently displayed and maintained metal sign no less than two square feet in area containing the following: name of the drilling contractor, name of the owner or operator, twenty-four-hour emergency phone number, lease name and name and number of the well. If the operator changes, it will be the new operator's responsibility to replace the sign within thirty days after the change.

M.

Derricks. All derricks and masts shall be consistent with California Division of Industrial Safety and OSHA standards, be at least equivalent to the standards and specifications of the American Petroleum Institute

(API), and meet the following standards:

1.

All derricks or masts, standard or portable, used for drilling, redrilling, rework, production or servicing, within two hundred feet of a public right-of-way or building, shall have derrick crown(s) shrouded to prevent oil and water spraying into the air.

2.

All derricks and masts hereafter erected for drilling, redrilling or rework shall be removed within thirty days after completion of the work unless otherwise ordered by the director of CalGEM.

N.

Permittee shall immediately remove the derrick and all other structures not required in the event gas only be produced from the well and erect a suitable and sightly structure over the well of the most modern and approved design for the purpose, using only such space for the same as is necessary, and also shall fill all holes and excavations, save the well, and restore all surfaces to their original condition.

O. Storage Tanks/Production Equipment.

1.

Unless otherwise permitted by the planning commission, the total capacity of oil storage facilities shall not exceed two thousand barrels per well, and no tank shall exceed one thousand barrels capacity. Tanks shall be constructed and maintained to be vapor tight.

2.

Each oil, gas separator shall be equipped with both a regulation pressure-relief safety valve and a bursting head.

3.

No storage tank shall be erected closer than fifty feet from any building, nor shall any building be erected within fifty feet of any storage tank. The city may permit this distance separation to be reduced for low occupancy industrial or warehouse buildings, subject to additional or special safety of fire systems requirements which may be approved and imposed by the fire district. These distance provisions shall not apply to any tank or related facility constructed prior to 1998.

4.

All tanks and attached fixtures shall be constructed and maintained in accordance with American Petroleum Institute, OSHA, California Division of Industrial Safety, CalGEM, National Fire Protection Association (NFPA), and EPA standards.

5.

Tanks shall rest directly on the ground or on foundations or supports of gravel, concrete, masonry, piling or steel. Tank foundations shall be elevated, level and larger in diameter than the tank itself. Exposed piling or steel tank supports shall be protected by fire resistive materials to provide a fire resistance rating of not less than two hours. Tank supports and connections shall be designed and installed to resist damage as a result of seismic activity.

6.

No tank for storage of any flammable liquid shall be located closer than three feet to any other such tank. 7.

New tanks used for storage of crude petroleum and other flammables shall be diked or provided with diversion walls and catchment basins, or combinations thereof, to meet the requirements of CalGEM and NFPA. The volumetric capacity of a diked area shall not be less than capacity necessary to hold the full volume of the largest tank below the height of the dike.

Dike walls shall be of concrete, solid masonry or earth designed and maintained to be liquid tight and to withstand a full hydrostatic head, except that all dikes in residential zones shall be solid masonry or poured in place concrete. Asphaltic surfacing shall be required on all earthen dikes. Surfacing shall be impervious and prevent leaching through pavement.

9.

All tank piping, valves, fittings and connections including normal and emergency relief venting, shall be installed and maintained in accordance with current API standards.

10.

All production equipment shall be kept painted in neutral, earthtone colors and maintained at all times. (Ord. 1067, 2/27/2024)

A.

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section 17.680.002 and shall conform to methods prescribed by ANSI or its successor. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

B.

The location selected for measuring exterior noise levels shall be at a point within the property line of the receiver's location. Where feasible the microphone shall be at a height of three to five feet above ground level and shall be at least ten feet from walls or similar reflecting surfaces. C.

A microphone windscreen shall be utilized for all outdoor measurements.

D.

Where possible, sound level measurements shall be conducted during fair to dry weather conditions with average wind velocities of less than ten miles per hour. In all cases weather information shall be documented during the sound survey interval. Items to report shall include but are not limited to wind velocity and direction, dry and wet bulb temperature (degree in Fahrenheit), and relative humidity (percent).

E.

Although the use of sophisticated acoustical instrumentation for the measurement of equivalent sound level, Leq, (dBA) is available and its use is preferred; it is not essential for the purposes of this chapter. The equivalent sound level (Leq) of the noise source in question may be estimated using a hand held sound level meter by averaging at least twenty separate observations over a measurement interval that is representative of a typical one hour operation of the noise source. Depending on the character of the noise source the measurement interval may vary from as little as a few minutes to as long as one hour.

F.

"Slow" meter response is generally preferred. However, if the noise source changes level rapidly in a random fashion several times a minute, exceeding a ten dB dynamic range, then "fast" response shall be used. The noise control officer can make a determination of the appropriate meter, meter response, "fast" or "slow" to be used in those cases that are unclear.

(Ord. 1067, 2/27/2024)

The following noise performance standards are applicable to all drilling or production operations within the city unless approved otherwise through the conditional use permit procedure. The noise levels caused by drilling, redrilling or production operations shall be monitored on a complaint basis or periodically at the discretion of the noise control officer of the city. The cost of such noise monitoring shall be borne by the operator conducting such drilling, redrilling or production operations.

Maximum Permissible Sound Levels by Receiving Land Use. No person shall operate or cause to be operated any oil drilling or production equipment at any location within the incorporated city which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed the noise level limits set forth for the receiving land use category in Tables 17.680.006(1) and 17.680.006(2).

Table 17.680.006(1) EXTERIOR NOISE LIMITS FOR DRILLING OR REDRILLING OPERATIONS
Receiving Lane Use Category	Time Period		Equivalent Sound Level, Leq, (dBA) for any hour
Residential	7:00 a.m.—10:00 p.m.		75
	10:00 p.m.—7:00 a.m.		50
Agricultural, Commercial or Industrial	7:00 a.m.—10:00 p.m.		75
	10:00 p.m.—7:00 a.m.		70
Table 17.680.006(2) EXTERIOR NOISE LIMITS FOR PRODUCTION OPERATIONS
Receiving Lane Use Category		Time Period	Equivalent Sound Level, Leq, (dBA) for any hour
Residential		7:00 a.m.—10:00 p.m.	55
		10:00 p.m.—7:00 a.m.	45
Agricultural, Commercial or Industrial		7:00 a.m.—10:00 p.m.	60
		10:00 p.m.—7:00 a.m.	50

B.

Noise Abatement Methods. The noise abatement method(s) in which the operator meets the noise level standards in Table 17.680.006(1) or 17.680.006(2) shall be determined by the operator to allow the operator the flexibility of utilizing the most efficient and cost effective method(s) available to the operator.

1.

If noise complaints are received by the city, or if noise levels exceed those permitted by this chapter, a noise violation notice shall be issued to the operator.

2.

Upon receipt of notice, the operator shall submit for the approval of the community development department the procedures the operator will undertake to correct the violation. Corrective measures must be initiated within twenty-four hours of operator's receipt of the notice. The city may require additional or follow-up noise field tests by an acoustical engineer to ensure compliance, in which case the operator shall pay the actual costs to the city for such tests.

3.

Failure to comply shall be reason for the city to limit drilling, redrilling or other operations to daylight hours (seven a.m. to seven p.m.).

4.

Nothing shall preclude the city from pursuing other administrative or legal remedies to obtain compliance. C.

Adjustment for Ambient Noise Level. In the event the ambient noise level exceeds those limits established in Table 17.680.006(1) or 17.680.006(2), then the planning commission may adjust the "exterior noise limits" upward for the particular site in question to reflect said ambient level only after careful consideration of all pertinent data. However, in no case will the "exterior noise limits for production operation," Table 17.680.006(2), be increased by more than ten dBA.

D.

Correction for Character of Sound, Production Operations Only. In the event the alleged offensive noise, as judged by the noise control officer, contains a steady audible tone such as a whine, screech, or hum, the standard limits set forth in Table 17.680.006(2) shall be reduced by five dBA.

Pulsating or intermittent noise activities such as hammering or rocking pipes, acceleration and deceleration of engines or motors, low speed compressors which fire intermittently and other such pulsating or intermittent noises shall be prohibited between the hours of ten p.m. to seven a.m. for all drilling operations and shall be prohibited at all times for all production operations if such noise creates a nuisance within any residential, commercial or industrial area.

F.

Light or Glare. It is unlawful for any person to operate, or cause to be operated any oil production equipment on any well, or incidental to a well, within the incorporated limits of the city in any manner so as to direct any light or glare such that it negatively impacts any adjoining residential or commercial land uses. Furthermore, such light or glare must be directed away from any public street such that it will not create a traffic hazard.

G.

Waste Discharge. At no time shall any waste matter be discharged into the public sewer, storm drain, or irrigation systems, any stream or creek, or into the ground, except in accordance with the regulations or requirements of all applicable local, state or federal agencies. H.

Vibration. Any ground vibration generated by any oil or gas drilling or production operation which is discernible at any developed property shall be prohibited. Vibration dampening equipment of the best

available technology shall be installed as required by the city so as to reduce vibration to a minimum. No drilling shall be commenced until the building official has approved the vibration dampening equipment installation, and drilling shall be discontinued at any time the building official determines that the vibration dampening equipment is not functioning as intended, such that vibrations are discernible from developed properties.

I.

J.

Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District.

K.

Flaring Wells. The flaring of wells shall be limited to daylight hours only.

Heavy Equipment. Transport of heavy equipment or large trucks to and from the production site shall be limited to the hours of seven a.m. to ten p.m.

(Ord. 1067, 2/27/2024)

A.

At all times when practical and reasonable, new drill sites shall be developed at an existing established drill site in order to free more land for other uses and reduce the interface between oil or gas activities and other land uses, thereby making the potentially adverse impacts from such operations easier to mitigate; and provide for the opportunity to establish greater buffers and separation between oil or gas facilities and other uses.

B.

Whenever a new drilling site is proposed, the proponent shall analyze, in conjunction with the city and CalGEM, all gas or oil zones and the typical reach of directionally drilled wells in order to establish a site where all or most of the resource can be removed from one drilling site.

(Ord. 1067, 2/27/2024)

The noise control officer shall be the planning director or a person designated by the planning director of the city. The noise control officer is authorized to enter property for the purpose of investigating complaints of noise or for normal periodic checks of noise levels at drilling or production sites.

(Ord. 1067, 2/27/2024)

Drilling or production sites legally established within the unincorporated area and subsequently annexed to the city of Brentwood may continue without complying with the requirements of this chapter provided the site or operations on the site do not create a public nuisance as defined within this chapter. Whenever an existing drilling or production site which has not complied with these regulations is reworked, meaning that the intensity of the use on the site is increased or the size of the operation is enlarged, it shall then comply with these regulations. A nonconforming use that is changed to, or replaced by, a conforming use shall result in termination and subsequent abandonment of the nonconforming use.

(Ord. 1067, 2/27/2024)

No person shall conduct any oil or gas operation in a manner that would create any noise, odor, or vibration detrimental to the health, safety, or welfare of the surrounding area or any reasonable number of persons. Such manner of operation is declared to be a public nuisance and when determined by the city that a drilling

site or operation constitutes a public nuisance, the city shall take all actions necessary and available to abate such nuisance.

(Ord. 1067, 2/27/2024)

In the event of any leak or spill of any pollution or deleterious substance, whatever the cause thereof, the permittee shall notify the community development department. If, in the judgment of the city, such leak or spill represents a potential environmental hazard, the city may issue whatever corrective orders deemed appropriate, and may require the appropriate testing of the surface and subsurface for pollutant incursion, the cost of such tests to be borne by the permittee.

(Ord. 1067, 2/27/2024)

Building permits shall be secured for all permanent structures in conformance with the Uniform Building Code. Electrical permits shall be required for all electrical connections for drilling/redrilling and/or pumping units if electrical motors are utilized.

(Ord. 1067, 2/27/2024)

No operations shall commence until the applicant files with the city insurance certificates as follows: Permittee shall carry a policy of standard comprehensive general public liability insurance for the drilling period, including coverages for: sudden and accidental pollution including the cost of environmental

restoration, underground resources coverage and completed operations. The policy shall insure the city against all costs, charges and expenses incurred by it for cleanup of sudden and accidental pollution. The insurance shall name the city as an additional insured for third party liabilities arising from any oil/gas drilling operations insured under the certificate during the period of coverage. Insurance shall include contractual liability covering bodily injuries and property damage, naming the permittee and the city of Brentwood, in the amount of one million dollars per occurrence. The deductible must be no greater than ten thousand dollars. The policy shall provide for a thirty-day cancellation notice to the city in the event the policy will be terminated for any reason except nonpayment of premium in which case the notice period shall be ten days. (Ord. 1067, 2/27/2024)

The operator shall indemnify, defend and hold the city, and their elected officials, officers, agents and employees free and harmless from all actions, suits, claims, demands, liability, costs, and expense, including prosecution claimed or established against them, or any of them, for damage or injuries to persons or property of whatsoever nature, arising out of or in connection therewith the acts or omissions of operator, its servants, agents, or employees, or to which operator's negligence shall in any way contribute, or arising out of the operator's failure to comply with the provisions of any federal, state or local statute, ordinance or regulation applicable to the operator.

(Ord. 1067, 2/27/2024)

Whenever a well is to be sold, the permittee shall notify the community development department in writing a minimum of thirty days prior to the effective date of sale.

(Ord. 1067, 2/27/2024)

Any officer or employee of the city whose duties require the inspection of the premises shall have the right and privilege, at all reasonable times, to enter upon any premises upon or from which any operations being conducted for which any permit has been issued or is required, for the purpose of making any inspections. No owner, occupant, or any other person having charge, care, or control of any premises shall fail or neglect to permit entry.

(Ord. 1067, 2/27/2024)

Every operator of any well shall designate an agent, who must be a resident of the state during all times he or she serves as agent, upon whom all orders and notices may be served in person or by mail. Every operator shall, within five days, notify the community development department in writing of any change in such agent

or mailing address. The operator shall submit to the community development department a copy of the CalGEM report of property/well transfer/acquisition within thirty days after sale, assignment, transfer, conveyance or exchange of any oil/gas facilities.

(Ord. 1067, 2/27/2024)

A.

Any violation of this chapter is hereby declared to be a public nuisance, and the city attorney shall, upon order of the council, immediately commence an action and proceedings for the abatement, removal, and enjoinment thereof in any manner provided by law, including applying to any court having jurisdiction to grant such relief as may be necessary to restrain and enjoin any person from committing such violation. B.

Violations of this chapter are further hereby declared to constitute a misdemeanor. (Ord. 1067, 2/27/2024)

If any operator is violating any of the provisions of this chapter which affect public health and safety, the city may issue a stop work order for immediate cessation of operations. The operator shall immediately comply with the order and shall not resume operations until written consent from the city has been obtained, or unless ordered by CalGEM due to special or emergency circumstances.

(Ord. 1067, 2/27/2024)

A.

Any permit issued pursuant to the provisions of this chapter may be revoked by the planning commission, or on appeal by the city council, upon a finding:

1.

That permittee has failed, neglected, or refused to comply with and abide by any of the conditions of their permit; or

2.

That permittee has failed, neglected, or refused to comply with and abide by, or has in any way violated any of the provisions of this chapter, any other ordinance of the city, or any other law, rule or regulation, either directly or indirectly, by reason of, in connection with, or incident to his or her operations under the permit or upon the premises covered by such permit; or

3.

If any of permittee's operations, or the continuance thereof, upon the premises covered by his/her permit are or are likely to become a menace or hazard to business, to any public property, to any interest of the city, or to the lives or safety of persons; or

4.

If permittee shall have made any willful misrepresentation of fact in any application for such permit or in any report or record required by this chapter to be filed with or furnished to the city by permittee.

B.

Any permit, either in connection with a proceeding for the revocation thereof or otherwise, may be suspended by the commission or council upon finding that the operations of the permittee constitute or have become an immediate menace or hazard to commerce, to any public property, to any interest of the city, or to the lives or safety of persons. The suspension and/or revocation of any permit shall be made and accomplished in the following manner.

C.

Following a public hearing by the planning commission, or on appeal by the city council, notice of suspension and/or revocation shall be served upon permittee, stating the reasons and grounds upon which the proposed action is based, requiring permittee within fifteen days after the service upon him or her of such notice, to

cure and remedy any fault, noncompliance, or violation of any condition for which suspension or revocation of the permit may be made. Said permit shall, without any further or other action of or by the city, be revoked five days after the time herein provided for the curing of any default, or within any further times as the commission or council may have granted, has expired.

D.

At such hearing, the permittee and the public shall be given an opportunity to present information relevant to consideration of suspension or revocation of the permit.

E.

It is unlawful to carry on any of the operations authorized by any permit during any period of suspension or after revocation; provided that nothing shall prevent the performance of such operations as may be ordered by CalGEM, necessary for safety, or necessary to cure and remedy the default, noncompliance or violation for which suspension or revocation was ordered.

(Ord. 1067, 2/27/2024)

Chapter 17.690 ADULT-ORIENTED BUSINESS REGULATIONS (§